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Statutory Instruments
Representation of the People
Made
26th March 2007
Coming into force in accordance with regulation 1
These Regulations are made in exercise of the powers conferred by section 36(3C) of, and rule 57 in Schedule 1 to, the Representation of the People Act 1983(1); having regard to the definition of “prescribed” in section 202(1) of the Representation of the People Act 1983, rules 19A and 28 in Schedule 1 to the Representation of the People Act 1983(2); section 15(5) of the Representation of the People Act 1985(3); sections 44 and 45(6) of the Local Government Act 2000(4); and section 42 of the Electoral Administration Act 2006(5).
The Secretary of State has consulted the Electoral Commission about these Regulations in accordance with sections 44(3A) and 45(8A) of the Local Government Act 2000, section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(6) and section 42(9) of the Electoral Administration Act 2006.
In accordance with section 201(2) of the Representation of the People Act 1983, section 105(6) of the Local Government Act 2000 and section 42(10) of the Electoral Administration Act 2006, a draft of this instrument has been laid before and approved by resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Regulations:
1.—(1) These Regulations may be cited as the Representation of the People (England and Wales) and the Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2007.
(2) Subject to paragraph (3), these Regulations shall come into force on the fourteenth day after the day on which they are made.
(3) These Regulations shall not have effect in relation to any election for which the date of poll specified in the notice of election issued in relation to that election is on or before 2 May 2007.
(4) These Regulations do not extend to Scotland or Northern Ireland.
2.—(1) In this regulation, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the Representation of the People (England and Wales) Regulations 2001(7).
(2) In regulation 63A(2) and (4)(8) for “rules 29(3)(e), 37(1)(b) and 37(1)(d)” substitute “rules 29(3)(e) and 37(1)(b)”.
(3) In regulation 63A(3) and (4) for “sections 44(2) or 44(6)” substitute “section 44 or 45”.
(4) In Schedule 3—
(a)for Forms A, B, L2 and M2, substitute Forms A, B, L2 and M2 as set out in the Schedule to these Regulations; and
(b)in the heading to Form B1 for “From B1” substitute “Form B1”.
(5) In regulation 116(1) for “rule 55(1)(b) and (c)” substitute “rule 55(1)(e)”.
(6) In regulation 117(7)(9) for “referred to in paragraph (6)” substitute “in regulations 100(3), 103(3), 105(4), 106(3), 108(5) and 109(3) shall”, and for “the marked register or lists” substitute “a marked register or list”.
(7) In regulation 120(10) for “paragraph (3)” substitute “paragraph (4)”.
3. In paragraph 28 of Schedule 2 to the Representation of the People (Combination of Polls) Regulations 2004(11), in the text to be substituted, delete paragraph 1 of the Guidance for Voters at Combined Polls and renumber the remaining paragraphs accordingly.
Signed by authority of the Secretary of State
Bridget Prentice,
Parliamentary Under Secretary of State
Department for Constitutional Affairs
26th March 2007
Regulation 2
(This note is not part of the Regulations)
These Regulations make amendments to the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) and to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294).
Regulation 2(2), (3) and (4)(a) amend the 2001 Regulations, and regulation 3 amends the 2004 Regulations, to remove provisions inserted by the Representation of the People (England and Wales) (Amendment) (No. 2) Regulations (S.I. 2006/2910) and the Representation of the Pople (Combination of Polls) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/3278) which were made in anticipation of the intended commencement on 1 January 2007 of the provisions in the Electoral Administration Act 2006 (c. 22) which require a voter to provide a signature to confirm that he has received a ballot paper. The commencement of the relevant provisions of the Electoral Administration Act 2006 has been delayed and the 2001 and 2004 Regulations are modified accordingly.
The remaining provisions of regulation 2 correct drafting errors introduced by the Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006.
1983 c. 2; subsection (3C) of section 36 was inserted by section 17 of the Representation of the People Act 1985 (c. 50) and paragraphs (3) to (9) of rule 57 were inserted by section 41 of the Electoral Administration Act 2006 (c.22).
Rule 19A was inserted by section 31(2) of the Electoral Administration Act 2006 (c. 22) and rule 28 was amended by paragraph 70 of Schedule 1 to the Electoral Administration Act 2006.
1985 c. 50; section 15 was amended by section 3 of the European Communities (Amendment) Act 1986 (c. 55) and by Schedule 7 to the Local Government Act 2003 (c. 26).
2000 c. 22; sections 44 and 45 were amended by paragraph 18 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).
S.I. 2001/341, amended by S.I. 2001/1700, 2003/1871, 2004/226, 2006/752 and 2006/2910.
Regulation 63A was inserted by S.I. 2006/2910.
Regulation 117 was inserted by S.I. 2006/2910.
Regulation 120 was inserted by S.I. 2006/2910.
S.I. 2004/294, amended by S.I. 2006/3278.