SCHEDULE 1E+WENABLING POWERS
These Regulations are made under the following powers:
(a)sections 10A(7) and (9)(), 13A(6), 36(3C)(), 53() and 201(1) and (3)() of, rule 24() of Schedule 1 and Schedule 2() to, the Representation of the People Act 1983 (“the 1983 Act”);
(b)sections 3(5), (6) and (7)() and 15(5) of the Representation of the People Act 1985 (“the 1985 Act”);
(c)having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)(), 9(2)(), 10A(1), (3), (6) and (7), 13(3), 13A(2), 13B(3), 14(1), 16, 56(1) and (5), 75(3) and 89(1) of, rules 24, 28(3), 29(3A)(), 32(3) and 45(1B)() in Schedule 1 to, and paragraph 8(1) of Schedule 4 to, that Act;
(d)having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the 1985 Act, section 2(3) of the 1985 Act();
(e)having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000, the following provisions in that Schedule, namely, paragraphs 3(1)(b) and (2)(c), 4(1)(b), (2)(c) and (4)(a), 6(7) and (8) and 7(5)(c) and (7);
(f)having regard to the designation() of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972() in relation to measures relating to the rights of citizens of the Union to vote at European Parliamentary elections and local government elections in England and Wales, that section 2(2); and
(g)paragraph 2(4)(b) of Schedule 1 to the European Parliamentary Elections Act 1978().
Regulation 2
SCHEDULE 2E+WREVOCATIONS
1 | 2 | 3 |
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Regulations revoked | References | Extent of revocation |
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The Representation of the People Regulations 1986 | S.I. 1986/1081 | The whole Regulations except regulations 1, 4 and 97 to 100 |
The Representation of the People (Amendment) Regulations 1990 | S.I. 1990/520 | The whole Regulations except regulations 29 to 31 |
The Representation of the People (Amendment) Regulations 1991 | S.I. 1991/1198 | The whole Regulations |
The Representation of the People (Amendment) Regulations 1992 | S.I. 1992/722 | The whole Regulations |
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 | S.I. 1994/342 | Part I of the Schedule |
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 | S.I. 1995/1948 | Paragraphs 12 to 16 of Schedule 2 |
The Representation of the People (Amendment) Regulations 1997 | S.I. 1997/880 | The whole Regulations |
SCHEDULE 3E+WFORMSARRANGEMENT OF FORMS
Textual Amendments
Modifications etc. (not altering text)
Commencement Information
[Form A: | Official poll card (to be sent to an elector voting in person)] |
[Form A1: | Official postal poll card (to be sent to an elector voting by post)] |
[Form B: | Official proxy poll card (to be sent to an appointed proxy voting in person)] |
[Form B1 | Official proxy postal poll card (to be sent to an appointed proxy voting by post)] |
Form C: | Return of expenses required by section 75 of the 1983 Act |
Form D: | Declaration as to expenses required by section 75 of the 1983 Act |
Form E: | Proxy paper |
Form F: | Certificate of employment |
Form G: | [postal voting statement] (for use at parliamentary elections) |
Form H: | [postal voting statement] (for use when postal ballots are combined) |
Form J: | [postal voting statement] (for use when a parliamentary poll is combined with another poll but the postal ballots are not combined) |
Form K: | Statement as to postal ballot papers |
[Form L1 | Corresponding Number List for use at parliamentary election taken alone] |
[Form L2 | Corresponding Number List for use in polling station at parliamentary election taken alone ] |
[Form M1 | Corresponding Number List for use when parliamentary election combined with a relevant election or referendum ] |
[Form M2 | Corresponding Number List for use in polling station when parliamentary election combined with a relevant election or referendum ] |
Regulation 13
SCHEDULE 4E+WAPPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS
1 | 2 |
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Provision applied | Modification |
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PART I: THE 1983 ACT |
Section 4(5) (attainers)() | |
Section 9 (register of electors)() | In subsection (1)(a) omit “for each constituency or part of a constituency”.
[In subsection (2) omit “Subject to section 9B(3) below,”.]
