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The Representation of the People (England and Wales)(Amendment) Regulations 2002

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Statutory Instruments

2002 No. 1871

REPRESENTATION OF THE PEOPLE

The Representation of the People (England and Wales)(Amendment) Regulations 2002

Made

18th July 2002

Coming into force in accordance with regulation 2

The Secretary of State, having consulted the Electoral Commission in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(1) about these Regulations; in exercise of the powers conferred on him by—

(a)

sections 53(2) and 201(1) and (3)(3) of, rule 24(4) of Schedule 1 and paragraphs 10 to 13(5) of Schedule 2 to, the Representation of the People Act 1983(6); and

(b)

having regard to the definition of “prescribed” in section 202(1) of that Act, sections 10(4), 10A(1), 13A(1) and (2) and 13B(3) of that Act(7);

hereby makes the following Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament:

Citation, interpretation and extent

1.—(1) These Regulations may be cited as the Representation of the People (England and Wales) (Amendment) Regulations 2002.

(2) In these Regulations, “the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001(8).

(3) These Regulations do not extend to Scotland or Northern Ireland.

Commencement

2.—(1) Regulation 1, this regulation, regulation 4 (together with the Schedule) and regulations 5(1), (2), and (5), 7, 8 and 12 to 14 shall come into force on the expiry of the period of 14 days beginning with the day on which these Regulations were made.

(2) Subject to paragraph (3) below, regulations 3, 5(3) and (4), 6, 9 to 11 and 15 shall come into force on 16th October 2002.

(3) Where, in any registration area, the revised version of the register of electors has not been published under section 13(1) of the Representation of the People Act 1983(9) on or before 16th October 2002, the provisions to which paragraph (2) refers shall not have effect in relation to the register for that area until the day following the day on which the revised version of the register is so published.

Revocations

3.—(1) Regulations 46 to 49 of the 2001 Regulations and regulation 4 of the Representation of the People (England and Wales) (Amendment) Regulations 2001(10) are hereby revoked.

(2) The Representation of the People (Form of Canvass) (England and Wales) Regulations 2001(11) are hereby revoked.

Prescribed forms

4.  The form in Part 1 of the Schedule to these Regulations is hereby prescribed for the purposes of section 10(4) of the Representation of the People Act 1983(12) (form of annual canvass).

Amendment of interpretation provisions

5.—(1) Regulation 3(1) of the 2001 Regulations (interpretation) is amended as follows.

(2) For the definition of “candidate” substitute—

  • “candidate” has the same meaning as in section 118A of the 1983 Act(13).

(3) Before the definition of “European Parliamentary overseas elector” insert—

“data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose;

“edited register” has the meaning given in regulation 93(1) below;.

(4) After the definition of “European Parliamentary overseas elector’s declaration” insert—

  • “full register” has the meaning given in regulation 93(1) below;.

(5) After the definition of “register” insert—

“registration area” means the area for which a registration officer acts;.

Amendment of provision about copies

6.—(1) Regulation 7 of the 2001 Regulations (copies of documents) shall become paragraph (1) of regulation 7.

(2) After that paragraph insert—

(2) Paragraph (1) does not apply to the full register.

(3) A person inspecting the full register may not—

(a)make copies of any part of it, or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

(4) A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this regulation “full register” includes—

(a)any part of it; and

(b)any notice published under section 13A(2) or 13B(3) of the 1983 Act(14) altering the register.

Amendment of provision about inspection of election returns

7.  In regulation 10 of the 2001 Regulations (return and declaration of election expenses)—

(a)omit paragraph (2); and

(b)in paragraph (3) for “document” substitute “any accompanying document”.

Amendment of provision about applications

8.—(1) Regulation 26 of the 2001 Regulations (applications for registration) is amended as follows.

(2) In paragraph (1) for “shall state” substitute “(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act, state”.

(3) For paragraph (1)(g), substitute—

(g)in the case of an applicant who wishes his name and address to be omitted from the edited version of the register, that request.

(4) In paragraph (2) for the word “application”, in the first place where it occurs, substitute “declaration”.

(5) In paragraph (3) for “under this regulation” substitute “for registration”.

(6) After paragraph (5) insert—

(6) Where the registration officer provides the form on which an application for registration is made, the form of words in Part II of the Schedule to the Representation of the People (England and Wales) (Amendment) Regulations 2002 or a form of words to the same effect, must form part of the application form.

(7) Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must, on or before the determination of the application, send to the applicant the form of words referred to in paragraph (6) above and must, at the same time, inform the applicant, in writing, that he may, before the end of the period of 21 days, starting with the day on which the officer sends that form of words to the applicant, make a request, in writing, to the registration officer that he wishes his name and address to be excluded from the edited version of the register.

