The European Parliamentary Elections Regulations 2004

[F1 Records and lists kept under this Schedule E+W+S

32.— (1) Any person entitled to be supplied in accordance with regulation 103, 105, 106 or 108 of the 2001 Regulations, or in accordance with regulation 102, 104, 105 or 107 of the 2001 (Scotland) Regulations, or in accordance with paragraphs 52, 53, 54 or 56 of Schedule 1 to the 2004 Act, with copies of the full register is also a person entitled, subject to this paragraph and to paragraph 33, to request that the registration officer supply free of charge the relevant part (within the meaning of those regulations) of a copy of any of the following information which he keeps—

(a) the current version of the information which would, in the event of a particular European Parliamentary election, be included in the postal voters lists, the list of proxies or the proxy postal voters lists, which he is required to keep under paragraph 5 or 7(8);

(b) the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists kept under paragraph 5 or 7(8).

(2) A request under paragraph (1) must be made in writing and must specify—

(a) the information (or the relevant parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list; and

(c) whether a printed copy of the records or lists is requested or a copy in data form.

(3) A person who obtains any information under this paragraph may use it only for the permitted purposes specified in paragraph 33, and any restrictions—

(a) specified in that paragraph; or

(b) which would apply to the use of the full register under whichever of regulation 103, 105, 106 or 108 of the 2001 Regulations, or regulation 102, 104, 105 or 107 of the 2001 (Scotland) Regulations or paragraphs 53 or 56 of Schedule 1 to the 2004 Act, entitled that person to obtain that information,

shall apply to such use.

(4) The registration officer must supply a current copy of the information requested under sub-paragraph (1), as soon as practicable after receipt of a request that is duly made.

(5) The registration officer must supply a final copy of the postal voters list kept under paragraph 5(2), as soon as practicable after 5p.m. on the eleventh day before the day of the poll, in response to a request under sub-paragraph (1) that has been duly made.

(6) As soon as practicable after 5p.m. on the sixth day before the day of the poll the registration officer must—

(a) make a copy of the lists kept under paragraphs 5 and 7(8) available for inspection at his office in accordance with sub-paragraphs (10) to (15);

(b) if he is not the local returning officer for the local counting area F2 ... for which he is registration officer, send that officer a copy of those lists; and

(c) supply a final copy of the postal voters lists or the list of proxies in response to every request under sub-paragraph (1) that has been duly made.

(7) The registration officer must supply a final copy of the list of proxies kept under paragraph 5(3), updated to include any additions to that list made in consequence of any applications granted in accordance with paragraph 26(4), as soon as practicable after 5p.m. on the day of the poll, to every person who received that list in accordance with sub-paragraph (6)(b).

(8) Any person who has obtained or is entitled to obtain a copy of information specified in sub-paragraph (1) may—

(a) supply a copy of the information to a processor, within the meaning of rule 67 of the European Parliamentary elections rules, for the purpose of processing the information; or

(b) procure that a processor processes and supplies to them any copy of the information which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such information.

(9) Paragraphs (2) and (3) of regulation 92 of the 2001 regulations and the condition in paragraph (9) of that regulation, or paragraph (4) of regulation 114 of the 2001 (Scotland) Regulations, or, as appropriate, paragraph 44(9) of Schedule 1 to the 2004 Act, shall be taken to apply to the supply and processing of information supplied under this paragraph as they apply to the supply and processing of the full register under Part 6 of the 2001 Regulations, under Part 6 of the 2001 (Scotland) Regulations or under Part 3 of Schedule 1 to the 2004 Act.

(10) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in sub-paragraph (1).

(11) A request under sub-paragraph (10) must be made in writing and must specify—

(a) the information (or relevant parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list;

(c) who will inspect the information;

(d) the date on which they wish to inspect the information; and

(e) whether they would prefer to inspect the information in printed or data form.

(12) The registration officer must make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

(13) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer must ensure that the manner in, and 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.

(14) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

(a) make copies of any part of it; or

(b) record any particulars in it;

otherwise than by means of hand-written notes.

(15) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act or paragraph 21 of Schedule 4 to these Regulations, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which he holds it.

(16) For the purposes of this paragraph—

(a) a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9 a.m. on the date it is supplied; and

(b) any period of days is to be calculated in accordance with paragraph 26(7).

(17) The registration officer must ensure that where he supplies or discloses information specified in sub-paragraph (1)(a) in accordance with this paragraph, he does not supply or disclose any record relating to a person specified in sub-paragraph (18).

(18) The persons specified in this paragraph are—

(a) a person who has an anonymous entry;

(b) the proxy of a person who has an anonymous entry.]

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3

F2 Words in Sch. 2 para. 32(6)(b) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 40