Representation of the People Act 1983

Section 53.

SCHEDULE 2 U.K. Provisions Which May be Contained in Regulations as to Registration Etc.

1 (1) Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly situated in a district[F1 , Welsh county or county borough] or London borough. U.K.

(2) Provisions authorising [F2 or requiring] a registration officer to require persons to give information required for the purpose of his registration duties [F3 or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered.]

[F4 (2A) Provision made under sub-paragraph (2) authorising or requiring a registration officer F5 ... to—

(a) require a person who has made an application under section 10ZC [F6 , 10ZD, 13BD, 13BE or 13C] to provide evidence that he or she is the person named in the application, or

(b) require a person who has made an application under section 10ZC or 10ZD, or any person who has an entry in a register, to provide evidence for the purpose of enabling the officer to determine whether a person is entitled to be registered in a register maintained by the officer,

must specify the kind of evidence that a person may be required to provide (for examples, see [F7 paragraphs 3ZA(5) and 3A(6)]).

(2B) Provision of the kind mentioned in sub-paragraph (2A) may authorise or require the registration officer to require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description).]

[F8 (3) Provisions authorising a registration officer, where—

(a) he has [F9 by virtue of regulations under sub-paragraph (2) required] any person registered in one of his registers to give him information, or to make any declaration, for the purpose of enabling him to determine whether the person is entitled to be so registered [F10 or to determine whether the person is the person who made the application under section 10ZC or 10ZD], and

(b) the person has not within the prescribed period complied with that requirement in a manner which the officer considers satisfactory (or at all),

to remove the person’s [F11 entry] from the register.

(4) Provisions authorising a registration officer to inspect, for the purpose of his registration duties, records kept (in whatever form) by—

(a) any local or public authority of any prescribed description, or

(b) any person providing services to, or authorised to exercise any function of, any such authority,

and to make copies of information contained in such records.

F12 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Provisions made under sub-paragraph (4) F13 ... above shall have effect despite any statutory or other restriction on the disclosure of information.]

[F14 (5A) References in this paragraph to a registration officer’s registration duties include references to—

(a) in the case of a registration officer in Great Britain, the officer’s functions—

(i) under sections 13BD and 13BE, and

(ii) in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales;

(b) in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions—

(i) under section 13C, and

(ii) in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.]

F15 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Sch. 2 para. 1(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(18) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F2 Words in Sch. 2 para. 1(2) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 20(2)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F3 Words in Sch. 2 para. 1(2) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(1)(2); S.I. 2001/116, art. 2(1)(2)(with 2(4))

F4 Sch. 2 para. 1(2A)(2B) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 2(2), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(b); S.I. 2014/2439, art. 2(b)

F5 Words in Sch. 2 para. 1(2A) omitted (27.8.2022) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 3(2)(a); S.I. 2022/916, art. 2(e)

F6 Words in Sch. 2 para. 1(2A)(a) substituted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 3(2)(b); S.I. 2022/916, art. 2(e)

F7 Words in Sch. 2 para. 1(2A) substituted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 3(2)(c); S.I. 2022/916, art. 2(e)

F8 Sch. 2 para. 1(3)-(5) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(1)(3); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F9 Words in Sch. 2 para. 1(3)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 20(2)(b)(i) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F10 Words in Sch. 2 para. 1(3)(a) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 20(2)(b)(ii) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F11 Word in Sch. 2 para. 1(3) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(2); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F12 Sch. 2 para. 1(4A)(4B) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(a)(i), 28(1)(e)

F13 Words in Sch. 2 para. 1(5) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(a)(ii), 28(1)(e)

F14 Sch. 2 para. 1(5A) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 3(3); S.I. 2022/916, art. 2(e)

F15 Sch. 2 para. 1(6)-(8) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(a)(iii), 28(1)(e)

Modifications etc. (not altering text)

C1 Sch. 2 para. 1(2)-(5) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended 29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F16 1A (1) Provision authorising or requiring a person to disclose information to another person for the purpose of assisting a registration officer F17 ...— U.K.

(a) to verify information relating to a person [F18 within sub-paragraph (1A),]

(b) to ascertain the names and addresses of people who are not registered but who are entitled to be registered, or

(c) to identify those people who are registered but who are not entitled to be registered.

