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

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[F1PART VIE+WSUPPLY OF REGISTER ETC

Textual Amendments

Interpretation and edited registerE+W

Interpretation and application of Part VI etcE+W

92.—(1) In this Part “register” includes—

(a)any part of the register referred to, and

(b)(except in regulation 93 and in the context of the supply by the registration officer of the register and notices altering the register), any notice altering the register which is published under section 13A(2) or 13B(3) [F2, (3B) or (3D)] of the 1983 Act.

(2) In this Part—

(a)“enactment” has the same meaning as in section 17(2) of the 2000 Act, F3...

(b)“processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to his employees.

[F4(c)“relevant conditions” has the same meaning as in section 33(1) of the Data Protection Act 1998, and

(d)“research purposes” shall be construed in accordance with section 33(1) of the Data Protection Act 1998.]

(3) In this Part, any reference to an employee of any person who has access to a copy of the full register shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.

(4) Where any person has been supplied with a copy of a register of electors pursuant to the Representation of the People (Scotland) Regulations 2001, or the Representation of the People (Northern Ireland Regulations 2001, that person shall be under the same duties and obligations and subject to the same penalties in relation to the copy supplied as he would have been under had that copy been supplied to him pursuant to these Regulations (and, accordingly, where that copy is a copy of a full register he shall be under the same duties, obligations and penalties that he would have been under had he been supplied with a copy of a full register pursuant to these Regulations).

(5) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act, any duty on a registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.

(6) The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.

(7) Any person who has obtained [F5or is entitled to obtain] a copy of the full register under regulations [F697(5), 97A(7),] 98, 100, 101, 103, 105, 106, 109, [F7109A(9),] 113 or 114 may—

(a)supply a copy of the full register to a processor for the purpose of processing the information contained in the register,

(b)procure that a processor processes and provides to them any copy of the register which the processor has obtained under these Regulations,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

F8(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or an employee of that person or a person who is entitled to obtain a copy of the full register under these Regulations or any employee of such a person.

(10) The restrictions contained in regulations 94(3), 95(2), [F997(6), 97A(8),] 98(9), 100(3), 101(6), 103(3), 104(3), 105(4), 106(3), [F10107(3)], 107(8), 108(5) [F11, 109(3) and 109A(10)] below apply to a person to whom the full register, or any information contained in it (that is not contained in the edited register) has been supplied or disclosed under those paragraphs as they apply to the person to whom those regulations apply.

Textual Amendments

Modifications etc. (not altering text)

Edited version of registerE+W

93.—(1) At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act, (“the full register”), he shall also publish a version of the register under this regulation (“the edited register”).

(2) The edited register shall omit the name and address of any elector whose details are included in the full register, if a request has been duly made in the form referred to in section 10(4) of the 1983 Act or in accordance with regulation 26 above by or on behalf of that elector for his name and address to be excluded from the edited register.

[F12(2A) The edited register shall omit all anonymous entries in the register, and any information relating to them.]

(3) In other respects the edited register shall be identical to the full register (and, accordingly, shall include any mark or date which is required to be recorded against the name of any elector).

(4) Notwithstanding the omission of names and addresses in accordance with paragraph (2), regulation 41 above shall apply to the edited register as it applies to the full register.

(5) Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.

(6) The manner in which each revised version of the edited register is to be published under this regulation is—

(a)by the registration officer making a copy of it available for inspection at his office; and

(b)by such other means (if any) as he thinks appropriate.

(7) Each revised version of the edited register shall be kept published until the coming into force of the next revised version of it.

Textual Amendments

Modifications etc. (not altering text)

General restrictionsE+W

Restrictions on supply of full register and disclosure of information from it by the registration officer and his staffE+W

94.—(1) This regulation applies to—

(a)the registration officer;

(b)any deputy registration officer; and

(c)any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his registration duties.

(2) Where the registration officer is also the returning officer or acting returning officer at any election or the counting officer at a referendum held by or under an Act of Parliament (and thereby has access to the full register without being supplied with a copy of it), this regulation also applies to—

(a)the registration officer acting in that other capacity;

(b)any deputy returning officer, deputy acting returning officer or deputy counting officer; and

(c)any person appointed to assist any person mentioned in paragraph (a) or (b) or who in the course of his employment is assigned to assist any such officer in his duties in respect of the election or referendum in question.

(3) No person to whom this regulation applies may—

(a)supply to any person a copy of the full register,

(b)disclose information contained in it (and not contained in the edited register), or

(c)make use of any such information,

otherwise than in accordance with an enactment, including these Regulations.

