Elections and Elected Bodies (Wales) Act 2024 (asc5)

PART 1 E+W ELECTORAL ADMINISTRATION AND REGISTRATION

Prospective

CHAPTER 2 E+W ELECTORAL REGISTRATION WITHOUT APPLICATIONS

3 Duty to register local government electors E+W

(1) Section 18 (registration of local government electors without application) of the Local Government and Elections (Wales) Act 2021 (asc 1) is omitted.

(2) After section 9 of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) (registers of electors), insert—

“9ZA Duty to register eligible local government electors in Wales

(1) This section applies to the registration of local government electors for an area in Wales.

(2) The duty in subsection (3) applies if—

(a) a registration officer is aware of a person’s name and address,

(b) the person is not registered in the register of local government electors maintained by the officer, and

(c) the officer is satisfied that the person is entitled to be registered in that register.

(3) The registration officer must notify the person in writing of—

(a) the officer’s duty under subsection (5) to register the person after the end of the notice period,

(b) the exceptions to the duty under subsection (5) in paragraphs (a) to (c) of that subsection,

(c) the person’s right to request exclusion from the edited register of local government electors, if provision is made for an edited register in regulations under section 53,

(d) the person’s right to apply for anonymous registration,

(e) the type of elections in which the person will be entitled to vote following registration under this section, and

(f) the type of elections in which the person will not be entitled to vote following registration under this section unless an application for registration is made.

(4) In this section “the notice period” is the period of‍ 60 days beginning with the day on which the notice under subsection (3) is given.

(5) After the end of the notice period the registration officer must register the person in the register of local government electors, unless—

(a) the person has notified the officer in writing that the person does not wish to be registered,

(b) the officer is no longer satisfied that the person is entitled to be registered in the register of local government electors (whether because of information provided by the person or otherwise), or

(c) the person has notified the officer that the person wishes to make an application for an anonymous entry in the local government register under section 9B in conjunction with an application for registration in that register under section 10ZC or the person has made such an application.

(6) The Welsh Ministers may by regulations make provision about giving notice for the purpose of this section, including (but not limited to) provision—

(a) about the form of the notice;

(b) about how the notice is given;

(c) requiring or authorising the registration officer to give a copy of the notice to a person other than the person to be registered.

(7) The registration officer must keep a separate list of the persons registered under this section.

(8) The power to make regulations under this section is exercisable by statutory instrument.

(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.”

Commencement Information

I1 S. 3 not in force at Royal Assent, see s. 72(4)

4 Provision connected to the duty to register eligible local government electors E+W

(1) The 1983 Act is amended as follows.

(2) In section 9 (registers of electors), after subsection (2) insert—

“(2A) Subject to any other provision of this Act, each register of local government electors for an area in Wales must also contain the names of persons who are registered in accordance with section 9ZA(5) along with the information mentioned in paragraphs (b) and (c) of subsection (2) relating to those persons.”

(3) In section 9E (maintenance of registers: invitations to register in Great Britain), after subsection (1) insert—

“(1A) The duty of a registration officer under subsection (1) does not apply in relation to the registration of a person in a register of local government electors for an area in Wales if—

(a) the registration officer has yet to complete any steps prescribed under section 53 in connection with the duty in section 9ZA(3) as it relates to the person or is otherwise yet to decide whether the duty in section 9ZA applies to the person,

(b) the duty in section 9ZA(3) applies in relation to the person and the notice period under that section has not ended, or

(c) the duty in section 9ZA(5) applies in relation to the person.”

(4) In section 13A(1) (alteration of registers), after paragraph (zb) insert—

“(zc) in the case of a registration officer for a local government area in Wales, is required by section 9ZA(5) to enter a person in the register;”.

(5) In section 13AB(1) (alteration of registers: interim publication dates), in paragraph (a) after “(zb),” insert “(zc),”.

(6) In section 13B(2) (alteration of registers: pending elections), in paragraph (a) after “(zb),” insert “(zc),”.

(7) In section 53 (power to make regulations as to registration etc.), after subsection (8) insert—

“(8A) Provision made by regulations relating to the matters specified in paragraph 1A(1)(aa) of Schedule 2—

(a) may only be made by the Welsh Ministers;

(b) may not include provision that would require the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 (c. 32) if the provision were included in an Act of Senedd Cymru;

(c) may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.”

(8) In section 56(1) (registration appeals: England and Wales), after paragraph (aa) insert—

“(azaa) from any decision of a registration officer for a local government area in Wales to register a person under section 9ZA(5);”.

(9) In Schedule 2 (provisions which may be contained in regulations as to registration etc.)—

(a) in paragraph 1A(1), after paragraph (a) insert—

“(aa) to decide whether a person is eligible to be included in the register for the purpose of section 9ZA,”;

(b) after paragraph 1B insert—

“1C Provision authorising or requiring a registration officer maintaining a register of local government electors for an area in Wales to take specified steps for the purpose of deciding whether a person is eligible to be included in the register for the purpose of section 9ZA.”

(c) in paragraph 10, after sub-paragraph (2) insert—

“(3) This paragraph does not apply to a register of local government electors for an area in Wales.”

(d) in paragraph 10B, after sub-paragraph (3) insert—

“(4) Paragraph (b) of sub-paragraph (1) does not apply to a register of local government electors for an area in Wales.”

Commencement Information

I2 S. 4 not in force at Royal Assent, see s. 72(4)