Elections Act 2022

Part 1 Minor and consequential amendments

Representation of the People Act 1983

1 RPA 1983 is amended as follows.

2 In section 4 (entitlement to be registered as parliamentary or local government elector), in subsection (4)(b), for “section 2(1)” substitute “section 1B(1)”.

3 In section 202(1) (general provisions as to interpretation), for the definition of “overseas elector’s declaration” substitute—

• ““overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985;”.

4 (1) Schedule 2 (provisions which may be contained in regulations as to registration etc) is amended as follows.

(2) After paragraph 3ZA insert—

“3ZB(1) Provision about renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985), including in particular provision about their form and contents.

(2) Provision made under sub-paragraph (1) may include provision conferring functions on the Electoral Commission.”

(3) In paragraph 4, after sub-paragraph (2) insert—

“(3) Provision as to the manner in which renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985) are to be transmitted to the registration officer.”

(4) In paragraph 5, after sub-paragraph (1A) insert—

“(1AA) The provision that may be made under sub-paragraph (1A) includes provision authorising a registration officer, despite provision contained in regulations made by virtue of that sub-paragraph—

(a) to require such other kind of evidence as the officer considers appropriate, or

(b) to deem such other kind of evidence as the officer considers appropriate to be sufficient or conclusive evidence.”

Representation of the People Act 1985

5 In section 12 of the Representation of the People Act 1985 (offences as to declarations)—

(a) in subsection (1), for “an overseas elector’s declaration”, in both places, substitute “a relevant declaration”;

(b) after subsection (1) insert—

“(1A) In subsection (1) “relevant declaration” means—

(a) an overseas elector’s declaration;

(b) a renewal declaration (within the meaning given by section 1D(2)).”

Finance Act 1996

6 In section 200 of the Finance Act 1996 (domicile for tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.

Income Tax Act 2007

7 In section 835B of the Income Tax Act 2007 (domicile for income tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.

Constitutional Reform and Governance Act 2010

8 In section 42 of the Constitutional Reform and Governance Act 2010 (tax status of members of the House of Lords: transitional provision), omit subsection (7).

Police Reform and Social Responsibility Act 2011

9 In section 102(1) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1), for the definition of “overseas elector’s declaration” substitute—

• ““overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985.”

House of Lords Reform Act 2014

10 In section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member of the House of Lords), omit subsection (6).

Consequential repeals

11 In consequence of section 14(1), the following are repealed—

(a) paragraphs 1 to 4 of Schedule 2 to the Representation of the People Act 2000;

(b) section 141 of PPERA;

(c) section 12(9) of the Electoral Administration Act 2006;

(d) paragraph 21 of Schedule 4 to the Electoral Registration and Administration Act 2013, and the italic heading before that paragraph;

(e) section 15(1) of the Northern Ireland (Miscellaneous Provisions) Act 2014.