The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184) (“the 2001 Regulations”), which provide for registration of those citizens of the European Union who are resident in the United Kingdom (and are not Commonwealth citizens or citizens of the Republic of Ireland) as European Parliamentary electors. The 2001 Regulations give effect to Article 19.2 of the Treaty establishing the European Community and the requirements of the Directive of the Council of the European Communities No.93/109/EC (“the Directive”) concerning arrangements for the exercise of the right to vote in the elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals.

Regulation 2(2) of these Regulations amends regulation 8(1) of the 2001 Regulations. Regulation 8(1) requires the registration officer to supply to the representative of the Member State in respect of which the applicant is a national a copy of each application to be registered as a European Parliamentary elector a copy of each application to be registered as a European Parliamentary elector and declaration made in pursuance of regulation 6 of the 2001 Regulations. This gives effect to article 13 of the Directive. The amendment means that instead of the officer being required to send a copy of the application and declaration the officer is now required to send information contained in the application and declaration.

The amendment made by regulation 2(3) to regulation 9(1)(b) of the 2001 Regulations reflects the fact that the Representation of the People (Northern Ireland) Regulations 2001 have been replaced with the Representation of the People (Northern Ireland) Regulations 2008. This is also reflected in the Schedule to these Regulations.

The main amendment to the 2001 Regulations is made by regulation 2(4) which substitutes the Schedule to the 2001 Regulations with the Schedule to these Regulations. The new Schedule applies a number of changes that have already been made to the system of registration of parliamentary and local government electors to the registration of relevant citizens of the Union as European Parliamentary electors. Like the Schedule to the 2001 Regulations, the Schedule to these Regulations applies, with modifications, certain provisions of the Representation of the People Act 1983 (“the 1983 Act”) and regulations made under that Act about the registration of parliamentary and local government electors. The regulations made under the 1983 Act are the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497 (S 2)) and the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) which have replaced the Representation of the People (Northern Ireland) Regulations 2001 (S.I. 2001/400). The 1983 Act and these regulations have been amended, principally by the Electoral Administration Act 2006 (c.22) (“the 2006 Act”) and subordinate legislation made under that Act. The Schedule to these Regulations incorporates the content of the Schedule to the 2001 Regulations and also applies the recent changes to the registration system. The principal changes relate to late registration and anonymous registration in England and Wales and Scotland. Anonymous registration is not yet available in Northern Ireland.

Section 9B of the 1983 Act provides for persons to apply to be entered in a register of parliamentary or local government electors anonymously, where they show that their safety (or that of another person of their household) is at risk. New regulations, including regulations 31G to J, inserted into the Representation of the People Regulations for England and Wales and Scotland set out the procedure for applying for an anonymous entry and evidence that must be provided. The Schedule to these Regulations applies these provisions so that relevant citizens of the Union can apply to be entered anonymously in a register maintained under regulation 5(2) of the 2001 Regulations. The Schedule contains a modification to section 9B so that where a relevant citizen of the Union already has an anonymous entry in a register of local government electors they shall be anonymously registered in a register maintained under regulation 5(2) of the 2001 Regulations. They are not required to make a separate application.

Sections 13B and 13BA of the 1983 Act concern alterations to the electoral registers during a period when an election is pending in England, Wales and Scotland and Northern Ireland respectively. They move the deadline for applying for registration closer to the day of poll so that a person is entitled to vote in an election if their registration has taken effect by the fifth day before polling day. The Schedule applies these provisions to the registration of relevant Citizens of the Union to vote at European Parliamentary elections.

A full Impact Assessment has not been produced for this Instrument and no impact on the private or voluntary sector is foreseen.