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Statutory Instruments

2001 No. 341

REPRESENTATION OF THE PEOPLE

The Representation of the People (England and Wales) Regulations 2001

Made

9th February 2001

Coming into force

16th February 2001

Whereas a draft of these Regulations has been approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by the provisions which are specified in Schedule 1 to these Regulations, hereby makes the following Regulations:—

Modifications etc. (not altering text)

C1Regulations applied in part (with modifications) (2.4.2001) by The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298), regs. 1(1), 8(1), Sch. 3 (with regs. 8(2), 10-12, 16, 17, 20, 25)

C12Regulations applied in part (with modifications) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, Sch. 4 para. 1 Table 5 (as amended (31.1.2020) by S.I. 2019/115, regs. 1, 4(3); S.I. 2020/93, reg. 2)

C13Regulations applied in part (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 4 para. 8, Sch. 6 para. 59(3)

C14Regulations modified (temp. from 31.7.2013 until 31.12.2014) (21.6.2013) by The Elections (Fresh Signatures for Absent Voters) Regulations 2013 (S.I. 2013/1599), regs. 1(1), 2

C15Regulations: transfer of functions (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 5(2)(a) (with art. 9)

C18Regulations modified (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), arts. 1, 3(2)-(4), Sch. 2 (as amended (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 11(3) and (7.2.2024) by S.I. 2024/131, regs. 1(3), 12(6))

C19Regulations applied (with modifications) (31.12.2020) by S.I. 2012/323, regs. 8, 11, 12, 13, Sch. 4 para. 1 Table 6 (as amended by S.I. 2018/1310, reg. 1, Sch. 2 para. 10 (as amended by S.I. 2019/1389, regs. 1, 2(2)) and (16.1.2023) by S.I. 2022/1382, regs. 1(3), 49(3) (with reg. 1(6)(7)))

C20Regulations applied (with modifications) (31.12.2020) by S.I. 2012/444, regs. 14, 18, 19, Sch. 4 para. 1 Table 6 (as amended by S.I. 2018/1310, reg. 1, Sch. 2 para. 11 (as amended by S.I. 2019/1389, regs. 1, 2(2)) and (16.1.2023) by S.I. 2022/1382, regs. 1(3), 53(3) (with reg. 1(6)(7))

C21Regulations applied (with modifications) (31.12.2020) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Table 6 (as amended by S.I. 2018/1310, reg. 1, Sch. 2 para. 13 (as amended by S.I. 2019/1389, regs. 1, 2(2)) and (16.1.2023) by S.I. 2022/1382, regs. 1(3), 65(3) (with reg. 1(6)(7)))

PART IE+WGENERAL, INTERPRETATION AND MISCELLANEOUS

Citation, commencement and extentE+W

1.—(1) These Regulations may be cited as the Representation of the People (England and Wales) Regulations 2001 and shall come into force on 16th February 2001.

(2) These Regulations shall not extend to Scotland or Northern Ireland.

Commencement Information

I1Reg. 1 in force at 16.2.2001, see reg. 1(1)

RevocationsE+W

2.  The instruments listed in column 1 of Schedule 2 to these Regulations (which have the references listed in column 2) are hereby revoked to the extent indicated in column 3 of that Schedule.

Commencement Information

I2Reg. 2 in force at 16.2.2001, see reg. 1(1)

InterpretationE+W

3.—(1) For the purposes of these Regulations, unless the context otherwise requires—

“1983 Act” means the Representation of the People Act 1983(1);

“1985 Act” means the Representation of the People Act 1985(2);

“2000 Act” means the Representation of the People Act 2000(3);

[F1“Article 89 GDPR purposes” means the purposes mentioned in Article 89(1) of [F2the UK GDPR] (archiving in the public interest, scientific or historical research and statistics);]

“available for inspection” means available for inspection during ordinary office hours;

“British Council employee” means a person employed by the British Council in a post outside the United Kingdom;

[F3“candidate” has the same meaning as in section 118A of the 1983 Act];

[F4“certificate of anonymous registration” means a certificate issued in pursuance of regulation 45G;]

“Crown servant” means a person who is employed in a post falling within the class or description set out in regulation 14 below;

[F5“data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose;]

[F6“data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose;]

[F1“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);]

[F7“digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for [F8Housing, Communities and Local Government] for (amongst other purposes) the purpose of—

(a)

processing online applications under sections 10ZC and 10ZD of the 1983 Act and online relevant absent voting applications,

(b)

verifying information under regulations 29ZA [F9, 29ZAA, 29ZAB] and 56B, and

(c)

data matching under regulation 32ZBB in respect of the annual canvass for a register of parliamentary electors or local government electors in England or Wales;]

[F6“edited register” has the meaning given in regulation 93(1) below;]

F10...

F10...

F11...

[F12“left behind postal voting document” is a postal voting document relating to a parliamentary election or a local government election in England that is left behind at a polling station or left for the returning officer without being handed in and for which no return of postal voting documents form has been completed;]

“list of overseas electors” means the list prepared under regulation 45 below;

“overseas elector” means a person who has made an overseas elector’s declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;

[F13“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;]

[F14“previous registration condition” has the same meaning as in section 1A(2) of the 1985 Act;]

[F14“previous residence condition” has the same meaning as in section 1A(3) of the 1985 Act;]

[F15“qualifying Commonwealth citizen” has the same meaning as in section 4(6) of the 1983 Act;]

“register” means the register of electors;

[F16“registration area” means the area for which a registration officer acts;]

“registration officer” means the electoral registration officer;

[F17“relevant absent voting application” has the meaning given in paragraph 1A(7)(a)(i) of Schedule 2 to the 1983 Act;]

[F18“relevant contact details” means—

(a)

an email address;

(b)

a telephone number; or

(c)

an electronic identifier unique to the individual;]

[F19“relevant EU applicant” means an applicant—

(a)

who is a citizen of a member State, and

(b)

who is not, or is not also—

(i)

a citizen of a member State listed in Schedule 6A to the 1983 Act,

(ii)

a qualifying Commonwealth citizen, or

(iii)

a citizen of the Republic of Ireland;]

[F20“renewal declaration” means a declaration made under and in accordance with section 1E of the 1985 Act;]

[F12“return of postal voting documents form” has the meaning given in regulation 79A;] and

[F21“the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018].

(2) A reference in these Regulations to a numbered rule in the elections rules shall be construed as a reference to—

(a)the rule of that number in the parliamentary elections rules in Schedule 1 to the 1983 Act in the case of a parliamentary election, or

(b)the corresponding rule in the rules made under section 36 of the 1983 Act in the case of a local government election.

(3) A reference in these Regulations to a form identified by means of a letter shall be construed as a reference to the form so identified in Schedule 3 to these Regulations.

[F22(3A) For the purposes of regulations 26, 26A, 26B, F23... F24... 32ZE, 32ZF, 32ZG and 32ZH a document may be given to a person—

(a)by delivering it to the person;

(b)by leaving it at the person’s address; or

(c)by sending it to the person by post.]

[F25(3B) The following documents may be transmitted by an applicant to a registration officer by electronic means—

(a)a document provided in accordance with regulation 18(8)(b), 24A(4) or 26(9B) or (9C);

(b)in relation to an application to which regulation 26A applies which is made by an applicant who is registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26A(4);

(c)in relation to an application made in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26B(2) to (4);

(d)a document provided in accordance with regulations 26C to 26H or 26J;

(e)in relation to an application to which regulation 31G applies which is made by an applicant who is, or who has applied to be, registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 31G(3);

(f)a document provided in accordance with regulation 51(9) or 56C.]

(4) In the application of these Regulations to the registers which are required to be published not later than 15th February 2001 by section 13(1) of the 1983 Act, as enacted, references to the publication of the revised version are to be read as references to the publication of the register.

Textual Amendments

F12Words in reg. 3(1) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(2)

Modifications etc. (not altering text)

C26Reg. 3 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 18(5)(c)(i))

Commencement Information

I3Reg. 3 in force at 16.2.2001, see reg. 1(1)

FormsE+W

4.—(1) The registration officer shall supply free of charge as many forms for use in connection with—

(a)[F26applications made under sections 10ZC(1)(a) and 10ZD(1)(a) of the 1983 Act], and

(b)applications made under Schedule 4 to the 2000 Act and Part IV of these Regulations,

as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with an election.

(2) The forms set out in Schedule 3 to these Regulations or forms substantially to the like effect may be used with such variations as the circumstances may require.

Textual Amendments

Modifications etc. (not altering text)

C29Reg. 4(1)(b) applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6 (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 15(5)(c)(ii) and (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 6(3)(b)(i))

C30Reg. 4(1)(b) applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27) (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 16(5)(c)(ii) and (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 7(3)(b)(i))

C31Reg. 4(1)(b) applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended: (6.4.2014) by S.I. 2014/333, regs. 1(6), 10(b) (with reg. 1(7)); (31.10.2023) by S.I. 2023/1147, regs. 1(2), 18(5)(c)(ii)); and (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 9(3)(b)(i))

Commencement Information

I4Reg. 4 in force at 16.2.2001, see reg. 1(1)

Communication of applications, notices etc.E+W

5.—[F27(1)] The requirement in these Regulations that any [F28application, notice [F29, relevant attestation] [F30, renewal declaration] or representation] should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a)is transmitted by electronic means,

(b)is received in legible form, and

(c)is capable of being used for subsequent reference.

