Explanatory Notes

Electoral Registration and Administration Act 2013

2013 CHAPTER 6

31 January 2013

Commentary on Sections


Schedule 5: Transitional provision to do with Part 1

Part 6: Persons with existing registrations by virtue of section 7(2) or 7A(2) of the Representation of the People Act 1983

140.Paragraph 24 states that Part 6 applies to people who are registered on the basis of residence in mental hospitals or a place where they are held on remand, and have been registered on that basis since immediately before the commencement date.

141.Paragraph 25 has the effect that on the first occasion on or after 3 months after the commencement date on which a person’s entry comes up for renewal they will only remain registered if they make a successful application for registration under the new system. Until that point they may remain registered under the old system.

142.Paragraph 26 has the effect that an application for an absent vote made by the person on or after the commencement date may be granted even though at that point the person has not made a successful application to be registered under the new system.

143.Paragraph 27 states that such a person’s proxy need not have made a successful application for registration under the new system until the first occasion on which the relevant person makes a successful new application to register.

144.Paragraph 28 enables an order to be made by the Secretary of State or Lord President of the Council to remove certain carried-forward entries on publication of a register following the second new canvass (expected to be in December 2015) instead of publication following the third new canvass (expected to be in December 2016), as provided for in paragraph 6 of this Schedule. Such an order is subject to the negative resolution procedure.