SCHEDULE 1ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION

Supply of data

4.

(1)

This paragraph applies only to a registration officer who is a data controller.

(2)

In this paragraph—

  • “data to which this paragraph applies” means data consisting of the names of those persons included in the register, together with any data (other than data to which sub-paragraph (3) applies), consisting of information relating to them including—

    1. (a)

      their electoral numbers,

    2. (b)

      except where the address is excluded from the register under regulation 49(2) of the 1986 Regulations, their addresses, and

    3. (c)

      any distinguishing letter, and

  • “processed” is to be interpreted in accordance with the definition of “processing” in section 1(1) of the Data Protection Act 199829.

(3)

The registration officer shall not supply data under this paragraph which consists of information (including addresses) which is not required to be published in the register in accordance with those provisions of the 1983 Act or the 1986 Regulations which relate to the registration of electors (but this restriction shall not apply to the supply of data to a returning officer for an Assembly constituency or electoral region).

(4)

Any obligation on the registration officer to supply data under this paragraph imposes only an obligation to supply such data recorded in the form in which it is processed.

(5)

An application under this paragraph may request the registration officer to supply data to which this paragraph applies in respect of part only of the area for which the registration officer is authorised by this paragraph to supply such data; and, if the registration officer supplies or is required to supply data under this paragraph, he shall comply with such a request where it is practicable to do so.

(6)

The registration officer shall, on payment of a fee determined in accordance with sub-paragraph (9), supply to a person, who is entitled to a free copy (or copies) of the whole or part of the register under paragraph 2(1) or (7), so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

(7)

The registration officer shall—

(a)

on payment of a fee determined in accordance with sub-paragraph (9), and

(b)

if he is not the returning officer for the Assembly constituency in respect of which the application is made, after consultation with that officer, supply to a person, who is entitled to free copies of the whole or part of the register under paragraph 2(2) or (3) and (4), so much of the data to which this paragraph applies as relates to the part or parts of the register to which such a person is so entitled.

(8)

But—

(a)

where the entitlement arises by virtue of paragraph 2(2)(i) or (4)(a)(i), not more than one person in respect of the same prospective candidature shall be so supplied, or

(b)

where the entitlement arises by virtue of paragraph 2(4)(a)(ii), not more than one person in respect of the same prospective candidature as a party list candidate shall be so supplied and, following such supply, the right may not be exercised again with respect to any other prospective candidate for that party list.

(9)

The fee for a person supplied with data under sub-paragraph (6) or (7) shall be at the rate of £1.80 for each thousand (or remaining part of one thousand) names in the data supplied or £30, whichever is the greater (or such other rates as may be set out in regulation 55(8) of the 1986 Regulations.).

(10)

The registration officer may, on payment of a fee at the rate of £18 for each thousand (or remaining part of one thousand) names in the data supplied (or such other rate as may be set out in regulation 55(9) of the 1986 Regulations), supply data to which this paragraph applies to a person other than a person to whom sub-paragraphs (6) and (7) apply.