[F31(2) Paragraph (1) does not apply to notice of a requirement to register given under regulation 32ZE(1) or notice of a civil penalty given under regulation 32ZF(2).]

[F32(3) In paragraph (1), “relevant attestation” means—

(a)an attestation under regulations 26B(6ZA), 26E, 26F, 26G or 26H;

(b)an attestation under regulation 31J in relation to an application to which regulation 31G applies which is made by an applicant who is, or who has applied to be, registered in pursuance of an overseas elector’s declaration;

(c)an attestation under regulation 56C(6).]

Textual Amendments

Modifications etc. (not altering text)

C34Reg. 5 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I5Reg. 5 in force at 16.2.2001, see reg. 1(1)

Electronic signatures and related certificatesE+W

6.—(1) A requirement in these Regulations for an [F33application, notice or representation] to be signed is satisfied (as an alternative to the signature given by hand) where there is—

(a)an electronic signature incorporated into or logically associated with a particular electronic communication, and

(b)the certification by any person of such a signature.

(2) For the purposes of this regulation an electronic signature is so much of anything in electronic form as—

(a)is incorporated into or otherwise logically associated with any electronic communication or both; and

(b)purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(3) For the purposes of this regulation an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a)the signature,

(b)a means of producing, communicating or verifying the signature, or

(c)a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

[F34(4) This regulation does not apply in relation to a relevant absent voting application, for which the general requirements are set out in regulation 51.]

Textual Amendments

Modifications etc. (not altering text)

C38Reg. 6 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I6Reg. 6 in force at 16.2.2001, see reg. 1(1)

Copies of documentsE+W

7.—[F35(1)] Where a document is made available for inspection under these Regulations, any person may make a copy (whether hand-written or by other means) of the whole or any part of it.

[F36(2) Paragraph (1) does not apply to the full register.

(3)  A person inspecting the full register may not—

(a)make copies of any part of it, or

(b)record any particulars included in it,

otherwise than by means of hand-written notes.

(4) A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)  In this regulation “full register” includes—

(a)any part of it; and

(b)any notice published under section 13A(2) [F37,13AB(2)] or 13B(3) [F38, (3B) or (3D)] of the 1983 Act altering the register.]

[F39(6) Paragraph (1) does not apply to copies of information covered by regulation 61(1) or to any of the documents open to public inspection under regulation 118.]

Textual Amendments

Modifications etc. (not altering text)

C44Reg. 7 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I7Reg. 7 in force at 16.2.2001, see reg. 1(1)

TimeE+W

8.—(1) Where the day or last day of the time allowed by these Regulations for the doing of any thing falls on any of the days mentioned in paragraph (3) below, that time shall be extended until the next following day which is not one of those days.

(2) Subject to regulation 56(6) below, in computing any period of not more than 7 days for the purposes of these Regulations any of the days mentioned in paragraph (3) below shall be disregarded.

(3) The days referred to in paragraphs (1) and (2) above are a Saturday, Sunday, Christmas Eve, Christmas Day, F40... Good Friday or a bank holiday.

(4) In paragraph (3) above “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(5) in England and Wales.

Textual Amendments

Modifications etc. (not altering text)

C48Reg. 8 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I8Reg. 8 in force at 16.2.2001, see reg. 1(1)

[F41Official poll card and postal poll card at parliamentary electionsE+W

9.—(1) For the purposes of rule 28(3) of the rules in Schedule 1 to the 1983 Act, the following forms are hereby prescribed.

(2) The official poll card issued to an elector shall be in Form A.

(3) The official postal poll card issued to an elector shall be in Form A1.

(4) The official poll card issued to the proxy of an elector shall be in Form B.

(5) The official postal poll card issued to the proxy of an elector shall be in Form B1.]

Textual Amendments

Commencement Information

I9Reg. 9 in force at 16.2.2001, see reg. 1(1)

Return and declaration of election expensesE+W

10.—(1) For the purpose of section 75(3) of the 1983 Act, the form of the return of election expenses shall be in Form C and the form of the declaration as to election expenses shall be in Form D.

F42(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The price of a copy of any such return, declaration or [F43any accompanying document] shall be at the rate of 20p for each side of each page.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 16.2.2001, see reg. 1(1)

Interference with notices etc.E+W

11.  If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on a summary conviction to a fine not exceeding level 3 on the standard scale.

Modifications etc. (not altering text)

C52Reg. 11 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I11Reg. 11 in force at 16.2.2001, see reg. 1(1)

Device referred to in rule 29(3A) (b) of parliamentary elections rulesE+W

F4412.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12Reg. 12 in force at 16.2.2001, see reg. 1(1)

Registration of European Parliamentary overseas electorsE+W

F4513.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART IIE+WSERVICE AND OVERSEAS ELECTORS' DECLARATIONS

Service declarationsE+W

Qualification for Crown servantE+W

14.  A person (not being a member of the forces within the meaning of section 59(1) of the 1983 Act) who is employed in the service of the Crown in a post outside the United Kingdom falls within the class or description referred to in section 14(1)(b) of the 1983 Act if he is required to devote his whole working time to the duties of that post and the remuneration of it is paid wholly out of money provided by Parliament.

Commencement Information

I13Reg. 14 in force at 16.2.2001, see reg. 1(1)

Contents of service declarationE+W

15.—(1) In addition to the matters specified in paragraphs (a) to (f) of section 16 of the 1983 Act(6), a service declaration shall state—

(a)the declarant’s full name and present address,

(b)the grounds on which the declarant claims a service declaration, and

(c)such of the particulars specified in paragraph (2), (3) or (4) below as are relevant to the service qualification claimed by the declarant.

[F46(1A) In relation to the registration of local government electors in Wales, paragraph (1)(c) does not apply in a case where the declarant claims a service qualification under section 14(1A) of the 1983 Act (see instead regulation 15A).]

(2) Where the declarant claims a service qualification on the grounds that he is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse [F47or civil partner] of such a member, the service declaration shall state—

(a)the service (whether naval, military or air forces) in which that member serves,

(b)the rank or rating of that member, and

(c)the service number of that member;

and where that member serves in the military forces, the service declaration shall in addition state the regiment or corps in which he serves.

(3) Where the declarant claims a service qualification on the grounds that he is a Crown servant to whom regulation 14 above applies or the spouse [F48or civil partner] of such a servant, the service declaration shall state—

(a)the name of the Government department in which that servant works, F49...

(b)a description of the post of that servant [F50, and

(c)any staff number, payroll number or other similar identifying number of that servant.]

[F51(3A) In relation to the registration of local government electors in Wales, the reference to “Government department” in paragraph (3) includes any organisation in which a Crown servant works.]

(4) Where the declarant claims a service qualification on the grounds that he is a British Council employee or the spouse [F52or civil partner] of such an employee, the service declaration shall [F53state—

(a)a description of the post of that employee, and

(b)any staff number, payroll number or other similar identifying number of that employee].

Textual Amendments

Commencement Information

I14Reg. 15 in force at 16.2.2001, see reg. 1(1)

[F54Contents of service declaration: declarant with a service qualification under section 14(1A) of the 1983 ActE+W

15A—(1) In relation to the registration of local government electors in Wales, a service declaration by a person claiming a service qualification under section 14(1A) of the 1983 Act must include, in addition to the matters specified in regulation 15(1)(a) and (b), such of the particulars specified in paragraph (2), (3) or (4) as are relevant to the declarant.

(2) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the declaration must state—

(a)the service (whether naval, military or air forces) in which the member serves,

(b)the rank or rating of the member,

(c)the service number of the member, and

(d)where the member serves in the military forces, the regiment or corps in which the member serves.

(3) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a Crown servant to whom regulation 14 applies or the spouse or civil partner of such a servant, the declaration must state—

(a)the name of the organisation in which the servant works,

(b)a description of the post of the servant, and

(c)any staff number, payroll number or other similar identifying number of the servant.

(4) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a British Council employee or the spouse or civil partner of such an employee, the declaration must state—

(a)a description of the post of the employee, and

(b)any staff number, payroll number or other similar identifying number of the employee.]

Textual Amendments

[F55Transmission of service declarationE+W

16.  A service declaration—

(a)must be transmitted to the registration officer for the area within which is situated the address specified in the declaration in accordance with section 16(d) of the 1983 Act; and

(b)may be transmitted through the digital service.]

Textual Amendments

Notification by registration officer in respect of service declarationsE+W

17.—(1) Where the registration officer is satisfied that the service declaration is duly made he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of a service declaration because it—

(a)does not contain the particulars required in paragraphs (a) to (f) of section 16 of the 1983 Act and regulation 15 above, or

(b)does not comply with the requirements of sections 14 and 15 of the 1983 Act(7) or, where appropriate, regulation 14 or 16 above,

he shall return the declaration to the declarant setting out his reasons for so doing.

