The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Amendment of the Police and Crime Commissioner Elections Order 2012 U.K.

17.—(1) The Police and Crime Commissioner Elections Order 2012 is amended as follows.

(2) In article 2(1) (interpretation), after the definition of “Senedd election” insert—

““service declaration” means a declaration made by a person under and in accordance with section 15 of the 1983 Act (service declaration)(1);”.

(3) In article 18 (other voting offences)—

(a) after paragraph (1) insert—

“(1A)  A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—

(a) at a PCC election, where P knows that the person to be appointed as a proxy to vote at that election, or at PCC elections, for four or more other electors;

(b) at a PCC election, where—

(i) P is or will be registered in a register of electors otherwise than in pursuance of a service declaration, and

(ii) P knows that the person to be appointed is already appointed as a proxy to vote at that election, or at PCC elections, for two or more other electors, none of whom is registered in a register of PCC electors in pursuance of a service declaration.”.

(b) for paragraph (4) substitute—

“(4) A person (“P”) is also guilty of an offence if P votes as a proxy—

(a) for more than four electors—

(i) at a PCC election;

(ii) where the polls for two or more PCC elections are held on the same day, at those elections taken together;

(b) for more than two electors—

(i) at a PCC election,

(ii) where the polls for two or more PCC elections are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of electors otherwise than in pursuance of a service declaration.”.

(4) In article 87 (sending of applications and notices: electronic signatures and related certificates), after paragraph (4) insert—

“(5)  Paragraph (2) does not apply in relation to an application for an absent vote made under Part 1 of Schedule 2, for which the general requirements are set out in paragraph 11 of Part 2 of that Schedule.”.

(5) In Schedule 2 (absent voting in PCC elections)—

(a) in paragraph 3 (application to vote by post or by proxy at a particular PCC election)—

(i) in sub-paragraph (4)(a), after “electors” insert “, other than a relevant Welsh elector,”;

(ii) in sub-paragraph (5), after “person” in the first place it occurs insert “other than a relevant Welsh elector”;

(iii) after sub-paragraph (9) insert—

“(10) In this paragraph, “relevant Welsh elector” means a person who is entitled to vote as an elector at a PCC election by virtue of section 52(1C) of the 2011 Act(2).”;

(b) in paragraph 4 (absent voter lists)—

(i) in sub-paragraph (2)(a)—

(aa) after “persons” insert “other than relevant Welsh electors”;

(bb) omit “or (b)”;

(ii) in sub-paragraph (3)(a), after “persons” insert “other than relevant Welsh electors”;

(iii) after sub-paragraph (5) insert—

“(6) In this paragraph, “relevant Welsh elector” has the meaning given in paragraph 3(10).”;

(c) in paragraph 6 (proxies at PCC elections: entitlement to vote), for sub-paragraph (5) substitute—

“(5) A person—

(a) is not entitled to vote as proxy at a PCC election on behalf of more than two electors who do not fall within sub-paragraph (6), but

(b) subject to paragraph (a), is entitled to vote as proxy at a PCC election on behalf of up to four electors.

(6) An elector falls within this sub-paragraph if the elector is registered in the register of electors in pursuance of a service declaration.

(7) Where the polls for two or more PCC elections are held on the same day, references in sub-paragraph (5) to a PCC election are to all of those PCC elections taken together.”;

(d) before paragraph 11 insert—

“Interpretation

10A.   In this Part, “digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for (amongst other purposes) the purpose of processing online applications for absent votes and for verifying information in accordance with paragraph 16B.”;

(e) in paragraph 11 (general requirements for applications for absent vote)—

(i) in sub-paragraph (1), after paragraph (a) insert—

“(aa) the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so,”;

(ii) after sub-paragraph (5) insert—

“(5A)  Where, by virtue of arrangements made by the Secretary of State, an application for an absent vote under Part 1 may be made through the digital service—

(a) the Secretary of State may complete the application in part using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act for registration in, or alteration of, a register of electors made through or completed using the digital service;

(b) where the application is required to contain a signature, the application must contain a compliant photograph or electronic scan of the applicant’s signature;

(c) the Secretary of State must—

(i) request that the applicant provide their most recent previous name (if they have one), and

(ii) provide an explanation of the purpose for which the information will be used.