(4) Nothing in paragraph (3) above applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or for the purposes of an election or referendum.

Restrictions on use of the full register supplied under section 3 of the Juries Act 1974 or information contained in itE+W

95.—(1) This regulation applies to—

(a)any officer designated by the Lord Chancellor under section 3(1) of the Juries Act 1974; and

(b)any other person to whom a copy of the full register has been supplied or to whom information contained in it has been disclosed for the purpose of summoning jurors.

(2) No person to whom this regulation applies may—

(a)supply a copy of the full register,

(b)disclose any information contained in it (that is not contained in the edited register), or

(c)make use of such information,

otherwise than for the purpose of summoning jurors.

Restriction on use of the full register, or information contained in it, supplied in accordance with enactments or obtained otherwiseE+W

96.—(1) This regulation applies to—

(a)any person to whom a copy of the full register has been supplied in pursuance of a relevant provision;

(b)any person to whom information contained in the full register has been disclosed in pursuance of a relevant provision;

(c)any person to whom a person referred to in sub-paragraph (a) or (b) has supplied a copy of the full register or information contained in it for the purposes (express or implied) of a relevant provision; and

(d)any person who has obtained access to a copy of the full register or information contained in it by any other means.

(2) No person to whom this regulation applies may—

(a)supply a copy of the full register,

(b)disclose any information contained in it (that is not contained in the edited register), or

(c)make use of any such information,

[F13other than for a permitted purpose construed in accordance with paragraph (2A).]

[F14(2A) The “permitted purpose”—

(a)where the copy was supplied or the information obtained in pursuance of a relevant provision, means the particular purpose for which the copy was supplied or the information disclosed to the person in question pursuant to the relevant provision;

(b)where the copy was not supplied or the information was not disclosed in pursuance of a relevant provision—

(i)in the case of a person to whom the copy of the full register was made available for inspection under supervision in accordance with regulations 43(1)(a), 97(2)(a) and (3), 97A(4)(a) and (b), 99(4)(a) and 109A(6)(a) and (b), does not include direct marketing within the meaning of section 11(3) of the Data Protection Act 1998; and

(ii)in any other case, means any purpose for which the person to whom this regulation applies could have obtained a copy of the register or the information contained in it pursuant to any enactment, including these Regulations.]

(3) In this regulation “relevant provision” means any enactment (except the Juries Act 1974 and these Regulations) under which a copy of the full register is to be supplied or information from that register disclosed for a particular purpose.

Textual Amendments

Supply on publication and specific restrictionsE+W

Supply of free copy of full register to the British Library and restrictions on useE+W

97.—(1) Each registration officer shall supply, free of charge and on publication F15...—

(a)[F16one printed copy and one data copy of] any revised version of the register published under section 13(1) or (3) of the 1983 Act, and

(b)[F17one printed copy of] any list of overseas electors,

to the British Library.

(2) [F18Subject to paragraph (5)] no person employed by the British Library may—

(a)supply a copy of the full register other than to another such person or to a person using the Library to inspect it under supervision;

(b)disclose any information contained in it (that is not contained in the edited register) otherwise than in accordance with paragraph (3); or

(c)make use of any such information.

(3) [F19Subject to paragraph (5)] no information which is contained in the full register (that is not contained in the edited register) may be disclosed otherwise than by allowing a person using the British Library to inspect it under supervision.

[F20(3A) Where a copy of the full register is made available for inspection by providing the register on a computer screen or otherwise in data form, the British Library shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic means.]

(4) A person who inspects the copy of the full register held by the British Library [F21, whether a printed copy or in data form,] may not—

(a)make copies of any part of it, or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

[F22(5) A person employed by the British Library is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where—

(a)more than ten years have expired since that version of the register was first published in accordance with regulation 43; and

(b)the supply or disclosure is for research purposes in compliance with the relevant conditions.

(6) No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (5) may—

(a)supply a copy of it,

(b)disclose any such information, or

(c)make use of any such information,

otherwise than for research purposes in compliance with the relevant conditions.]

Textual Amendments

[F23Supply of free copy of full register to the National Library of Wales and restrictions on useE+W

97A.—(1) Each registration officer in Wales shall supply, free of charge and on publication—

(a)one printed copy and one data copy of any revised version of the register published under section 13(1) or (3) of the 1983 Act, and

(b)one printed copy of any list of overseas electors,

to the National Library of Wales.

(2) Each registration officer in England shall supply, free of charge and on publication—

(a)one copy of any revised version of the register published under section 13(1) or (3) of the 1983 Act, and

(b)one printed copy of any list of overseas electors,

to the National Library of Wales.