Commencement Information

I15Reg. 17 in force at 16.2.2001, see reg. 1(1)

Overseas electors' declarationsE+W

[F56Contents of overseas elector’s declarationE+W

18.—(1) In addition to the information required by section 1C(1) to (4) of the 1985 Act, an overseas elector’s declaration must include the information required by this regulation relating to the declarant (‘D’).

(2) The declaration must include an indication as to whether D’s name has changed—

(a)where D applies to be registered in reliance on the previous registration condition, since D was last included in an electoral register;

(b)where D applies to be registered in reliance on the previous residence condition, since D was (as the case may be)—

(i)last resident at the address included in the declaration in accordance with section 1C(3)(a)(i) of the 1985 Act, or

(ii)where section 1C(4) of the 1985 Act applies, last resident in the United Kingdom.

(3) Where in accordance with paragraph (2) an indication is included in the declaration that D’s name has changed, the declaration must also include—

(a)D’s name in respect of which D was last registered or when D was last resident (as the case may be), and

(b)an explanation as to the change of name.

(4) The declaration must include D’s present address.

(5) The declaration must include—

(a)the number and date and place of issue of D’s relevant passport,

(b)if D does not have a relevant passport but was born in the United Kingdom before 1st January 1983, an indication of those facts, or

(c)if D does not have a relevant passport and was not born in the United Kingdom before1st January 1983, a statement as to when and how D acquired the status of British citizen, together with the date, place and country of D’s birth.

(6) In paragraph (5)—

“relevant passport” means a British passport (whether current or expired) which describes D’s national status as “British citizen”;

“the United Kingdom” has the same meaning as in section 50 of the British Nationality Act 1981.

(7) Where D applies to be registered in reliance on the previous registration condition, the declaration must include an indication as to whether when last registered D was registered in pursuance of—

(a)an overseas elector’s declaration,

(b)a service declaration, or

(c)a declaration of local connection.

(8) Where D applies to be registered in reliance on the previous residence condition—

(a)the declaration must include an indication as to whether D was under 18 years old on the last day that D was resident in the United Kingdom, and

(b)where D indicates that D was under 18 years old on that last day, D may provide as part of D’s declaration any information or document described in regulation 26C.

(9) Where section 1C(4) of the 1985 Act applies, the declaration must include—

(a)a statement as to which of the categories of persons, to which section 7B of the 1983 Act (notional residence: declarations of local connection) applies, applied to D on the last date that D was resident in the United Kingdom, and

(b)where section 7B(2)(a) or (b) applied to D, the name and address of the mental hospital (within the meaning of section 7 of the 1983 Act) at which D was a patient, or (as the case may be) of the place at which D was detained, on that date.]

Textual Amendments

Certain declarants to supply copy of birth certificatesE+W

F5719.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attestation of certain overseas electors' declarationsE+W

F5820.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transmission of overseas elector’s declarationE+W

21.  An overseas elector’s declaration shall be transmitted to the registration officer for that part of a constituency within which is situated the address specified in the declaration in accordance with [F59section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act by—

(a)the Secretary of State, where the declaration forms part of an application made through the digital service in accordance with regulation 26(9);

(b)otherwise, by the declarant.]

Textual Amendments

Commencement Information

I16Reg. 21 in force at 16.2.2001, see reg. 1(1)

Notification about registration as overseas electorE+W

22.—(1) Where the registration officer is satisfied that the declarant qualifies as an overseas elector under the provisions of [F60section 1A] of the 1985 Act, he shall so notify the declarant.

(2) Where the registration officer rejects an application for registration in pursuance of an overseas elector’s declaration because—

(a)in his opinion the declarant does not qualify as an overseas elector under [F61section 1A] of the 1985 Act, or

(b)the declaration does not satisfy the requirements of [F62section 1C of the 1985 Act or regulation 18], F63...

F63(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F64the registration officer must notify the declarant in writing and set out the officer’s reasons for rejecting the application for registration.]

F65(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I17Reg. 22 in force at 16.2.2001, see reg. 1(1)

[F66Overseas electors: reminders and renewal declarationsE+W

Textual Amendments

Reminders to electors registered pursuant to an overseas elector’s declarationE+W

22A.—(1) Subject to paragraph (3), the registration officer must, during the relevant period, send to an elector registered pursuant to an overseas elector’s declaration—

(a)a reminder, and

(b)within a reasonable time after sending that reminder, a second reminder.

(2) In paragraph (1)—

(a)the “relevant period” means the period—

(i)beginningwith the 1st July immediately before the 1st November on which the person’s registration will end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act, and

(ii)endingwith that 1st November;

(b)a “reminder” is a reminder of the need to make a renewal declaration if the elector wishes to remain registered pursuant to an overseas elector’s declaration.

(3) Paragraph (1)(a) and (b) does not apply in respect of an elector registered pursuant to an overseas elector’s declaration where—

(a)the registration officer has received a renewal declaration from that elector, or

(b)information which the registration officer has received indicates that that elector is no longer entitled to make a renewal declaration.

Renewal declarationsE+W

22B.—(1) A renewal declaration must be in writing and must include the declarant’s present address.

(2) The Electoral Commission must—

(a)design a paper renewal declaration form which—

(i)requires the information required by paragraph (1) and by section 1E(1) and (2) of the 1985 Act,

(ii)includes a statement that it is an offence to provide false information to the registration officer, together with a statement of the maximum penalty for that offence, and

(iii)includes space for the email address and telephone number of the declarant and an explanation that provision of this information is not mandatory,

(b)seek the approval of the Secretary of State to the design of that form, and

(c)having obtained that approval, make the form available to registration officers.

(3) A registration officer may authorise the declarant to provide the information required by paragraph (1) and by section 1E(1) and (2) of the 1985 Act to the registration officer by telephone or in person and, where the registration officer does so, the registration officer must transfer the information provided by the declarant into a renewal declaration in writing.

(4) Where, by virtue of arrangements made by the Secretary of State, a renewal declaration may be made through the digital service, the Secretary of State must—

(a)request the declarant’s email address and telephone number and provide an explanation of the purpose for which this information will be used and that provision of this information is not mandatory, and

(b)send to the registration officer any declaration the Secretary of State receives, together with—

(i)the declarant’s email address and telephone number (if provided), and

(ii)a reference number unique to that declaration.

Transmission of renewal declarationE+W

22C.  A renewal declaration must be transmitted to the registration officer who maintains the register of parliamentary electors in which the declarant is registered pursuant to an overseas elector’s declaration by—

(a)the Secretary of State, where regulation 22B(4)(b) applies;

(b)otherwise, by the declarant.

Notification about continued registration as overseas elector following renewal declarationE+W

22D.—(1) Where the registration officer is satisfied that the declarant of a renewal declaration is entitled to remain registered in pursuance of an overseas elector’s declaration in accordance with section 1D(2)(b) of the 1985 Act, the registration officer must notify the declarant of that fact.

(2) Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being satisfied that the declarant is entitled to remain registered in pursuance of an overseas elector’s declaration.]

PART IIIE+WREGISTRATION

Information about electorsE+W

Power to require informationE+W

23.—(1) A registration officer may require any person to give information required for the purposes of that officer’s duties in maintaining registers of parliamentary and local government electors.

[F67(1A) A registration officer may not use the power conferred by paragraph (1) to require a person who has made an application under section 10ZC or 10ZD of the 1983 Act to provide information to assist the registration officer in determining, in connection with that application, whether the applicant is the person named in the application or is entitled to be registered.]

(2) A registration officer is under a duty to require persons to give information required for the purposes of that officer’s duty under section 3(1) of the Juries Act 1974(8).

(3) If any person—

(a)fails to comply with F68...

F68(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any such requisition of the registration officer as is mentioned in this regulation, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

Commencement Information

I18Reg. 23 in force at 16.2.2001, see reg. 1(1)

Evidence as to age and nationality [F69: registration of local government electors in Wales] E+W

24.—[F70(A1) This regulation applies for the purposes of the registration of local government electors in Wales.]

(1) Where a registration officer has doubts about a person’s age or nationality, he may require that person to produce such evidence as is specified in paragraph (2) below for the purposes of registration.

(2) The evidence which the registration officer may require is as follows—

(a)a birth certificate F71...;

(b)a certificate of naturalisation;

F72(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in any other case—

(i)a document showing that he has become a Commonwealth citizen by virtue of registration; or

(ii)a statutory declaration that he is a qualifying Commonwealth citizen or citizen of the Republic of Ireland or a relevant citizen of the Union [F73or F74... a qualifying foreign citizen].

(3) If any fee is payable in connection with the making of a declaration for the purposes of this regulation, the registration officer shall pay that fee and it shall be treated as part of his registration expenses within the meaning of section 54(1) of the 1983 Act(9).

