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Electoral Registration and Administration Act 2013

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This is the original version (as it was originally enacted).

PART 1Introduction

Applications for registration etc made before commencement

1The amendments made by Part 1 of this Act do not apply in relation to an application made before the commencement date (even if it is determined later).

Meaning of “commencement date”

2In this Schedule “commencement date” means the date appointed for sections 1 and 4 and Schedule 1 to come fully into force.

Meaning of “new application for registration” and “successful” new application

3(1)For the purposes of this Schedule, a person (“P”) makes a “new application for registration” in a register maintained by a registration officer in Great Britain if—

(a)an application for registration in the register under section 10ZC of the Representation of the People Act 1983 is made in respect of P, or

(b)an application for alteration of the register under section 10ZD of that Act is made in respect of P.

(2)For the purposes of this Schedule, a new application for registration is “successful”—

(a)in the case of an application within sub-paragraph (1)(a), if the officer determines that P is to be entered in the register (or that P would be entered in the register had P not already been registered);

(b)in the case of an application within sub-paragraph (1)(b), if the officer determines that P’s entry in the register is to be altered.

Checking of old entries and meaning of “confirmation” of entitlement to remain registered

4(1)The Minister may by order require a registration officer in Great Britain to take specified steps to check whether each person who has an entry in a register maintained by the officer is entitled to remain registered.

(2)For the purposes of this Schedule a person’s entitlement to remain registered has been “confirmed” if, having taken steps in accordance with an order under sub-paragraph (1), the registration officer is satisfied that there is evidence of a kind specified in the order to support the person’s entitlement to be registered.

(3)An order under this paragraph may make further provision about checking or confirming a person’s entitlement to remain registered, including—

(a)provision of the kind mentioned in paragraph 1A or 13(1ZB) to (1ZD) of Schedule 2 to the Representation of the People Act 1983 (inserted by Schedule 2 to this Act);

(b)provision requiring a registration officer to have regard to guidance given by the Minister (including guidance of the kind mentioned in section 1(4));

(c)provision requiring a registration officer who has confirmed a person’s entitlement, to notify that person in a specified manner and within a specified period;

(d)provision requiring the notification to be accompanied by, or combined with, other documents.

(4)Subsections (5) to (8) of section 53 of the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) apply in relation to an order containing provision of the kind mentioned in sub-paragraph (3)(a) above as they apply in relation to the regulations mentioned in subsection (5) of that section.

(5)Nothing in this paragraph requires a registration officer to take steps to check the entitlement of a person to remain registered in a register if—

(a)the person’s entry in the register was carried forward on the conclusion of the final old canvass (see paragraph 5(2)),

(b)the person has made a successful new application for registration in the register, or

(c)the person is a relevant person for the purposes of Part 5 or 6 of this Schedule.

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