Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Registration of parliamentary and local government electorsU.K.

F113B Alteration of registers: pending elections.E+W+S

[F2(1)If, by virtue of section 13A(2) above [F3or section 13BC(3) or (6) below], an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.]

[F4(2)Subsection (3) below applies where—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of [F5paragraphs (za), (zb), (b), (c) and (d)] of that subsection;

(b)in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and

(c)no alteration made in consequence of the determination, requirement or decision—

(i)has already taken effect, or

(ii)is due to take effect,

under subsection (2) of that section[F6, or under section 13AB(3) or section 13BC(3) or (6),] on or before the fifth day before the date of the poll.]

(3)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him on the appropriate publication date; and

(b)the alteration shall take effect as from the beginning of that day.

[F7(3ZA)In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.

(3ZB)Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]

[F8(3A)Subsection (3B) below applies where—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and

(b)in consequence of the notification—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register requires to be altered.

(3B)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him when he receives the notification; and

(b)the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3C)Subsection (3D) below applies where—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;

(b)the determination was made following a representation made by or on behalf of a person to the registration officer; and

(c)in consequence of the determination—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register requires to be altered.

(3D)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him when he makes the determination; and

(b)the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3E)In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.]

(4)This section applies to the following elections—

(a)parliamentary elections [F9in England, Wales or Scotland],

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)elections to the Scottish Parliament,

(d)elections to the National Assembly for Wales, F11...

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)local government elections in England, Wales or Scotland [F13and

(g)elections of police and crime commissioners in England and Wales].

(5)In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    (a)

    the area for which the registration officer acts, or

    (b)

    if the election is held in only part of that area, the part of that area in question.

(6)Section 119 below shall apply for the purposes of this section as if—

(a)it were contained in Part II of this Act; and

(b)each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2S. 13B(1) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F4S. 13B(2) substituted (E.W.S) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F5Words in s. 13B(2)(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. 13 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F6Words in s. 13B(2)(c) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 5(3); S.I. 2016/290, reg. 2

F8S. 13B(3A)-(3E) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

C10Ss. 13-13B 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(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C11S. 13B applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13B applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13B applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 13B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 13B applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 13B applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C12S. 13B applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C17S. 13B applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C18S. 13B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C19S. 13B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(2) (as substituted (9.6.2016) by S.I. 2016/636, regs. 1, 3(3))

C20S. 13B(2)-(6) applied (with modifications) (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), s. 36, sch. 2 para. 17(3)

C21S. 13B(2)-(6) applied (with modifications) (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, Sch. 1 para. 17(3)

F113B Alteration of registers: pending elections.N.I.

(1)An alteration in a published version of a register of electors which takes effect under section 13A(2) above after the final nomination day in the case of an election to which this section applies shall not have effect for the purposes of that election unless the alteration—

(a)is made in consequence of a decision or determination falling within section 13A(1)(c) or (d) above; and

(b)takes effect on or before the fifth day before the date of the poll.

(2)Subsection (3) below applies where—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a decision or determination—

(i)falling within subsection (1)(c) or (d) of that section, and

(ii)in consequence of which a person’s name falls to be entered in (or removed from) the register in respect of an address in the relevant election area; and

(b)no alteration made in consequence of that decision or determination—

(i)has already taken effect, or

(ii)is due to take effect,

under subsection (2) of that section on or before the fifth day before the date of the poll.

(3)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him on the appropriate publication date; and

(b)the alteration shall take effect as from the beginning of that day.

(4)This section applies to the following elections—

(a)parliamentary elections [F9in England, Wales or Scotland],

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)elections to the Scottish Parliament,

(d)elections to the National Assembly for Wales, F11...

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)local government elections in England, Wales or Scotland [F13and

(g)elections of police and crime commissioners in England and Wales].

(5)In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    (a)

    the area for which the registration officer acts, or

    (b)

    if the election is held in only part of that area, the part of that area in question.

(6)Section 119 below shall apply for the purposes of this section as if—

(a)it were contained in Part II of this Act; and

(b)each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F1Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C10Ss. 13-13B 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(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C11S. 13B applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13B applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13B applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 13B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 13B applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 13B applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C17S. 13B applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C18S. 13B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C19S. 13B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(2) (as substituted (9.6.2016) by S.I. 2016/636, regs. 1, 3(3))