Part 3Anti-fraud measures

I114Absent voting: personal identifiers

1

In paragraph 3 of Schedule 4 to the Representation of the People Act 2000 (c. 2) (application for absent vote for definite or indefinite period)—

a

in sub-paragraph (1)(b), after “application” insert “ contains the applicant's signature and date of birth and ”;

b

in sub-paragraph (2)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;

c

after sub-paragraph (7) insert—

8

The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—

a

to provide a signature because of any disability the applicant has,

b

to provide a signature because the applicant is unable to read or write, or

c

to sign in a consistent and distinctive way because of any such disability or inability.

9

The registration officer must also keep a record in relation to those whose applications under this paragraph have been granted showing—

a

their dates of birth;

b

except in cases where the registration officer in pursuance of sub-paragraph (8) has dispensed with the requirement to provide a signature, their signatures.

10

The record kept under sub-paragraph (9) must be retained by the registration officer for the prescribed period.

2

In paragraph 4 of that Schedule (application for absent vote at particular election)—

a

in sub-paragraph (1)(b), after “application” insert “ contains the applicant's signature and date of birth and ”;

b

in sub-paragraph (2)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;

c

after sub-paragraph (4) insert—

5

The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—

a

to provide a signature because of any disability the applicant has,

b

to provide a signature because the applicant is unable to read or write, or

c

to sign in a consistent and distinctive way because of any such disability or inability.

6

The registration officer must keep a record of those whose applications under this paragraph have been granted showing—

a

their dates of birth;

b

except in cases where the registration officer in pursuance of sub-paragraph (5) has dispensed with the requirement to provide a signature, their signatures.

7

The record kept under sub-paragraph (6) must be retained by the registration officer for the prescribed period.

3

In paragraph 7 of that Schedule (application for proxy postal vote)—

a

in sub-paragraph (5)(c), after “application” insert “ contains the applicant's signature and date of birth and ”;

b

after sub-paragraph (10) (as inserted by section 38(6)(b) of this Act) insert—

11

The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—

a

to provide a signature because of any disability the applicant has,

b

to provide a signature because the applicant is unable to read or write, or

c

to sign in a consistent and distinctive way because of any such disability or inability.”

12

The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4)(a) or (b) have been granted showing—

a

their dates of birth;

b

except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures.

13

The record kept under sub-paragraph (12) must be retained by the registration officer for the prescribed period.

4

After paragraph 7 of that Schedule insert—

Provision of fresh signatures

7A

1

A person who remains on the record kept under paragraph 3(4) or 7(6) may, at any time, provide the registration officer with a fresh signature.

2

Anything required or authorised to be done for the purposes of any enactment in relation to a signature required to be provided in pursuance of this Schedule must be done in relation to a signature provided as mentioned in sub-paragraph (1) instead of in relation to a signature provided on any earlier occasion.

7B

Regulations may make provision as to—

a

circumstances in which a registration officer may require a person who remains on the record kept under paragraph 3(4) or 7(6) to provide a fresh signature;

b

the consequences of a person refusing or failing to comply with a requirement to provide a fresh signature.

Use of personal identifier information

7C

The registration officer must either —

a

provide the returning officer for an election with a copy of the information contained in records kept by the registration officer in pursuance of paragraphs 3(9), 4(6) and 7(12) in relation to electors at the election, or

b

give the returning officer access to such information.

7D

Information contained in records kept by a registration officer in pursuance of paragraph 3(9), 4(6) or 7(12) may be disclosed by him (subject to any prescribed conditions) to—

a

any other registration officer if he thinks that to do so will assist the other registration officer in the performance of his duties;

b

any person exercising functions in relation to the preparation or conduct of legal proceedings under the Representation of the People Acts;

c

such other persons for such other purposes relating to elections as may be prescribed.

5

The Secretary of State may by regulations make provision—

a

enabling the registration officer to require an existing absent voter to provide the registration officer with a signature and date of birth;

b

as to the consequences of an existing absent voter refusing or failing in such circumstances as are prescribed to provide a signature and date of birth.

6

An existing absent voter is a person whose application under any of the following provisions of that Schedule has been granted before this section comes into force—

  • paragraph 3(1) or (2);

  • paragraph 4(1) or (2);

  • paragraph 7(4).

7

The regulations—

a

may make different provision for different purposes;

b

must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

8

Nothing in this section or the amendments made by it has effect in relation to anything which is done only for the purposes of a local government election in Scotland.