(3) In paragraph (2)(a), the duty to supply is a duty to supply a data copy unless, prior to publication, the National Library of Wales has requested in writing a printed copy instead.

(4) Subject to paragraph (7), no person employed by the National Library of Wales may—

(a)supply a copy of the full register other than to another such person or to a person using the Library to inspect it under supervision;

(b)disclose any information contained in it (that is not contained in the edited register) otherwise than by allowing a person using the National Library of Wales to inspect it under supervision; or

(c)make use of any such information.

(5) Where a copy of the full register is made available for inspection by providing the register on a computer screen or otherwise in data form, the National Library of Wales shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic means.

(6) A person who inspects a copy of the full register, whether a printed copy or in data form, may not—

(a)make copies of any part of it, or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

(7) A person employed by the National Library of Wales is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where—

(a)more than ten years have expired since that version of the register was first published in accordance with regulation 43; and

(b)the supply or disclosure is for research purposes in compliance with the relevant conditions.

(8) No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (7) may—

(a)supply a copy of it,

(b)disclose any such information, or

(c)make use of any such information,

otherwise than for research purposes in compliance with the relevant conditions.

Textual Amendments

Supply of free copy of full register to the National Library of ScotlandE+W

97B.  Each registration officer in England and Wales shall supply, free of charge and on publication—

(a)one data copy of any revised version of the register published under section 13(1) or (3) of the 1983 Act; and

(b)one printed copy of any list of overseas electors,

to the National Library of Scotland“.]

Textual Amendments

Supply of free copy of full register for electoral purposes and restrictions on useE+W

98.—(1) Each registration officer shall supply, free of charge and on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act, and

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) [F24, (3B) or (3D)] of that Act,

to the persons listed in paragraph (2) below.

(2) Those persons are—

(a)the returning officer for a non-metropolitan county;

(b)the persons or officers who, under subsections (2B) and (2C) of section 35 of the 1983 Act are the returning officers at an election of members of the London Assembly and of the Mayor of London;

(c)the returning officer appointed pursuant to section 35(1) or (1A) (as the case may be) of the 1983 Act for elections to each parish or community council within the electoral area.

(3) In paragraph (1) the duty to supply one copy of the register is a duty to supply it in data form unless, prior to publication, the officer or person to whom it is to be supplied has requested in writing a printed copy instead.

(4) As soon as practicable after the relevant event, a registration officer who is not the acting returning officer for a constituency wholly or partly in his registration area shall supply free of charge to that officer as many printed copies of—

(a)the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be,

(b)any notice setting out an alteration to that version of the register published under section 13A(2) or 13B(3) of that Act, and

(c)the most recent list of overseas electors,

as the returning officer may reasonably require for the purposes of a parliamentary election.

(5) In paragraph (4) above—

(a)“relevant event” means—

(i)the announcement of Her Majesty’s intention to dissolve Parliament, or

(ii)the occurrence of a vacancy in the relevant constituency; and

(b)the duty to supply as many printed copies of the register, notices and list of overseas electors as the returning officer may reasonably require includes a duty to supply one copy of each in data form.

(6) As soon as practicable after the relevant date, a registration officer who is not designated as a local returning officer for part of an electoral region which falls wholly or partly in his registration area shall supply free of charge to that officer as many printed copies of the documents referred to in paragraph (4)(a), (b) and (c) above as the local returning officer may reasonably require for the purposes of a European Parliamentary election.

(7) In paragraph (6) above—

(a)“relevant date” means—

(i)in the case of a general election of MEPs, the date which is two months before the day appointed by order of the Secretary of State for the poll, or

(ii)where the Secretary of State has made an order appointing a day for the poll at a by-election, the date on which that order was made; and

(b)the duty to supply as many printed copies of the register, notices and list of overseas electors as the local returning officer may reasonably require includes a duty to supply one copy of each in data form.

(8) Where a registration officer is not the returning officer for any election to the National Assembly for Wales in respect of any constituency or region wholly or partly within his registration area, he shall supply free of charge to that officer as many printed copies of the documents referred to in paragraph (4)(a) or (b) above, together with one copy of each in data form, as the returning officer may reasonably require for the purposes of such an election.

(9) No person to whom a copy of the register has been supplied under this regulation may—

(a)supply a copy of the full register,

(b)disclose any information contained in it (that is not contained in the edited register), or

(c)make use of any such information,

other than for the purposes of an election.