(4) Any such declaration shall be made available for inspection at the registration officer’s office until the determination of the application for registration and of any objections duly made to it.

[F75(4A) Paragraph (4) does not apply where the declarant has, or has applied for, an anonymous entry.]

(5) This regulation does not apply where an application for registration is made in pursuance of a service declaration.

F76(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I19Reg. 24 in force at 16.2.2001, see reg. 1(1)

[F77Evidence as to age and nationality: registration of parliamentary electors and local government electors in EnglandE+W

24A.—(1) Subject to paragraph (2), where a registration officer has doubts about a person’s (“P’s”) age or nationality, the officer may require P to produce such evidence as specified in paragraph (3) for the purposes of registration as a parliamentary elector or as a local government elector in England.

(2) Paragraph (1) does not apply where an application for registration is made in pursuance of a service declaration.

(3) The evidence which the registration officer may require is—

(a)a birth certificate;

(b)a certificate of naturalisation;

(c)where P has made an overseas elector’s declaration, further evidence of P’s status as a British citizen, including a document showing that P has become a British citizen by virtue of registration;

(d)in any other case—

(i)a document showing that P has become a Commonwealth citizen by virtue of registration, or

(ii)a statutory declaration that P is a qualifying Commonwealth citizen, citizen of the Republic of Ireland, [F78a qualifying EU citizen or an EU citizen with retained rights].

(4) Where P has made an overseas elector’s declaration, the registration officer may require a copy of a document referred to in paragraph (3)(a) to (c).

(5) If any fee is payable in connection with the making of a declaration for the purposes of this regulation, the registration officer must pay that fee and it is to be treated as part of the officer’s registration expenses within the meaning of section 54(1) of the 1983 Act.

(6) Subject to paragraph (7), any such declaration must be made available for inspection at the registration officer’s office until the determination of the application for registration and of any objections duly made to it.

(7) Paragraph (6) does not apply where the declarant has, or has applied for, an anonymous entry.

F79(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Reminders to electors registered pursuant to a [F80service declaration or declaration of local connection] E+W

25.—(1) This regulation applies in respect of a person registered in pursuance of—

(a)a service declaration; [F81or]

(b)a declaration of local connection; F82...

F82(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraph (4) below, the registration officer shall, during the relevant period, send to a person to whom this regulation applies a reminder of the need to make a fresh declaration if he wishes to remain registered as an elector in pursuance of such a declaration.

[F83(3) In paragraph (2) “the relevant period” means—

(a)except in cases to which sub-paragraph (b) applies, the period beginning nine months after the date when the existing entry in a register of the person in question first takes effect and ending ten months after that date, and

[F84(b)in the case of a person mentioned in section 14(1)(a) or (d) of the 1983 Act (members of the forces and their spouses or civil partners) who is registered in pursuance of a service declaration, the period beginning 57 months after the date when the existing entry in a register of the person in question first takes effect and ending 58 months after that date.]]

[F85(3A) Subject to paragraph (4) below, the registration officer must send a second reminder not less than 21 nor more than 28 days after the date of the sending of the first reminder.]

(4) [F86Paragraphs (2) and (3A) above do] not apply in respect of a person to whom this regulation applies where—

(a)the registration officer has already received from that person a fresh declaration, or

(b)information which the registration officer has received indicates that that person is no longer entitled to make the relevant declaration.

[F87(5) In relation to the registration of local government electors in Wales, paragraphs (6) and (7) apply in the case of a person registered in pursuance of a service declaration made by virtue of a service qualification under section 14(1A) of the 1983 Act.

(6) The registration officer must send to the person a reminder that the person's declaration will cease to have effect, and that the person's entitlement to remain registered will cease, when the person attains the age of 18.

(7) The reminder must be sent as soon as practicable within the period of 3 months ending on the day on which the person attains the age of 18.]

Textual Amendments

Commencement Information

I20Reg. 25 in force at 16.2.2001, see reg. 1(1)

[F88Reminders to overseas electors who have an anonymous entryE+W

25ZA.—(1) This regulation applies to each person who—

(a)is registered in pursuance of an overseas elector’s declaration, and

(b)has an anonymous entry.

(2) Subject to paragraph (3), the registration officer must, during the reminder period, send to a person to whom this regulation applies (“P”) a reminder that—

(a)P’s entitlement to registration will terminate on the determined date, and

(b)if P wishes to remain—

(i)entered in the register anonymously after that date, P must make a fresh application under section 9B(1)(b) of the 1983 Act for an anonymous entry;

(ii)entered in the register after that date without an anonymous entry, P must make a fresh application under section 10ZC of the 1983 Act together with a fresh overseas elector’s declaration.

(3) Paragraph (2) does not apply where the registration officer has already received from P a fresh application under section 9B(1)(b) or section 10ZC of the 1983 Act.

(4) A reminder under paragraph (2) may be sent to P’s address by post or sent to P by electronic means.

(5) In paragraph (2)—

“the determined date” is the date on which P’s entitlement to remain registered will terminate under section 9C(1)(a) of the 1983 Act;

“the reminder period” means the period beginning 3 months before and ending 2 months before the determined date.]

Textual Amendments

[F89Reminders to [F90other] persons who have an anonymous entryE+W

25A.—(1) This regulation applies to each person who has an anonymous entry [F91, other than a person registered in pursuance of an overseas elector’s declaration].

(2) Subject to paragraph (3), the registration officer must, during the relevant period, send to a person to whom this regulation applies a reminder that—

(a)his entitlement to registration will terminate at the end of the period of 12 months beginning with the date on which his entry in the register first took effect;

(b)if he wishes to remain entered in the register after that period, he must make a fresh application for registration in accordance with the requirements prescribed for the purposes of [F92section 10ZC(1)(b) of the 1983 Act];

(c)if he wishes to remain entered in the register anonymously, the application for registration must be accompanied by a fresh application for an anonymous entry.

(3) Paragraph (2) does not apply where the registration officer has already received from that person a fresh application for registration made in accordance with the requirements prescribed for the purposes of section 10A(1)(a) which is accompanied by a fresh application for an anonymous entry.

(4) In this regulation, “the relevant period” must be construed in accordance with regulation 25(3)(a).]

Textual Amendments

[F93Applications for registrationE+W

26.—(1) An application for registration as a parliamentary or local government elector (or both) under section 10ZC or an application for alteration in respect of address under section 10ZD of the 1983 Act (“an application”) must be in writing and must state—

(a)the applicant’s full name F94...;

(b)except in the case of an application being made in pursuance of a service declaration or an overseas elector’s declaration, the address in respect of which the applicant applies to be registered and at which they are resident on the date of the application;

(c)any address at which the applicant has ceased to reside within 12 months before the date of the application and, where that address is not in the United Kingdom [F95and the application is not being made in pursuance of an overseas elector’s declaration], an indication of whether the person was registered in pursuance of an overseas elector’s declaration during this period;

(d)[F96except in the case of an application being made in pursuance of an overseas elector’s declaration,] an indication of whether the applicant is resident at any other address, including at any address in respect of which the applicant is currently registered as an elector and in respect of which the applicant claims to be entitled to remain registered;

(e)the applicant’s date of birth or, if they are not able to provide that information, the reason why they are not able to do so and a statement as to whether the applicant is under 18 years old or [F97aged 76 or over];

(f)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;

[F98(fa)in the case of a relevant EU applicant, an indication as to whether the applicant meets the requirements set out in section 203B of the 1983 Act;]

(g)except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration, the applicant’s nationality or nationalities or, if they are not able to provide that information, the reason why they are not able to do so;

(h)an indication of whether the applicant requests that their name and address are omitted from the edited version of the register;

(i)in the case of an applicant whose application is accompanied by an application for an anonymous entry, that fact;

(j)a declaration by the applicant that the information provided in the application is true; and

(k)the date of the application.

[F99(1A) In relation to the registration of local government electors in Wales, where the applicant is not able to provide the applicant's date of birth, the statement referred to in paragraph (1)(e) must indicate whether the applicant is—

(a)under the age of 16,

(b)aged 16 or 17, or

(c)aged 18 or over.]

(2) In the case of a person applying to be registered as a parliamentary or local government elector (or both) in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, an application under paragraph (1) must include the appropriate declaration.