[F19 (1A) The following persons are within this sub-paragraph—

(a) a person who is registered in a register maintained by the registration officer;

(b) a person who is named in—

(i) an application for registration in, or alteration of, a register,

(ii) an application (including a partially completed application) under section 13BD, 13BE or 13C, or

(iii) a relevant absent voting application.

(1B) In sub-paragraph (1A)(b)(i), the reference to an application for registration in, or alteration of, a register includes a reference to a partially completed application submitted through the UK digital service.]

(2) Provision made under sub-paragraph (1) may authorise or require the person to whom the information is disclosed—

(a) to compare it with other information;

(b) to disclose the results of the comparison to a registration officer for the purpose mentioned in that sub-paragraph.

(3) The provision that may be made under sub-paragraph (1) or (2) includes provision—

(a) conferring other functions on a person;

(b) authorising the Secretary of State to make grants to a person on whom functions are conferred;

(c) authorising a person to disclose or otherwise process information only in accordance with an agreement;

(d) authorising or requiring a person to disclose or otherwise process information only in accordance with requirements imposed by the Secretary of State;

(e) regulating the manner in which information is disclosed;

(f) requiring the retention or disposal, or otherwise regulating the processing, of information disclosed.

(4) Provision made under this paragraph has effect despite any statutory or other restriction on the disclosure of information.

(5) In this paragraph “processing” has the same meaning as in [F20 Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act)].]

[F21 (6) In sub-paragraph (1), the reference to disclosing information includes, in relation to verifying information relating to a person who is named in a relevant registration application or a relevant absent voting application, references to disclosing evidence provided by a person in connection with the application.

(7) In this paragraph—

(a) “relevant absent voting application” means—

(i) an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than an application in relation to a local government election, or local government elections, in Scotland or Wales, or

(ii) an application (including a partially completed application) under section 6, 7 or 8 of the Representation of the People Act 1985;

(b) “relevant registration application” means an application (including a partially completed application) for registration in, or alteration of—

(i) a register of parliamentary electors, or

(ii) a register of local government electors in England,

and includes a form (or partially completed form) in connection with a canvass under section 10;

(c) “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in sub-paragraph (1B) to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.

(8) A notice, including a partially completed notice, under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.]

Textual Amendments

F16 Sch. 2 para. 1A inserted (5.2.2013) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 2 para. 2 (with Sch. 5); S.I. 2013/219, art. 2(c)(d)

F17 Words in Sch. 2 para. 1A(1) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(b), 28(1)(e)

F18 Words in Sch. 2 para. 1A(1)(a) substituted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 4(2); S.I. 2022/916, art. 2(e)

F19 Sch. 2 para. 1A(1A)(1B) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 4(3); S.I. 2022/916, art. 2(e)

F20 Words in Sch. 2 para. 1A(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 18(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F21 Sch. 2 para. 1A(6)-(8) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 4(4); S.I. 2022/916, art. 2(e)

Modifications etc. (not altering text)

C2 Sch. 2 para. 1A: function exercisable by the Scottish Ministers concurrently with a Minister of the Crown (20.3.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 (S.I. 2015/692), arts. 2, 5(3)(b) (with art. 6)

[F22 1B (1) Provision as to the information that a registration officer may or must require persons to give by virtue of regulations under paragraph 1(2), or must provide to persons, when conducting a canvass in Great Britain (whether as part of a canvass form [F23 or communication] or otherwise). U.K.

(2) Provision authorising or requiring a registration officer in Great Britain to complete canvass forms in part for people.

(3) Provision as to the form and contents of declarations to be made by those responding to a canvass in Great Britain.]

Textual Amendments

F22 Sch. 2 para. 1B inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 20(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F23 Words in Sch. 2 para. 1B(1) inserted (31.12.2019) by The Representation of the People (Annual Canvass) (Amendment) Regulations 2019 (S.I. 2019/1451), regs. 1(3), 5(2)

2 U.K. Provisions imposing on registration officers the duty of requiring persons to give information required for the purpose of the officer’s duty under section 3(1) of the M1 Juries Act 1974.

Marginal Citations

M1 1974 c. 23.

[F24 2A U.K. Provisions requiring registration officers to remind persons registered in pursuance of [F25 declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered.]]

Textual Amendments

F24 Sch. 2 para. 2A inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 5

F25 Words in Sch. 2 para. 2A substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(4); S.I. 2001/116, art. 2(1), (2) (with art. 2(3)-(5)))

[F26 2B E+W+S Provisions requiring registration officers to remind persons with anonymous entries in registers of the need to make a fresh application and declaration in order for them to remain so registered.]