(8) Where an applicant does not reply to the registration officer within the period of 21 days mentioned in paragraph (7), the registration officer shall assume that the applicant does not request that his name and address be excluded from the edited version of the register.

(9) Where an applicant does reply to the registration officer within the period of 21 days mentioned in paragraph (7) and in his response requests that his name and address be excluded from the edited version register, that request shall be treated as part of the application for registration.

Amendment of provision about notices

9.  For regulation 36(2)(a) of the 2001 Regulations (issue of notices in connection with registration) substitute—

(a)making a copy of it available for inspection under supervision—

(i)at his office, and

(ii)at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose;

(aa)supplying copies of it in accordance with Part VI of these Regulations;.

Manner of publication of register

10.  For regulation 43(1) of the 2001 Regulations (publication of register) substitute—

(1) The manner in which each revised version of the full register is to be published under section 13(1) and (3) of the 1983 Act is by the registration officer—

(a)making a copy of it available for inspection under supervision—

(i)at his office, and

(ii)at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose; and

(b)supplying copies of it in accordance with Part VI of these Regulations.

(1A) Where a copy of the full register is made available pursuant to paragraph (1)(a) above by providing the register on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic, or any other, means.

Manner of publication of list of overseas electors

11.  In regulation 45(3) of the 2001 Regulations (publication of the list of overseas electors) after “inspection” insert “under supervision”.

Procedure on issue of postal ballot papers

12.  At the end of regulation 72 of the 2001 Regulations (procedure on issue of postal ballot papers) insert—

(7) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in regulation 74 below are to be sent is—

(a)in the case of an elector, the address shown in the absent voters list;

(b)in the case of a proxy, the address shown in the special list kept under paragraph 7(8) of Schedule 4 to the 2001 Act.

Spoilt postal ballot papers

13.—(1) Regulation 77 (spoilt postal ballot papers) of the 2001 Regulations is amended as follows.

(2) In paragraph (1) for the words from “, the declaration” to the end substitute “and the declaration of identity”.

(3) In paragraph (5) for “the declaration of identity and the ballot paper envelope” substitute “and the declaration of identity”.

Declarations of identity

14.  For paragraphs (5) to (7) of regulation 85 of the 2001 Regulations (procedure in relation to declarations of identity) substitute—

(5) Where—

(a)the number (or numbers) on a valid declaration of identity is not the same as the number (or numbers) on the ballot paper envelope, or

(b)that envelope has no number on it (or only one number when the declaration of identity has more than one),

the returning officer shall open the envelope.

(6) Paragraph (7) below applies where—

(a)there is a valid declaration of identity but no ballot paper envelope; or

(b)the ballot paper envelope has been opened under regulation 84(3) or paragraph (5) above.

(7) In the circumstances described in paragraph (6) above, the returning officer shall place—

(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid declaration of identity;

(b)in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “provisionally rejected”;

(c)in the receptacle for rejected votes, any valid declaration of identity marked “provisionally rejected” where—

(i)there is no ballot paper, or

(ii)in the case of a declaration on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the declaration to indicate which ballot paper is missing;

(d)in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c) above.

Supply of register, etc

15.  After regulation 91 of the 2001 Regulations insert—

PART VISUPPLY OF REGISTER ETC

Interpretation and edited register

Interpretation and application of Part VI etc

92.(1) In this Part “register” includes—

(a)any part of the register referred to, and

(b)(except in regulation 93 and in the context of the supply by the registration officer of the register and notices altering the register), any notice altering the register which is published under section 13A(2) or 13B(3) of the 1983 Act(15).

(2) In this Part—

(a)“enactment” has the same meaning as in section 17(2) of the 2000 Act, and

(b)“processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to his employees.

(3) In this Part, any reference to an employee of any person who has access to a copy of the full register shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.

(4) Where any person has been supplied with a copy of a register of electors pursuant to the Representation of the People (Scotland) Regulations 2001(16), or the Representation of the People (Northern Ireland Regulations 2001(17), that person shall be under the same duties and obligations and subject to the same penalties in relation to the copy supplied as he would have been under had that copy been supplied to him pursuant to these Regulations (and, accordingly, where that copy is a copy of a full register he shall be under the same duties, obligations and penalties that he would have been under had he been supplied with a copy of a full register pursuant to these Regulations).

(5) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act(18), any duty on a registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.

(6) The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.

(7) Any person who has obtained a copy of the full register under regulations 98, 100, 101, 103, 105, 106, 109, 113 or 114 may—

(a)supply a copy of the full register to a processor for the purpose of processing the information contained in the register,

(b)procure that a processor processes and provides to them any copy of the register which the processor has obtained under these Regulations,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

(8) Any processor to whom a copy of the full register is supplied under paragraph (7) above shall be one who carries on business in the European Economic Area and the information contained in the register must not be transmitted outside the European Economic Area by the processor.