(3) The Electoral Commission must design a paper application form which requires the information and declarations in paragraphs (1) [F100, (1A)] and (2) and includes—

(a)a statement that the information provided in the application will be processed in accordance with [F101the data protection legislation] and as to what information will appear on the electoral register;

[F102(b)a statement that persons without lawful immigration status are ineligible to register to vote, that registration officers may request checks in relation to an applicant’s immigration status against Home Office records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical immigration status;

(ba)a statement that the following are ineligible to register to vote as local government electors—

(i)in relation to registration in England, persons who are not Commonwealth citizens, citizens of the Republic of Ireland, qualifying EU citizens or EU citizen with retained rights, or

(ii)in relation to registration in Wales, persons who are not Commonwealth citizens, citizens of the Republic of Ireland, relevant citizens of the Union or qualifying foreign citizens;

(bb)a statement that registration officers may require the applicant to provide additional information in relation to nationality, may carry out checks against Government records, and that, for persons applying to register as EU citizens with retained rights only, this may include checks in relation to historical nationality;

(bc)a statement that, for applicants in Wales, the application requirement under paragraph (1)(fa) is relevant only in relation to eligibility to vote in PCC elections and not in relation to entitlement to register under section 4 of the 1983 Act;]

(c)a statement that it is an offence to provide false information to the registration officer, together with a statement of the maximum penalty for that offence;

[F103(ca)a statement that failure to provide an address at which the applicant has ceased to reside within 12 months before the date of the application or any other mandatory information required on the form may delay the registration process;]

(d)space for a bar code, local authority reference number and security code unique to each form;

(e)space for the email address and telephone number or numbers of the applicant and an explanation that provision of this information is not mandatory;

[F104(ea)space for the applicant to provide their most recent previous name (if they have one) and an explanation that provision of this information is not mandatory but may assist the registration officer in verifying the applicant’s identity, and that if the information is not provided then additional personal information may be required;]

F105(eb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)space for the registration officer to include local authority information and details of how the registration officer may be contacted;

(g)an indication of whether the applicant wishes to be able to cast an absent vote;

(h)an explanation of what the edited register is, using the short version of the form of words prescribed by regulation 45 of and Schedule 3 to the Representation of the People (England and Wales)(Description of Electoral Registers and Amendment) Regulations 2013; and

(i)the web site address of the digital service.

[F106(3A) In relation to the registration of local government electors in Wales, the paper application form under paragraph (3) must also include an explanation of how information about applicants under the age of 16 will be held and used.]

(4) The paper application form for persons applying to be registered in pursuance of a service declaration must—

(a)instead of the information required in paragraph (1)(b), request the applicant’s correspondence address or British Forces Post Office Number;

(b)in the case of an application in pursuance of a service declaration on the grounds that the applicant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of a member of the forces (within the meaning of section 59(1) of the 1983 Act), also include a statement that the applicant must renew their application for registration every 5 years but may cancel it at any time;

[F107(c)[F108in relation to the registration of local government electors in Wales,] not include space for the information mentioned in paragraph (3)(eb).]

[F109(5) The paper application form for persons applying to be registered in pursuance of an overseas elector’s declaration must—

[F110(za)instead of the statement required in paragraph (3)(ba) [F111to (bc)], include a statement that, in relation to an applicant’s nationality, registration officers may require the applicant to provide additional information or may carry out checks against Government records, and

(zb)include space for the address at which the applicant can be contacted.]

F112(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F114(5A) The paper application form for persons applying to be registered [F115as a local government elector in Wales] in pursuance of a declaration of local connection must not include space for the information mentioned in paragraph (3)(eb).]

(6) The Electoral Commission must obtain the approval of the [F116Secretary of State] to the design of the application forms under paragraphs [F117(3) to (5A)] and must then make the forms available to registration officers.

[F118(6A) Before giving approval under paragraph (6) in respect of the design of forms under paragraphs (3), (4) and (5A), the [F119Secretary of State] must consult the Welsh Ministers.]

(7) Where a registration officer gives a paper application form to a person resident in England or Wales, it must be accompanied by a pre-addressed reply envelope, return postage of which must be prepaid.

(8) A registration officer may authorise the applicant to provide the information required by paragraph (1) to the registration officer by telephone or in person and, where the officer does so, the registration officer must—

(a)provide the applicant with an explanation of what the edited register is, using the short version of the form of words prescribed by regulation 45 of and Schedule 3 to the Representation of the People (England and Wales)(Description of Electoral Registers and Amendment) Regulations 2013; and

(b)transfer the information provided by the applicant into an application in writing.

(9) [F120Where, by virtue of arrangements made by the [F121Secretary of State], an application under paragraph (1) may be made through the digital service, the [F122Secretary of State]] must request the applicant’s email address and telephone number or numbers and provide an explanation of the purpose for which this information will be used.

[F123(9A) In relation to the registration of local government electors in Wales, paragraphs (1)(f) and (8)(a) do not apply in the case where the applicant is under the age of 16.]

[F124(9B) Where—

(a)an applicant makes an application in pursuance of an overseas elector’s declaration, and

(b)the applicant is unable to provide a national insurance number in accordance with paragraph (1)(f),

the applicant may provide as part of the application a copy of any of the documents listed in regulation 26B(2) to (4).

(9C) Where an applicant makes an application in pursuance of an overseas elector’s declaration in reliance upon the previous residence condition, the applicant may provide as part of the application a copy of any document which meets the evidential requirement described in regulation 26D(3).]

F125(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The [F126Secretary of State] must send to the registration officer any application he receives [F127, subject to paragraph (12),] together with—

[F128(za)any copy documentation provided by the applicant in accordance with paragraph (9B) or (9C);]

(a)the applicant’s email address and telephone numbers (if provided); and

(b)a reference number unique to that application.

[F129(12) Where an application made through the digital service in accordance with paragraph (9) 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.]]

Textual Amendments

[F130Application for alteration of register in respect of name under section 10ZDE+W

26A.—(1) An application for alteration in respect of name under section 10ZD of the 1983 Act must be in writing and must state—

(a)the applicant’s full name;

(b)the full name in respect of which the applicant is currently registered;

(c)the date of the change of name;

(d)the address in respect of which the applicant is registered;

(e)a declaration by the applicant that the information provided in the application is true;

(f)the date of the application.

(2) The Electoral Commission must design a form for applications for alteration in respect of name under section 10ZD of the 1983 Act, which requires the information in paragraph (1) and includes—

(a)a statement that the information provided in the application will be processed in accordance with [F131the data protection legislation] and as to what information will appear on the electoral register;

(b)space for a bar code, local authority reference number and security code unique to each form; and

(c)space for the registration officer to include local authority information and details of how the registration officer may be contacted.

(3) The Electoral Commission must obtain the approval of the [F132Secretary of State] to the design of the application form under paragraph (2) and must then make the form available to registration officers.

[F133(3A) Before giving approval under paragraph (3), the [F134Secretary of State] must consult the Welsh Ministers.]

(4) A person making an application for alteration in respect of name under paragraph (1) must give to the registration officer as part of their application [F135documentary evidence of the applicant’s change of name].

(5) Where a person is unable to provide [F136any documentary evidence], they must provide their date of birth and national insurance number as part of their application or, if they are not able to provide their date of birth or national insurance number, the reason why they are not able to do so.

(6) Where the registration officer considers it appropriate, the officer may require that the applicant provide the original of [F137any copy document] provided under paragraph (4) after the application has been made.

Textual Amendments

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

26B.—(1) [F138Subject to paragraph (1A), this] regulation applies where a registration officer considers additional evidence is necessary to verify the identity of a person or determine their entitlement to register in respect of their application under section 10ZC or 10ZD of the 1983 Act, including where that is necessary because the person is not able to state the information required by any of sub-paragraphs (e), (f) or (g) of regulation 26(1).

[F139(1A) Where a person has made an application to be registered as an overseas elector under section 10ZC of the 1983 Act, this regulation only applies to the extent that a registration officer considers that additional evidence is necessary to verify the identity of the applicant (see regulations 24A and 26C to 26H for further provision in relation to overseas electors).]

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

(4) Where the applicant is not able to give documents in accordance with 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.

[F140(4A) Where an application is made in pursuance of an overseas elector’s declaration—

(a)paragraph (3) applies as if, in sub-paragraph (a)(vii), the words from “and which must” to “Kingdom” were omitted;

(b)paragraph (4) applies as if after “kinds of evidence” there were inserted “, must have been issued in the United Kingdom or Crown Dependencies”.]

(5) If an applicant is unable to give the documentary evidence required under paragraphs (2) to (4), the registration officer may [F141—

(a)except where sub-paragraph (b) applies, require the applicant give an attestation as set out in paragraph (6);

(b)where the application is made in pursuance of an overseas elector’s declaration, require the applicant give an attestation as set out in paragraph (6ZA).]

(6) An attestation must—

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

(b)state that the person signing the attestation is aware of the penalty for providing false information to a registration officer;

(c)be in writing and signed by a person—

(i)whom the registration officer is satisfied is of good standing in the community;

(ii)who is registered as an elector [F142in a local authority area in England or Wales];

(iii)who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant; F143...

[F144(iv)[F145in relation to an application for registration as a local government elector in Wales] who has not already signed attestations under this regulation for two applicants since, whichever is the later,—

(aa)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; or

[F146(bb)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 or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued)]] [F147; and

(v)in relation to any other application for registration to which this paragraph applies, who has not already signed a relevant identity attestation for two other applicants since, whichever is the later,—

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

(bb)the date on which a notice specifying the 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)];

(d)state the full name, date of birth, address, electoral number and occupation of the person signing the attestation; and

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

[F148(6ZA) An attestation under this paragraph 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 or Irish passport number together with its date and place of issue;

(ii)otherwise—

(aa)where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number), that digital registration number,

(bb)in all other cases, 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.