Textual Amendments

Modifications etc. (not altering text)

Supply of free copy of full register etc to Office for National Statistics and restrictions on useE+W

99.—(1) Each registration officer shall supply, free of charge and on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act,

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) [F25, (3B) or (3D)] of that Act, and

(c)any list of overseas electors,

to the Office for National Statistics (in this regulation referred to as “the Office”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Office has requested in writing a printed copy instead.

(3) [F26Subject to paragraph (6)] no person employed by the Office may—

(a)supply a copy of the full register other than to another such person;

(b)disclose any information contained in it (that is not contained in the edited register) otherwise than in accordance with paragraph (4) below; or

(c)make use of any such information other than for statistical purposes.

(4) [F27Subject to paragraph (6)] no information which is contained in the full register and not in the edited register may be disclosed otherwise than—

(a)by allowing a person using the premises of the Office to inspect it under supervision, and

(b)by publishing information about electors which does not include the name or address of any elector.

[F28(4A) Where a copy of the full register is made available by providing the register on a computer screen or otherwise in data form, the Office shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic means.]

(5) A person who inspects the full register [F29, whether a printed copy or in data form,] may not—

(a)make copies of any part of it, or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

[F30(6) A person employed by the Office is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where—

(a)more than ten years have expired since that version of the register was first published in accordance with regulation 43; and

(b)the supply or disclosure is for research purposes in compliance with the relevant conditions.

(7) No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (6) may—

(a)supply a copy of it,

(b)disclose any such information, or

(c)make use of any such information,

otherwise than for research purposes in compliance with the relevant conditions.]

Textual Amendments

Supply of free copy of full register etc to Electoral Commission and restrictions on useE+W

100.—(1) Each registration officer shall supply, free of charge and on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act,

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) [F31, (3B) or (3D)] of that Act, and

(c)any list of overseas electors,

to the Electoral Commission (in this regulation referred to as “the Commission”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.

(3) Neither the Electoral Commissioners nor any person employed by the Commission may—

(a)supply a copy of the full register other than to an Electoral Commissioner or another such person;

(b)disclose any information contained in it that is not contained in the edited register otherwise than in accordance with paragraph (5) below; or

(c)make use of any such information otherwise than in connection with their functions under, or by virtue of, the Political Parties, Elections and Referendums Act 2000.

(4) In paragraph (3) “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

(5) The full register or any information contained in it and not in the edited register may not be disclosed otherwise than—

(a)where necessary to carry out the Commission’s duties in relation to the rules on permissible donors in the Political Parties, Elections and Referendums Act 2000; or

(b)by publishing information about electors which does not include the name or address of any elector.

Textual Amendments

Modifications etc. (not altering text)

Supply of free copy of full register etc to certain Commissions and restrictions on useE+W

101.—(1) Each registration officer in England shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (3) below to the Boundary Commission for England.

(2) Each registration officer in Wales shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (3) below to the Boundary Commission for Wales and the Local Government Boundary Commission for Wales.

(3) Those documents are—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) [F32, (3B) or (3D)] of that Act; and

(c)any list of overseas electors.

(4) In paragraphs (1) and (2) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission to whom it is to be supplied has requested in writing a printed copy instead.

(5) In paragraph (6) below “a relevant person” means, in relation to each of the Commissions referred to in paragraphs (1) and (2) above—

(a)a member of the Commission in question;

(b)a person appointed to assist the Commission in question to carry out its functions; and

(c)a person employed by the Commission in question.

(6) A relevant person may not—

(a)supply a copy of the full version of the register, other than to another relevant person;

(b)disclose any information contained in it and not contained in the edited register, otherwise than by publishing information about electors which does not include the name and address of any elector; or

(c)process or make use of any such information, other than in connection with their statutory functions.

Textual Amendments

Supply on request and specific restrictionsE+W

Supply of full register etc under regulations 103 to [F33109]: general provisionsE+W

102.—(1) The persons or organisations falling within regulations 103 to 109 below may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following—

(a)a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) [F34, (3B) or (3D)] of that Act;

(c)a list of overseas electors.

(2) Such a request shall be made in writing and shall—

(a)specify the documents requested;

(b)subject to paragraph (5) below, state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and

(c)state whether a printed copy of any of the documents is requested instead of the version in data form.

(3) Unless a request has been made in advance of supply under paragraph (2)(c) above, the copy of a document supplied under this regulation shall be in data form.

(4) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) above in accordance with a request that has been duly made.

(5) A person falling within regulation 108 below may not make the request for the supply of any subsequent document on publication.

(6) A person who obtains a copy of any document under paragraph (4) above may use it for any purpose for which that person would be entitled to obtain that document under these Regulations and any restrictions which apply under whichever of regulations 103 to 109 entitles that person to obtain that document for that purpose shall apply to such use.

