SCHEDULE 1ENABLING POWERS

Annotations:
Commencement Information

I1Sch. 1 in force at 16.2.2001, see reg. 1(1)

These Regulations are made under the following powers:

(a)

sections 10A(7) and (9)48, 13A(6), 36(3C)49, 5350 and 201(1) and (3)51 of, rule 2452 of Schedule 1 and Schedule 253 to, the Representation of the People Act 1983 (“the 1983 Act”);

(b)

sections 3(5), (6) and (7)54 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)55, 9(2)56, 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)57, 32(3) and 45(1B)58 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 Act59;

(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 designation60 of the Secretary of State for the purposes of section 2(2) of the European Communities Act 197261 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 197862.

SCHEDULE 2REVOCATIONS

Regulation 2

Annotations:
Commencement Information

I2Sch. 2 in force at 16.2.2001, see reg. 1(1)

1

2

3

Regulations revoked

References

Extent of revocation

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

F1F2F3F4F5F6F7F8F9F10F11F12F13F14F15SCHEDULE 3FORMSARRANGEMENT OF FORMS

F8Form A:

Official poll card (to be sent to an elector voting in person)

F9Form A1:

Official postal poll card (to be sent to an elector voting by post)

F10Form B:

Official proxy poll card (to be sent to an appointed proxy voting in person)

F11Form 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

F12Form F:

Certificate of employment

F13Form G:

Postal voting statement (for use at a parliamentary election taken alone)

F14Form H:

Postal voting statement (for use when postal ballots are combined)

F15Form 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

F16Form L1

Corresponding Number List for use at parliamentary election taken alone

F16Form L2

Corresponding Number List for use in polling station at parliamentary election taken alone

F16Form M1

Corresponding Number List for use when parliamentary election combined with a relevant election or referendum

F16Form M2

Corresponding Number List for use in polling station when parliamentary election combined with a relevant election or referendum

F8Form A: Official poll card (to be sent to an elector voting in person)

Regulation 9(2)

F8Front of card

F8Back of card

F9Form A1: Official postal poll card (to be sent to an elector voting by post)F9Front of card

F9Back of card

F10Form B: Official proxy poll card (to be sent to an appointed proxy voting in person)

Regulation 9(3)

F10Front of card

F10Back of card

F11Form B1: Official proxy postal poll card (to be sent to an appointed proxy voting by post)F11Front of card

F11Back of card

Form C:

Regulation 10(1)

RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Form D:

Regulation 10(1)

DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Form E:

Regulation 57(3)

PROXY PAPER

F12Form F : Certificate of employment

Regulation 63(1)

F13Form G : Postal voting statement (for use at a parliamentary election taken alone)

Regulation 66(a)

F13Front of statement

F13Back of statement

F14Form H : Postal voting statement (for use when postal ballots are combined)F14Front of statement

F14Back of statement

F15Form J : Postal voting statement (for use when a parliamentary poll is combined with another poll but the postal ballots are not combined)

Regulation 66(c)

F15Front of statement

F15Back of statement

F17F18F19F20F21F22F23Form 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

SCHEDULE 4APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

Regulation 13

Annotations:
Commencement Information

I4Sch. 4 in force at 16.2.2001, see reg. 1(1)

1

2

Provision applied

Modification

PART I: THE 1983 ACT

Section 4(5) (attainers)63
Section 9 (register of electors)64

In subsection (1)(a) omit “for each constituency or part of a constituency”.

F24In subsection (2) omit “Subject to section 9B(3) below,”.

Omit subsection (2)(b).

Omit subsections (5) to (8).

F25Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)

F26In 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”.

Section 13 (publication of registers)65
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.”.

Section 13A (alteration of registers)

F27In 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.”.

Section 13B (alteration of register: pending elections)

For subsection (4) substitute:

“(4)

This section applies to elections to the European Parliament.”.

F28Omit subsection (6).

F29Section 13AB (alteration of registers: interim publication dates)

F30For subsection (4) substitute:

“(4)

This section applies to elections to the European Parliament.”

Section 50 (effect of misdescription)

For paragraphs (a), (b) and (c) substitute “in the register”.

Section 52 (discharge of registration duties)66

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)67

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).

Section 56 (registration appeals: England and Wales)68
F31In 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).

Section 63 (breach of official duty)69

In subsection (3)—

  1. (a)
    for paragraphs (a) to (d) substitute:

    “(a)

    any registration officer,”; and

  2. (b)

    for the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.

PART II: THE 1985 ACT

Section 2 (registration of British citizens overseas)70

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)”.

In section 12 (offences as to declarations etc), subsections (1), (2) and (4)

In subsection (1)(a) for the word “parliamentary” substitute “European Parliamentary”.

F32SCHEDULE 4A

Regulation 13

APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1

Regulation applied

2

Modification

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),”.

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.”.

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.”.

Regulation 31E

In paragraph (2) omit sub-paragraph (c).

Omit paragraph (4).

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).

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).

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”.