(6ZB) In paragraph (6ZA), a “qualifying attestor” is a person—

(a)who is aged 18 or over,

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

(c)who is registered as an elector,

(d)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

(e)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 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 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).

(6ZC) In paragraphs (6)(c)(v) and (6ZB)(e), a relevant identity attestation is an attestation provided in accordance with—

(a)paragraph (6) or (6ZA);

(b)regulation 56C(5A) or (6);

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

[F149(ca)regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 2008;]

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

(e)regulation 72B(5A) or (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

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

[F150(6A) In relation to the registration of local government electors in Wales, paragraphs (2) to (6) do not apply in the case where the applicant is under the age of 16 if—

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

(b)that information is sufficient to satisfy the registration officer as to the applicant's identity and entitlement to be registered.]

(7) Paragraphs (2) to [F151(6A)] do not apply where the application is made pursuant to the following declarations—

(a)a service declaration on the grounds that the applicant is a Crown servant (within the meaning of regulation 14) or the spouse or civil partner of a Crown servant (within the meaning of regulation 14);

(b)a service declaration on the grounds that the applicant is a member of the forces (within the meaning of section 59(1) of the 1983 Act);

(c)a service declaration on the grounds that the applicant is the spouse or civil partner of a member of the forces (within the meaning of section 59(1) of the 1983 Act);

[F152(ca)in relation to the registration of local government electors in Wales, a service declaration on the grounds that the applicant has a service qualification under section 14(1A) of the 1983 Act;] or

F153(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In the case of an application in pursuance of a declaration within paragraph (7)(a) or (c), 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 (within the meaning of regulation 14) or British Council employee or an officer of the forces (within the meaning of section 59(1) of the 1983 Act) 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.

(9) In the case of an application in pursuance of a declaration within paragraph (7)(b), 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 (within the meaning of section 59(1) of the 1983 Act) 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.

[F154(9A) In the case of an application in pursuance of a service declaration within paragraph (7)(ca), the registration officer may require that the applicant give the officer one of the following documents or a copy of one of them certified by a relevant official—

(a)the applicant's passport, or

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

(9B) In paragraph (9A), “relevant official” means—

(a)a Crown Servant (within the meaning of regulation 14),

(b)a British Council employee, or

(c)an officer of the forces (within the meaning of section 59(1) of the 1983 Act),

who is not the applicant's parent, guardian, spouse or civil partner.]

F155(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F156(10A) In relation to the registration of local government electors in England, where a registration officer considers that additional evidence is necessary in order to determine whether the applicant is a qualifying EU citizen or an EU citizen with retained rights, the registration officer may require that the applicant provide them with one or both of the following—

(a)information enabling the registration officer to verify the applicant’s current or historical immigration status by electronic means, or

(b)a letter or document issued by the Home Office which indicates the current or historical immigration status of the applicant.

(10B) Where a registration officer has requested additional evidence under paragraph (10A) to determine whether a relevant EU applicant is an EU citizen with retained rights and either—

(a)the applicant is not able to provide the requested information, or

(b)otherwise, the registration officer considers it appropriate,

the registration officer may request a statement of eligibility from the applicant.

(10C) A statement of eligibility under paragraph (10B) must be in writing and—

(a)must include—

(i)the applicant’s full name, date of birth, and the address in respect of which the applicant applies to be registered,

(ii)the applicant’s full name as at IP completion day and, if different from the name provided under paragraph (i), an explanation for that difference,

(iii)confirmation that the applicant is aware that it is an offence to provide false information to the registration officer, and of the maximum penalty for that offence, and

(iv)the date on which it was made;

(b)must, where required by the registration officer, also include any or all of the following—

(i)the date on which the applicant initially resided in the United Kingdom,

(ii)the nationality of the applicant as at IP completion day,

(iii)the immigration status held by the applicant as at IP completion day,

(iv)the applicant’s current immigration status,

(v)details of any other forms of immigration status held by the applicant since IP completion day,

(vi)details of any addresses in the United Kingdom at which the applicant has resided since IP completion day, and

(c)may include any other information or be accompanied by any documentary evidence relating to the applicant’s status as an EU citizen with retained rights.]

(11) Where a registration officer considers that additional evidence is necessary in order to determine whether the applicant is a qualifying Commonwealth citizen, the registration officer may require that the applicant provide evidence relating to the applicant’s immigration status, including, if applicable, the applicant’s biometric immigration document issued in the United Kingdom.

(12) In this regulation—

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

F157(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F158EU citizens: power to request additional evidence of immigration status or historical residency for purposes of determining eligibility to vote in a PCC election in Wales E+W

26BA.—(1) Where a registration officer considers that additional evidence is necessary in order to determine whether a person who is a citizen of a member State and who makes an application under section 10ZC of the 1983 Act in Wales is eligible to vote in a PCC election, the registration officer may require that person to provide the registration officer with one or both of the following—

(a)information enabling the registration officer to verify the person’s current or historical immigration status by electronic means;

(b)a letter or document issued by the Home Office which indicates the current or historical immigration status of the person.

(2) Paragraphs (10B) and (10C) of regulation 26B apply following a request under paragraph (1) as they apply following a request under paragraph (10A) of that regulation.

Textual Amendments

EU citizens: power to request additional evidence as to change of name E+W

26BB.—(1) Paragraph (2) applies where—

(a)a person has made an application under section 10ZC of the 1983 Act to register as a local government elector, and

(b)the applicant’s name on an electronic certificate or document provided in accordance with regulation 26B(10A) to (10C) or 26BA is different from the name provided in accordance with regulation 26(1)(a).

(2) Where this paragraph applies, the registration officer may require the applicant to provide—

(a)an explanation as to the difference in name, and

(b)such other evidence as the officer considers appropriate that confirms the change of the applicant’s name.]

Textual Amendments

[F159Overseas electors: power to request additional evidence where applicant under 18 when last resident in the United KingdomE+W

26C.—(1) This regulation applies where—

(a)a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”),

(b)in accordance with regulation 18(8), the applicant has given an indication that the applicant was under 18 years old on the last day, and

(c)the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that the applicant was resident at the relevant address.

(2) The registration officer may require the applicant to provide—

(a)the full name of a parent or guardian of the applicant who was resident at the relevant address on the last day;

(b)in respect of each such parent or guardian, an indication as to whether that parent or guardian was registered, in respect of the relevant address, in a register of parliamentary electors or a register of local government electors on the last day.

(3) Where the applicant provides the full name of a parent in accordance with paragraph (2)(a), the applicant must also provide a copy of the applicant’s birth certificate which shows the name of the applicant’s parent provided in accordance with paragraph (2)(a) and the applicant’s date of birth.

(4) Where the applicant provides the full name of a guardian in accordance with paragraph (2)(a), the registration officer must require the applicant to provide such other kind of evidence as the officer considers appropriate that confirms that the person named in accordance with paragraph (2)(a) was the guardian of the applicant.

(5) Where the applicant provides a copy of a document in accordance with paragraph (3) or (4), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.

(6) In this regulation—

“last day” means the last day on which the applicant was resident in the United Kingdom;

“relevant address” means the address provided by the applicant in accordance with section 1C(3)(a)(i) or (4) of the 1985 Act.

Textual Amendments

Overseas electors: power to request additional evidence of previous residenceE+W

26D.—(1) This regulation applies where a registration officer considers that additional evidence is necessary in order to satisfy the registration officer that a person who makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”)—

(a)where the declaration is made in reliance on the previous registration condition, was previously entered in an electoral register in respect of the relevant address;

(b)where the declaration is made in reliance on the previous residence condition—

(i)was resident at the relevant address on the last day that the applicant was resident in the United Kingdom, or

(ii)was not resident at the relevant address but could have made a declaration under section 7B of the 1983 Act (declaration of local connection) in respect of that address on the last day that the applicant was resident in the United Kingdom.

(2) The registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of any document which meets the evidential requirement.

(3) For the purposes of paragraph (2), the “evidential requirement” in relation to a document is that the document—

(a)bears the full current or previous name of the applicant, and

(b)bears the relevant address.

(4) Any of the following documents which meets the evidential requirement in paragraph (3) is deemed to be conclusive evidence that the statement in paragraph (1)(a), (b)(i) or (b)(ii) (as the case may be) applies in respect of the applicant—

(a)a driving licence granted in the United Kingdom (including an expired licence);

(b)an instrument of a court appointment, such as a grant of probate or letters of administration;

(c)a letter from the Office of the Public Guardian confirming the registration of a lasting power of attorney;

(d)a letter from His Majesty’s Revenue and Customs;

(e)a council tax demand letter or statement;

(f)a rent book issued by a local authority;

(g)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;

(h)a letter from the Department of Work and Pensions, confirming the applicant’s entitlement to a state pension;

(i)a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;

(j)a letter from the Student Loans Company;

(k)an official copy of the land register entry for the relevant address or other proof of title for the relevant address;

(l)a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the relevant address;

(m)a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;

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

(o)a credit card statement;

(p)a utility or mobile telephone bill;

(q)a letter from an insurance provider.