Textual Amendments

Supply of full register etc to elected representatives for electoral purposes and restrictions on useE+W

103.—(1) This regulation applies to—

(a)the Member of Parliament for any constituency wholly or partly within the registration area;

(b)each Member of the European Parliament for an electoral region in which the registration area is situated;

(c)each Member of the National Assembly for Wales for any constituency or region wholly or partly within the registration area;

(d)each councillor for an electoral area falling within the registration area;

(e)the Mayor of London and the London members of the London Assembly, where the registration area falls wholly or partly within Greater London;

(f)the constituency members of the London Assembly, where the registration area falls wholly or partly within an Assembly constituency (within the meaning of the Greater London Authority Act 1999); and

(g)an elected mayor within the meaning of section 39(1) of the Local Government Act 2000 where the registration area falls wholly or partly within the area of the local authority for which the mayor is elected.

(2) For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision—

(a)in the case of a Member of Parliament or of the National Assembly for Wales, is so much of them as relates to the whole or any part of the constituency or region which he represents as falls within the registration area;

(b)in the case of a Member of the European Parliament, is all parts of them;

(c)in the case of a councillor for an electoral area, is so much of them as relates to that area;

(d)in the case of the Mayor of London and a London member of the London Assembly, is so much of them as relates to the Greater London area;

(e)in the case of a constituency member of the London Assembly, is so much of them as relates to any part of the Assembly constituency which he represents as falls within the registration area;

(f)in the case of a mayor falling within paragraph (1)(g) above, is so much of them as relates to any part of the area of the local authority for which he is elected as falls within the registration area.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it that is not contained in the edited register, or

(c)make use of any such information,

otherwise than for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.

Supply of full register to holders of relevant elective offices and candidatesE+W

104.—(1) This regulation applies to—

(a)the holder of a relevant elective office within the meaning of paragraph 1(8) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000;

(b)a candidate for election at a Parliamentary, local government or Authority election.

(2) For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is the whole of them.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it that is not contained in the edited register, or

(c)make use of any such information,

otherwise than for the purpose set out in paragraph (4) below.

(4) That purpose is the purpose of complying with the controls on donations contained in Schedule 7 to, the Political Parties, Elections and Referendums Act 2000 or Schedule 2A of the Representation of the People Act 1983, as the case may be.

Supply of full register etc to local constituency parties and restrictions on useE+W

105.—(1) This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency by the registered nominating officer, (within the meaning of section 24 of the Political Parties, Elections Referendums Act 2000) of a registered political party.

(2) Not more than one person for the same constituency may be nominated under paragraph (1) above in respect of the same registered political party and registration area.

(3) In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 102(1) above is so much of them as relates to the whole or any part of the constituency in question as falls within the registration area.

(4) No person to whom this regulation applies who has been supplied with a copy of the register may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it (that is not contained in the edited register), or

(c)make use of any such information,

otherwise than for electoral purposes or the purposes of electoral registration.

Supply of full register etc to registered political parties etc and restrictions on useE+W

106.—(1) This regulation applies to—

(a)a registered political party other than a minor party, within the meaning of section 160(1) of the Political Parties, Elections and Referendums Act 2000;

(b)a recognised third party within the meaning of section 85(5) of that Act, other than a registered political party; and

(c)a permitted participant within the meaning of section 105(1) of that Act, other than a registered political party.

(2) In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 102(1) above is the whole of them.

(3) No person employed by, or assisting (whether or not for reward) a party or participant to which this regulation applies and to which a copy of the register has been supplied may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it (that is not contained in the edited register), or

(c)make use of any such information,

otherwise than for the purposes set out in paragraph (4) below.

(4) Those purposes are—

(a)in the case of a party falling within paragraph (1)(a) or (b),

(i)electoral purposes, and

(ii)the purpose of complying with the controls on donations under Part IV of or, as the case may be, Schedule 11 to, the Political Parties, Elections and Referendums Act 2000; and

(b)in the case of a permitted participant within the meaning of section 105(1) of that Act,

(i)purposes in connection with the campaign in respect of the referendum identified in the declaration made by the participant under section 106 of that Act, and

(ii)the purposes of complying with the controls on donations in Schedule 15 to that Act.

Modifications etc. (not altering text)

Supply of full register etc to certain councils and restrictions on useE+W

107.—[F35(1) Paragraphs (2) to (5) of this regulation apply to—

(a)the local authority by which the registration officer was appointed, and

(b)a local authority whose area falls wholly or partly within the registration area of that local authority, other than a parish council or community council (within the meaning of paragraph (6)).]