Textual Amendments

F26 Sch. 2 para. 2B inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(3); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

3 U.K. Provisions laying down a timetable for the preparation of the register and other matters, and providing that notices and other documents received by the registration officer out of time may be or shall be disregarded either altogether or for the purposes of a particular register or election.

Modifications etc. (not altering text)

C3 Sch. 2 para. 3 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c 3), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F27 3ZA (1) Provision about applications under section 10ZC [F28 , 10ZD, 13BD or 13BE], including in particular provision about— U.K.

(a) the form and contents of applications and of any declarations to be made in connection with them;

(b) the manner in which applications [F29 and any such declarations] are to be made.

(2) Provision made under sub-paragraph (1) may include provision—

(a) conferring functions on registration officers, or local or public authorities, to enable applications to be made in a particular manner;

(b) conferring other functions on registration officers;

(c) conferring functions on the Electoral Commission.

[F30 (2A) Provision made under sub-paragraph (1) in relation to applications within sub-paragraph (2B) may include provision—

(a) conferring functions on the Secretary of State to enable applications to be made in a particular manner;

(b) authorising the Secretary of State, in prescribed circumstances, to complete applications in part for people.

(2B) The following applications are within this sub-paragraph—

(a) an application for registration in, or alteration of—

(i) a register of parliamentary electors,

(ii) a register of local government electors in England, or

(iii) a register of local government electors in Scotland or Wales, where the application is submitted through the UK digital service;

(b) an application under section 13BD or 13BE.]

(3) Provision requiring a person making an application under section 10ZC or 10ZD—

(a) to provide evidence that he or she is the person named in the application;

(b) to provide evidence of entitlement to be registered.

[F31 (3A) Provision requiring a person making an application under section 13BD or 13BE to provide evidence that the person is the person named in the application.]

(4) Provision made under sub-paragraph (3) [F32 or (3A)] must specify the kind of evidence that a person is required to provide.

(5) Examples of the evidence that may be specified include a person's date of birth or national insurance number.

(6) Provision made under sub-paragraph (3) [F33 or (3A)] may require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description).]

[F34 (7) In sub-paragraph (2B)(a)(iii), “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.]

Textual Amendments

F27 Sch. 2 para. 3ZA inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 2(3), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(b); S.I. 2014/2439, art. 2(b)

F28 Words in Sch. 2 para. 3ZA(1) substituted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 5(2)(a); S.I. 2022/916, art. 2(e)

F29 Words in Sch. 2 para. 3ZA(1)(b) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 5(2)(b); S.I. 2022/916, art. 2(e)

F30 Sch. 2 para. 3ZA(2A)(2B) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 5(3); S.I. 2022/916, art. 2(e)

F31 Sch. 2 para. 3ZA(3A) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 5(4); S.I. 2022/916, art. 2(e)

F32 Words in Sch. 2 para. 3ZA(4) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 5(5); S.I. 2022/916, art. 2(e)

F33 Words in Sch. 2 para. 3ZA(6) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 5(6); S.I. 2022/916, art. 2(e)

F34 Sch. 2 para. 3ZA(7) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 5(7); S.I. 2022/916, art. 2(e)

Modifications etc. (not altering text)

C4 Sch. 2 para. 3ZA: function exercisable by the Scottish Ministers concurrently with a Minister of the Crown (20.3.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 (S.I. 2015/692), arts. 2, 5(3)(b) (with art. 6)

[F35 3A (1) Provision about— U.K.

(a) applications for registration in Northern Ireland and applications under section 13C, including in particular provision about—

(i) the form and contents of applications and of any declarations to be made in connection with them;

(ii) the manner in which applications and any such declarations are to be made;

(b) the manner in which forms in connection with a canvass under section 10 are to be submitted.

(2) Provision made under sub-paragraph (1) may include provision—

(a) conferring functions on the Secretary of State or the Chief Electoral Officer for Northern Ireland to enable applications to be made, or forms to be submitted, in a particular manner;

(b) conferring other functions on the Chief Electoral Officer for Northern Ireland;

(c) conferring functions on the Electoral Commission;

(d) authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications or forms in part for people.

(3) Provision requiring a person making an application for registration in Northern Ireland—

(a) to provide evidence that the person is the person named in the application;

(b) to provide evidence of entitlement to be registered.

