Statutory Instruments
Representation Of The People
Made
4th November 2019
Coming into force in accordance with regulation 1
The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 53(1) and (3) and 201(3) of, and paragraphs 1(2), 1A and 13(1ZB) of Schedule 2 to, the Representation of the People Act 1983 M1 (“the 1983 Act”), and sections 7(1) and (2), and 11(3), (4) and (5) of the Electoral Registration and Administration Act 2013 M2 (“the 2013 Act”).
The Minister for the Cabinet Office has consulted the Electoral Commission in accordance with section 53(5) of the 1983 Act M3 and section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000 M4, and has consulted the Information Commissioner and such other persons as he considered appropriate in accordance with section 53(5) of the 1983 Act.
In accordance with section 201(2) of the 1983 Act M5 and section 11(2) of the 2013 Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament. In accordance with section 8(6) of the 2013 Act, the draft instrument was accompanied by a report of the Electoral Commission.
Marginal Citations
M11983 c. 2 (“the 1983 Act”). Section 53(1) was amended by section 24 and paragraph 13(b) of Schedule 4 to the Representation of the People Act 1985 (“the 1985 Act”), and paragraph 13(b) of Schedule 1, and Part 1 of Schedule 7, to the Representation of the People Act 2000 (c. 2) (“the 2000 Act”). Section 201(3) was inserted by paragraph 21 of Schedule 1 to the 2000 Act. Paragraph 1A was inserted by paragraphs 1 and 2 of Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6) (“the 2013 Act”) and was amended by paragraph 18(1) and (2) of Schedule 19 to the Data Protection Act 2018 (c. 12). Paragraph 13(1ZB) was inserted by paragraph 4 of Schedule 2 to the 2013 Act. “Prescribed” in paragraph 13(1ZB) means, as defined in section 202, prescribed by regulations. Under article 3 of, and Schedule 1, paragraph (a) to, the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997) (“the 2016 Order”) these powers are exercisable concurrently by the Secretary of State and the Minister for the Cabinet Office. A consequential amendment substituting section 199ZA of the 1983 Act was accordingly made by paragraph 3 of Schedule 2 to the 2016 Order. So far as the functions of the Secretary of State and Minister for the Cabinet Office are exercisable within devolved competence those functions were transferred to the Welsh Ministers by virtue of article 45 of and paragraph 7 of Schedule 1 to the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644) (“the 2018 Order”). By virtue of section 9 of the Scotland Act 2016 (c. 11) the 1983 Act is a pre-commencement enactment within the meaning of the Scotland Act 1998 (c. 46), so far as the functions of the Secretary of State under the 1983 Act are exercisable within devolved competence. As a result, those functions which are exercisable within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
M22013 c. 6. Powers under section 7 and 11 of the 2013 Act are vested in “the Minister”, which is defined in section 25 of that Act. By virtue of article 3 of, and Schedule 1, paragraph (s), to the 2016 Order these powers are exercisable by the Secretary of State concurrently with the Minister for the Cabinet Office. A consequential amendment to section 25(1) was accordingly made by paragraph 26 of Schedule 2 to the 2016 Order. So far as the functions of the Secretary of State and Minister for the Cabinet Office are exercisable within devolved competence those functions were transferred to the Welsh Ministers by virtue of article 45 of and paragraph 7 of Schedule 1 to the 2018 Order. By virtue of section 9 of the Scotland Act 2016 the 2013 Act is a pre-commencement enactment within the meaning of the Scotland Act 1998 (c. 46), so far as the functions of the Minister for the Cabinet Office under the 2013 Act are exercisable within devolved competence. As a result, those functions which are exercisable within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
M3Section 53(5) was inserted by paragraph 5 of Schedule 2 to the 2013 Act.
M42000 c. 41. There are amendments to section 7 but none is relevant to this instrument.
M5Section 201(2) was substituted by paragraph 69 of Schedule 4 to the 1985 Act and amended by article 5(b) of S.I. 1991/1728, paragraph 6(1) and 7(b) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13) (“the 2014 Northern Ireland Act”).