The Voter Identification Regulations 2022

CHAPTER 4 U.K. Record of issued documents

Record of anonymous elector’s documents and electoral identity documents E+W+S

20.—(1) A registration officer must keep a record of all anonymous elector’s documents and electoral identity documents issued by the registration officer (in this Chapter, “the record”).

(2) The registration officer must—

(a) as soon as reasonably practicable after issuing an anonymous elector’s document or electoral identity document in accordance with regulation 16, 29 or 30(3), make an entry in the record for that document;

(b) keep entries related to electoral identity documents in a separate part of the record from those related to anonymous elector’s documents.

(3) An entry made in accordance with paragraph (2)(a) must contain the following—

(a) the date of issue and the appropriate identifier of the document;

(b) the full name of the person to whom the document was issued;

(c) the address provided by the person in accordance with regulation 4(1)(b);

(d) any address provided by the person in accordance with regulation 4(1)(c);

(e) any indication given by the person in accordance with regulation 4(1)(f);

(f) any indication given by the person in accordance with regulation 4(1)(h);

(g) a copy of the person’s photograph provided in accordance with regulation 4(3);

(h) any email address or telephone number provided in accordance with regulation 4(4);

(i) in respect of an electoral identity document, the name of the local authority by which the registration officer is appointed;

(j) an indication of whether a temporary electoral identity document was also issued in accordance with regulation 18, and if so—

(i) the appropriate identifier of that temporary electoral identity document, and

(ii) the relevant date (which has the meaning given in regulation 18(4)(b)).

(4) Where—

(a) an anonymous elector’s document is issued in accordance with regulation 29 or 30(3), the reference in paragraph (3)(g) to a photograph provided in accordance with regulation 4(3) is to be read as a reference to the photograph contained in the issued document record entry for the anonymous elector’s document referred to in regulation 27(1)(a) or 30(1)(a) (as the case may be);

(b) an anonymous elector’s document is issued in accordance with regulation 29—

(i) the reference in paragraph (3)(c) to the address provided in accordance with regulation 4(1)(b) is to be read as a reference to the address referred to in regulation 29(4)(a)(ii)(cc);

(ii) the reference in paragraph (3)(d) to any address provided in accordance with regulation 4(1)(c) is to be read as a reference to an address referred to in regulation 29(4)(a)(ii)(aa) or (bb);

(iii) the reference in paragraph (3)(e) to regulation 4(1)(f) is to be read as a reference to regulation 28(d).

(5) The registration officer must—

(a) delete any information included in an entry in accordance with paragraph (3)(c) to (f) and (h) at the end of the first retention period for that entry;

(b) delete any information included in an entry in accordance with paragraph (3)(j) at the end of the second retention period for that entry;

(c) delete an entry from the record at the end of the third retention period for that entry.

(6) In paragraph (5), in relation to an entry in the record—

(a) “the first retention period” is the period beginning with the day on which the entry is made and ending—

(i) where the entry relates to an electoral identity document, ending with the day which is 28 working days after the date of issue for that document;

(ii) where the entry relates to an anonymous elector’s document, ending with the day which is 15 months after the date of issue for that document;

(b) “the second retention period” is the period beginning with the day on which the entry is made and ending on the second 1st July following the date of issue for the electoral identity document to which the entry relates;

(c) “the third retention period” is the period beginning with the day on which the entry is made and ending on the tenth 1st July following the date of issue for the anonymous elector’s document or electoral identity document to which the entry relates.

(7) In paragraph (6)(a)(i), “working day” means any day other than a Saturday, Sunday, Good Friday, Christmas Eve, Christmas Day or a bank holiday; and for these purposes “bank holiday” has the meaning given in regulation 14(7).

Commencement Information

I1 Reg. 20 in force at 16.1.2023, see reg. 1(3)

Duties of registration officer and staff in relation to the record E+W+S

21.—(1) This regulation applies to—

(a) a registration officer,

(b) a deputy registration officer, and

(c) any person appointed to assist any such officer or who in the course of the person’s employment is assigned to assist such officer in that officer’s functions under section 13BD or 13BE of the 1983 Act.

