2022 No. 1401 (C. 110)

Representation Of The People

The Elections Act 2022 (Commencement No. 6 and Savings) Regulations 2022

Made22nd December 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 67(1) and (4) of the Elections Act 20221.

Citation1

These Regulations may be cited as the Elections Act 2022 (Commencement No. 6 and Savings) Regulations 2022.

Provisions coming into force on 16th January 20232

The following provisions of the Elections Act 2022 come into force on 16th January 2023—

a

section 1 (voter identification), so far as it relates to the provisions of Schedule 1 brought into force by paragraph (d);

b

section 2 (power to make regulations about registration, absent voting and other matters), so far as it relates to the provisions of Schedule 2 brought into force by paragraph (e);

c

section 12 (local elections and Assembly elections in Northern Ireland), so far as it relates to the provisions of Schedule 6 brought into force by paragraph (f);

d

the following paragraphs of Schedule 1 (voter identification)—

i

paragraph 1, so far as it relates to the provisions brought into force by sub-paragraphs (ii) to (xiv);

ii

paragraphs 2 to 7, so far as not already in force;

iii

paragraph 8;

iv

paragraph 9, except so far as it inserts “19B,”;

v

paragraph 10, so far as it relates to the provisions brought into force by sub-paragraphs (vi) to (xiv);

vi

paragraphs 12 to 14;

vii

paragraph 15, so far as not already in force, except sub-paragraph (2);

viii

paragraph 16;

ix

in paragraph 17—

aa

sub-paragraph (1), so far as it relates to the provisions brought into force by paragraphs (bb) to (dd);

bb

sub-paragraphs (2) to (6);

cc

sub-paragraph (7), except so far as it inserts paragraph (1DC)(b) and the “and” preceding it;

dd

sub-paragraphs (9) and (10);

x

paragraphs 18 to 23;

xi

paragraph 24, so far as not already in force;

xii

paragraph 25, except so far as it inserts sub-paragraph (dc);

xiii

paragraphs 27 to 32, so far as not already in force;

xiv

paragraph 33;

xv

paragraphs 34 to 37;

xvi

paragraphs 38 to 40;

e

in Schedule 2 (power to make regulations about registration, absent voting and other matters), paragraph 14 so far as not already in force;

f

the following paragraphs of Schedule 6 (local elections in Northern Ireland and elections to the Northern Ireland Assembly)—

i

paragraphs 1 and 6, so far as those paragraphs relates to the provisions brought into force by sub-paragraphs (ii) to (vii);

ii

paragraphs 10 and 11;

iii

in paragraph 13—

aa

sub-paragraph (1), so far as it relates to the provisions brought into force by paragraph (bb);

bb

sub-paragraphs (4) to (6);

iv

in paragraph 14—

aa

sub-paragraph (1), so far as it relates to the provisions brought into force by paragraphs (bb) to (dd);

bb

sub-paragraphs (2) to (6);

cc

sub-paragraph (7), except so far as it inserts paragraph (5C)(b);

dd

sub-paragraphs (8) and (9);

v

paragraph 15;

vi

paragraph 16, so far as not already in force;

vii

paragraphs 17 and 18;

viii

paragraph 23, so far as it relates to the provisions brought into force by sub-paragraph (ix);

ix

in paragraph 26—

aa

sub-paragraph (1), so far as it relates to the provisions brought into force by paragraph (bb);

bb

sub-paragraphs (4) and (5);

x

paragraph 30, so far as not already in force;

xi

paragraphs 35 and 40, so far as they relate to the provision brought into force by sub-paragraph (xii);

xii

paragraph 43.

Savings3

1

The provisions which come into force in accordance with regulation 2(d)(iii), (iv), (vi) to (x) and (xii) to (xv), 2(e) and 2(f)(xi) and (xii) do not apply in relation to—

a

any parliamentary by-election, or any election to the Northern Ireland Assembly, in respect of which the qualifying date is on or before 3rd May 2023;

b

any parliamentary general election in respect of which the qualifying date is on or before 4th October 2023.

