2022 No. 175
The Representation of the People (Proxy Vote Applications) (Coronavirus) (Amendment) Regulations 2022
Made
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 53(1) and 201(3) of the Representation of the People Act 19831 (“the 1983 Act”), paragraphs 4(2) and 6(7) of Schedule 4 to the Representation of the People Act 20002 and sections 58(1) and 154(5) of the Police Reform and Social Responsibility Act 20113 (“the 2011 Act”).
The Secretary of State has consulted the Electoral Commission in accordance with section 7(1) and (2)(e) and (hc) of the Political Parties, Elections and Referendums Act 20004.
In accordance with section 201(2) of the 1983 Act5 and section 154(2) of the 2011 Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.
Citation, commencement, extent, application and interpretation1
1
These Regulations may be cited as the Representation of the People (Proxy Vote Applications) (Coronavirus) (Amendment) Regulations 2022 and come into force on 27th February 2022.
2
Amendments made by these Regulations have the same extent and application as the instruments they are amending, except for—
a
regulation 3, which does not apply in relation to a local government election in Wales, and
b
regulation 4, which does not apply in relation to a local government election in Scotland.
3
The amendments made by regulations 3 to 5 do not apply to an application made in respect of a relevant election or referendum for which the notice of election or referendum was published on or before 27th February 2022.
4
In these Regulations, “relevant election or referendum” means—
a
a parliamentary election;
b
an election of a police and crime commissioner under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 20116;
c
a local government election, within the meaning of section 203(1) of the Representation of the People Act 19837;
d
any other election or referendum to which Part 4 of the Representation of the People (England and Wales) Regulations 20018 is applied (with or without modifications) by another enactment.
Expiry and saving provision2
1
The amendments made by regulations 3 to 5 expire at the end of 28th February 2023.
2
Despite paragraph (1), those amendments continue to have effect after that date in relation to an application made in respect of a relevant election or referendum where—
a
the notice of the election or referendum is published before 1st March 2023, and
b
the poll for that election or referendum takes place on or after that date.
Amendment of the Representation of the People (England and Wales) Regulations 20013
Regulation 56 of the Representation of the People (England and Wales) Regulations 2001 (closing date for applications) is amended as follows—
a
after paragraph (1), insert—
1A
Paragraph (2) is subject to paragraph (2A).
b
in paragraph (2), omit “Subject to paragraph (2A),”;
c
for paragraph (2B)(b)(ii), substitute—
ii
because attendance would be contrary to coronavirus advice given to P;
d
for paragraph (3AA)(b), substitute—
b
because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;
Amendment of the Representation of the People (Scotland) Regulations 20014
Regulation 56 of the Representation of the People (Scotland) Regulations 20019 (closing date for applications) is amended as follows—
a
for paragraph (2B)(b)(ii), substitute—
ii
because attendance would be contrary to coronavirus advice given to P;
b
for paragraph (3B)(b), substitute—
b
because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;
Amendment of the Police and Crime Commissioner Elections Order 20125
In paragraph 16 of Schedule 2 to the Police and Crime Commissioner Elections Order 201210 (closing date for applications), for sub-paragraph (2A)(b), substitute—
b
because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;
Amendment of the Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 20216
Regulation 2 of the Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 202111 (expiry and savings provisions) is amended as follows—
a
in paragraph (1), for “Regulations 3 to 5”, substitute “The amendments made by regulations 3 to 5”
;
b
in the same paragraph, for “28th February 2022”, substitute “28th February 2023”
;
c
in paragraph (2)(a), for “1st March 2022”, substitute “1st March 2023”
.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
(This note is not part of the Regulations)