Textual Amendments
F1Sch. 1 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 39, Sch. 2
Modifications etc. (not altering text)
C1Sch. 1 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 (with reg. 27)
67.—(1) In this Part —
“enactment” includes—
any provision of an Act, including any provision of an Act of the Gibraltar Parliament;
any provision of, or of any instrument made under, an Act of the Scottish Parliament,
any provision of, or of any instrument made under, Northern Ireland legislation, and
any provision of subordinate legislation (within the meaning of the Interpretation Act 1978);
“the full register” means the version of the register published under section 13(1) or (3) of the 1983 Act or, as the case may be, paragraph 11(1) or (3) of Schedule 1 to the 2004 Act;
“marked register or lists” means any part of the marked copies of the full register, list of proxies, postal voters list and proxy postal voters list forwarded to the relevant registration officer under rule 64;
“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; and
“research purposes” includes statistical or historical purposes.
(2) The processor of the register may not disclose the full register or the information contained in it except to the person who supplied the information to the processor or an employee of that person or a person who is entitled to obtain a copy of the full register under the 2001 Regulations, under the 2001 (Scotland) Regulations, or, in Gibraltar, under the 2004 Act, or any employee of such a person.
(3) In paragraph (2), any reference to an employee of any person who has access to a copy of the full register shall be deemed to include a 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) For the purposes of this Part any period of days shall be calculated in accordance with rule 2(1).
(5) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act or paragraph 21 of Schedule 4, any duty on a relevant registration officer to supply records or lists or make them available for inspection under this Part imposes only a duty to provide that information in the form in which he holds it.
68.—(1) Any person entitled to be supplied in accordance with—
(a)regulation 100, 103, 105, 106, 108, 109 or 113 of the 2001 Regulations; or
(b)regulation 99,102,104,105, 107, 108 or 112 of the 2001 (Scotland) Regulations; or
(c)paragraph 50, 52, 53, 54, 55, 56 or 57 of Schedule 1 to the 2004 Act,
with copies of the full register at a particular European Parliamentary election is also a person entitled, subject to this rule and rule 70, to request that a relevant registration officer supply copies of the relevant part (within the meaning of those regulations) of the marked register or lists he is required to keep.
(2) A person whose entitlement to request copies of the marked register or lists under paragraph (1) arises from being in a category of persons to whom—
(a)regulation 103, 105, 106, or 108 of the 2001 Regulations; or
(b)regulation 102, 104, 105 or 107 of the 2001 (Scotland) Regulations; or
(c)paragraph 52, 53, 54 or 56 of Schedule 1 to the 2004 Act,
applies before a particular European Parliamentary election, shall be entitled to request those documents regardless of whether, after that election, he remains in a category of persons which is entitled under those provisions.
(3) A request under paragraph (1) must be made in writing and must—
(a)specify which of the marked register or lists (or the relevant part of the register or lists) are requested;
(b)state whether a printed copy of the records or lists or a copy in data form is requested; and
(c)state the purposes for which the marked register or lists shall be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve those purposes.
(4) The relevant registration officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—
(a)he is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested; and
(b)he has received payment of a fee calculated in accordance with rule 71.
(5) If the relevant registration officer is not satisfied in accordance with paragraph (4)(a) he may treat the request for a marked register or list as a request for —
(a)information in unmarked lists under paragraph 32 of Schedule 2; or
(b)the published copy of the full register in accordance with regulation 102 of the 2001 Regulations, or
(c)the published copy of the full register in accordance with regulation 101 of the 2001 (Scotland) Regulations,
or both (a) and (b) or, as the case may be, (a) and (c), and must provide the requestor with information concerning the availability of the unmarked lists, full register or both as the case may be.
(6) A person who obtains a copy of any part of a marked register or list under this rule and whose entitlement arose under paragraph (1)(a) may use it only for the permitted purposes specified in rule 70(2), and any conditions—
(a)specified in that rule, or
(b)which would apply to the use of the full register under whichever of regulations 100, 103, 105, 106, 108, 109 and 113 of the 2001 Regulations entitled that person to obtain that document,
shall apply to such use.
(7) A person who obtains a copy of any part of a marked register or list under this rule and whose entitlement arose under paragraph (1)(b) may only use it for the permitted purposes specified in rule 70(2), and any conditions—
(a)specified in that rule; or
(b)which would apply to the use of the full register under whichever of regulations 99, 102, 104, 105,107, 108 and 112 of the 2001 (Scotland) Regulations entitled that person to obtain that document,
shall apply to such use.
(8) A person who obtains a copy of any part of a marked register or list under this rule and whose entitlement arose under paragraph (1)(c) may use it only for the permitted purposes specified in rule 70(2), and any conditions—
(a)specified in that rule; or
(b)which would apply to the use of the full register under whichever of paragraphs 50, 52, 53, 54, 55, 56 or 57 of Schedule 1 to the 2004 Act entitled that person to obtain that document,
shall apply to such use.
