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

[F1 Processing of information provided in connection with a relevant absent voting application E+W

56D.— (1) If a person provides an original document under regulation 56C, the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In respect of any relevant absent voting application, the registration officer must retain until the application has been determined—

(a) the application form or, in the case of an application made through the digital service, the information contained in the application transmitted to the registration officer by the Secretary of State;

(b) any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (1), a copy of such documents.

(3) Subject to paragraph (4), the registration officer may retain the application form, information and documents in paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in paragraph (2) by no later than the date which is 13 months from the date on which the registration officer determined the relevant absent voting application.

(4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.

(5) Information disclosed under regulation 56B must not be disclosed to any other person, except—

(a) for the purpose of determining the relevant absent voting application in connection with which the information was disclosed, or

(b) for the purpose of any civil or criminal proceedings.

(6) A person who discloses information in breach of paragraph (5) is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both).

(7) Any information disclosed under regulation 56B must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for [F2 Housing, Communities and Local Government] in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

(8) In this regulation, “copy” includes an electronic copy.]

Textual Amendments

F1 Regs. 56B-56D inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 5(8)

F2 Words in reg. 56D(7) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 16(11) (with art. 7)

Modifications etc. (not altering text)

C1 Regs. 56B-56D applied (with modifications) (31.10.2023) by S.I. 2012/323, Sch. 4 Table 6 (as amended by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 15(5)(c)(vi))

C2 Regs. 56B-56D applied (with modifications) (31.10.2023) by S.I. 2012/444, Sch. 4 Table 6 (with reg. 27) (as amended by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 16(5)(c)(vi))

C3 Regs. 56B-56D applied (with modifications) (31.10.2023) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Table 6 (as amended by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 18(5)(c)(vi))