(4) Provision requiring a person making an application under section 13C to provide evidence that the person is the person named in the application.

(5) Provision made under sub-paragraph (3) or (4) must specify the kind of evidence that a person is required to provide.

(6) Examples of the evidence that may be specified include a person’s date of birth or national insurance number.

(7) Provision made under sub-paragraph (3) or (4) may require a person to provide the evidence to the Chief Electoral Officer for Northern Ireland or to some other prescribed person (or person of a prescribed description).

(8) Provision about how any requirement for an applicant to provide a signature in connection with—

(a) an application for registration in Northern Ireland, or

(b) a form submitted in connection with a canvass under section 10,

may be satisfied.]

Textual Amendments

F35 Sch. 2 para. 3A substituted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 6; S.I. 2022/916, art. 2(e)

Modifications etc. (not altering text)

C5 Sch. 2 para. 3A extended (N.I) (with modifications) by 1989 c. 3, ss. 2, 13(6), Sch. I Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F36 3B E+W+S Provisions as to the form and content of applications for an anonymous entry and declarations to be made in connection with such applications.]

Textual Amendments

F36 Sch. 2 para. 3B inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(4); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

[F37 3C (1) Provision authorising or requiring a registration officer conducting a canvass [F38 for the purposes of a register of local government electors in [F39 Scotland [F40 or] Wales]] to take specified steps for the purpose of obtaining information where no response is received in respect of a particular address. U.K.

[F41 (1A) Provision authorising or requiring a registration officer conducting a canvass for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England [F42 or in Scotland] [F43 or in Wales]—

(a) to take specified steps for the purpose of obtaining any information that a registration officer may or must require persons to give by virtue of regulations under paragraph 1B(1) in respect of a particular address,

(b) to take specified steps for the purpose of obtaining information where no response is received in respect of a particular address.]

(2) Provision authorising or requiring a registration officer in Great Britain to take specified steps to encourage a person to make an application under section 10ZC or 10ZD in response to an invitation to do so made by the officer.

(3) Examples of the steps that a registration officer may be authorised or required to take under sub-paragraph (1)[F44 , (1A)] or (2) include writing to the person or visiting the person's address to speak to the person.]

Textual Amendments

F37 Sch. 2 para. 3C inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 20(5) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F38 Words in Sch. 2 para. 3C(1) substituted (31.12.2019) by The Representation of the People (Annual Canvass) (Amendment) Regulations 2019 (S.I. 2019/1451), regs. 1(3), 5(3)(a)

F39 Words in Sch. 2 para. 3C(1) omitted (S.) (3.3.2020) by virtue of The Representation of the People (Annual Canvass) Amendment (Scotland) Order 2020 (S.S.I. 2020/62), arts. 1(1), 5(a)

F40 Words in Sch. 2 para. 3C(1) omitted (E.W.) (22.1.2020) by virtue of The Representation of the People (Annual Canvass) (Amendment) (Wales) Regulations 2020 (S.I. 2020/50), regs. 2, 6(a)

F41 Sch. 2 para. 3C(1A) inserted (31.12.2019) by The Representation of the People (Annual Canvass) (Amendment) Regulations 2019 (S.I. 2019/1451), regs. 1(3), 5(3)(b)

F42 Words in Sch. 2 para. 3C(1A) inserted (S.) (3.3.2020) by The Representation of the People (Annual Canvass) Amendment (Scotland) Order 2020 (S.S.I. 2020/62), arts. 1(1), 5(b)

F43 Words in Sch. 2 para. 3C(1A) inserted (E.W.) (22.1.2020) by The Representation of the People (Annual Canvass) (Amendment) (Wales) Regulations 2020 (S.I. 2020/50), regs. 2, 6(b)

F44 Words in Sch. 2 para. 3C(3) inserted (31.12.2019) by The Representation of the People (Annual Canvass) (Amendment) Regulations 2019 (S.I. 2019/1451), regs. 1(3), 5(3)(c)

Provisions as to the manner in which service declarations, and applications and notices from service voters, are to be transmitted to the registration officer

[F45 (2) Provisions as to the manner in which overseas electors’ declarations and applications from persons making such declarations, are to be transmitted to the registration officer.]

Textual Amendments

F45 Sch. 2 para. 4(2) inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 4(7)(a)

Modifications etc. (not altering text)

C6 Sch. 2 paras. 4 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

5 (1) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person’s service declaration having ceased to be in force. U.K.