(9) The processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or an employee of that person or a person who is entitled to obtain a copy of the full register under these Regulations or any employee of such a person.

(10) The restrictions contained in regulations 94(3), 95(2), 98(9), 100(3), 101(6), 103(3), 104(3), 105(4), 106(3), 107(4), 107(8), 108(5) and 109(3) below apply to a person to whom the full register, or any information contained in it (that is not contained in the edited register) has been supplied or disclosed under those paragraphs as they apply to the person to whom those regulations apply.

Edited version of register

93.(1) At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act(19), (“the full register”), he shall also publish a version of the register under this regulation (“the edited register”).

(2) The edited register shall omit the name and address of any elector whose details are included in the full register, if a request has been duly made in the form referred to in section 10(4) of the 1983 Act or in accordance with regulation 26 above(20) by or on behalf of that elector for his name and address to be excluded from the edited register.

(3) In other respects the edited register shall be identical to the full register (and, accordingly, shall include any mark or date which is required to be recorded against the name of any elector).

(4) Notwithstanding the omission of names and addresses in accordance with paragraph (2), regulation 41 above shall apply to the edited register as it applies to the full register.

(5) Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.

(6) The manner in which each revised version of the edited register is to be published under this regulation is—

(a)by the registration officer making a copy of it available for inspection at his office; and

(b)by such other means (if any) as he thinks appropriate.

(7) Each revised version of the edited register shall be kept published until the coming into force of the next revised version of it.

General restrictions

Restrictions on supply of full register and disclosure of information from it by the registration officer and his staff

94.(1) This regulation applies to—

(a)the registration officer;

(b)any deputy registration officer; and

(c)any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his registration duties.

(2) Where the registration officer is also the returning officer or acting returning officer at any election or the counting officer at a referendum held by or under an Act of Parliament (and thereby has access to the full register without being supplied with a copy of it), this regulation also applies to—

(a)the registration officer acting in that other capacity;

(b)any deputy returning officer, deputy acting returning officer or deputy counting officer; and

(c)any person appointed to assist any person mentioned in paragraph (a) or (b) or who in the course of his employment is assigned to assist any such officer in his duties in respect of the election or referendum in question.

(3) No person to whom this regulation applies may—

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

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

(c)make use of any such information,

otherwise than in accordance with an enactment, including these Regulations.

(4) Nothing in paragraph (3) above applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or for the purposes of an election or referendum.

Restrictions on use of the full register supplied under section 3 of the Juries Act 1974 or information contained in it

95.(1) This regulation applies to—

(a)any officer designated by the Lord Chancellor under section 3(1) of the Juries Act 1974(21); and

(b)any other person to whom a copy of the full register has been supplied or to whom information contained in it has been disclosed for the purpose of summoning jurors.

(2) No person to whom this regulation applies may—

(a)supply a copy of the full register,

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

(c)make use of such information,

otherwise than for the purpose of summoning jurors.

Restriction on use of the full register, or information contained in it, supplied in accordance with enactments or obtained otherwise

96.(1) This regulation applies to—

(a)any person to whom a copy of the full register has been supplied in pursuance of a relevant provision;

(b)any person to whom information contained in the full register has been disclosed in pursuance of a relevant provision;

(c)any person to whom a person referred to in sub-paragraph (a) or (b) has supplied a copy of the full register or information contained in it for the purposes (express or implied) of a relevant provision; and

(d)any person who has obtained access to a copy of the full register or information contained in it by any other means.

(2) No person to whom this regulation applies may—

(a)supply a copy of the full register,

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

(c)make use of any such information,

other than—

(i)where the copy was supplied or the information obtained in pursuance of a relevant provision, for the particular purpose for which the copy was supplied or the information disclosed to the person in question pursuant to the relevant provision; or

(ii)where the copy was not supplied or the information disclosed in pursuance of a relevant provision, any purposes for which the person to which this regulation applies could have obtained a copy of the register or the information contained in it pursuant to any enactment, including these Regulations.

(3) In this regulation “relevant provision” means any enactment (except the Juries Act 1974 and these Regulations) under which a copy of the full register is to be supplied or information from that register disclosed for a particular purpose.

Supply on publication and specific restrictions

Supply of free copy of full register to the British Library and restrictions on use

97.(1) Each registration officer shall supply, free of charge and on publication, one printed copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act(22), and

(b)any list of overseas electors,

to the British Library(23).

(2) No person employed by the British Library may—

(a)supply a copy of the full register other than to another such person or to a person using the Library to inspect it under supervision;

(b)disclose any information contained in it (that is not contained in the edited register) otherwise than in accordance with paragraph (3); or

(c)make use of any such information.