(2) For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is [F36so much of them as relates to the area of the local authority concerned.]

(3) Subject to paragraph (4) below, no councillor or employee of the [F37local authority] may—

(a)supply a copy of the full register to any person other than to another councillor of or employee of the same [F37local authority];

(b)disclose any information contained in it that is not included in the edited register; or

(c)make use of any such information.

(4) A councillor or employee of the [F38local authority] may supply a copy of the register, or disclose or make use of information contained in it that is not contained in the edited register—

(a)where necessary for the discharge of a statutory function of the [F38local authority] or any other local authority relating to security, law enforcement and crime prevention, or

[F39(aa)for the purposes of a poll under section 116 (local polls) of the Local Government Act 2003, or]

(b)for statistical purposes, in which case no information shall be disclosed which includes the name and address of any elector (whether that name or address appears in the edited register or only in the full register).

(5) In this regulation, “local authority” has the meaning given by [F40section 116 of the Local Government Act 2003].

(6) Paragraphs (7) and (8) of this regulation apply to parish councils, as established by sections 9(4) of the Local Government Act 1972 and community councils as referred to in section 27(2) of that Act.

(7) For the purposes of regulation 102(1) above, the relevant part of the documents listed is so much of them as relates to the parish or community concerned.

(8) No parish or community councillor, person employed by or otherwise assisting (whether or not for reward) a parish or community council and to which a copy of the register has been supplied may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it that is not included in the edited register, or

(c)make use of any such information,

otherwise than for the purpose of establising whether any person is entitled to attend and participate in a meeting of, or take any action on behalf of, the parish or community, as the case may be [F41or for the purposes of a poll under section 116 (local polls) of the Local Government Act 2003].

Textual Amendments

Supply of full register etc to certain candidates and restrictions on useE+W

108.—(1) This regulation applies to a candidate at—

(a)a Parliamentary or European Parliamentary election,

(b)an election to the National Assembly of Wales,

(c)a local government election, and

(d)an election of a mayor under Part II of the Local Government Act 2000,

where any part of the area in respect of which the candidate stands for election includes the whole or part of a registration area.

(2) In this regulation “candidate” includes—

(a)a candidate at an election of a mayor under Part II of the Local Government Act 2000; and

(b)an individual candidate at a European Parliamentary election or an election in an electoral region for the National Assembly for Wales.

(3) In the case of a registered political party which submits a list of candidates at a European Parliamentary election, an election of the London members of the London Assembly or an election in an electoral region for the National Assembly for Wales, the entitlement otherwise conferred by this regulation on a candidate is conferred on the election agent of that party.

(4) For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is so much of them as relate to the area for which the candidate is standing.

(5) No candidate or election agent to whom a copy of the register has been supplied by virtue of this regulation may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it (that is not contained in the edited register), or

(c)make use of any such information,

other than for electoral purposes.

Supply of full register etc to police forces [F42and other agencies,] and restrictions on useE+W

109.—(1) This regulation applies to—

(a)any police force in Great Britain;

(b)the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

[F43(c)the Serious Organised Crime Agency;]

(e)the Police Information Technology Organisation; F44...

(f)any body of constables established under an Act of Parliament.

[F45(g)the Security Service;

(h)the Government Communications Headquarters; and

(i)the Secret Intelligence Service.]

(2) For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision is the whole of them.

(3) No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it (that is not contained in the edited register), or

(c)make use of any such information,

otherwise than for the [F46purposes specified in paragraph (4)].

[F47(4) The purposes referred to in paragraph (3) are—

(a)in the case of the forces and organisations falling within sub-paragraphs (a) to (f) of paragraph (1)—

(i)the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere);

(ii)the vetting of a relevant person for the purpose of safeguarding national security; and

(b)in the case of the organisations falling within sub-paragraphs (g) to (i) of paragraph (1), those connected with the carrying out of any of their statutory functions.

(5) In this Regulation “relevant person” means—

(a)a constable or officer or prospective constable or officer of the force or organisation; or

(b)an employee of, or applicant for employment by, the force or organisation.]

Textual Amendments

[F48Supply of full register to public libraries and local authority archives service, and restrictions on useE+W

109A.—(1) A public library or a local authority archives service may request the registration officer to supply free of charge the relevant part (within the meaning of paragraph (2)) of any of the following—

(a)a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) [F49, (3B) or (3D)] of that Act;

(c)a list of overseas electors.

(2) For the purposes of paragraph (1) the relevant part of the documents listed in that provision is so much of them as a public library or local authority archives service has been given responsibility for keeping by a library authority or local authority respectively.

