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Statutory Instruments

2004 No. 1848

REPRESENTATION OF THE PEOPLE

The Representation of the People (Form of Canvass) (England and Wales) Regulations 2004

Made

14th July 2004

Coming into force

28th July 2004

Whereas a draft of these Regulations has been laid before and approved by resolution of each House of Parliament;

And whereas the Secretary of State has consulted the Electoral Commission about these Regulations in accordance with section 7(1) and (2) of the Political Parties, Elections and Referendums Act 2000(1);

Now, therefore, the Secretary of State in exercise of the powers conferred by sections 10(4)(2), 53 and 201(1) and (3) of, and paragraph 10(2) of Schedule 2 to, the Representation of the People Act 1983(3), and now vested in him(4), hereby makes the following Regulations:

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Representation of the People (Form of Canvass) (England and Wales) Regulations 2004 and shall come into force on the expiry of 14 days beginning with the day on which they are made.

(2) In these Regulations, “the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001(5).

(3) These Regulations do not extend to Scotland or Northern Ireland.

Revocation

2.  The Representation of the People (Form of Canvass) (England and Wales) Regulations 2003 are hereby revoked.(6)

Prescribed forms

3.—(1) The form set out in Part I of the Schedule to these Regulations is hereby prescribed for use for the purposes of the canvass which is required to be conducted by section 10 of the Representation of the People Act 1983.

Amendment of provision about applications

4.  In regulation 26(6) of the 2001 Regulations (applications for registration)(7) for “the Representation of the People (Form of Canvass) (England and Wales) Regulations 2003” substitute “the Representation of the People (Form of Canvass) (England and Wales) Regulations 2004”.

Signed by authority of the Secretary of State.

Christopher Leslie

Parliamentary Under-Secretary of State

Department for Constitutional Affairs

14th July 2004

Regulation 3

SCHEDULEForm of Canvass and Form of Words about the Two Versions of the Register

PART IForm prescribed for the purposes of section 10(4) of the Representation of the People Act 1983 (as substituted by Schedule 1 to the Representation of the People Act 2000)

PART IIForm of words about the two versions of the register

Explanatory Note

(This note is not part of the Order)

Under section 10 of the Representation of the People Act 1983 (as substituted by Schedule 1 to the Representation of the People Act 2000) each registration officer is required to conduct an annual canvass (by reference to residence on 15th October in that year) in his registration area to ascertain the persons who are entitled to be or remain registered as parliamentary or local government electors in that area. These Regulations specify a revised form for the purposes of that canvass, which takes account of the fact that ten new States acceded to the European Union in 2004 and makes provision for their citizens residing in a registration area to be included in the register of local government electors for that area with citizens of the other European Union countries.

In addition, Regulation 4 and Part II of the Schedule to the Regulations prescribe a new form of words for use as part of the application for registration form provided by registration officers. The Regulations revoke the provisions of the Representation of the People (Form of Canvass)(England and Wales) Regulations 2003, which had previously prescribed the form of canvass and the form of words to be included with the canvass form about the two versions of the register.

(2)

Having regard to the definition of “prescribed” in section 202(1) of the Representation of the People Act 1983 c. 2.

(3)

1983 c. 2; section 10 was substituted by Schedule 1 to the Representation of the People Act 2000 (c. 2); section 201(3) was inserted by Schedule 1 to that Act.

(4)

Transfer of Functions (Transport, Local Government and the Regions) Order 2002, S.I. 2002/2626, article 11, and Secretary of State for Constitutional Affairs Order 2003, S.I. 2003/1887, article 4.

(5)

S.I. 2001/341, amended by S.I. 2001/1700, S.I. 2002/881 and S.I. 2002/1871.

(6)

S.I. 2003/1899.

(7)

Regulation 26(6) was inserted by S.I. 2002/1871, regulation 8(6).