The Voter Identification Regulations 2022

Processing of information provided in connection with an identity document application E+W+S

14.—(1) If a person provides an original document under regulation 7(3), (4) or (5), the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In the remainder of this regulation, the “relevant documents and information” in respect of an identity document application means—

(a) the application form or, in the case of an application made through the digital service, the information contained in the application [F1 transmitted to the registration officer by the Secretary of State], and

(b) any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (1), a copy of such documents.

(3) The registration officer must retain the relevant documents and information—

(a) where the registration officer grants the identity document application, for the period of 28 working days beginning with the day on which the registration officer granted the application;

(b) where the registration officer refuses the identity document application, for the period of 12 months beginning with the day on which the registration officer refused that application.

(4) Information disclosed under regulation 6 must not be disclosed to any other person, except—

(a) for the purpose of determining the application in connection with which the information was disclosed, or

(b) for the purpose of any civil or criminal proceedings.

(5) A person who discloses information in breach of paragraph (4) is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine (or both);

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both);

(ii) in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

(6) Any information disclosed under regulation 6 must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Levelling Up, Housing and Communities in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

(7) In this regulation—

“copy” includes an electronic copy;

“working day” means any day other than a Saturday, Sunday, Good Friday, Christmas Eve, Christmas Day or a bank holiday;

“bank holiday” means—

(a)

where the registration officer is appointed for an area in England or Wales, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;

(b)

where the registration officer is appointed for an area in Scotland, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.

Textual Amendments

F1 Words in reg. 14(2)(a) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 22(5)

Commencement Information

I1 Reg. 14(1)-(5)(7) in force at 16.1.2023, see reg. 1(3)

I2 Reg. 14(6) in force at 13.1.2023, see reg. 1(2)