The Representation of the People (England and Wales) Regulations 2001

[F1 Sale of edited anhd full registers and specified restrictions E+W

Textual Amendments

F1 Pt. 6 inserted (16.10.2002) by The Representation of the People (England and Wales) (Amendment) Regulations 2002 (S.I. 2002/1871), regs. 2(2), 15 (with reg. 2(3))

Sale of edited register E+W

110.— (1) The registration officer shall supply a copy of the edited register to any person on payment of a fee calculated in accordance with paragraph (2) below.

(2) In the case of the register—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

Sale of full register etc: restrictions on supply, charges, etc E+W

111.— (1) The registration officer may not sell a copy of—

(a) the full register,

(b) any notice under section 13A(2) or 13B(3) of the 1983 Act altering the register (“a relevant notice”), or

(c) the list of overseas electors,

except to a person who is entitled under regulation 113 or 114 below to purchase them.

(2) The fee for such sale is to be calculated in accordance with paragraphs (3) to (6) below.

(3) Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5) below; and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.

(4) Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) below shall be applied to that notice.

(5) Subject to paragraph (3) above, in the case of the register or a relevant notice—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.

(6) In the case of the list of overseas electors—

(a) in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and

(b) in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.

(7) In any copy of the full register [F2 or any copy of a notice under section 13A(2) or 13B(3) [F3 , (3B) or (3D)] of the 1983 Act] which is sold in accordance with regulations 112 to 114 below, the letter “Z” shall be placed against the [F4 entry] of any person whose [F4 entry] is not included in the edited version of the register.

Textual Amendments

F2 Words in reg. 111(7) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 22

F3 Words in reg. 111 inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 28 (with reg. 1(2)(3)(a))

F4 Word in reg. 111(7) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 16

Sale of full register etc: general provisions E+W

112.— (1) This regulation applies in respect of the supply on payment of a fee of copies of the full register, including any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, in accordance with regulations 113 and 114 below.

(2) The registration officer shall not supply a printed copy of the full register under those regulations if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.

(3) In those regulations, “the relevant restrictions” means the restrictions set out in paragraphs (4) and (5) below.

(4) No person in an organisation to which a copy of the register has been supplied under regulations 113 or 114 below may—

(a) supply a copy of the full register to any person,

(b) disclose any information contained in it (and not contained in the edited register), or

(c) make use of any such information,

other than for the purpose set out in the regulation by virtue of which the full register has been supplied.

(5) The restrictions in paragraph (4) above apply to a person to whom a copy of the full register has been supplied in accordance with regulations 113 and 114 below or to whom information contained in it has been so disclosed as it applies to a person in the organisation to which the copy of the full register was supplied under the regulation in question.

(6) In regulations 113 and 114 below, “a relevant document” means—

(a) the full register published under section 13(1) or (3) of the 1983 Act;

(b) any notice published under section 13A(2) or 13B(3) [F5 , (3B) or (3D)] of that Act amending it; and

(c) the list of overseas electors.

(7) A request for a copy of the full register, or of any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, as the case may be, must be made in writing and must—

(a) specify the documents required;

(b) state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent documents on publication for as long as the person making the request pays for them; and

(c) state whether a printed copy of any document is requested instead of the version in data form.

Textual Amendments

F5 Words in reg. 112 inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 28 (with reg. 1(2)(3)(a))

Sale of full register to government departments [F6 and other bodies] E+W

113.— (1) Subject to regulation 112(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 111 above a copy of a relevant document [F7 to—

(a) a government department;

(b) the Environment Agency;

(c) the [F8 Financial Conduct Authority;]

[F9 (ca) the Prudential Regulation Authority; or]

(d) a body not falling within sub-paragraphs (a) to [F10 (ca)] which carries out the vetting of any person for the purpose of safeguarding national security,

other than [F11 a department to which regulation 108A applies or ] a force or organisation to which regulation 109(1) applies.]