[F46 (1A) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.]

[F47 (1B) Provisions as to the evidence which shall or may be deemed sufficient or conclusive evidence that a person's safety would be at risk as mentioned in section 9B(10) of this Act.]

(2) Provisions as to the evidence of age or nationality which may be required [F48 by the Chief Electoral Officer for Northern Ireland] in connection with a person’s registration otherwise than as a service voter or with his appointment as a proxy.

(3) Provisions requiring any fee payable in connection with the making for the purpose of the regulations of any statutory declaration to be paid by the registration officer.

F49 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Sch. 2 para. 5(1A) inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 4(7)(b)

F47 Sch. 2 para. 5(1B) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(5); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F48 Words in Sch. 2 para. 5(2) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 20(6) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F49 Sch. 2 para. 5(4) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 11, 28, Sch. 2 para. 8, Sch. 5

Modifications etc. (not altering text)

C7 Sch. 2 paras. 3–11A extended (N.I.) (with modifications) by Elected Authorities (29.1.2001 for certain purposes and otherwise Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F50 5ZA (1) Provision about the manner in which relevant absent voting applications are to be made. U.K.

(2) Provision made under sub-paragraph (1) may include provision—

(a) conferring functions on the Secretary of State, registration officers, or local or public authorities in Great Britain, to enable applications to be made in a particular manner;

(b) conferring other functions on registration officers;

(c) conferring functions on the Electoral Commission;

(d) authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications in part for people.

(3) Provision imposing requirements to be met in relation to a relevant absent voting application.

(4) Provision about how any requirement for an applicant to provide a signature in connection with a relevant absent voting application may be satisfied.

(5) In this paragraph “relevant absent voting application” has the same meaning as in paragraph 1A.

(6) A notice under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.]

Textual Amendments

F50 Sch. 2 para. 5ZA inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 7; S.I. 2022/916, art. 2(e)

[F51 5A (1) Provision requiring applications under [F52 paragraph 3 or 4 of Schedule 4 to the Representation of the People Act 2000 or]section 6 or 7 of the Representation of the People Act 1985 to be attested and limiting the number of such applications that a person may attest. U.K.

(2) Provision requiring a person applying under [F52 paragraph 4 of Schedule 4 to the Representation of the People Act 2000 or]section 7 of the Representation of the People Act 1985 to do so in person, producing a document of a prescribed description.

(3) Provision as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, in connection with a person’s application to vote by proxy or to vote by post as elector or as proxy.

(4) Provision authorising or requiring registration officers—

(a) to make inquiries of persons included in the record kept under [F52 paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 or]section 6(3) of the Representation of the People Act 1985 for the purpose of determining whether there has been a material change of circumstances; and

(b) to treat failure to respond to such inquiries as sufficient evidence of such a change.]

Textual Amendments

F51 Sch. 2 para. 5A inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 8

F52 Words in Sch. 2 para. 5A(1)(2)(4) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 11(2); S.I. 2001/116, art. 2(1)(2) (with ss. 2(4))

Modifications etc. (not altering text)

C8 Sch. 2 para. 5A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

C9 Sch. 2 para. 5A applied (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), ss. 10, Sch. 1 para. 28

[F53 5B (1) Provision as to the steps that a registration officer in Great Britain must take, before appointing a person as proxy to vote for another, to ensure that the appointment complies with paragraph 6(3) or (3A) of Schedule 4 to the Representation of the People Act 2000. U.K.

(2) Provision under sub-paragraph (1) may require another registration officer (including the Chief Electoral Officer for Northern Ireland) to provide information about whether the person has or will have an entry in a register maintained by that officer.]

Textual Amendments

F53 Sch. 2 para. 5B inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 20(7) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

6 U.K. Provisions as to the cases in which [F54 an application] or objection may be determined by the registration officer without a hearing, and as to a person’s right in any such cases to make written representations to him.

Textual Amendments

F54 Words in Sch. 2 para. 6 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 15, Sch. 1 para. 24(6); S.I. 2001/116, art. 2(1)(2) (with s. 2(4))

Modifications etc. (not altering text)

C10 Sch. 2 para. 6 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

7 U.K. Provisions authorising a registration officer to require any person’s evidence at a hearing before him to be given on oath and to administer oaths for the purpose.