(3) No information which is contained in the full register (that is not contained in the edited register) may be disclosed otherwise than by allowing a person using the British Library to inspect it under supervision.

(4) A person who inspects the copy of the full register held by the British Library may not—

(a)make copies of any part of it, or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

Supply of free copy of full register for electoral purposes and restrictions on use

98.(1) Each registration officer shall supply, free of charge and on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act, and

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act,

to the persons listed in paragraph (2) below.

(2) Those persons are—

(a)the returning officer for a non-metropolitan county;

(b)the persons or officers who, under subsections (2B) and (2C) of section 35 of the 1983 Act(24) are the returning officers at an election of members of the London Assembly and of the Mayor of London;

(c)the returning officer appointed pursuant to section 35(1) or (1A) (as the case may be) of the 1983 Act for elections to each parish or community council within the electoral area.

(3) In paragraph (1) the duty to supply one copy of the register is a duty to supply it in data form unless, prior to publication, the officer or person to whom it is to be supplied has requested in writing a printed copy instead.

(4) As soon as practicable after the relevant event, a registration officer who is not the acting returning officer for a constituency wholly or partly in his registration area shall supply free of charge to that officer as many printed copies of—

(a)the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be,

(b)any notice setting out an alteration to that version of the register published under section 13A(2) or 13B(3) of that Act, and

(c)the most recent list of overseas electors,

as the returning officer may reasonably require for the purposes of a parliamentary election.

(5) In paragraph (4) above—

(a)“relevant event” means—

(i)the announcement of Her Majesty’s intention to dissolve Parliament, or

(ii)the occurrence of a vacancy in the relevant constituency; and

(b)the duty to supply as many printed copies of the register, notices and list of overseas electors as the returning officer may reasonably require includes a duty to supply one copy of each in data form.

(6) As soon as practicable after the relevant date, a registration officer who is not designated as a local returning officer for part of an electoral region which falls wholly or partly in his registration area shall supply free of charge to that officer as many printed copies of the documents referred to in paragraph (4)(a), (b) and (c) above as the local returning officer may reasonably require for the purposes of a European Parliamentary election.

(7) In paragraph (6) above—

(a)“relevant date” means—

(i)in the case of a general election of MEPs, the date which is two months before the day appointed by order of the Secretary of State for the poll, or

(ii)where the Secretary of State has made an order appointing a day for the poll at a by-election, the date on which that order was made; and

(b)the duty to supply as many printed copies of the register, notices and list of overseas electors as the local returning officer may reasonably require includes a duty to supply one copy of each in data form.

(8) Where a registration officer is not the returning officer for any election to the National Assembly for Wales in respect of any constituency or region wholly or partly within his registration area, he shall supply free of charge to that officer as many printed copies of the documents referred to in paragraph (4)(a) or (b) above, together with one copy of each in data form, as the returning officer may reasonably require for the purposes of such an election.

(9) No person to whom a copy of the register has been supplied under this regulation may—

(a)supply a copy of the full register,

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

(c)make use of any such information,

other than for the purposes of an election.

Supply of free copy of full register etc to Office for National Statistics and restrictions on use

99.(1) Each registration officer shall supply, free of charge and on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act,

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act, and

(c)any list of overseas electors,

to the Office for National Statistics(25) (in this regulation referred to as “the Office”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Office has requested in writing a printed copy instead.

(3) No person employed by the Office may—

(a)supply a copy of the full register other than to another such person;

(b)disclose any information contained in it (that is not contained in the edited register) otherwise than in accordance with paragraph (4) below; or

(c)make use of any such information other than for statistical purposes.

(4) No information which is contained in the full register and not in the edited register may be disclosed otherwise than—

(a)by allowing a person using the premises of the Office to inspect it under supervision, and

(b)by publishing information about electors which does not include the name or address of any elector.

(5) A person who inspects the full register may not—

(a)make copies of any part of it, or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

Supply of free copy of full register etc to Electoral Commission and restrictions on use

100.(1) Each registration officer shall supply, free of charge and on publication, one copy of—

(a)any revised version of the register published under section 13(1) or (3) of the 1983 Act,

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act, and

(c)any list of overseas electors,

to the Electoral Commission(26) (in this regulation referred to as “the Commission”).

(2) In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.

(3) Neither the Electoral Commissioners nor any person employed by the Commission may—

(a)supply a copy of the full register other than to an Electoral Commissioner or another such person;

(b)disclose any information contained in it that is not contained in the edited register otherwise than in accordance with paragraph (5) below; or

(c)make use of any such information otherwise than in connection with their functions under, or by virtue of, the Political Parties, Elections and Referendums Act 2000(27).

(4) In paragraph (3) “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

(5) The full register or any information contained in it and not in the edited register may not be disclosed otherwise than—

(a)where necessary to carry out the Commission’s duties in relation to the rules on permissible donors in the Political Parties, Elections and Referendums Act 2000; or

(b)by publishing information about electors which does not include the name or address of any elector.