(3) Such a request shall be made in writing and shall—

(a)specify the documents requested;

(b)state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication; and

(c)state whether a printed copy of any of the documents is requested instead of the version in data form.

(4) Unless a request has been made in advance of supply under paragraph (3)(c), the copy of a document supplied under this regulation shall be in data form.

(5) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) in accordance with a request that has been duly made.

(6) Subject to paragraph (9), no person employed by the public library or the local authority archives service may—

(a)supply a copy of the full register other than to another such person or to a person using the library or the archives service to inspect it under supervision;

(b)disclose any information contained in it (that is not contained in the edited register) otherwise than by allowing a person using the library or the archives service to inspect it under supervision; or

(c)make use of any such information.

(7) Where a copy of the full register is made available for inspection in accordance with paragraph (6)(a) or (b) by providing the register on a computer screen or otherwise in data form, the library or the archives service shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic means.

(8) A person who inspects a copy of the full register, whether a printed copy or in data form, may not—

(a)make copies of any part of it, or

(b)record any particulars in it,

otherwise than by means of hand-written notes.

(9) The public library or local authority archives service is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where—

(a)more than ten years have expired since that version of the register was first published in accordance with regulation 43; and

(b)the supply or disclosure is for research purposes in compliance with the relevant conditions.

(10) No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (9) may—

(a)supply a copy of it,

(b)disclose such information, or

(c)make use of any such information,

otherwise than for research purposes in compliance with the relevant conditions.

(11) In this regulation—

“library authority” has the same meaning as in section 206 of the Local Government Act 1972 and section 4 of the Public Libraries and Museums Act 1964;

“local authority archives service” means an archives service established by—

(a)

a county council,

(b)

a county borough council,

(c)

a district council,

(d)

a London Borough council,

(e)

the Common Council of the City of London, or

(f)

the Council of the Isles of Scilly,

in exercise of its functions under the Local Government (Records) Act 1962;

“public library” means a library maintained by a library authority.]

Textual Amendments

Sale of edited and full registers and specified restrictionsE+W

Sale of edited registerE+W

110.—(1) The registration officer shall supply a copy of the edited register to any person on payment of a fee calculated in accordance with paragraph (2) below.

(2) In the case of the register—

(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

Sale of full register etc: restrictions on supply, charges, etcE+W

111.—(1) The registration officer may not sell a copy of—

(a)the full register,

(b)any notice under section 13A(2) or 13B(3) of the 1983 Act altering the register (“a relevant notice”), or

(c)the list of overseas electors,

except to a person who is entitled under regulation 113 or 114 below to purchase them.

(2) The fee for such sale is to be calculated in accordance with paragraphs (3) to (6) below.

(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5) below; and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.

(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) below shall be applied to that notice.

(5) Subject to paragraph (3) above, in the case of the register or a relevant notice—

(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

(6) In the case of the list of overseas electors—

(a)in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and

(b)in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.

(7) In any copy of the full register [F50or any copy of a notice under section 13A(2) or 13B(3) [F51, (3B) or (3D)] of the 1983 Act] which is sold in accordance with regulations 112 to 114 below, the letter “Z” shall be placed against the [F52entry] of any person whose [F52entry] is not included in the edited version of the register.

Textual Amendments

Sale of full register etc: general provisionsE+W

112.—(1) This regulation applies in respect of the supply on payment of a fee of copies of the full register, including any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, in accordance with regulations 113 and 114 below.

(2) The registration officer shall not supply a printed copy of the full register under those regulations if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.

(3) In those regulations, “the relevant restrictions” means the restrictions set out in paragraphs (4) and (5) below.

(4) No person in an organisation to which a copy of the register has been supplied under regulations 113 or 114 below may—

(a)supply a copy of the full register to any person,

(b)disclose any information contained in it (and not contained in the edited register), or

(c)make use of any such information,

other than for the purpose set out in the regulation by virtue of which the full register has been supplied.

(5) The restrictions in paragraph (4) above apply to a person to whom a copy of the full register has been supplied in accordance with regulations 113 and 114 below or to whom information contained in it has been so disclosed as it applies to a person in the organisation to which the copy of the full register was supplied under the regulation in question.

(6) In regulations 113 and 114 below, “a relevant document” means—

(a)the full register published under section 13(1) or (3) of the 1983 Act;

(b)any notice published under section 13A(2) or 13B(3) [F53, (3B) or (3D)] of that Act amending it; and

(c)the list of overseas electors.

