The Voter Identification Regulations 2022

SCHEDULE 1 U.K. Enabling Powers

Commencement Information

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

These Regulations are made under the following powers—

(a) the following provisions of the Representation of the People Act 1983—

(i) sections 9B(1A), 13BD(3), (4), (8), (9), (10) and (11), 13BE(3), (4), (8), (9), (10), (11) and (12), 53(1)(ba) and (4), 56(1) and (5) (including that section as applied in relation to Scotland by section 57(1)) and 201(3)(1);

(ii) in Schedule 1, rule 28(3), 29(3ZA), 40B(1), (2) and (5)(b) and 56A(1), (2) and (3) (including that rule as modified by rule 58(2)(ba))(2);

(iii) in Schedule 2, paragraphs 1(2), (2A) and (4), 1A(1), (2) and (3), 3ZA(1), (2)(a), (2A) and (3A), 8BA(1), (3) and (4), 8C, 10B(1)(a), 11(3) and 13(1) and (1ZB)(3);

(b) section 15(5) of the Representation of the People Act 1985;

(c) paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 (including as applied by section 38A(3) of the Planning and Compulsory Purchase Act 2004(4));

(d) sections 52ZQ and 113(1) and (2) of the Local Government Finance Act 1992(5);

(e) paragraphs 4(2)(c) and 6(7) and (8) of Schedule 4 to the Representation of the People Act 2000(6);

(f) sections 9HE(1), 9MG(2) to (5) and 105(2) and (3) of the Local Government Act 2000;

(g) sections 114(1) and 117(1A) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(7);

(h) section 58(1) (including as extended by section 26(3) of the Welsh Language Act 1993) and 154(5) of the Police Reform and Social Responsibility Act 2011(8);

(i) section 18(1) of the Recall of MPs Act 2015.

(1)

Section 53(1)(ba) was inserted by paragraph 1 of Schedule 2 to the Elections Act 2022 (c. 37). Section 53(4) was inserted by paragraph 109 of Schedule 1 to the Electoral Administration Act 2006 (c. 22). See section 202(1) for the meaning of “prescribed” in section 56(1) and (5). Section 201(3) was inserted by paragraph 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

(2)

See section 202(1) for the meaning of “prescribed” in rules 29(3ZA) and 40B(2) and (5)(b). Rule 28(3) was amended by paragraph 70 of Schedule 1 to the Electoral Administration Act 2006. Rules 56A and 58(2)(ba) were inserted by paragraphs 30 and 32 of Schedule 1 to the Elections Act 2022 respectively.

(3)

Paragraph 1 was amended by paragraph 68(18) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19); by paragraph 24 of Schedule 1 to the Representation of the People Act 2000 (“the 2000 Act”); by section 6 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13); by paragraph 15 of Schedule 1 to the Electoral Administration Act 2006; by section 7(3) of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33); by section 2 of, and paragraph 20 of Schedule 4 to, the Electoral Registration and Administration Act 2013 (c. 6) (“the 2013 Act”); by sections 6(1) and (2) and 20(2)(a) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13) (“the 2014 Act”) and by paragraph 3 of Schedule 2 to the Elections Act 2022 (“the 2022 Act”). See paragraph 1(5A) for the meaning of “registration duties” in paragraph 1. Paragraph 1A was inserted by paragraph 2 of Schedule 2 to the 2013 Act and was amended by section 20(2)(b) of the 2014 Act, by paragraph 18 of Schedule 19 to the Data Protection Act 2018 (c. 12) and by paragraph 4 of Schedule 2 to the 2022 Act. Paragraph 3ZA was inserted by section 2(3) of the 2013 Act, and was amended by paragraph 5 of Schedule 2 to the 2022 Act. Paragraph 8BA was inserted by paragraph 9 of Schedule 2 to the 2022 Act. Paragraph 8C was inserted by paragraph 3 of Schedule 2 to the 2013 Act, and was amended by section 20(2)(c) of the 2014 Act; by paragraph 18 of Schedule 19 to the Data Protection Act 2018; and by paragraph 10 of Schedule 2 to the 2022 Act. Paragraph 10B was inserted, and paragraph 11 was substituted, by section 9(2) of the 2000 Act. Paragraph 13(1) was amended by paragraph 11 of Schedule 6 to the 2000 Act. Paragraph 13(1ZB) was inserted by paragraph 4 of Schedule 2 to the 2013 Act. See section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), the effect of which is that provision made under paragraph 13(1ZB) creating an offence may provide for an offence punishable on summary conviction by a fine of any amount.

(4)

2004 c. 5. Section 38A was inserted by paragraph 7 of Schedule 9 to the Localism Act 2011 (c. 20).

(5)

Section 113(1) and (2) was amended by paragraph 9 of Schedule 1 to the Local Government Act 1999 (c. 27), by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26), by section 80 of the Localism Act 2011 and by S.I. 2013/2597. 2015/1376, 2016/997, 2021/1265.

(6)

See section 202(1) of the Representation of the People Act 1983 (c. 2), as read with paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000 for the meaning of “prescribed”.

(7)

Section 117(1A) was inserted by paragraph 29 of Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1).

(8)

Section 154(5) was amended by S.I. 2014/268, 2021/1265.