The Representation of the People (Annual Canvass) (Amendment) (Wales) Regulations 2020

Title and commencement

1.  The title of these Regulations is the Representation of the People (Annual Canvass) (Amendment) (Wales) Regulations 2020.

2.  These Regulations come into force on the day after the day on which they are made.

Amendments to the Representation of the People Act 1983

3.  The Representation of the People Act 1983(1) is amended in accordance with regulations 4 to 6.

4.  In section 9A (registration officers: duty to take necessary steps), in subsection (2)—

(a) in paragraph (za), after “a register of local government electors in England” insert “or Wales”;

(b) in paragraph (a) omit “or in Wales”;

(c) in paragraph (ba), after “register of local government electors in England,” insert “or in Wales”.

5.  In section 9D (maintenance of registers: duty to conduct canvass in Great Britain)—

(a) in subsection (4) omit “or Wales ”;

(b) in subsection (5)(aa) omit “or Wales,”.

6.  In paragraph 3C of Schedule 2 (provisions which may be contained in regulations as to registration etc.)—

(a) in sub-paragraph (1), omit “or Wales”;

(b) in sub-paragraph (1A), after “a register of local government electors in England” insert “or in Wales”.

Amendments to the Representation of the People (England and Wales) Regulations 2001

7.  The Representation of the People (England and Wales) Regulations 2001(2) are amended in accordance with regulations 8 to 19.

8.  In regulation 3(1) (interpretation), in the definition of “digital service”, after “register of local government electors in England” insert “or in Wales”.

9.  Regulation 26(3)(eb) (applications for registration) is revoked.

10.  Regulation 32ZA (annual canvass: register of local government electors in Wales) is revoked.

11.  Regulation 32ZB (steps to be taken by a registration officer where no information in response to an annual canvass form is received in respect of a particular address) is revoked.

12.  In regulation 32ZBA (annual canvass)—

(a) in paragraph 1 omit “of parliamentary electors in England or Wales, or a register of local government electors in England”;

(b) in paragraph 2 omit “of parliamentary electors in England or Wales, or a register of local government electors in England”;

(c) in paragraph 4—

(i) in sub-paragraph (a)(i) for “a register of parliamentary electors in England or Wales, or a register of local government electors in England” substitute “a register”;

(ii) in sub-paragraph (a)(ii) omit “such”;

(iii) in sub-paragraph (b)(ii)(aa) for “a register of parliamentary electors in England or Wales, or a register of local government electors in England” substitute “a register”;

(d) in paragraph 5, in sub-paragraph (b)(ii), after “regulation 32ZBF(5)” insert “or (5A)”;

(e) in paragraph 6 omit “in respect of a register of parliamentary electors in England or Wales, or a register of local government electors in England”;

(f) in paragraph 8 omit “in respect of a register of parliamentary electors in England or Wales, or a register of local government electors in England,”.

13.  In regulation 32ZBB(1) (annual canvass data matching) omit “of parliamentary electors in England or Wales, or a register of local government electors in England”.

14.  In regulation 32ZBC(1)(a) (processing of information in connection with annual canvass data matching) omit “in respect of a register of parliamentary electors in England or Wales, or a register of local government electors in England”.

15.  In regulation 32ZBD (annual canvass for properties where it may be necessary to make any addition to, or deletion from, an electoral register and steps to be taken where no response is received)—

(a) in paragraph 1 omit “of parliamentary electors in England or Wales, or a register of local government electors in England,”;

(b) in paragraph 4—

(i) after sub-paragraph (b) insert—

“(ba) where the registration officer holds a telephone number for one or more persons aged 16 or over who are registered in the register of local government electors in Wales, at the address, and whom the registration officer believes are resident at that address, by means of a telephone call to each of those persons;”;

(ii) at the end of sub-paragraph (c) omit “or”;

(iii) after sub-paragraph (c) insert—

“(ca) where the registration officer holds relevant contact details for one or more persons aged 16 or over who are registered in the register of local government electors in Wales, at the address, and whom the registration officer believes are resident at that address, by sending a communication by electronic means to each of those persons; or”;

(c) in paragraph 9—

(i) in sub-paragraph (a)(i) omit “in a register of parliamentary electors in England or Wales, or a register of local government electors in England,”;

(ii) at the end of sub-paragraph (a)(ii) omit “and”;

(iii) after sub-paragraph (a)(iii) insert—

“(iv) the full name, date of birth and nationality of each person whose application to be registered at the address in a register of local government electors in Wales, under section 10ZC(1) or 10ZD(1) of the 1983 Act has been successfully determined, where the date on which the applicant’s name will be published in a notice of alteration under section 13A(2) of the 1983 Act is after the date on which the form will be sent, with the exception of persons registered as mentioned in section 9D(6) of the 1983 Act; and”;

(d) after paragraph 9 insert—

“9A   In relation to a register of local government electors in Wales, the registration officer must not, under paragraph 9, print on the form the date of birth of any person aged under 16."”