Modifications etc. (not altering text)

C11 Sch. 2 paras. 7 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001 for certain purposes and otherwise 14.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

[F55 8 U.K. Provisions requiring the registration officer to prepare a special list of those persons entitled to be registered whose addresses are not required to be shown [F56 in the register] or of any class of such persons, showing the addresses of the person concerned.]

Textual Amendments

F55 Sch. 2 para. 8 substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 87(a)

F56 Words in Sch. 2 para. 6 substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 1 para. 24(7); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C12 Sch. 2 paras. 8 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(3)(4)))

[F57 8A E+W+S Provisions requiring the registration officer to prepare a record of those persons with anonymous entries in the register showing, in relation to each such person, such information as is prescribed.]

Textual Amendments

F57 Sch. 2 para. 8A inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(6); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

[F58 8B (1) Provision authorising or requiring a registration officer in determining an application under section 10ZC [F59 , 10ZD, 13BD, 13BE or 13C], in prescribed cases, to treat a prescribed person's statement of a fact as sufficient evidence of that fact. U.K.

(2) In sub-paragraph (1) “prescribed” includes of a prescribed description.]

Textual Amendments

F58 Sch. 2 para. 8B inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 2(4), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(b); S.I. 2014/2439, art. 2(b)

F59 Words in Sch. 2 para. 8B(1) substituted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 8; S.I. 2022/916, art. 2(e)

[F60 8BA (1) Provision requiring a registration officer in Great Britain to keep records of— U.K.

(a) applications made to the officer under sections 13BD and 13BE;

(b) documents issued by the officer under those sections.

(2) Provision requiring the Chief Electoral Officer for Northern Ireland to keep records of—

(a) applications made to the Chief Electoral Officer under section 13C;

(b) electoral identity cards issued under that section.

(3) Provision made under sub-paragraph (1) or (2) may include provision about information to be shown in a record.

(4) Provision authorising or requiring a relevant registration officer—

(a) to supply a copy of a record kept by the officer by virtue of provision made under sub-paragraph (1) or (2), or

(b) to disclose information contained in such a record,

to such persons and for such purposes as may be prescribed.

(5) In sub-paragraph (4), “relevant registration officer” means—

(a) in relation to a record referred to in sub-paragraph (1), a registration officer in Great Britain;

(b) in relation to a record referred to in sub-paragraph (2), the Chief Electoral Officer for Northern Ireland.]

Textual Amendments

F60 Sch. 2 para. 8BA inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 9; S.I. 2022/916, art. 2(e)

[F61 8C (1) Provision requiring the retention or disposal, or otherwise regulating the processing, of— U.K.

(a) information provided in an application under section 10ZC[F62 , 10ZD] [F63 , 10A, 13BD, 13BE or 13C];

(b) information provided to a person in accordance with a requirement imposed by a registration officer F64 ... under provision made by virtue of paragraph 1(2);

(c) information provided to a person by virtue of provision made under paragraph 3ZA [F65 , 3A or 8BA].

(2) In this paragraph “processing” has the same meaning as in [F66 Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act)].]

Textual Amendments

F61 Sch. 2 para. 8C inserted (5.2.2013) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 2 para. 3 (with Sch. 5); S.I. 2013/219, art. 2(c)(d)

F62 Words in Sch. 2 para. 8C(1)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(c)(i), 28(1)(e)(2)

F63 Words in Sch. 2 para. 8C(1)(a) substituted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 10(a); S.I. 2022/916, art. 2(e)

F64 Words in Sch. 2 para. 8C(1)(b) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(c)(ii), 28(1)(e)

F65 Words in Sch. 2 para. 8C(1)(c) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 10(b); S.I. 2022/916, art. 2(e)

F66 Words in Sch. 2 para. 8C(2) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 18(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Modifications etc. (not altering text)

C13 Sch. 2 para. 8C: function exercisable by the Scottish Ministers concurrently with a Minister of the Crown (20.3.2015) by The Scotland Act 1998 (Modification of Schedules 4 and 5 and Transfer of Functions to the Scottish Ministers etc.) Order 2015 (S.I. 2015/692), arts. 2, 5(3)(b) (with art. 6)

F67 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 2 para. 9 repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 87(b), Sch. 5

[F68 10 (1) Provisions requiring a registration officer to prepare, in addition to the version of the register which he is required to prepare by virtue of the other provisions of this Act (“the full register”), a version of the register which omits the names and addresses of registered electors by or on behalf of whom requests have been made to have their names and addresses excluded from that version of it (“the edited register”). U.K.

