The Representation of the People (Amendment) Regulations 2008

Statutory Instruments

2008 No. 1901

Representation Of The People

The Representation of the People (Amendment) Regulations 2008

Made

17th July 2008

Coming into force in accordance with regulation 1

These Regulations are made in exercise of powers in section 42(4)(b) of the Electoral Administration Act 2006(1) and rule 57(6)(b) of the parliamentary election rules in Schedule 1 to the Representation of the People Act 1983(2), having regard to the definition of “prescribed” in section 202(1) of that Act.

The Secretary of State has consulted the Electoral Commission about these Regulations in accordance with section 42(9) of the Electoral Administration Act 2006 and section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(3).

A draft of these regulations has been laid before and approved by resolution of each House of Parliament, in accordance with section 42(10) of the Electoral Administration Act 2006 and section 201(2) of the Representation of the People Act 1983(4).

The Secretary of State makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Representation of the People (Amendment) Regulations 2008 and come into force the day after the day on which they are made.

(2) These Regulations do not extend to Northern Ireland.

Transitional provision

2.  These Regulations do not have effect in relation to a request for a copy of the marked register or lists that was made in accordance with regulation 117(3) of the Representation of the People (England and Wales) Regulations 2001(5), or regulation 117(3) of the Representation of the People (Scotland) Regulations 2001(6), and received by a relevant registration officer before the coming into force of these Regulations(7).

Fees for the supply of marked registers or lists in England and Wales

3.  The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

4.—(1) In regulation 116(1) after sub-paragraph (a) insert—

“(aa) the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Act;”.(8)

(2) In regulation 121(2) after sub-paragraph (a) insert—

“(aa) the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Act;”.

5.  For regulation 120 substitute—

“Calculating the fee for supply of marked registers or lists

120.— (1) The fee to be paid in accordance with regulation 117(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 regulation, 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.”

Fees for the supply of marked registers and lists in Scotland

6.  The Representation of the People (Scotland) Regulations 2001 are amended as follows.

7.  In regulation 116(1) after sub-paragraph (a) insert—

“(aa) the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Act;”.

8.  For regulation 120 substitute—

“Calculating the fee for supply of marked registers or lists

120.— (1) The fee to be paid in accordance with regulation 117(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 regulation, 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.”

Signed by authority of the Secretary of State

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

17th July 2008

EXPLANATORY NOTE

(This note is not part of these Regulations)

Regulations 3 to 5 amend Parts 7 and 8 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (“the 2001 Regulations”), which make provision for the supply and inspection of election documents produced at UK Parliamentary or local government elections in England and Wales.

Regulation 4 provides that any marked notices which amended the electoral register used at a Parliamentary or local election are part of the “marked register or lists” (as defined by regulation 116(1) of the 2001 Regulations) which may be supplied in accordance with Parts 7 and 8 of the 2001 Regulations. Regulation 5 substitutes a new formula for the calculation of the fee for the supply of a copy of the whole or any part of the marked register or lists produced at a Parliamentary or local government election in England and Wales. Before the coming into force of these regulations, the fee was the same as that set out in regulation 111(5) of the 2001 Regulations for the sale of the full register of electors to credit reference agencies and government departments. The new formula will have the effect of reducing the fee payable for supply of this information.

By virtue of the existing provisions in Part 8 of the 2001 Regulations, the new fee will also apply to the supply of marked registers or lists produced at a Welsh Assembly election.

Regulations 6 to 8 make equivalent amendments to the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497). Those amended regulations only apply to documents produced at UK Parliamentary elections in Scotland.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2006 c. 22.

(2)

1983 c. 2. Rule 57(6) was inserted by section 41(5) of the Electoral Administration Act 2006 (c.22).

(3)

2000 c. 41.

(4)

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act (c. 41) and article 5(b) of S.I. 1991/1728.

(5)

S.I. 2001/341, was amended by S.I. 2001/1700, 2002/1871, 2003/3075, 2004/294, 2004/1771, 2004/1848, 2005/2114, 2006/752, 2006/2910, 2006/3406 and 2007/1025. Part 7 of the Regulations was inserted by regulation 59 of S.I. 2006/2910. Part 8 of the regulations, which applies the provision in Part 7 to documents created at Welsh Assembly elections, was inserted by S.I. 2007/1368.

(6)

S.I. 2001/497, was amended by S.I. 2001/1749, 2002/1872, 2003/3075, 2004/1771, 2004/1960, 2006/834, 2007/925, and 2008/305. Regulations 117 and 120 were inserted by regulation 47 of S.I. 2007/925.

(7)

The term “relevant registration officer” is defined: in paragraph 55 and 58 of Schedule 1 to the Representation of the People Act 1983 as amended by section 41 of the Electoral Administration Act; and in section 44 of the Electoral Administration Act 2006.

(8)

Section 13B was substituted, together with sections 13 and 13A by section 8 of, and Schedule 1 to the Representation of the People Act 2000, for section 13 as originally enacted.