Supply of free copy of full register etc to certain Commissions and restrictions on use

101.(1) Each registration officer in England shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (3) below to the Boundary Commission for England(28).

(2) Each registration officer in Wales shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (3) below to the Boundary Commission for Wales(29) and the Local Government Boundary Commission for Wales(30).

(3) Those documents are—

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

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act; and

(c)any list of overseas electors.

(4) In paragraphs (1) and (2) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission to whom it is to be supplied has requested in writing a printed copy instead.

(5) In paragraph (6) below “a relevant person” means, in relation to each of the Commissions referred to in paragraphs (1) and (2) above—

(a)a member of the Commission in question;

(b)a person appointed to assist the Commission in question to carry out its functions; and

(c)a person employed by the Commission in question.

(6) A relevant person may not—

(a)supply a copy of the full version of the register, other than to another relevant person;

(b)disclose any information contained in it and not contained in the edited register, otherwise than by publishing information about electors which does not include the name and address of any elector; or

(c)process or make use of any such information, other than in connection with their statutory functions.

Supply on request and specific restrictions

Supply of full register etc under regulations 103 to 108: general provisions

102.(1) The persons or organisations falling within regulations 103 to 109 below may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following—

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

(b)any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act;

(c)a list of overseas electors.

(2) Such a request shall be made in writing and shall—

(a)specify the documents requested;

(b)subject to paragraph (5) below, 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 document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and

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

(3) Unless a request has been made in advance of supply under paragraph (2)(c) above, the copy of a document supplied under this regulation shall be in data form.

(4) The registration officer shall supply the relevant part of the documents referred to in paragraph (1) above in accordance with a request that has been duly made.

(5) A person falling within regulation 108 below may not make the request for the supply of any subsequent document on publication.

(6) A person who obtains a copy of any document under paragraph (4) above may use it for any purpose for which that person would be entitled to obtain that document under these Regulations and any restrictions which apply under whichever of regulations 103 to 109 entitles that person to obtain that document for that purpose shall apply to such use.

Supply of full register etc to elected representatives for electoral purposes and restrictions on use

103.(1) This regulation applies to—

(a)the Member of Parliament for any constituency wholly or partly within the registration area;

(b)each Member of the European Parliament for an electoral region in which the registration area is situated;

(c)each Member of the National Assembly for Wales for any constituency or region wholly or partly within the registration area;

(d)each councillor for an electoral area falling within the registration area;

(e)the Mayor of London and the London members of the London Assembly, where the registration area falls wholly or partly within Greater London;

(f)the constituency members of the London Assembly, where the registration area falls wholly or partly within an Assembly constituency (within the meaning of the Greater London Authority Act 1999(31)); and

(g)an elected mayor within the meaning of section 39(1) of the Local Government Act 2000(32) where the registration area falls wholly or partly within the area of the local authority for which the mayor is elected.

(2) For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision—

(a)in the case of a Member of Parliament or of the National Assembly for Wales, is so much of them as relates to the whole or any part of the constituency or region which he represents as falls within the registration area;

(b)in the case of a Member of the European Parliament, is all parts of them;

(c)in the case of a councillor for an electoral area, is so much of them as relates to that area;

(d)in the case of the Mayor of London and a London member of the London Assembly, is so much of them as relates to the Greater London area;

(e)in the case of a constituency member of the London Assembly, is so much of them as relates to any part of the Assembly constituency which he represents as falls within the registration area;

(f)in the case of a mayor falling within paragraph (1)(g) above, is so much of them as relates to any part of the area of the local authority for which he is elected as falls within the registration area.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

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

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

(c)make use of any such information,

otherwise than for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.

Supply of full register to holders of relevant elective offices and candidates

104.(1) This regulation applies to—

(a)the holder of a relevant elective office within the meaning of paragraph 1(8) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000(33);

(b)a candidate for election at a Parliamentary, local government or Authority election.

(2) For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is the whole of them.

(3) No person to whom this regulation applies who has been supplied with a copy of the register may—

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

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

(c)make use of any such information,

otherwise than for the purpose set out in paragraph (4) below.

(4) That purpose is the purpose of complying with the controls on donations contained in Schedule 7 to, the Political Parties, Elections and Referendums Act 2000 or Schedule 2A of the Representation of the People Act 1983(34), as the case may be.

Supply of full register etc to local constituency parties and restrictions on use

105.(1) This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency by the registered nominating officer, (within the meaning of section 24 of the Political Parties, Elections Referendums Act 2000) of a registered political party.

(2) Not more than one person for the same constituency may be nominated under paragraph (1) above in respect of the same registered political party and registration area.