[F12 (2) For the purposes of regulation 112(3), the relevant restrictions apply—

(a) in the case of a body falling within sub-paragraphs (a) to (c) of paragraph (1), except for the purpose of—

(i) the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere);

(ii) the vetting of employees and applicants for employment where such vetting is required pursuant to any enactment;

(iii) the vetting of any person where such vetting is for the purpose of safeguarding national security; or

(iv) supply and disclosure in accordance with paragraphs (3) to (6); and

(b) in the case of a body falling within sub-paragraph (d) of paragraph (1), except for the purpose of the vetting of any person where such vetting is for the purpose of safeguarding national security.]

(3) A government department [F13 , other than one mentioned in [F14 regulation 108A]] may supply (whether or not on payment) a copy of the full register to a person (“an authorised person”), who may only disclose information contained in it in accordance with paragraph (5) below.

(4) In this regulation any reference to an authorised person includes a reference to his employees.

(5) Information contained in the full register may not be disclosed by an authorised person except to any person falling within regulations 103 to 108 above; and for use for the purposes for which such a person could obtain a register under the regulation concerned.

(6) The restrictions in regulations 103 to 108 respectively apply to a person to whom information contained in the full register is disclosed under paragraph (5) as it applies to a person to whom a copy of the register is applied under those regulations.

Textual Amendments

F6 Words in reg. 113 heading inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 23(2)

F7 Words in reg. 113(1) substituted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 23(3)

F8 Words in reg. 113(1)(c) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 33(a)(i)

F9 Reg. 113(1)(ca) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 33(a)(ii)

F10 Word in reg. 113(1)(d) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 33(a)(iii)

F11 Words in reg. 113(1) inserted (24.12.2008) by Counter-Terrorism Act 2008 (c. 28), s. 100(5), Sch. 1 para. 2(6)(a) (with s. 101(5)); S.I. 2008/3296, art. 2

F12 Reg. 113(2) substituted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 23(4)

F13 Words in reg. 113(3) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 23(5)

F14 Words in reg. 113(3) substituted (24.12.2008) by Counter-Terrorism Act 2008 (c. 28), s. 100(5), Sch. 1 para. 2(6)(b) (with s. 101(5)); S.I. 2008/3296, art. 2

Sale of full register to credit reference agencies E+W

114.— (1) Subject to regulation 112(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 111 above copies of a relevant document to [F15 a person who has permission under the Financial Services and Markets Act 2000 to furnish persons with information relevant to the financial standing of other persons] and which is carrying on the business of providing credit reference services.

(2) For the purposes of regulation 112(3) above, the relevant restrictions apply except for the purposes set out in paragraph (3) below.

(3) Those purposes are—

(a) vetting applications for credit or applications that can result in the giving of credit or the giving of any guarantee, indemnity or assurance in relation to the giving of credit;

(b) meeting any obligations contained in the Money Laundering Regulations [F16 2007] F17 ... [F18 or any rules made by the Financial Conduct Authority under section 137A of the Financial Services and Markets Act 2000 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons]; and

(c) statistical analysis of credit risk assessment in a case where no person whose details are included in the full register is referred to by name or necessary implication.

(4) The registration officer may require a credit reference agency to provide such evidence that it is carrying on the business of providing credit reference services as he shall reasonably require.

(5) In this regulation—

• “application for credit” includes an application to refinance or reschedule an existing credit agreement;

• “credit” includes a cash loan and any other form of financial accommodation; and

• “credit reference services” means the furnishing of persons with information relevant to the financial standing of individuals, which is information collected by the person furnishing it for the purpose of so furnishing it.

[F19 (6) Paragraph (1) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000,

(b) any relevant order under that section, and

(c) Schedule 2 to that Act.]]

Textual Amendments

F15 Words in reg. 114(1) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 22(a)

F16 Word in reg. 114(3)(b) substituted (15.12.2007) by The Money Laundering Regulations 2007 (S.I. 2007/2157), reg. 1(1), Sch. 6 para. 8

F17 Words in reg. 114(3)(b) omitted (1.3.2004) by virtue of The Money Laundering Regulations 2003 (S.I. 2003/3075), reg. 1(2)(d), Sch. 2 para. 5(2)(ii)

F18 Words in reg. 114(3)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 33(b)

F19 Reg. 114(6) inserted (26.7.2013 for specified purposes) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 22(b)