The Neighbourhood Planning (Referendums) Regulations 2012

[F1 Supply of copy of business voting register to public libraries and local authority archives services, and restrictions on use E+W

39.— (1) A public library or a local authority archives service may request the business registration officer to supply free of charge the relevant part of the business voting register.

(2) Such a request shall—

(a) be made in writing, and

(b) state whether a printed copy is requested instead of the version in data form.

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(b), the copy of a document supplied under this sub-paragraph shall be in data form.

(4) The business registration officer shall supply the relevant part of the business voting register in accordance with a request that has been duly made.

(5) Subject to sub-paragraph (8), no person employed by the public library or the local authority archives service may—

(a) supply a copy of the relevant part of the business voting register other than to another such person or to a person using the library or the archives service to inspect it under supervision;

(b) disclose any information contained in it otherwise than by allowing a person using the library or the archives service to inspect it under supervision; or

(c) make use of any such information.

(6) Where a copy of the relevant part of the business voting register is made available for inspection in accordance with sub-paragraph (5)(a) or (b) by providing the register on a computer screen or otherwise in data form, the library or the archives service shall 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 means.

(7) A person who inspects a copy of the relevant part of the business voting register, 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.

(8) The public library or local authority archives service is not prohibited from supplying a copy of, or disclosing information contained in the relevant part of the business voting register where—

(a) more than ten years have expired since that business voting register was first published in accordance with paragraph 30; and

(b) the supply or disclosure is for [F2 Article 89 GDPR purposes in accordance with the relevant requirement].

(9) No person who obtains a copy of the relevant part of the business voting register or to whom information contained in it is disclosed under the circumstances described in sub-paragraph (8) may—

(a) supply a copy of it;

(b) disclose such information, or

(c) make use of any such information,

otherwise than for [F2 Article 89 GDPR purposes in accordance with the relevant requirement].

(10) In this paragraph—

“library authority” has the same meaning as in section 206 of the Local Government Act 1972;

“local authority archives service” means an archives service established by—

(a)

a county council;

(b)

a district council;

(c)

a London borough council;

(d)

the Common Council of the City of London, or

(e)

the Council of the Isles of Scilly,

in exercise of its functions under the Local Government (Records) Act 1962;

“public library” means a library maintained by a library authority.

(11) For the purposes of this paragraph the relevant part of the business voting register is so much of it as a public library or local authority archives service has been given responsibility for keeping by a library authority or local authority respectively.]

Textual Amendments

F1 Sch. 6 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 1

F2 Words in Sch. 6 para. 39(8)(9) substituted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 376 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)