(3) In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 102(1) above is so much of them as relates to the whole or any part of the constituency in question as falls within the registration area.

(4) No person to whom this regulation applies who has been supplied with a copy of the register may—

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

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

(c)make use of any such information,

otherwise than for electoral purposes or the purposes of electoral registration.

Supply of full register etc to registered political parties etc and restrictions on use

106.(1) This regulation applies to—

(a)a registered political party other than a minor party, within the meaning of section 160(1) of the Political Parties, Elections and Referendums Act 2000;

(b)a recognised third party within the meaning of section 85(5) of that Act, other than a registered political party; and

(c)a permitted participant within the meaning of section 105(1) of that Act, other than a registered political party.

(2) In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 102(1) above is the whole of them.

(3) No person employed by, or assisting (whether or not for reward) a party or participant to which this regulation applies and to which a copy of the register has been supplied may—

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

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

(c)make use of any such information,

otherwise than for the purposes set out in paragraph (4) below.

(4) Those purposes are—

(a)in the case of a party falling within paragraph (1)(a) or (b),

(i)electoral purposes, and

(ii)the purpose of complying with the controls on donations under Part IV of or, as the case may be, Schedule 11 to, the Political Parties, Elections and Referendums Act 2000; and

(b)in the case of a permitted participant within the meaning of section 105(1) of that Act,

(i)purposes in connection with the campaign in respect of the referendum identified in the declaration made by the participant under section 106 of that Act, and

(ii)the purposes of complying with the controls on donations in Schedule 15 to that Act.

Supply of full register etc to certain councils and restrictions on use

107.(1) Paragraphs (2) to (6) of this regulation apply to the council by which the registration officer was appointed.

(2) For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is all of them.

(3) Subject to paragraph (4) below, no councillor or employee of the council may—

(a)supply a copy of the full register to any person other than to another councillor of or employee of the same council;

(b)disclose any information contained in it that is not included in the edited register; or

(c)make use of any such information.

(4) A councillor or employee of the council may supply a copy of the register, or disclose or make use of information contained in it that is not contained in the edited register—

(a)where necessary for the discharge of a statutory function of the council or any other local authority relating to security, law enforcement and crime prevention, or

(b)for statistical purposes, in which case no information shall be disclosed which includes the name and address of any elector (whether that name or address appears in the edited register or only in the full register).

(5) In this regulation, “local authority” has the meaning given by section 270 of the Local Government Act 1972(35).

(6) Paragraphs (7) and (8) of this regulation apply to parish councils, as established by sections 9(4) of the Local Government Act 1972 and community councils as referred to in section 27(2) of that Act.

(7) For the purposes of regulation 102(1) above, the relevant part of the documents listed is so much of them as relates to the parish or community concerned.

(8) No parish or community councillor, person employed by or otherwise assisting (whether or not for reward) a parish or community council and to which a copy of the register has been supplied may—

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

(b)disclose any information contained in it that is not included in the edited register, or

(c)make use of any such information,

otherwise than for the purpose of establising whether any person is entitled to attend and participate in a meeting of, or take any action on behalf of, the parish or community, as the case may be.

Supply of full register etc to certain candidates and restrictions on use

108.(1) This regulation applies to a candidate at—

(a)a Parliamentary or European Parliamentary election,

(b)an election to the National Assembly of Wales,

(c)a local government election, and

(d)an election of a mayor under Part II of the Local Government Act 2000,

where any part of the area in respect of which the candidate stands for election includes the whole or part of a registration area.

(2) In this regulation “candidate” includes—

(a)a candidate at an election of a mayor under Part II of the Local Government Act 2000; and

(b)an individual candidate at a European Parliamentary election or an election in an electoral region for the National Assembly for Wales.

(3) In the case of a registered political party which submits a list of candidates at a European Parliamentary election, an election of the London members of the London Assembly or an election in an electoral region for the National Assembly for Wales, the entitlement otherwise conferred by this regulation on a candidate is conferred on the election agent of that party.

(4) For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is so much of them as relate to the area for which the candidate is standing.

(5) No candidate or election agent to whom a copy of the register has been supplied by virtue of this regulation may—

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

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

(c)make use of any such information,

other than for electoral purposes.

Supply of full register etc to police forces and restrictions on use

109.(1) This regulation applies to—

(a)any police force in Great Britain;

(b)the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

(c)the National Criminal Intelligence Service;

(d)the National Crime Squad;

(e)the Police Information Technology Organisation; and

(f)any body of constables established under an Act of Parliament.

(2) For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision is the whole of them.

(3) No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may—

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

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

(c)make use of any such information,

otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere).

Sale of edited anhd full registers and specified restrictions

Sale of edited register

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

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 which is sold in accordance with regulations 112 to 114 below, the letter “Z” shall be placed against the name of any person whose name is not included in the edited version of the register.