(5B) In sub-paragraph (5A)(b) “compliant photograph or electronic scan of the applicant’s signature” means—

(a) the signature contained in the photograph or electronic scan complies with the requirements of paragraph (a) of sub-paragraph (3), and

(b) the photograph or electronic scan of the signature is sufficiently clear and unambiguous so as to comply with the requirements of sub-paragraph (3).”;

(iii) after sub-paragraph (7) insert—

“(8) Where an applicant is unable to provide a national insurance number in accordance with sub-paragraph (1)(aa), the applicant may provide as part of the application a copy of any of the documents listed in paragraph 16C(2) to (4).

(9) The Secretary of State must send to the appropriate registration officer—

(a) subject to sub-paragraph (10), any application the Secretary of State receives via the digital service,

(b) the applicant’s previous name (if any provided),

(c) any copy documentation provided by the applicant in accordance with sub-paragraph (8), and

(d) a reference number unique to that application.

(10) Where an application made through the digital service in accordance with paragraph (5A) includes the applicant’s national insurance number the Secretary of State—

(a) may send the registration officer that application without the national insurance number, and

(b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.”;

(f) in paragraph 14 (additional requirements: applications for the appointment of a proxy in respect of a particular PCC election)—

(i) in sub-paragraph (2), omit “together with the person’s family relationship (if any) with P”;

(ii) after sub-paragraph (7) insert—

“(7A) Where an application under paragraph 3(2) is made after 5pm on the sixth day before the date of the poll at the PCC election for which it is made because the circumstances set out in sub-paragraph (2E) of paragraph 16 apply, the application must (in addition to providing any other information required by this Part) state that it is being made because of those circumstances.

(7B) Paragraph 16(5) applies for the purposes of sub-paragraph (7A) as it applies for the purposes of paragraph 16.”;

(g) in paragraph 14A (additional requirements: applications for the appointment of a proxy on grounds relating to voter identification), in the heading for “relation” substitute “relating”;

(h) in paragraph 16 (closing date for applications)—

(i) in sub-paragraph (2) after paragraph (aa) insert—

“(ab) in the circumstances set out in sub-paragraph (2E), or”;

(ii) after sub-paragraph (2D) insert—

“(2E)  The circumstances are that the application was—

(a) submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made,

(b) submitted via the digital service, and

(c) not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made due to a technical defect in the digital service.”;

(i) after paragraph 16A (grounds relating to voter identification) insert—

“Verification of information provided in an application for absent vote

16B.— (1) On receipt of an application for an absent vote under Part 1 made otherwise than through the digital service, a registration officer must disclose the applicant’s name or names, address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Levelling Up, Housing and Communities in such format and through such an infrastructure system as the Secretary of State for Levelling Up, Housing and Communities may have notified to the registration officer in writing.

(2) Following receipt of the first stage information from the registration officer or, in the case of an application made through or partially completed using the digital service, from an applicant, the Secretary of State for Levelling Up, Housing and Communities may disclose the first stage information to the Secretary of State for Work and Pensions.

(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development); and

(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs); and

(b) any other information contained in such types of data which relates to the information disclosed under sub-paragraph (2).

(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(5) On receipt of the second stage information, the Secretary of State for Levelling Up, Housing and Communities may disclose that information—

(a) to the Secretary of State for Work and Pensions, or

(b) to the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates.

(6) Sub-paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (5)(a) as it applies to the first stage information disclosed under sub-paragraph (2).

(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(8) On receipt of the third stage information, the Secretary of State for Levelling Up, Housing and Communities may—

(a) compare the third stage information against the information provided in the relevant application for an absent vote, and

(b) notify the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates, as to whether the comparison in paragraph (a) resulted in a match.

(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Levelling Up, Housing and Communities in accordance with this regulation when determining the application.

(10) This paragraph does not apply in relation to an application under paragraph 3(2)—

(a) which is received by the registration officer after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, and

(b) where paragraph 16(2) or (2C) applies.

(11) In this paragraph—

(a) “infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

(b) the reference in sub-paragraph (1) to the applicant’s address is a reference to the address contained in the application in accordance with paragraph 11(1)(b).