(7) A request for a copy of the full register, or of any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, as the case may be, must be made in writing and must—

(a)specify the documents required;

(b)state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent documents on publication for as long as the person making the request pays for them; and

(c)state whether a printed copy of any document is requested instead of the version in data form.

Textual Amendments

Sale of full register to government departments [F54and other bodies] E+W

113.—(1) Subject to regulation 112(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 111 above a copy of a relevant document [F55to—

(a)a government department;

(b)the Environment Agency;

(c)the Financial Services Authority; or

(d)a body not falling within sub-paragraphs (a) to (c) which carries out the vetting of any person for the purpose of safeguarding national security,

other than a force or organisation to which regulation 109(1) applies.]

[F56(2) For the purposes of regulation 112(3), the relevant restrictions apply—

(a)in the case of a body falling within sub-paragraphs (a) to (c) of paragraph (1), except for the purpose of—

(i)the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere);

(ii)the vetting of employees and applicants for employment where such vetting is required pursuant to any enactment;

(iii)the vetting of any person where such vetting is for the purpose of safeguarding national security; or

(iv)supply and disclosure in accordance with paragraphs (3) to (6); and

(b)in the case of a body falling within sub-paragraph (d) of paragraph (1), except for the purpose of the vetting of any person where such vetting is for the purpose of safeguarding national security.]

(3) A government department [F57, other than one mentioned in regulation 109(1)(g) to (i),] may supply (whether or not on payment) a copy of the full register to a person (“an authorised person”), who may only disclose information contained in it in accordance with paragraph (5) below.

(4) In this regulation any reference to an authorised person includes a reference to his employees.

(5) Information contained in the full register may not be disclosed by an authorised person except to any person falling within regulations 103 to 108 above; and for use for the purposes for which such a person could obtain a register under the regulation concerned.

(6) The restrictions in regulations 103 to 108 respectively apply to a person to whom information contained in the full register is disclosed under paragraph (5) as it applies to a person to whom a copy of the register is applied under those regulations.

Textual Amendments

Sale of full register to credit reference agenciesE+W

114.—(1) Subject to regulation 112(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 111 above copies of a relevant document to a credit reference agency which is registered under Part III of the Consumer Credit Act 1974 (by virtue of section 147 of that Act) and which is carrying on the business of providing credit reference services.

(2) For the purposes of regulation 112(3) above, the relevant restrictions apply except for the purposes set out in paragraph (3) below.

(3) Those purposes are—

(a)vetting applications for credit or applications that can result in the giving of credit or the giving of any guarantee, indemnity or assurance in relation to the giving of credit;

(b)meeting any obligations contained in the Money Laundering Regulations [F582007] F59... or any rules made pursuant to section 146 of the Financial Services and Markets Act 2000; and

(c)statistical analysis of credit risk assessment in a case where no person whose details are included in the full register is referred to by name or necessary implication.

(4) The registration officer may require a credit reference agency to provide such evidence that it is carrying on the business of providing credit reference services as he shall reasonably require.

(5) In this regulation—

  • “application for credit” includes an application to refinance or reschedule an existing credit agreement;

  • “credit” includes a cash loan and any other form of financial accommodation; and

  • “credit reference services” means the furnishing of persons with information relevant to the financial standing of individuals, which is information collected by the person furnishing it for the purpose of so furnishing it.

Textual Amendments

OffencesE+W

[F60Offences in respect of contravention of Part 3, Part 4 and Part 6 regulationsE+W

115.—(1) A person is guilty of an offence—

(a)if he contravenes any of the provisions specified in paragraph (2), or

(b)if he is an appropriate supervisor of a person (P) who fails to comply with any of those provisions and he failed to take appropriate steps.

(2) Those provisions are regulations 45C(4), 45D(4), 45E(3), 45F(3), 61(3), 61(14), 92(9), 94(3), 95(2), 96(2), 97(2), (4) and (6), 97A(4), (6) and (8), 98(9), 99(3), (5) and (7), 100(3) and (5), 101(6), 103(3), 104(3), 105(4), 106(3), 107(3) and (8), 108(5), 109(3), 109A(6), (8) and (10), 112(4) and (5) and 113(5) and (6).

(3) P is not guilty of an offence under paragraph (1) if—

(a)he has an appropriate supervisor, and

(b)he has complied with all the requirements imposed on him by his appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if he takes all reasonable steps to ensure that he complies with the provisions specified in paragraph (2).

(5) In paragraphs (1)(b) and (3)—

(a)an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b)appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in paragraph (2).

(6) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]]

Textual Amendments

Modifications etc. (not altering text)

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