Sale of full register etc: general provisions

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) 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.

Sale of full register to government departments

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 to a government department.

(2) For the purposes of regulation 112(3) above, the relevant restrictions apply except for the purpose of—

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

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

(c)supply and disclosure in accordance with paragraphs (3) to (6) below.

(3) A government department 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.

Sale of full register to credit reference agencies

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 a credit reference agency which is registered under Part III of the Consumer Credit Act 1974(36) (by virtue of section 147 of that Act) 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 1993(37), the Money Laundering Regulations 2001(38) or any rules made pursuant to section 146 of the Financial Services and Markets Act 2000(39); 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.

Offences

Offences in respect of contravention of Part VI regulations

115.(1) A person who contravenes the provisions specified in paragraph (2) below shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Those provisions are regulations 92(9), 94(3), 95(2), 96(2), 97(2) and (4), 98(9) and (10), 99(3) and (5), 100(3), (5) and (7), 101(6), 103(3) and (4), 104(3), 105(4) and (5), 106(3) and (5), 107(3) and (5), 108(5), 109(3), 112(4) and (5) and 113(5) above.

(3) It is a defence for a person charged with an offence under paragraph (1) above to prove that he took all reasonable steps and exercised all due diligence to prevent the contravention.

(4) A person to whom paragraph (5) below applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale where—

(a)a contravention of the provisions referred to in paragraph (2) above has occurred on the part of a person (“the employed person”) in the employment, or otherwise under the direction or control, of the company or other organisation in which the person to whom paragraph (5) applies holds office; and

(b)the person to whom paragraph (5) below applies has failed to take the steps specified in paragraph (6) below.

(5) This paragraph applies to a director of a company or a person concerned with the management of an organisation.

(6) The steps referred to in paragraph (4)(b) above are such steps as it would be reasonable for a person to whom paragraph (5) applies to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a contravention of the provisions referred to in paragraph (2) above on the part of the employed person.

Signed by auhority of the Secretary of State

Nick Raynsford

Minister of State,

Office of the Deputy Prime Minister

18th July 2002

Regulation 4

SCHEDULEFORM OF CANVASS AND FORM OF WORDS ABOUT THE TWO VERSIONS OF THE REGISTER

PART IForm prescribed for the purposes of section 10(4) of the 1983 Act (as substituted by Schedule 1 to the 2000 Act)

PART IIForm of words about the two versions of the register

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (England and Wales) Regulations 2001 (“the principal Regulations”).

The main changes are those made by the regulations inserted into the principal Regulations by regulation 15 of these Regulations. The inserted regulations make fresh provision in respect of the free supply and the sale of the register of electors. Regulations 46 to 49 of the principal Regulations (which currently provide for such supply and sale) are revoked by regulation 3 of these Regulations.

Regulation 93 of the inserted regulations provides for an edited version of the register of electors. This version does not contain the names of those persons who have requested the exclusion of their names from this version of the register. The request is made either in the form of return of the annual canvass under section 10 of the Representation of the People Act 1983 (“the 1983 Act”), as substituted by Schedule 1 to the Representation of the People Act 2000 (“the 2000 Act”), or in the form of application to be registered. The contents of such applications are prescribed by regulation 26 of the principal Regulations and that regulation is amended by regulation 8 of these Regulations to make provision for that request. The form to be used for the canvass is prescribed by Part I of the Schedule to these Regulations.

Under regulation 110 of the inserted regulations, the edited version of the register is available for sale without restriction and the fees payable are prescribed.

By contrast, the inserted regulations introduce new restrictions not only on the sale of the full version of the register but also on its use consequent on its supply free of charge. Breach of the restrictions is an offence under inserted regulation 115.

A copy of the full version of the register may not be supplied by a registration officer otherwise than in accordance with an enactment (which, by virtue of the definition in inserted regulation 92(2), includes subordinate legislation), including the principal Regulations (regulation 94(3)). No copy may be sold except to the persons and organisations falling within inserted regulations 113 (government departments) and 114 (credit reference agencies). Such sales are subject to the fees and conditions set out in inserted regulations 111 and 112, in particular the restrictions on use contained in inserted regulation 112(4) and (5). The purchasers are restricted to the uses which are authorised by regulations 113 and 114.

Inserted regulation 94 restricts the supply of the full register (or information contained in it) by the registration officer and his staff. References to the register include the notices published under sections 13A(2) and 13B(3) of the 1983 Act (as substituted by Schedule 1 to the 2000 Act) amending it. Inserted regulation 95 places restrictions on the use of the full register which is supplied under section 3(1) of the Juries Act 1974 and regulation 96 places restrictions in respect of supply under other enactments (including subordinate legislation) or use of the register information however obtained.