(5) In this regulation, “relevant address” means the address provided by the applicant in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act.

Textual Amendments

Overseas electors: power to request attestation as to applicant’s previous residence at relevant addressE+W

26E.—(1) This regulation applies where—

(a)a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”),

(b)the registration officer has required the applicant to provide additional evidence in accordance with regulation 26D, and

(c)the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that the applicant was resident at the relevant address, including where the applicant is unable to provide the evidence required under regulation 26D(2).

(2) The registration officer may require that the applicant give an attestation of previous residence which must—

(a)confirm that the applicant was resident at the relevant address, and

(b)give an indication of the dates between which, to the best of the qualifying attestor’s knowledge, the applicant was resident at that address.

(3) In this regulation—

“qualifying attestor” has the meaning given in regulation 26I(3);

“relevant address” means the address provided by the applicant in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act.

Textual Amendments

Overseas electors: power to request additional evidence as to applicant’s previous registration in pursuance of a service declaration or overseas elector’s declaration or as a merchant seamanE+W

26F.—(1) This regulation applies where—

(a)a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”) in reliance on the previous registration condition,

(b)the applicant claims that the registration referred to in section 1A(2)(a) of the 1985 Act was—

(i)in pursuance of a service declaration,

(ii)on the basis that the applicant was treated as being resident at the relevant address in accordance with section 6 of the 1983 Act (residence: merchant seamen), or

(iii)in pursuance of an overseas elector’s declaration made in reliance upon the previous registration condition, where paragraph (i) or (ii) applies to the registration referred to in section 1A(2)(a) of the 1985 Act in respect of that declaration,

(c)the registration officer has required the applicant to provide additional evidence in accordance with regulation 26D, and

(d)the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that the applicant was previously entered in an electoral register in respect of the relevant address, including where the applicant is unable to provide the evidence required under regulation 26D(2).

(2) The registration officer may require that the applicant—

(a)give the registration officer a copy, or where the registration officer considers it appropriate, the original, of any document which—

(i)bears the full name of the applicant, as provided in accordance with section 1C(1)(a) of the 1985 Act or regulation 18(3)(a), and

(ii)confirms that the applicant met the registration status requirement;

(b)give an attestation of registration status which must—

(i)confirm that the applicant met the registration status requirement, and

(ii)give an indication of the dates between which, to the best of the qualifying attestor’s knowledge, the applicant met the requirement.

(3) Paragraph (4) applies where the applicant’s registration referred to in section 1A(2)(a) of the 1985 Act was in pursuance of a service declaration by virtue of a service qualification related to another person (‘B’), as described in section 14(1)(d) or (e) or (1A) of the 1983 Act.

(4) In addition to or instead of a requirement under paragraph (2)(a), the registration officer may require the applicant to give the registration officer a copy, or where the registration officer considers it appropriate, the original of any document which bears the full current or former name of B and confirms—

(a)B’s service qualification under section 14(1) of the 1983 Act;

(b)that B is or was (as the case may be) the spouse, civil partner, parent or guardian of the applicant.

(5) For the purposes of this regulation, “the registration status requirement”—

(a)where paragraph (1)(b)(i) applies (including where it applies in accordance with paragraph (1)(b)(iii)), is that the applicant had a service qualification under section 14(1) or (1A) of the 1983 Act;

(b)where paragraph (1)(b)(ii) applies (including where it applies in accordance with paragraph (1)(b)(iii)), is that the applicant was a merchant seaman within the meaning of section 6 of the 1983 Act.

(6) In this regulation—

“qualifying attestor” has the meaning given in regulation 26I(3);

“relevant address” means the address provided by the applicant in accordance with section 1C(2)(a)(i) of the 1985 Act.

Textual Amendments

Overseas electors: power to require additional evidence as to declaration of local connectionE+W

26G.—(1) This regulation applies where—

(a)a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”) in reliance upon the previous registration condition,

(b)the applicant claims that the registration referred to in section 1A(2)(a) of the 1985 Act was—

(i)in pursuance of a declaration under section 7B of the 1983 Act (declaration of local connection), or

(ii)in pursuance of an overseas elector’s declaration made in reliance upon the previous registration condition, where paragraph (i) of this sub-paragraph or paragraph (2)(a) applies to the registration referred to in section 1A(2)(a) of the 1985 Act in respect of that declaration,

(c)the registration officer has required the applicant to provide additional evidence in accordance with regulation 26D, and

(d)the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that the applicant was previously entered in an electoral register in respect of the relevant address, including where the applicant is unable to provide the evidence required under regulation 26D(2).

(2) This regulation also applies where—

(a)a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”) in reliance upon the previous residence condition by virtue of section 1A(3)(b)(ii) of the 1985 Act,

(b)the registration officer has required the applicant to provide additional evidence in accordance with regulation 26D, and

(c)the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that, on the last date that the applicant was resident in the United Kingdom, section 7B of the 1983 Act applied to the applicant, including where the applicant is unable to provide the evidence required under regulation 26D(2).

(3) The registration officer may require that the applicant—

(a)give the registration officer a copy, or where the registration officer considers it appropriate, the original, of any document which—

(i)bears the full name of the applicant, as provided in accordance with section 1C(1)(a) of the 1985 Act or regulation 18(3)(a), and

(ii)confirms that the applicant met the local connection requirement;

(b)give an attestation of local connection which must—

(i)confirm on which basis the applicant met the local connection requirement, and

(ii)give an indication of the dates between which, to the best of the qualifying attestor’s knowledge, the applicant met the requirement.

(4) The local connection requirement is—

(a)where section 7B(2)(a) of the 1983 Act applied to the applicant, that—

(i)the applicant was a patient in a mental hospital (within the meaning of that section), and

(ii)section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals) or section 7A of the 1983 Act (residence: persons remanded in custody etc.) did not apply to the applicant;

(b)where section 7B(2)(b) of the 1983 Act applied to the applicant, that—

(i)the applicant was detained at any place pursuant to a relevant order or direction, and

(ii)the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;

(c)where section 7B(2)(c) of the 1983 Act applied to the applicant, that the applicant—

(i)was not in legal custody, and

(ii)was not, for the purposes of section 4 of the 1983 Act, resident at any address in the United Kingdom;

(d)where section 7B(2A) of the 1983 Act applied to the applicant, that—

(i)the applicant was under the age of 18 years and was a child who was looked after by a local authority, or

(ii)the applicant was being kept in secure accommodation.

(5) In paragraph (4)—

(a)for the purposes of sub-paragraph (a)(ii), it is to be assumed that sections 3A and 7A of the 1983 Act were in force at any relevant time;

(b)in sub-paragraph (b)(i), “relevant order or direction” has the meaning given in section 7A(6) of the 1983 Act;

(c)section 7B(2D) of the 1983 Act applies to sub-paragraph (d) as it applies to section 7B(2B) of that Act.

(6) In this regulation—

“qualifying attestor” has the meaning given in regulation 26I(3);

“relevant address” means the address provided by the applicant in accordance with section 1C(2)(a)(i) or (4) of the 1985 Act.

Textual Amendments

Overseas electors: power to require attestation as to applicant’s connection to relevant addressE+W

26H.—(1) Subject to paragraph (2), this regulation applies where—

(a)a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”),

(b)the registration officer requires the applicant to give documentary evidence or an attestation in accordance with regulation 26F(2) or 26G(3), and

(c)the registration officer considers that additional evidence is necessary in order to satisfy the registration officer that the applicant has a previous connection to the relevant address.

(2) This regulation does not apply where regulation 26G(4)(d) applies to the applicant.

(3) The registration officer may require that the applicant give an attestation of relevant address connection which must—

(a)confirm that the applicant met the relevant address connection requirement, and

(b)give an indication of the dates between which, to the best of the qualifying attestor’s knowledge, the applicant met the requirement.

(4) The relevant address connection requirement is—

(a)where regulation 26F(1)(b)(i) applies to the applicant (including where it applies in accordance with regulation 26F(1)(b)(iii)), that the applicant would have been residing at the relevant address but for the applicant’s service qualification within the meaning of section 14(1) or (1A) of the 1983 Act;

(b)where regulation 26F(1)(b)(ii) applies to the applicant (including where it applies in accordance with regulation 26F(1)(b)(iii)), that the applicant—

(i)would have been residing at the relevant address but for the applicant’s occupation as a merchant seaman, or

(ii)commonly stayed at the relevant address, which was a hotel or club providing accommodation for merchant seamen, during the course of the applicant’s occupation as a merchant seaman;

(c)where regulation 26G(4)(a) or (b) applies to the applicant, that the applicant would have been residing at the relevant address if the applicant had not been a patient or detained;

(d)where regulation 26G(4)(c) applies to the applicant, that the relevant address was, or was nearest to, a place in the United Kingdom where the applicant commonly spent a substantial part of the applicant’s time (whether during the day or at night).