Power to request additional evidence in relation to absent vote applications where registration officer considers it necessary

16C.— (1) This paragraph applies where, upon receipt of an application for an absent vote under Part 1, a registration officer considers additional evidence is necessary to verify the identity of the applicant.

(2) The registration officer may require that the applicant give them 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;

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

(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.

(3) Where an applicant is not able to give one of the documents in sub-paragraph (2), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of—

(a) one of the following documents, which, except in relation to sub-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;

(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;

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

(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 paragraph (a) or from sub-paragraph (4).

(4) Where the applicant is not able to give documents in accordance with sub-paragraph (3), the registration officer may require that the applicant give them 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—

(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, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act.

(5) If an applicant is unable to give the documentary evidence required under sub-paragraphs (2) to (4), the registration officer may require that the applicant give an attestation which must—

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

(b) be in writing and signed by a qualifying attestor,

(c) state the qualifying attestor’s full name, date of birth, occupation, residential address and (if different) the address in respect of which the qualifying attestor is registered as an elector,

(d) state—

(i) where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the attestor’s British passport number together with its date and place of issue;

(ii) otherwise, the qualifying attestor’s electoral number,

(e) include an explanation as to the qualifying attestor’s ability to confirm that the applicant is the person named in the application, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that that connection has existed,

(f) include—

(i) an indication that the qualifying attestor is aware of section 13D(1) of the 1983 Act (offence of provision of false information to a registration officer), and

(ii) a declaration by the qualifying attestor that all information provided in the attestation is true, and

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

(6) In sub-paragraph (5), a “qualifying attestor” is a person—

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

(b) who is registered as an elector in a local authority area in England or Wales

(c) except where the person is registered in pursuance of an overseas elector’s declaration, whom the registration officer is satisfied is of good standing in the community, and

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

(i) the date on which the revised register in which the qualifying attestor’s name appears was last published under section 13(1) of the 1983 Act; or

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

(7) In sub-paragraph (6)(d), a “relevant identity attestation” is an attestation provided in accordance with—

(a) sub-paragraph (5);

(b) regulation 26B(6) or 56C(6) of the 2001 Regulations;

(c) regulation 26B(6) or 56C(6) of the Representation of the People (Scotland) Regulations 2001;

(d) regulation 72B(6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

(e) regulation 7(6) of the Voter Identification Regulations 2022.

(8) Sub-paragraphs (2) to (6) do not apply where the applicant is registered, or has applied to be registered, in the register of electors in pursuance of the following declarations—

(a) a service declaration on the grounds that the applicant is a Crown servant or the spouse or civil partner of a Crown servant;

(b) a service declaration on the grounds that the applicant is a member of the forces; or

(c) a service declaration on the grounds that the applicant is the spouse or civil partner of a member of the forces.

(9) In the case of an application to which sub-paragraph (8)(a) or (c) applies, the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents, which has been certified by a Crown servant or British Council employee or an officer of the forces, who is not the applicant’s spouse or civil partner—

(a) the applicant’s passport; or

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

(10) In the case of an application to which sub-paragraph (8)(b) applies, the registration officer may require that the applicant give an attestation which must—

(a) confirm that the applicant is the person named in the application;

(b) be in writing and signed by an officer of the forces who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant;

(c) state the full name, address and rank of the person signing the attestation and the service (whether naval, military or air forces) in which they serve; and

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

(11) In this paragraph—

“Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man;

“Crown servant” has the meaning given by regulation 14 of the 2001 Regulations;

“member of the forces” has the same meaning as in section 59(1) of the 1983 Act;

“officer of the forces” means a member of the forces who is an officer.

(12) This paragraph does not apply in relation to an application under paragraph 3(2)—

(a) which is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it is made, and

(b) where paragraph 16(2) or (2C) applies.

Processing of information provided in connection with an application for an absent vote

16D.— (1) If a person provides an original document under paragraph 16C, the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In respect of an application for an absent vote under Part 1, the registration officer must retain until the application has been determined—

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

(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) Subject to paragraph (4), the registration officer may retain the application form, information and documents in paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in paragraph (2) by no later than the date which is 13 months from the date on which the registration officer determined the application.

