Explanatory Notes

Senedd and Elections (Wales) Act 2020

1

15 January 2020

Introduction

Part 3.Elections

Electoral Registration

Section 16 - Application for registration

31.Section 16 makes a number of amendments to the 2001 Regulations in relation to applications for registration of local government electors in Wales.

32.Section 16(3)(a) amends regulation 26 so that it requires applicants who are not able to provide a date of birth to indicate whether they are under the age of 16, aged 16 or 17, or aged 18 or over.

33.The effect of the amendment in section 16(3)(b) is to require the Electoral Commission to include the additional information required in paragraph (1A) in its design of relevant application forms.

34.Section 16(3)(c) requires the Electoral Commission to include information on the Invitation to Register form specifying that, in the case of the registration of local government electors, persons who are not qualifying foreign citizens, Commonwealth citizens, citizens of the Republic of Ireland and relevant citizens of the Union are not eligible to be registered to vote.

35.Section 16(3)(d) requires the Electoral Commission to set out in relevant application forms how information about applicants for registration who are under the age of 16 will be held and used.

36.Section 16(3)(e) amends regulation 26 by removing the requirement for a National Insurance number to be provided when making an application for registration where the applicant is under the age of 16.

37.It also removes the requirement on registration officers to provide applicants with an explanation of the edited register where the applicant is under the age of 16 and the registration officer has authorised the applicant to provide the information required by telephone or in person. This is because no details of 14 or 15 year old persons will be included in the edited register.

38.Section 16(4) amends regulation 26B. Where the applicant is under the age of 16, the registration officer’s power to require additional information under that regulation does not apply if there is information available to the registration officer from educational records, and that information satisfies the registration officer with regard to the applicant’s identity and entitlement to be registered.

39.Section 16(5) removes the requirement in regulation 28 that an application to register, and any objection to such an application, must be made available for inspection, where an application is made by a person under the age of 16. The application details of persons under the age of 16 will not be published.

40.Section 16(6) provides that regulation 29ZA does not apply in cases where an application for registration is made by a person under the age of 16. Regulation 29ZA makes provision about verification of information provided in an application for registration which includes sending the information to be checked against records held by HM Revenue and Customs and the Department for Work and Pensions.