(9) The conditions referred to in paragraph (6), or as the case may be paragraphs (7) or (8), apply to a person to whom a copy of marked register or list, or any information contained in them (that is not contained in the edited register) has been supplied or disclosed under these rules as they apply to a person to whom those regulations apply.
(10) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this rule may—
(a)supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein,
(b)procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this rule,
for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).
69.—(1) Any person is entitled to request that the relevant registration officer make available for inspection a copy of any of the following documents (referred to in this rule and rule 70 as the “documents open to public inspection”)—
(a)the marked register or lists;
(b)such other documents relating to an election as the relevant registration officer is required by or under any enactment to retain for any period except—
(i)ballot papers;
(ii)completed corresponding number lists; F2...
(iii)certificates as to employment on duty on the day of the election[F3; and
(v)any list produced under paragraph 67(4) of Schedule 2 (reasons for rejection of postal voting statements).]
(2) A request under paragraph (1) must be made in writing and must specify—
(a)which documents are requested;
(b)the purposes for which the information in any document will be used;
(c)where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve that purpose;
(d)who will inspect the documents;
(e)the date on which they wish to inspect the documents; and
(f)whether they would prefer to inspect the documents in printed or data form.
(3) Subject to paragraph (4), the relevant registration officer must make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.
(4) Where a request has been made to inspect copies of the marked register or lists under paragraph (1) and the relevant registration officer is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, he must inform the requestor –
(a)of his decision under this paragraph; and
(b)provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations, or in Scotland, regulation 43 of the 2001 (Scotland) Regulations or, in Gibraltar, paragraph 41 of Schedule 1 to the 2004 Act.
(5) A person who obtains a copy of or information in any document open to public inspection under this rule may use it only for the permitted purposes specified in rule 70, and any conditions—
(a)specified in that rule;
(b)specified in paragraph (7); or
(c)which would apply to the use of the full register under regulation 109 of the 2001 Regulations, or as the case may be, regulation 108 of the 2001 (Scotland) Regulations, or paragraph 57 of Schedule 1 to the 2004 Act, where such a person has obtained a copy of that document under paragraph (8),
shall apply to such use.
(6) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the relevant registration officer must ensure the manner in, and the 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 or any other means.
(7) Subject to paragraph (8), a person who inspects a copy of a document open to public inspection, whether in printed copy or in data form, may not—
(a)make copies of any part of it; or
(b)record any particulars in it,
except that a person who inspects a copy of the marked register or lists may make hand written notes.
(8) The relevant registration officer must, on request, supply free of charge copies of any documents open to public inspection to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 109 of the 2001 Regulations, or, in Scotland, regulation 108 of the 2001 (Scotland) Regulations, or, in Gibraltar, paragraph 57 of Schedule 1 to the 2004 Act, applies.
Textual Amendments
F2Word in Sch. 1 rule 69(1)(b)(ii) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 30(a)
F3Sch. 1 rule 69(1)(b)(v) and preceding word inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 30(b)
70.—(1) Subject to paragraphs (2) and (3) the restrictions on the supply, disclosure and use of information in regulations 94 and 96 of the 2001 Regulations, or, in Scotland, regulations 94 and 95 of the 2001 (Scotland) Regulations, or, in Gibraltar, paragraphs 46 and 47 of Schedule 1 to the 2004 Act, shall apply to the documents open to public inspection as they apply to the full register.
(2) Where a person—
(a)obtains copies of information in the marked register or lists in accordance with rule 68(1); or
(b)a person inspects information in accordance with rule 69(1),
the permitted purposes means either research purposes or electoral purposes.
(3) Where a copy of any information was supplied in the circumstances to which rule 69(8) applies, the permitted purposes means the purposes set out in regulation 109(4) of the 2001 Regulations, or, in Scotland, regulation 108(4) of the 2001 (Scotland) Regulations, or, in Gibraltar, paragraph 57(2) of Schedule 1 to the 2004 Act.
71.—(1) The fee to be paid in accordance with rule 68(4)(b) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in paragraph (2).
(2) The fee shall be the sum of £10, plus for a copy—
(a)in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request; and
(b)in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request.
(3) For the purposes of this rule, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.
72.—(1) A person is guilty of an offence—
(a)if he fails to comply with any of the conditions imposed under rule 70; or
(b)he is an appropriate supervisor of a person (P) who fails to comply with any such condition and he failed to take appropriate steps.
(2) P is not guilty of an offence under paragraph (1) if—
(a)he has an appropriate supervisor, and
(b)he has complied with the requirements imposed on him by his appropriate supervisor.
(3) 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 conditions.
(4) In paragraphs (1)(b) and (2)—
(a)an appropriate supervisor is a person who is a director of a company 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 failure to comply with the conditions.
(5) 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.]