(4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.

(5) Information disclosed under paragraph 16B must not be disclosed to any other person, except—

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

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

(6) A person who discloses information in breach of sub-paragraph (5) 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, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both).

(7) Any information disclosed under paragraph 16B 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.

(8) In this paragraph, “copy” includes an electronic copy.”;

(j) in paragraph 17 (grant or refusal of applications)—

(i) in sub-paragraph (1), at the end insert “of that decision and the date of the poll of the PCC election for which the applicant may vote by post”;

(ii) after sub-paragraph (4) insert—

“(4A) Sub-paragraphs (4B) to (4E) apply where—

(a) sub-paragraph (2) of paragraph 12 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored, or

(b) sub-paragraph (2) of paragraph 13 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored.

(4B) A notification under sub-paragraphs (1) or (4) to one of the following types of applicants must also include a statement that ballot papers will be sent to the postal ballot delivery address—

(a) an applicant registered in pursuance of a service declaration;

(b) an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act);

(c) an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act);

(d) an applicant who has an anonymous entry.

(4C) Where paragraphs (a) to (d) of sub-paragraph (4B) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with sub-paragraphs (1), (3), (4) or (6), notify the applicant in writing that—

(a) the application has been granted, refused or disregarded, and

(b) where the application has been granted, ballot papers will be sent to the postal ballot delivery address.

(4D) A notification under sub-paragraph (4C) must be delivered to—

(a) where both sub-paragraphs (4)(b) and (4A)(b) apply, the address shown in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000;

(b) otherwise—

(i) the address stated in the application in accordance with paragraph 11(1)(b), or

(ii) the proxy’s address stated in the application in accordance with paragraph 11(1)(c).

(4E) In sub-paragraphs (4B) and (4C), the “postal ballot delivery address” means—

(a) where sub-paragraph (4A)(a) applies, the address stated in the application in accordance with paragraph 11(1)(d);

(b) where sub-paragraph (4A)(b) applies, the different address described in paragraph 13(1).”;

(k) in paragraph 20 (absent voting lists: supply of copies etc), in sub-paragraph (6) after “16(2)” insert “or (2C)”;

(l) in paragraph 60, for Form 1 (proxy paper) substitute the corresponding form set out in Part 1 of Schedule 8.

(6) Schedule 3 (rules for the conduct of PCC elections where poll not taken together with poll at another election) is amended in accordance with paragraphs (7) and (8).

(7) In rule 37 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “the person has answered the previous question in the manner indicated (where applicable), and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Questions”, for question (c) substitute—

“(c) Have you already voted as proxy at this election or any other police and crime commissioner election for which the day of poll is today, whether here or elsewhere in this police area or in any other police area, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Have you already voted as a proxy at this election or any other police and crime commissioner election for which the day of poll is today, whether here or elsewhere in this police area or in any other police area, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other police and crime commissioner election for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4.

(8) In rule 70 (forms), for form 11 (official poll card) and form 13 (official proxy poll card) substitute the corresponding forms in Part 2 of Schedule 8.

Commencement Information

I1 Reg. 17(1)(2)(3)(a)(4)(5)(b)(i)(bb)(d)-(l) in force at 31.10.2023 see reg. 1(2)

I2 Reg. 17(3)(b)(5)(a)(b)(i)(aa)(ii)(iii)(c)(6)-(8) in force at 31.1.2024, see reg. 1(3)(d)

(1)

Section 15 was amended by paragraph 8 of Schedule 1 to the Representation of the People Act 2000 (c. 2); by sections 12(7) and 13(1) of the Electoral Administration Act 2006 (c. 22); by paragraph 15 of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6); by section 9(3) of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7); by section 1(5) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6); by section 20(3) of the Senedd and Elections (Wales) Act 2020 (anaw 1) and by S.I. 1995/1948. It is prospectively amended by paragraph 1(4) of Schedule 8 to the Elections Act 2022 (c. 37) from a date and time to be appointed.

(2)

Section 52(1C) was inserted by section 8(8) of the Wales Act 2017 (c. 4). It is prospectively amended by paragraph 6(3) of Schedule 8 to the Elections Act 2022 (c. 37) from a date and time to be appointed.