16.  In regulation 32ZBE (annual canvass for properties where the registration officer is satisfied that it is not necessary to make any deletion from an electoral register and has no reason to believe that any additions to an electoral register may be required)—

(a) in paragraph 1(a) and (b) omit “of parliamentary electors in England or Wales, or a register of local government electors in England”;

(b) in paragraph 2 omit “of parliamentary electors in England or Wales, or a register of local government electors in England,”;

(c) in paragraph 3, for sub-paragraph (b) substitute—

“(b) where—

(i) the registration officer holds relevant contact details for one or more persons aged 18 or over who are registered at the address in a register of parliamentary electors in England or Wales, or a register of local government electors in England; or

(ii) the registration officer holds relevant contact details for one or more persons aged 16 or over who are registered at the address in a register of local government electors in Wales,

a communication by electronic means to each of those persons.”

(d) in paragraph 4, for “(3)(b)” substitute “(3)(b)(i)”;

(e) after paragraph 4 insert—

“(4A) Any communication sent under paragraph 3(b)(ii) must require the recipient to—

(a) confirm to the registration officer whether the information it contains in respect of persons who are registered at the address in a register of local government electors in Wales, with the exception of persons falling within section 9D(6) of the 1983 Act, is complete and accurate;

(b) provide to the registration officer, except where it is already included in the communication, the full name and nationality of each person aged 14 or over who is residing at the address and who is eligible to be registered in a register of local government electors in Wales, including an indication as to whether any of those persons is aged 76 or over; and

(c) provide to the registration officer the date of birth of each person aged 14 or 15 who is residing at the address and who is eligible to be registered in a register of local government electors in Wales.”

(f) in paragraph 5(b) for “(3)(b)” substitute “(3)(b)(i)”;

(g) after paragraph 5 insert—

“(5A) In circumstances where a registration officer for a register of local government electors in Wales—

(a) does not hold relevant contact details for one or more persons aged 16 or over who are registered at the address; or

(b) has sent a communication by electronic means under paragraph (3)(b)(ii) to one or more persons in respect of the address and has not, within a reasonable time of sending the communication, received the required information from at least one person in respect of the address,

the registration officer must send a canvass communication A to the address.”

(h) in paragraph 6—

(i) in sub-paragraph (a)(i) omit “in a register of parliamentary electors in England or Wales, or a register of local government electors in England,”;

(ii) in sub-paragraph (a)(ii) omit “in a register of parliamentary electors in England or Wales, or a register of local government electors in England”;

(i) in paragraph 7—

(i) in sub-paragraph (a) omit “of parliamentary electors in England or Wales, or a register of local government electors in England”;

(ii) in sub-paragraph (b) omit “in a register of parliamentary electors in England or Wales, or a register of local government electors in England”.

17.  In regulation 32ZBF (annual canvass in respect of particular types of property)—

(a) in paragraph 4—

(i) omit “in respect of a register of parliamentary electors in England or Wales, or a register of local government electors in England”;

(ii) after “paragraph 5” insert “or (5A)”;

(b) after paragraph (5) insert—

“(5A) The registration officer for a register of local government electors in Wales must attempt to make contact with the responsible person and must request the following information in respect of each person aged 14 or over who is residing at that property and is eligible to be registered in a register of local government electors in Wales—

(a) full name;

(b) date of birth;

(c) nationality;

(d) an indication as to whether that person is aged 76 or over.”

(c) in paragraphs 6, 7 and 8 after “paragraph (5)” insert “or (5A)”.

18.  In regulation 32ZBG (Electoral Commission requirements)—

(a) in paragraph 4(a), (b) and (d)(ii) omit “in a register of parliamentary electors in England or Wales, or a register of local government electors in England,”;

(b) after paragraph 4(d)(ii) insert—

“(iii) to provide the registration officer with the full name, date of birth and nationality of each person aged 14 or 15 who is eligible to be registered in a register of local government electors in Wales, and is residing at the address to which the communication relates, where that information is not included in the communication;”;

(c) in paragraph 5(a), (b) and (d) omit “in a register of parliamentary electors in England or Wales, or a register of local government electors in England,”;

(d) in paragraph 5(e), at the end omit “.” and insert “;”;

(e) after paragraph 5(e) insert—

“(f) require the recipient to provide the full name, date of birth and nationality of each person aged 14 or 15 who is eligible to be registered in a register of local government electors in Wales, and is residing at the address to which the form is given.”.

19.  In regulation 93(A) (notifying registration officer of change to edited register preference), omit paragraph (3).

Amendment to the Representation of the People (Annual Canvass) (Amendment) Regulations 2019

20.  The Representation of the People (Annual Canvass) (Amendment) Regulations 2019(3) are amended in accordance with regulation 21.

21.  In regulation 20(1) (data matching confirmation), after “a register of local government electors in England” insert “or Wales”.

Hannah Blythyn

Deputy Minister for Housing and Local Government, one of the Welsh Ministers

At 7:40 p.m. on 21 January 2020