2

For the purposes of section 59A(2) of RPA 19832, any parliamentary general election for which the qualifying date is on or before the date stated in paragraph (1)(b) is disregarded.

3

The provisions which come into force in accordance with regulation 2(f)(i) to (x) do not apply in relation to any local election for which the qualifying date is on or before 3rd May 2023.

4

In this regulation, “qualifying date” means the date of the poll as specified in the notice of election published—

a

in respect of a local election, in accordance with rule 4 of Schedule 5 to the Electoral Law Act (Northern Ireland) 19623;

b

otherwise, in accordance with rule 5 of Schedule 1 to RPA 19834.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Scott of BybrookParliamentary Under Secretary of StateDepartment for Levelling Up, Housing and Communities22nd December 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the sixth commencement regulations made under the Elections Act 2022 (c. 37) (“the Act”).

Regulation 2 brings into force certain paragraphs in Schedule 1 to the Act (voter identification) on 16th January 2023. Regulation 2 also brings into force certain paragraphs of Schedule 6 to the Act which make similar provision in relation to local elections in Northern Ireland and elections to the Northern Ireland Assembly.

Regulation 3(1) provides that the amendments made by Schedule 1 to the Act to the conduct rules for parliamentary elections in Schedule 1 to the Representation of the People Act 1983 (c. 2) (“RPA 1983”) (and by Schedule 6 to the Act to those conduct rules as modified by the Schedule to the Elections Act 2001 (c. 7) where the polls of a parliamentary election and local election in Northern Ireland are combined) do not apply in respect of a parliamentary by-election where the day of poll for the election is on or before 3 May 2023, or in respect of a parliamentary general election where the day of poll for the election is on or before 4 October 2023.

Regulation 3(1) also provides that the amendments made by Schedules 1 and 6 to the Act to the conduct rules for elections to the Northern Ireland Assembly in Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) do not apply in respect of an election where the day of poll for the election is on or before 3 May 2023.

Regulation 3(2) provides that the duty under section 59A(1) of RPA 1983 (as inserted by paragraph 7 of Schedule 1 to the Act) for the Secretary of State to prepare and publish a report on the effect of voter identification requirements does not apply in respect of a parliamentary general election to which those voter identification requirements do not apply.

Regulation 3(3) provides that the amendments made by Schedule 6 to the Act to the conduct rules for local elections in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) do not apply in respect of an election where the day of poll for the election is on or before 3 May 2023.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment has been produced in relation to the Act and copies can be obtained at https://bills.parliament.uk/publications/44886/documents/1304 or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

Provision	Date of Commencement	S.I. No.
Sections 1 (partially) and 2 (partially)	27.08.2022	2022/916
Section 9 (partially)	24.11.2022	2022/916
Section 9 (remainder)	29.12.2022	2022/1270
Section 12 (partially)	27.08.2022	2022/916
Section 12 (partially)	24.11.2022	2022/1226
Section 12 (partially)	29.12.2022	2022/1270
Section 13	26.10.2022	2022/1093
Sections 16 to 19	19.08.2022	2022/908
Sections 20 to 29	24.11.2022	2022/1226
In Schedule 1, paragraphs 1 (partially), 2 (partially), 3 (partially), 5 (partially), 6 (partially), 10 (partially), 11 (partially), 15 (partially), 17 (partially), 24 (partially), 30 and 32 (partially)	27.08.2022	2022/916
In Schedule 2, paragraphs 1 to 11 and 14 (partially)	27.08.2022	2022/916
In Schedule 6—
paragraphs 1 (partially) and 6 (partially)	24.11.2022	2022/1226
paragraphs 1 (partially) and 6 (partially)	29.12.2022	2022/1270
paragraph 12 (partially)	24.11.2022	2022/1226
paragraphs 12 (partially), 16 (partially) and 22	29.12.2022	2022/1270
paragraph 30 (partially)	27.08.2022	2022/916
paragraphs 34 (partially), 35 (partially) and 46	29.12.2022	2022/1270