The Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make amendments to subordinate legislation in consequence of provisions contained in the Elections Act 2022 (c. 37) (“the Act”). The amendments made by these Rules complement provisions in the Act relating to the handling of postal voting documents by political campaigners (section 4); handing in postal voting documents (section 5); the requirements relating to secrecy (section 7); and the extension of the franchise for parliamentary elections to British citizens overseas (section 14).

Rule 2 amends the Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1) in consequence of the amendments made to section 66 of the Representation of the People Act 1983 (c. 2) by section 7 of the Act.

Rules 3 to 5 amend the Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304), the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305) and the Greater London Authority Elections Rules 2007 (S.I. 2007/3541) respectively. These consequential amendments to the rules governing the conduct of local government elections in England, relating to the new procedures for the handing in of postal voting documents at polling stations, clarify that a person who is handing in a postal vote is entitled to admission into a polling station for that purpose, and that a postal ballot paper is only duly returned if it does not fall to be rejected in accordance with the new postal vote handling procedures set out in the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341). Additionally, the Rules update prescribed forms for use at those elections.

Rule 6 revokes the Holders of Hereditary Peerages (Overseas Electors) (Transitional Provisions) Order 2001 (S.I. 2001/84), which is redundant as a result of the expanded franchise for British citizens overseas.

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.