Representation of the People Act 1983

53 Power to make regulations as to registration etc. U.K.

(1) Provision may be made by regulations—

(a) with respect to the form of the register of electors and of F1 . . . any special lists or records required by this Act in connection with the register or with any election;

[F2 (b) with respect to—

(i) the procedure to be followed in the preparation of the register and the place and manner of its publication, and

(ii) the procedure to be followed in the preparation of any such special lists or records, and the time, place and manner of their publication; and]

(c) generally with respect to any matters incidental to the provisions of this Act so far as those provisions relate to the registration of electors or to voting by post or proxy.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Without prejudice to the generality of [F4 subsection (1)] above, regulations made with respect to the matters mentioned in [F4 that subsection] may contain any such provisions as are mentioned in Schedule 2 to this Act.

[F5 (4) Provision may also be made by regulations—

(a) for the supply of any such record or special list as is mentioned in subsection (1) above to such persons as are prescribed;

(b) with respect to any conditions subject to which the supply is made;

(c) making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale) for a person to fail to comply with any such condition.]

[F6 (5) Before making regulations containing provision under paragraph 1A of Schedule 2, or paragraph 13(1ZB) of that Schedule so far as relating to that paragraph, the Secretary of State must consult—

(a) the Electoral Commission,

(b) the Information Commissioner, and

(c) any other person the Secretary of State thinks appropriate.

(6) The Secretary of State may require the Electoral Commission to—

(a) prepare a report on specified matters relating to the operation of any provision made under paragraph 1A of Schedule 2, and

(b) give the Secretary of State a copy of the report by no later than a specified date.

(7) The Secretary of State must publish a copy of the report.

(8) A registration officer F7 ... must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under subsection (6).]

[F8 (9) The power to make regulations under [F9 this section—

(a) so far as] it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister[F10 , and

(b) so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister].

(10) The power of the Scottish Ministers to make regulations by virtue of subsection (9) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

(a) the power is not exercisable without the agreement of a Minister of the Crown, and

(b) regulations made in exercise of the power are subject to the negative procedure.

[F11 (10A) The power of the Welsh Ministers to make regulations by virtue of subsection (9) is not exercisable without the agreement of a Minister of the Crown.

(10B) A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (9) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(11) In subsection (9)—

• “election in Scotland” means—

  (a)

  an election for membership of the Scottish Parliament, or

  (b)

  a local government election in Scotland;

• [F12 “election in Wales” means—

  (a)

  an election of Assembly members, or

  (b)

  a local government election in Wales;]

• “UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors.]

Textual Amendments

F1 Words in s. 53(1)(a) repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), Sch. 1 para. 13(a), 15(1), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2 S. 53(1)(b) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 13(b); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F3 S. 53(2) repealed by Representation of the People Act 1985 (c. 50), s. 28, Sch. 5

F4 Words substituted by Representation of the People Act 1985 (c. 50), s. 24, Sch. 4 para. 13(b)

F5 S. 53(4) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 109; S.I. 2006/3412, art. 3, Sch. 1 para. 14(aa)(bb)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F6 S. 53(5)-(8) inserted (5.2.2013) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 2 para. 5 (with Sch. 5); S.I. 2013/219, art. 2(c)(d)

F7 Words in s. 53(8) omitted (13.3.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 20(1), 28(1)(e)

F8 S. 53(9)-(11) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 6(4), 72(4)(a); S.I. 2017/608, reg. 2(1)(d)

F9 Words in s. 53(9) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(10)(a), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(b)

F10 S. 53(9)(b) and preceding word inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(10)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F11 S. 53(10A)(10B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(11), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(b)

F12 Words in s. 53(11) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(12), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C1 S. 53 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(3)-(5)))

C2 S. 53(1)(3) 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)(a) (with art. 6)

C3 S. 53(1)(c) amended (N.I.) (16.2.1987) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 para. 25; S.I. 1986/1080