The Representation of the People (England and Wales) Regulations 2001

[F1 Overseas electors: reminders and renewal declarations E+W

Textual Amendments

F1 Regs. 22A-22D and cross-heading inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 4(6) (with Sch. 2 para. 3(1)(2))

Reminders to electors registered pursuant to an overseas elector’s declaration E+W

22A.— (1) Subject to paragraph (3), the registration officer must, during the relevant period, send to an elector registered pursuant to an overseas elector’s declaration—

(a) a reminder, and

(b) within a reasonable time after sending that reminder, a second reminder.

(2) In paragraph (1)—

(a) the “relevant period” means the period—

(i) beginningwith the 1st July immediately before the 1st November on which the person’s registration will end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act, and

(ii) endingwith that 1st November;

(b) a “reminder” is a reminder of the need to make a renewal declaration if the elector wishes to remain registered pursuant to an overseas elector’s declaration.

(3) Paragraph (1)(a) and (b) does not apply in respect of an elector registered pursuant to an overseas elector’s declaration where—

(a) the registration officer has received a renewal declaration from that elector, or

(b) information which the registration officer has received indicates that that elector is no longer entitled to make a renewal declaration.

Renewal declarations E+W

22B.— (1) A renewal declaration must be in writing and must include the declarant’s present address.

(2) The Electoral Commission must—

(a) design a paper renewal declaration form which—

(i) requires the information required by paragraph (1) and by section 1E(1) and (2) of the 1985 Act,

(ii) includes a statement that it is an offence to provide false information to the registration officer, together with a statement of the maximum penalty for that offence, and

(iii) includes space for the email address and telephone number of the declarant and an explanation that provision of this information is not mandatory,

(b) seek the approval of the Secretary of State to the design of that form, and

(c) having obtained that approval, make the form available to registration officers.

(3) A registration officer may authorise the declarant to provide the information required by paragraph (1) and by section 1E(1) and (2) of the 1985 Act to the registration officer by telephone or in person and, where the registration officer does so, the registration officer must transfer the information provided by the declarant into a renewal declaration in writing.

(4) Where, by virtue of arrangements made by the Secretary of State, a renewal declaration may be made through the digital service, the Secretary of State must—

(a) request the declarant’s email address and telephone number and provide an explanation of the purpose for which this information will be used and that provision of this information is not mandatory, and

(b) send to the registration officer any declaration the Secretary of State receives, together with—

(i) the declarant’s email address and telephone number (if provided), and

(ii) a reference number unique to that declaration.

Transmission of renewal declaration E+W

22C.   A renewal declaration must be transmitted to the registration officer who maintains the register of parliamentary electors in which the declarant is registered pursuant to an overseas elector’s declaration by—

(a) the Secretary of State, where regulation 22B(4)(b) applies;

(b) otherwise, by the declarant.

Notification about continued registration as overseas elector following renewal declaration E+W

22D.— (1) Where the registration officer is satisfied that the declarant of a renewal declaration is entitled to remain registered in pursuance of an overseas elector’s declaration in accordance with section 1D(2)(b) of the 1985 Act, the registration officer must notify the declarant of that fact.

(2) Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being satisfied that the declarant is entitled to remain registered in pursuance of an overseas elector’s declaration.]