[F69 (1A) The edited version shall also omit anonymous entries.]

(2) Provisions specifying a form of words to be used by a registration officer for the purpose of—

(a) explaining to persons registered or applying to be registered, or persons acting on behalf of such persons, the purposes for which the full register and the edited register may each be used, and

(b) ascertaining whether the exclusion of their names and addresses from the edited register is requested by or on behalf of such persons.]

Textual Amendments

F68 Sch. 2 paras. 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

F69 Sch. 2 para. 10(1A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(7); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

Modifications etc. (not altering text)

C14 Sch. 2 para. 10 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

[F70 10A U.K. Provisions requiring copies of the full register and other documents, or prescribed parts of them, to be available for inspection by the public at such places as may be prescribed.]

Textual Amendments

F70 Sch. 2 paras. 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C15 Sch. 2 para. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42) (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(3)-(5)))

[F71 10B (1) Provisions authorising or requiring a registration officer— U.K.

(a) to supply to such persons as may be prescribed copies of the full register and other documents, or prescribed parts of them, whether free of charge or on payment of a prescribed fee;

(b) to supply to any persons copies of the edited register, or any prescribed part of it, on payment of a prescribed fee.

(2) Provisions specifying, in relation to any description of persons prescribed by regulations made in pursuance of sub-paragraph (1)(a) above, the purposes for which copies supplied to such persons under such regulations, or information contained in them, may be used whether by such persons or by employees or other persons authorised by them in accordance with regulations to have access to such copies or information contained in them.

(3) Without prejudice to the generality of sub-paragraph (1) above or paragraph 11A below, regulations made in pursuance of sub-paragraph (1) may contain any such provisions as are authorised by paragraph 11A.]

Textual Amendments

F71 Sch. 2 paras 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C16 Sch. 2 para. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42) (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(3)(4)))

[F72 11 (1) Provisions imposing prohibitions or restrictions relating to the extent (if any) to which— U.K.

(a) persons inspecting the full register in accordance with regulations made in pursuance of paragraph 10A above may make copies of the register;

(b) persons to whom copies of the full register are supplied (whether in accordance with regulations made in pursuance of paragraph 10B above or in accordance with any other provision made by or under an Act) may—

(i) supply those copies, or otherwise disclose any information contained in them, to other persons, or

(ii) make use of any such information otherwise than for any purposes specified in such regulations or (as the case may be) for which the copies have been supplied in accordance with any such provision.

(2) Provisions imposing, in relation to persons—

(a) to whom copies of the full register have been supplied, or information contained in such copies has been disclosed, in accordance with regulations made in pursuance of this paragraph, or

(b) who otherwise have access to such copies or information,

prohibitions or restrictions corresponding to those which may be imposed by virtue of sub-paragraph (1) above.

(3) Provisions imposing, in relation to persons involved in the preparation of the full register, prohibitions with respect to supplying copies of the full register and disclosing information contained in it.

(4) In this paragraph any reference to the full register includes a reference to any part of it.]

Textual Amendments

F72 Sch. 2 paras. 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C17 Sch. 2 para. 11 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (C. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I, (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

[F73 11A (1) Provisions authorising or requiring registration officers [F74 to supply information] in such form as may be prescribed, to such persons as may be prescribed on payment of a prescribed fee. U.K.

F75 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Subordinate Legislation Made

P1 Sch. 2 para. 11A: s. 53 (with s. 201(1), Sch. 1 rule 37(1F) and Sch. 2 para. 11A) power exercised (N.I.) by S.I. 1991/1674.

P2 Sch. 2 para. 11A: for previous exercises of this power, see Index of Government Orders.

Textual Amendments

F73 Sch. 2 para. 11A inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 87(c)

F74 Words in Sch. 2 para. 11A(1) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 18(4)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F75 Sch. 2 para. 11A(1A) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(d), 28(1)(e)

F76 Sch. 2 para. 11A(2) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 18(4)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Modifications etc. (not altering text)

C18 Sch. 2 para. 11A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

12 U.K. Provisions as to [F77 the arrangements to be made in relation to the issue and receipt of, and for subsequently dealing with, ballot papers for postal voting, including provisions—

(a) authorising replacement ballot papers to be issued in any prescribed circumstances;

[F78 (aa) authorising the cancellation or removal of ballot papers in any prescribed circumstances;]

(b) as to the proceedings in connection with the issue and receipt of ballot papers and, in particular—

(i) the persons who are to be entitled, or may be allowed, to attend, and

(ii) the rights and obligations of persons attending;

(c)] as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.

