The Elections Act 2022 (Commencement No. 7) Regulations 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the seventh commencement regulations made under the Elections Act 2022 (c. 37) (“the Act”), and partially bring into force sections 5 and 14 of, and Schedule 7 to, the Act.

Section 5(5) of the Act inserts new paragraphs 12ZA and 12ZB into Schedule 2 to the Representation of the People Act 1983 (c. 2). Paragraph 12ZA allows provision to be made via regulations relating to the return by hand of postal voting documents to a polling station or to a returning officer at a parliamentary election in Great Britain. Paragraph 12ZB allows similar provision to be made in respect of a parliamentary election in Northern Ireland.

Section 14(1) of the Act substitutes new sections 1 to 1E for existing sections 1 and 2 of the Representation of the People Act 1985 (c. 50). New section 1C sets out the requirements for overseas elector’s declarations, and new section 1C(1)(f) confers powers on the Secretary of State to prescribe additional information and requirements related to those declarations. New section 1D makes provision as to the duration of an overseas elector’s entitlement to be registered, and new section 1D(4)(a) and (b) confer powers on the Secretary of State to make provision about the way in which certain determinations which could end that entitlement are made. New section 1E sets out the requirements for renewal declarations, and new section 1E(1)(e) confers powers on the Secretary of State to prescribe additional information and requirements related to those declarations.

Paragraph 4 of Schedule 7 amends Schedule 2 to the Representation of the People Act 1983 to allow provision to be made in regulations regarding the form and contents of renewal declarations, the manner in which renewal declarations are to be transmitted to the registration officer, and the evidence which may be requested by a registration officer and considered sufficient or conclusive as a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.

Paragraph 14 of Schedule 7 makes transitional provision in respect of overseas electors who are registered pursuant to an overseas elector’s declaration made at any time before the date appointed for section 14 of the Act to come into force fully. Paragraph 14(4) confers a power on the Secretary of State to specify a date (“the specified day”) for the purposes of paragraph 14(3), the effect of which is to extend the period of time for which such an overseas elector is entitled to remain registered.

Paragraph 17 of Schedule 7 confers a power on the Secretary of State to make provision supplementing or incidental to the transitional provision set out in paragraphs 13 to 16 of that Schedule.

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.