Omit subsection (2)(b).
Omit subsections (5) to (8).
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[Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)] | [In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002”.
In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.
In subsection (4) omit paragraph (b).
In subsection (9) omit the definition of “resident”.]
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Section 13 (publication of registers)() | For subsections (1) to (3) substitute:
“(1) Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers.”.
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Section 13A (alteration of registers) | [In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.
In subsection (1)(c) omit “or 58”.
In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.
For subsection (3) substitute:
“(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—
(a)at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or
(b)at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,
and in such a case the alteration in question shall be made in those revised versions of the registers.”].
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Section 13B (alteration of register: pending elections) | For subsection (4) substitute:
“(4) This section applies to elections to the European Parliament.”.
[Omit subsection (6).]
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Section 50 (effect of misdescription) | For paragraphs (a), (b) and (c) substitute “in the register”. |
Section 52 (discharge of registration duties)() | In subsections (1) and (4) after the word “Act” insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”. |
Section 54 (payment of expenses of registration)() | In subsection (1) after the word “Act” in the first place where it occurs, insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”.
Omit subsection (3).
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Section 56 (registration appeals: England and Wales)() | [In subsection (1) for paragraph (aa) substitute:
“(aa)from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.”.
In subsection (1) omit paragraphs (ab) and (b).]
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Section 63 (breach of official duty)() | In subsection (3)—
(a) for paragraphs (a) to (d) substitute:
“(a)any registration officer,”; and
(b) for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.
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PART II: THE 1985 ACT |
Section 2 (registration of British citizens overseas)() | In paragraph (a) of subsection (1) omit “constituency or” and in paragraph (b) after “of that” insert “part of the”.
In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local government electors”.
In subsection (4) for “section 1” substitute “section 3”.
In subsection (7) omit “constituency or”.
In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.
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In section 12 (offences as to declarations etc), subsections (1), (2) and (4) | In subsection (1)(a) for the word “parliamentary” substitute “European Parliamentary”. |
Regulation 13
[SCHEDULE 4AE+W
APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS
1
Regulation applied
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Modification
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Regulation 3 | In paragraph (1) omit the definition of “certificate of anonymous registration”. |
Regulation 5 | |
Regulation 6 | |
Regulation 7 | |
Regulation 8 | |
Regulation 11 | |
Regulation 18 | In paragraphs (4), (5) and (7) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. |
Regulation 19 | In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. |
Regulation 20 | In paragraph (1) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. |
Regulation 21 | |
Regulation 22 | In paragraph (3) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations” and for “modifications made by that regulation” substitute “modifications made by that Schedule”. |
Regulation 23 | |
Regulation 24 | Omit paragraph (4A). |
Regulation 25 | |
Regulation 27 | |
Regulation 28 | Omit paragraph (2). |
Regulation 29 | Omit paragraphs (2B) and (4A).
In paragraph (4) omit “Subject to paragraph (4A),”.
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Regulation 30 | |
Regulation 31 | |
Regulation 31A | |
Regulation 31B | In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.
For paragraph (2) substitute:
“(2) The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.”.
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Regulation 31D | Omit paragraph (3).
In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.”.
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Regulation 31E | In paragraph (2) omit sub-paragraph (c).
Omit paragraph (4).
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Regulation 31F | In paragraph (6) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act,”. |
Regulation 32 | In paragraph (1) for sub-paragraph (b) substitute:
“(b)under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;”.
In paragraph (1) omit sub-paragraph (c).
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Regulation 36(2) and (3) | In sub-paragraph (2)(b) omit “except in a case falling within regulation 31C(2)(d) above,”. |
Regulation 38 | |
Regulation 39 | |
Regulation 40 | For paragraph (1) substitute:
“(1) Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.”.
Omit paragraphs (2) and (3).
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Regulation 41 | |
Regulation 42 | |
Regulation 43 | In paragraph (1) omit “and (3)”. |
Regulation 45 | In paragraph (4) after “regulation 13(6) above” insert “and Schedule 4A to these Regulations”.] |