Textual Amendments

F77 Sch. 2 para. 12(a)-(c) and preceding words and subsequent “(c)” substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) for words in Sch. 2 para. 12 by 2000 c. 2, s. 15, Sch. 6 para. 11(3); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F78 Sch. 2 para. 12(aa) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 94 (with Sch. 2 para. 96); S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

[F79 12A S Regulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;]

Textual Amendments

F79 Sch. 2 para. 12A inserted (S.) (17.2.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 34(4), 63; S.S.I. 2007/26, art. 3(1)(h) (with art. 3(2))

13 (1) Provisions [F80 making it an offence (punishable on summary conviction by a fine not exceeding level 3 on the standard scale) for a person—] U.K.

(a) [F81 to have] failed to comply with, or given false information in pursuance of, any such requisition of the registration officer as is mentioned in paragraph 1 or paragrapn 2 above.

(b) [F81 to have], without lawful authority, destroyed, mutilated, defaced or removed any notice published by the registration officer in connection with his registration duties, or any copies of a document which have been made available for inspection in pursuance of those duties.

[F82 (1ZZA) References in sub-paragraph (1)(b) to a registration officer’s registration duties include references to—

(a) in the case of a registration officer in Great Britain, the officer’s functions—

(i) under sections 13BD and 13BE, and

(ii) in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales;

(b) in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions—

(i) under section 13C, and

(ii) in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.]

F83 (1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84 (1ZB) Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made under paragraph 1A(3)(e) or (f) or 8C.

(1ZC) Provision made under sub-paragraph (1ZB) creating an offence may not—

(a) provide for the offence to be punishable on conviction on indictment by imprisonment for a term exceeding two years;

(b) provide for the offence to be punishable on summary conviction by imprisonment for a term exceeding the relevant maximum;

(c) provide for the offence to be punishable on summary conviction by a fine exceeding the statutory maximum or level 5 on the standard scale (as appropriate).

(1ZD) In sub-paragraph (1ZC)(b) “the relevant maximum”—

(a) in relation to an offence triable either on indictment or summarily, means—

(i) in England and Wales or Scotland, 12 months, and

(ii) in Northern Ireland, 6 months;

(b) in relation to an offence triable only summarily, means—

(i) in England and Wales, 51 weeks, and

(ii) in Scotland or Northern Ireland, 6 months.]

[F85 (1A) Provisions making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale)—

(a) for a person to contravene any regulations made in pursuance of paragraph 11 above or to do so in any prescribed circumstances, or

(b) where such a contravention has occurred on the part of a person in the employment, or otherwise under the direction or control, of a company or other organisation, for—

(i) a director of the company, or

(ii) a person concerned with the management of the organisation,

to have failed to take such steps as it was reasonable for him to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of such contraventions on the part of such persons.]

(2) Any other provisions incidental or supplemental to those mentioned in the foregoing paragraphs of this Schedule.

Textual Amendments

F80 Words in Sch. 2 para 13 substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 11(4); S.I. 2001/116, art. 2(1)(2), (with art. 2(3)-(5))

F81 Words in Sch. 2 para. 13(1) substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 11(4)(b); S.I. 2000/116, art. 2(1)(2) (with art. 2(3)(4))

F82 Sch. 2 para. 13(1ZZA) inserted (27.8.2022) by Elections Act 2022 (c. 37), s. 67(1), Sch. 2 para. 11; S.I. 2022/916, art. 2(e)

F83 Sch. 2 para. 13(1ZA) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(2)(e), 28(1)(e)

F84 Sch. 2 para. 13(1ZB)-(1ZD) inserted (5.2.2013) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 2 para. 4 (with s. 13(3)(4), Sch. 5); S.I. 2013/219, art. 2(c)(d)

F85 Sch. 2 para. 13(1A) inserted (16.2.2001) by 2000 c. 2, s. 9(3); S.I. 2001/116, art. 2(1)(2) (with art. 2(3)(4))

Modifications etc. (not altering text)

C19 Sch. 2 para. 13 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I, (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))