Search Legislation

The Voter Identification Regulations 2022

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Voter Identification Regulations 2022, Section 59. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Amendment of Schedule 2 (absent voting in PCC elections)U.K.

This section has no associated Explanatory Memorandum

59.—(1) Schedule 2 (absent voting in PCC elections) is amended as follows.

(2) In Part 2 (applications for absent vote)—

(a)in paragraph 11 (general requirements for applications for absent vote), in sub-paragraph (6), at the end insert “and (where applicable) paragraph 14A”;

(b)after paragraph 14 (additional requirements: applications for the appointment of a proxy in respect of a particular PCC election) insert—

Additional requirements: applications for the appointment of a proxy on grounds relation to voter identification

14A.(1) This paragraph applies where—

(a)an application under paragraph 5(4) for the appointment of a proxy for the purposes of voting by proxy at a particular PCC election is made by a person (“A”);

(b)A has previously appointed a person (“B”) as A’s proxy for those purposes;

(c)at the time of making the application, B’s appointment remains in force; and

(d)A’s application is made on grounds relating to voter identification which relate to B.

(2) A’s application must—

(a)state that this paragraph applies, and

(b)state, to the best of A’s knowledge and belief, which of the conditions set out in paragraph 16A apply in respect of B.

(3) In sub-paragraph (1)—

(a)in paragraph (a), the reference to an application under paragraph 5(4) includes such an application which is included in an application under paragraph 3(2);

(b)in paragraph (d), “grounds relating to voter identification” has the meaning given in paragraph 16A..

(c)after paragraph 15A (additional requirements referred to in paragraph 14(5A)) insert—

Additional requirements for an application under paragraph 3(2) for a proxy vote: grounds related to voter identification

15B.(1) Subject to sub-paragraph (2), this paragraph applies to an application under paragraph 3(2) to which paragraph 16(2C) applies.

(2) This paragraph does not apply where—

(a)the application under paragraph 3(2) includes an application under paragraph 5(4), and

(b)paragraph 14A(2) applies to that application under paragraph 5(4).

(3) Where this paragraph applies, the application under paragraph 3(2) must (in addition to any other information required by this Part)—

(a)state that it is made on grounds relating to voter identification, and

(b)states which of the conditions set out in paragraph 16A apply to the applicant.

(4) In this paragraph, “grounds relating to voter identification” has the meaning given in paragraph 16A.;

(d)in paragraph 16 (closing date for applications)—

(i)in sub-paragraph (1), after “sub-paragraph (2)” insert “and (2C)”;

(ii)before sub-paragraph (3) insert—

(2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.;

(e)after paragraph 16 insert—

Grounds relating to voter identification

16A.(1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B—

(a)condition 1, 2, 3 or 4, and

(b)except where B has an anonymous entry on the register of electors, condition 5.

(2) In this paragraph, “B” means—

(a)the applicant, where—

(i)the application is made under paragraph 3(2), and

(ii)paragraph 14A(2) does not apply to the application made under paragraph 5(4) which is included in that application under paragraph 3(2);

(b)otherwise, the person already appointed as the applicant’s proxy at the time the application is made.

(3) Condition 1 is that—

(a)immediately before the deadline, B has a specified document which B intends to use to vote in person at a PCC election, and

(b)after that deadline, that document is—

(i)lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that election, or

(ii)sent by B to another person to prove B’s identity and B considers that it is unlikely to be returned to B on or before the day of poll at that election.

(4) Condition 2 is that—

(a)at a time during the period of 3 months ending with the deadline, B has applied for a specified document,

(b)immediately before the deadline, B has not received that document, and

(c)the application for the specified document has not been refused or withdrawn.

(5) Condition 3 is that—

(a)B has an anonymous entry on the register of electors, and

(b)either—

(i)B has not been issued with an anonymous elector’s document, or

(ii)B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration).

(6) Condition 4 is that—

(a)B has a temporary electoral identity document which is valid for use on the day of poll at a PCC election, and

(b)before B is able to vote in person at such an election using that document, proceedings at B’s polling station are adjourned in accordance with rule 46 of Part 3 of Schedule 3 (adjournment of poll in case of riot).

(7) Condition 5 is that B does not have access to another specified document.

(8) In this paragraph—

(a)“anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022;

(b)the “deadline” means 5 pm on the sixth day before the date of the poll at the PCC election for which an application is made, and paragraph 16(5) applies for the purposes of computing the sixth day as it applies for the purposes of computing a period of days for the purposes of paragraph 16;

(c)specified document” has the meaning given in rule 39(2I) of Part 3 of Schedule 3..

(3) In Part 3 (issue and receipt of ballot papers)—

(a)in paragraph 29 (combination of polls), in paragraph (3), for “an Assembly” substitute “a Senedd”;

(b)in paragraph 59 (forwarding of documents), in paragraph (2A), for “an Assembly” substitute “a Senedd”.

(4) In Part 4 (forms), for Form 1 (proxy paper) substituted the corresponding form in Part 1 of Schedule 10.

Commencement Information

I1Reg. 59 in force at 16.1.2023, see reg. 1(3)

Back to top

Options/Help

Print Options

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources