The Voter Identification Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision related to the requirement for voters to present photographic identification when voting at polling stations at UK Parliamentary elections in Great Britain. These Regulations also create a similar requirement for persons voting at polling stations at Police and Crime Commissioner elections in England and Wales, and local government elections and referendums in England, and a similar requirement for persons signing a recall petition held in Great Britain under the Recall of MPs Act 2015 (c. 25) when signing the petition at a petition signing place.

Part 2 makes provision as to the content of applications for electoral identity documents made under section 13BD of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) and of applications for anonymous elector’s documents under section 13BE of the 1983 Act (together “identity document applications”). Part 2 also makes provision as to the manner in which identity document applications can be made, and as to the verification of information provided in an identity document application by the registration officer using information or evidence from other sources.

Part 3 makes provision as to the determination of these applications, including the circumstances in which determination must be postponed (regulation 10), provision relating to an appeal against a refusal of an application (regulation 12) and the processing of information contained within or connected to an identity document application following determination (regulation 14).

Part 4 makes provision related to anonymous elector’s documents, electoral identity documents and temporary electoral identity documents. Regulation 15 requires the Electoral Commission to create designs of those documents for use by registration officers. Regulations 16 and 17 relate to the issuing and delivery or collection of anonymous elector’s documents and electoral identity documents. Regulations 18 and 19 make provision about issuing temporary electoral identity documents. Regulation 20 sets out the requirements of the record of anonymous elector’s documents and electoral identity documents to be kept by registration officers, and regulations 21 to 23 contain restrictions upon the supply, disclosure or use of information from that record. Regulation 24 creates a criminal offence for failure to comply with those restrictions.

Part 5 makes further provision in relation to anonymous elector’s documents. Regulations 25 and 26 require registration officers to issue reminders to electors with anonymous entries on a register of parliamentary electors in Great Britain or a register of local government electors in England or Wales regarding the need for an anonymous elector’s document in order to vote in person or sign a recall petition signing sheet in person. Regulations 27 to 30 make provision about the replacement of anonymous elector’s documents by registration officers in certain circumstances.

Part 6 prescribes the form of the ballot paper refusal list for UK parliamentary elections (regulation 31), and the circumstances in which a ballot paper refusal list completed in relation to an election or a signing sheet refusal list completed in relation to a recall petition can be inspected and information recorded in that list disclosed (regulation 32).

Part 7 makes provision about the collection and collation of information relating to certain elections which is to be used by the Secretary of State for the preparation of reports on voter identification requirements in pursuance of section 59A of the 1983 Act.

Part 8 makes amendments to Part 6 of the Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111) and Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), which modify the parliamentary elections rules set out in Schedule 1 to the 1983 Act where the poll for a UK parliamentary election is combined with one or more other polls in England and Wales and Scotland respectively.

Part 9 makes amendments to the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) and the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), including amendments providing for emergency applications to be made by voters to vote by proxy on grounds relating to voter identification.

Part 10 amends various instruments to make equivalent amendments to election, referendum and recall petition rules to those made to the UK parliamentary election rules in Schedule 1 to the 1983 Act by Schedule 1 to the Elections Act 2022 (c. 37), and, in relation to Police and Crime Commissioner elections and recall petitions, equivalent amendments to those made by Part 9 of these Regulations providing for emergency proxy applications to be made on grounds relating to voter identification.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and community bodies is available from the Department of Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF and published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.