The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision related to the expansion of the franchise for parliamentary elections in respect of British citizens overseas by sections 1 to 1E of the Representation of the People Act 1985 (c. 50), as substituted by section 14 of the Elections Act 2022 (c. 37). These Regulations also make provision related to the change to be made to the franchise for local government electors in England by section 15 of the Elections Act 2022 (voting and candidacy rights of EU citizens) and provision related to absent voting arrangements at police and crime commissioner elections in Wales.

Part 2 of these Regulations makes provision related to the expansion of the franchise for parliamentary elections in respect of British citizens overseas. Chapter 1 of Part 2 makes amendments to the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (“the 2001 Regulations”) to reflect the new qualification conditions for registration as an overseas elector and in consequence of the franchise expansion. New regulation 18 of the 2001 Regulations (inserted by regulation 4(2)) prescribes additional requirements for an overseas elector’s declaration. New regulation 22A of the 2001 Regulations (inserted by regulation 4(6)) requires a registration officer to send reminders to a registered overseas elector prior to the expiry of their registration entitlement. New regulations 22B to 22D of the 2001 Regulations (also inserted by regulation 4(6)) make provision related to the content and manner of making of renewal declarations. New regulation 25ZA of the 2001 Regulations (inserted by regulation 5(5)) requires a registration officer to send a reminder to a registered overseas elector ahead of the expiry of their anonymous registration.

Regulation 5(8) makes amendments to regulation 26B of the 2001 Regulations as to the types of additional evidence which can be requested by a registration officer from a person applying to be registered as an overseas elector where further evidence is required to establish the identity of the applicant. Regulation 5(9) inserts new regulations 26C to 26J of the 2001 Regulations, which provide a registration officer with the powers to seek additional evidence from a person applying to be registered as an overseas elector where further evidence is required to establish that the person meets the new qualifications for registration as an overseas elector, as set out in section 1A of the Representation of the People Act 1985. New regulations 29ZAA and 29ZAB of the 2001 Regulations (as inserted by regulation 5(11)) allow for the verification of information provided in an application for registration as an overseas elector against data held by the Department for Work and Pensions. The amendments made by regulation 5(18) and (19) clarify that a registration officer’s powers under regulations 35 and 35A of the 2001 Regulations in relation to local records do not apply for the purpose of verifying information related to an applicant for an absent voting arrangement for parliamentary elections or for local government elections in England. The amendments made by regulation 5(21) to regulation 45 of the 2001 Regulations provide for anonymous entries to be made on the list of overseas electors and for that list to be maintained.

Regulation 6 makes amendments to Part 4 of the 2001 Regulations (absent voters) to require a registration officer to include, as part of a confirmation sent to a registered overseas elector who has successfully applied to appoint a proxy for a period of time longer than the elector’s entitlement to remain registered, a reminder that a fresh signature will be required prior to the end of their entitlement, and providing that the registration officer then requires that fresh signature.

Chapter 2 of Part 2 makes equivalent amendments to the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) to those made to the 2001 Regulations by Chapter 1 of Part 2.

Chapter 3 of Part 2 makes additional consequential amendments to other legislation relating to elections and recall petitions under the Recall of MPs Act 2015 (c. 25).

Part 3 of these Regulations makes provision related to the change to be made to the franchise for local government electors in England by section 15 of the Elections Act 2022 (voting and candidacy rights of EU citizens). Regulation 15 makes additional amendments to provisions of the 2001 Regulations amended in Chapter 1 of Part 2 of these Regulations. Regulation 16 amends the Representations of the People (Franchise Amendment and Eligibility Review) Regulations 2023 to prevent the duplication of notices to relevant persons following the outcome of the review of registration entitlement provided for in Chapter 2 of Part 2 of those Regulations.

Regulation 17 makes transitional provision so that a person who was entitled to stand as a candidate in a local government election, mayoral election or combined authority mayoral election prior to 7th May 2024 remains qualified to stand as a candidate in such an election that is re-run after 7th May 2024 as a result of section 39 of the Representation of the People Act 1983, despite the changes to qualification to be made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022. Regulation 18 makes transitional provision similar to that made by paragraph 12 of Schedule 8 to the Elections Act 2022, to the effect that a person who is elected following a re-run election to which regulation 17 applies remains qualified to hold that office until the end of the term of office following that election.

Part 4 amends the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 to provide that a person is not automatically entitled to vote by post or proxy at a police and crime commissioner election in Wales by virtue of an equivalent entitlement to vote by post or proxy that only applies in respect of local government elections.

Schedule 2 contains transitional and savings provisions related to the expansion of the franchise for parliamentary elections in respect of British citizens overseas.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and community bodies is available from the Department of Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF and published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.