Inserted regulations 97 to 101 require the registration officer to supply free of charge, on publication, a copy of the full register to the organisations to which those regulations apply. The regulations also place restrictions on the use of the register by those organisations.

Inserted regulations 102 to 109 require the registration officer to supply free of charge and on request copies of the full register to the persons and organisations to which the regulations apply. They also set out restrictions on use by those organisations.

Regulation 4 of these Regulations prescribes the form to be used in order for the registration officer to carry out the annual canvass.

Regulations 6, 9, 10 and 11 of these Regulations amend provisions in the principal Regulations relating to the manner of publication of the register (including notices amending it) and the list of overseas electors and to the taking of copies of such documents to introduce new restrictions. The register (which, by virtue of inserted regulation 93(5), means the full register) is to be available for inspection only under supervision. Only hand-written copies may be taken.

Regulation 12 of these Regulations amends the principal Regulations to include express provision about the addresses to which postal ballot papers are to be sent. Regulations 13 and 14 of these Regulations simplify the procedure in respect of spoilt postal ballot papers and the checks required in respect of the declaration of identity for postal ballot papers, respectively.

(2)

Section 53 was amended by Schedule 4 to the Representation of the People Act 1985 (“the 1985 Act”) and Schedule 1 to the Representation of the People Act 2000 (“the 2000 Act”).

(3)

Section 201(3) was inserted by Schedule 1 to the 2000 Act.

(4)

Rule 24 was substituted by Schedule 6 to the 2000 Act.

(5)

Paragraphs 10, 10A, 10B and 11 were substituted by section 9 of the 2000 Act; paragraph 11A was inserted by Schedule 4 to the 1985 Act; and paragraph 13(1A) was inserted by section 9 of the 2000 Act.

(7)

Sections 10, 10A, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(8)

S.I. 2001/341; these Regulations have been amended by S.I. 2001/1700.

(9)

1983 c. 2; section 13 was substituted by Schedule 1 to the Representation of the People Act 2000 (c. 2) (“the 2000 Act”).

(12)

Section 10 was substituted by Schedule 1 to the 2000 Act.

(13)

Section 118A of the Representation of the People Act 1983 was inserted by section 135(2) of the Political Parties, Elections and Referendums Act 2000 (c. 41).

(14)

Sections 13A and 13B were substituted by Schedule 1 to the Representation of the People Act 2000 (c. 2).

(15)

Sections 13A and 13B were substituted by Schedule 1 to the 2000 Act.

(16)

S.I. 2001/497. The Regulations are amended by the Representation of the People (Scotland) (Amendment) Regulations 2002. (S.I. 2002/1872).

(17)

S.I. 2001/400. The Regulations are amended by the Representation of the People (Northern Ireland) (Amendment) Regulations 2002. (S.I. 2002/1873).

(18)

The exercise of the powers in section 52(1) is made subject to section 8(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) and section 52(1A), as inserted by Schedule 21 to that Act, is relevant to those powers.

(19)

Sections 10 to 13 were substituted by Schedule 1 to the Representation of the People Act 2000.

(20)

Regulation 26 is amended by regulation 6 of these Regulations.

(21)

1974 c. 23; section 3(1) was amended by Schedule 8 to the Representation of the People Act 1983 (c. 2) and Schedule 15 to the Criminal Justice Act 1988 (c. 33).

(22)

Sections 13 to 13B were substituted by Schedule 1 to the Representation of the People Act 2000.

(23)

The British Library is established under the British Library Act 1972 (c. 54).

(24)

Subsections (2B) and (2C) of section 35 were inserted by Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(25)

The Office for National Statistics is a government department to which various functions relating to the gathering and publication of statistics were transferred by the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273).

(26)

The Electoral Commission is established by section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

(28)

The Boundary Commission for England is established by section 2 of the Parliamentary Constituencies Act 1986 (c. 56). Its functions will transfer to the Electoral Commission when section 16 of the Political Parties, Elections and Referendums Act 2000 (c. 41) is brought into force.

(29)

The Boundary Commission for Wales is established by section 2 of the Parliamentary Constituencies Act 1986. Its functions will transfer to the Electoral Commission when section 16 of the Political Parties, Elections and Referendums Act 2000 (c. 41) is brought into force.

(30)

The Local Government Boundary Commission for Wales is established by section 53 of the Local Government Act 1972. The National Assembly for Wales may make an order under section 20 of the Political Parties, Elections and Referendums Act 2000 transferring any relevant function of the Local Government Boundary Commission for Wales to the Electoral Commission.

(34)

Schedule 2A was inserted by section 130 and Schedule 16 to the Political Parties, Elections and Referendums Act 2000.

(39)

2000 c. 8. Section 46 enables the making of rules by the Financial Services Authority in relation to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons.

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