(2) Where a registration officer is also the relevant officer at any relevant election, petition or referendum, this regulation applies to—

(a) the registration officer acting in that capacity,

(b) any person appointed as a deputy to the registration officer acting in that capacity, and

(c) any person appointed to assist a person mentioned in sub-paragraph (a) or (b) or who in the course of the person’s employment is assigned to assist a person mentioned in sub-paragraph (a) or (b) in respect of the relevant election, petition or referendum in question.

(3) This regulation also applies to a person—

(a) to whom a copy of the record is supplied or information from the record is disclosed in accordance with paragraph (4), and

(b) who is not a person to whom this regulation applies by virtue of paragraph (1) or (2).

(4) A person to whom this regulation applies must not—

(a) supply to any person a copy of the record,

(b) disclose information contained in it, or

(c) make use of such information,

otherwise than in accordance with an enactment (including these Regulations) or the order of any court or tribunal made at any hearing or during the course of any proceedings.

(5) Nothing in paragraph (4) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with either person’s functions under section 13BD or 13BE of the 1983 Act or for the purposes of a relevant election, petition or referendum.

(6) A person to whom this regulation applies must take proper precautions for the safe custody of the record.

(7) In paragraph (4), “enactment” has the same meaning as in section 17(2) of the Representation of the People Act 2000(1).

(8) In this regulation and in regulations 22 and 23, “record” includes a part of the record.

Commencement Information

I2 Reg. 21 in force at 16.1.2023, see reg. 1(3)

Supply, disclosure and use of record for the purposes of relevant elections, petitions and referendums E+W+S

22.—(1) A registration officer may upon request supply a copy of the record to a relevant officer for the purposes of a relevant election, petition or referendum.

(2) A person to whom a copy of the record has been supplied under this regulation must not—

(a) supply to any person a copy of the record,

(b) disclose any information contained in it, or

(c) make use of any such information,

other than for the purposes of a relevant election, petition or referendum (as the case may be).

(3) Each person supplied with a copy of the record under this regulation must take proper precautions for its safe custody.

Commencement Information

I3 Reg. 22 in force at 16.1.2023, see reg. 1(3)

Supply of the record to police forces and other organisations U.K.

23.—(1) Subject to paragraph (2), a registration officer must upon request supply a copy of the record to—

(a) any police force in Great Britain,

(b) the Police Service of Northern Ireland or the Police Service of Northern Ireland (Reserve),

(c) any body of constables established under an Act, or

(d) the National Crime Agency.

(2) The registration officer must not supply a copy of the record in accordance with paragraph (1) where that record contains the whole or part of an issued document record entry relating to an anonymous elector’s document unless the request is made in writing by—

(a) in the case of forces and organisations mentioned in paragraph (1)(a) to (c), an officer of a rank senior to that of superintendent;

(b) in the case of the National Crime Agency, the Director General of that Agency.

(3) A constable, officer or employee of any of the forces or organisations mentioned in paragraph (1) must not—

(a) supply to any person a copy of the record,

(b) disclose any information contained in it, or

(c) make use of any such information,

otherwise than for the purposes of the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or Scotland or elsewhere).

(4) Each person supplied with a copy of the record under this regulation must take proper precautions for its safe custody.

(5) Paragraphs (3) and (4) also apply to a person—

(a) to whom a copy of the record is supplied or information from the record is disclosed in accordance with paragraph (3), and

(b) who is not a constable, officer or employee of any of the forces or organisations mentioned in paragraph (1);

as those paragraphs apply to such a constable, officer or employee.

Commencement Information

I4 Reg. 23 in force at 16.1.2023, see reg. 1(3)

Offence in respect of contravention of regulation 21(4) or (6), 22(2) or (3) or 23(3) or (4) U.K.

24.—(1) A person (“ B”) who fails to comply with regulation 21(4) or (6) or 22(2) or (3) is guilty of an offence and is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland, to a fine not exceeding the statutory maximum.

(2) A person (“B”) who fails to comply with regulation 23(3) or (4) is guilty of an offence and is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum.

(3) It is a defence for B to show that B took all reasonable steps to comply with regulation 21(4) or (6), 22(2) or (3) or 23(3) or (4) (as the case may be).

Commencement Information

I5 Reg. 24 in force at 16.1.2023, see reg. 1(3)

(1)

2000 c. 2.