Explanatory Notes

Electoral Registration and Administration Act 2013

2013 CHAPTER 6

31 January 2013

Territorial Extent

9.The Act extends to England and Wales, Scotland and Northern Ireland - in a technical sense it is law in all parts of the United Kingdom (with the exception of some amendments to other Acts which have the same territorial extent as the provisions amended). However, the majority of the provisions in the Act relating to Individual Electoral Registration apply only to Great Britain.

10.The principal subject matter of Part 1 of the Act (electoral registration) is reserved to the Westminster Parliament. However, the provision at section 3 relating to eligibility to be appointed as (and to vote as) a proxy, and the provisions in Parts 4 to 6 of Schedule 5 relating to entitlement to vote by post and proxy during the transitional period, are within the legislative competence of the Scottish Parliament to the extent that they relate to local government elections in Scotland.

11.The provisions which relate to emblems for candidates jointly nominated by two or more registered parties at a UK Parliamentary election will apply throughout the UK.

12.The provisions which extend the electoral timetable for UK Parliamentary elections (including moving the deadline for appointing polling and counting agents from 2 to 5 days before polling day) will apply throughout the UK with the exception of the additional register updates in the run-up to a poll (section 16) which will apply only to Great Britain. Those on queuing at close of poll extend throughout the UK.

13.The provisions relating to polling place reviews and the payment of fees to Returning Officers and that which relates to the notification by an ERO about a failed postal vote, will both apply to Great Britain only.

14.The provision that permits Police Community Support Officers to enter polling stations, and attend counts under the same conditions as police constables, and the provision relating to parish and community council elections, both apply to England and Wales only.