The Voter Identification Regulations 2022

Power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary E+W+S

7.—(1) A registration officer must require an applicant to provide additional evidence where the registration officer considers additional evidence is necessary to verify the identity of the applicant in respect of their identity document application, including where the officer considers it is necessary because the applicant is not able to state the information required by regulation 4(1)(d) or (e).

(2) Where a registration officer requires additional evidence—

(a) the officer must, at the same time, inform the applicant of—

(i) the evidence submission date, which is the date 28 days after the day on which the registration officer requires the additional evidence, and

(ii) the fact that the registration officer may reject the applicant’s identity document application in the event that the applicant fails or refuses to provide the additional evidence on or before the evidence submission date; and

(b) if the applicant provides additional evidence, it must be provided in accordance with—

(i) where the applicant has or is applying to have an anonymous entry on the register of parliamentary electors or local government electors, one of paragraphs (3) to (6);

(ii) otherwise, one of paragraphs (4) to (6).

(3) The applicant may provide a copy, or where the registration officer considers it appropriate, the original, of one of the following documents—

(a) the applicant’s passport;

(b) the applicant’s identity card issued in the European Economic Area;

(c) the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the Borders Act 2007(1);

(d) the applicant’s electoral identity card issued in Northern Ireland;

(e) the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

(4) The applicant may provide a copy, or where the registration officer considers it appropriate, the original of—

(a) one of the following documents, which, except in relation to paragraph (vii) must have been issued in the United Kingdom or Crown Dependencies—

(i) the applicant’s birth certificate;

(ii) the applicant’s marriage or civil partnership certificate;

(iii) the applicant’s adoption certificate;

(iv) the applicant’s firearms certificate granted under the Firearms Act 1968(2);

(v) the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976(3);

(vi) the applicant’s driving licence, which is not in the form of a photocard;

(vii) the applicant’s driving licence, granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom; and

(b) two other documents, each of which may be either from sub-paragraph (a) or paragraph (5).

(5) The applicant may provide a copy, or where the registration officer considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name as stated on the identify document application—

(a) a financial statement, including but not limited to—

(i) a mortgage statement;

(ii) a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;

(iii) a credit card statement;

(iv) a pension statement;

(b) a council tax demand letter or statement;

(c) a utility bill;

(d) a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(e) a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992(4), or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act(5).

(6) The applicant may provide an attestation which must—

(a) confirm that the applicant is the person named in the identity document application,

(b) state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,

(c) be in writing and signed by the qualifying attestor,

(d) state the full name, date of birth, address, electoral number and occupation of the qualifying attestor, and

(e) state the date on which it is made.

(7) In paragraph (6), the “qualifying attestor” is a person—

(a) whom the registration officer is satisfied is of good standing in the community,

(b) who is registered as an elector—

(i) where the registration officer to whom the application is made is appointed for an area in England or Wales, in a local authority area in England or Wales,

(ii) where the registration officer to whom the application is made is appointed for an area in Scotland, in a local authority area in Scotland,

(c) who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant, and

[F1 (ca) regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 2008;]

(d) who has not already signed [F2 a relevant identity attestation] for two applicants since, whichever is the later of,—

(i) the date on which the revised register in which that person’s name appears was last published under section 13(1) of the 1983 Act(6), or

(ii) the date on which a notice specifying that person’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B(3), (3B) or (3D) or 13BC(3) or (6) of that Act(7) (and if there has been more than one such notice, the date on which the last one was issued).

[F3 (7A) In paragraph (7)(d), a relevant identity attestation is an attestation provided in accordance with—

(a) paragraph (6);

(b) regulation [F4 26B(6) or (6ZA) or 56C(5A) or (6)] of the Representation of the People (England and Wales) Regulations 2001;

(c) regulation [F5 26B(6) or (6ZA) or 56C(5A) or (6)] of the Representation of the People (Scotland) Regulations 2001;

(d) paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012;

(e) regulation [F6 72B(5A) or (6)] of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016.]

(8) This regulation does not apply where—

(a) the applicant is under the age of 16,

(b) there is information available to the registration officer from any educational record relating to the applicant, and

(c) that information is sufficient to satisfy the registration officer as to the applicant’s identity.

(9) In this regulation, “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.

Textual Amendments

F1 Reg. 7(7A)(ca) inserted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2024 (S.I. 2024/43), regs. 1(1), 26(2)

F2 Words in reg. 7(7)(d) substituted (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(4)(a)

F3 Reg. 7(7A) 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(4)(b)

F4 Words in reg. 7(7A)(b) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 14(3)(a)

F5 Words in reg. 7(7A)(c) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 14(3)(a)

F6 Words in reg. 7(7A)(e) substituted (16.1.2024) by The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023 (S.I. 2023/1406), regs. 1(2), 14(3)(b)

Commencement Information

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

(1)

2007 c. 30. Section 5 was amended by paragraph 19 of the Schedule to the Identity Documents Act 2010 (c. 40).

(2)

1968 c. 27.

(3)

1976 c. 63. Section 5(1) was amended by paragraph (1)(a) of Schedule 3 to the Criminal Justice and Public Order Act 1994 (c. 33) and by Part 12 of Schedule 37 to the Criminal Justice Act 2003 (c. 44).

(4)

1992 c. 4. Section 141 was amended by section 1(1) of the Child Benefits Act 2005 (c. 6).

(5)

Section 130 was amended by paragraph 3 of Schedule 9 to the Local Government Finance Act 1992 (c. 14); by Part 6 of Schedule 19 to the Housing Act 1996 (c. 52); and by section 30(1) of, and paragraph 1(1) and (3) of Schedule 5 to, the Welfare Reform Act 2007 (c. 5). It is prospectively amended by section 96 of the Local Government Act 2000 (c. 22), and prospectively repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5), from a date and time to be appointed.

(6)

Section 13 was substituted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and subsection (1) was further substituted by section 5(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(7)

Sections 13A and 13B were inserted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000. Section 13A(2) was amended by paragraph 4 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006. Section 13AB was inserted by section 16(3) of the Electoral Registration and Administration Act 2013 (c. 6). Section 13B was amended by section 11 of the Electoral Administration Act 2006 (c. 22); by section 6(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006; by paragraph 3 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c. 13); by paragraph 13 of Schedule 4 to the Electoral Registration and Administration Act 2013; by paragraph 5 of Schedule 2 to the Recall of MPs Act 2015 (c. 25); and by S.I. 2018/1310. Section 13B is prospectively amended by section 18(8) of the Local Government and Elections (Wales) Act 2021 (asc 1) from a date and time to be appointed. Section 13BC was inserted by paragraph 7 of Schedule 2 to the Recall of MPs Act 2015.