(5) In this regulation—

“qualifying attestor” has the meaning given in regulation 26I(3);

“relevant address” means the address provided by the applicant in accordance with section 1C(2)(a)(i) or (4) of the 1985 Act.

Textual Amendments

Overseas electors: supplemental provision as to attestations and the meaning of “qualifying attestor”E+W

26I.—(1) An attestation of previous residence pursuant to regulation 26E(2), an attestation of registration status pursuant to regulation 26F(2)(b), an attestation of local connection pursuant to regulation 26G(3)(b), or an attestation of relevant address connection pursuant to regulation 26H(3) must—

(a)be in writing and signed by a qualifying attestor;

(b)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;

(c)state—

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

(ii)otherwise—

(aa)where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number), that digital registration number,

(bb)in all other cases, the qualifying attestor’s electoral number;

(d)include an explanation as to the qualifying attestor’s ability to confirm that the applicant met the relevant requirement, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that that connection has existed;

(e)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 of the information provided in the attestation is true;

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

(2) An attestation of relevant address connection pursuant to regulation 26H(3) may be combined with—

(a)an attestation of registration status pursuant to regulation 26F(2)(b), or

(b)an attestation of local connection pursuant to regulation 26G(3)(b),

where the qualifying attestor for each attestation is the same person.

(3) In this regulation, and in regulations 26E, 26F, 26G and 26H, a “qualifying attestor” is a person—

(a)who is aged 18 or over,

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

(c)who is registered as an elector,

(d)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

(e)who has not already signed attestations to which paragraph (4) applies for two other applicants since, whichever is the later,—

(i)the date on which the revised register in which the 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 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).

(4) This paragraph applies to an attestation made in accordance with any of—

(a)regulations 26E to 26H, F160...

(b)regulations 26E to 26H of the Representation of the People (Scotland) Regulations 2001 [F161, and

(c)regulations 25C and 27ZC to 27ZF of the Representation of the People (Northern Ireland) Regulations 2008.]

Textual Amendments

Overseas electors: power to require additional evidence as to change of nameE+W

26J.—(1) Paragraph (2) applies where a person makes an application under section 10ZC of the 1983 Act in pursuance of an overseas elector’s declaration (“the applicant”) and—

(a)the applicant’s declaration includes a name in accordance with regulation 18(3)(a);

(b)the applicant’s name on a document provided in accordance with regulation 24A(3), 26C(3) or (4), 26D(2), 26F(2)(a) or 26G(3)(a) is different from both the name provided in accordance with section 1C(1)(a) of the 1985 Act and any name provided in accordance with regulation 18(3);

(c)the name of the applicant’s parent or guardian provided in accordance with regulation 26C(2)(a) is different from the name of that parent or guardian as it appears—

(i)on the register described in regulation 26C(2)(b);

(ii)on a document provided in accordance with regulation 26C(3) or (4);

(d)B’s name on a document provided by the applicant in accordance with regulation 26F(4)(a) or (b) is B’s former (and not current) name;

(e)on a document provided by the applicant in accordance with regulation 26F(4)(a) B’s name is different from on any document provided by the applicant in accordance with regulation 26F(4)(b).

(2) Where this paragraph applies, the registration officer may require the applicant to provide—

(a)except where paragraph (1)(a) applies, an explanation as to the difference in name or, where paragraph (1)(c), (d) or (e) applies and the reason for the difference is not known by the applicant, a statement to that effect, and

(b)where paragraph (1)(a) or (b) applies, such other evidence as the officer considers appropriate that confirms the change of the applicant’s name.

(3) Where the applicant provides a copy of a document in accordance with paragraph (2)(b), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.]

Textual Amendments

Objections to registrationE+W

27.—(1) Any objection to a person’s registration shall state—

(a)the name of the person against whom the objection is made;

(b)[F162in the case of an objection made before that person is entered in the register,] the address of that person as given in the application for registration;

[F163(ba)in the case of an objection made after that person is entered in the register, the electoral number and qualifying address of that person contained in the register;]

(c)the grounds of the objection;

(d)the name of the objector and his address as shown in the register (if so shown) together with the address to which correspondence should be sent if that address is different or if no address is shown in the register; and

(e)the electoral number of the objector.

(2) An objection shall be made in writing and be signed and dated by the person objecting.

(3) In this Part of these Regulations “objection” includes [F164representations made against an application for registration under section 13A(1)(za) of the 1983 Act].

Textual Amendments

Commencement Information

I21Reg. 27 in force at 16.2.2001, see reg. 1(1)

Inspection of applications and objectionsE+W

28.—[F165(1)] [F166An entry on the list of applications for registration kept under regulation 29(2)(a)] and any objection to a person’s registration shall be made available for inspection at the registration officer’s office until the application [F167to which the entry relates] or objection has been determined by the registration officer.

[F168(2) This regulation does not apply to an application for registration which is accompanied by an application for an anonymous entry.]

[F169(3) In relation to the registration of local government electors in Wales, this regulation does not apply to an application made by a person under the age of 16.]

Textual Amendments

Commencement Information

I22Reg. 28 in force at 16.2.2001, see reg. 1(1)

Determination of applications and objectionsE+W

[F170Verification of information provided in an applicationE+W

29ZA.—(1) On receipt of an application under section 10ZC or 10ZD of the 1983 Act made [F171otherwise than through the digital service], a registration officer must disclose the name or names, date of birth and national insurance number given under regulation [F17226 or 26A] to the [F173Secretary of State for [F174Housing, Communities and Local Government]] in such a format and through such a conduit system as the [F173Secretary of State for [F174Housing, Communities and Local Government]] may have notified to the registration officer in writing.

(2) Following receipt of the information from the registration officer or (in the case of an application made through the digital service) from the applicant, the [F175Secretary of State for [F176Housing, Communities and Local Government]] may disclose the information to the Secretary of State [F177for Work and Pensions].

(3) Where information has been disclosed to the Secretary of State [F178for Work and Pensions] under paragraph (2), the Secretary of State [F178for Work and Pensions] may compare it against—

(a)the name, date of birth and national insurance number of individuals appearing in the following types of databases kept by the Secretary of State [F178for Work and Pensions]—

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

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

(b)any other information contained in those databases which relates to the information disclosed under paragraph (2).

(4) The Secretary of State [F179for Work and Pensions] may disclose the results of the comparison to the [F180Secretary of State for [F181Housing, Communities and Local Government]].

(5) On receipt of such results, the [F182Secretary of State for [F183Housing, Communities and Local Government]] may disclose them to the registration officer in whose register the applicant has applied to be registered.

(6) Where the [F184Secretary of State for [F185Housing, Communities and Local Government]] does so, the registration officer must take the results into account in determining the application.

[F186(6ZA) In relation to the registration of parliamentary electors, this regulation does not apply to an application for registration under section 10ZC of the 1983 Act made pursuant to an overseas elector’s declaration.]

[F187(6A) In relation to the registration of local government electors in Wales, this regulation does not apply to an application made by a person under the age of 16.]

(7) In this regulation—

(a)“conduit system” has the same meaning as in paragraph 1 of Schedule 2 to the Telecommunications Act 1984;

F188(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

[F189Verification of information provided in an application made pursuant to an overseas elector’s declarationE+W

29ZAA.—(1) This regulation applies to an application for registration under section 10ZC of the 1983 Act made pursuant to an overseas elector’s declaration.

(2) On receipt of an application made otherwise than through the digital service, a registration officer must disclose the applicant’s name, relevant address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for [F190Housing, Communities and Local Government] in such format and through such an infrastructure system as the Secretary of State for [F190Housing, Communities and Local Government] may have notified to the registration officer in writing.

(3) 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 [F191Housing, Communities and Local Government] may disclose the first stage information to the Secretary of State for Work and Pensions.

(4) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (3) 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);

(b)any other information contained in such types of data which relates to the information disclosed under paragraph (3).

(5) 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 [F192Housing, Communities and Local Government].

(6) On receipt of the second stage information, the Secretary of State for [F193Housing, Communities and Local Government] 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, as the case may be, to whom the Secretary of State has sent the application under regulation 26(11).

(7) Paragraph (4) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (6)(a) as it applies to the first stage information disclosed under paragraph (3).

(8) 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 [F194Housing, Communities and Local Government].

(9) On receipt of the third stage information, the Secretary of State for [F195Housing, Communities and Local Government] may—

(a)compare the third stage information against the information provided in the application, and

(b)notify the registration officer to whom the application has been made or, as the case may be, to whom the Secretary of State has sent the application under regulation 26(11), as to whether the comparison in sub-paragraph (a) resulted in a match.

(10) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for [F196Housing, Communities and Local Government] in accordance with this regulation when determining the application.

(11) In paragraph (2)—

(a)the applicant’s “name” means—

(i)the name provided by the applicant in accordance with section 1C(1)(a) of the 1985 Act, and

(ii)any name provided in accordance with regulation 18(3)(a) or 26(3)(ea);

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

(c)“relevant address” means the address provided by the applicant in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act.

Textual Amendments

Additional verification of information provided in an application made pursuant to an overseas elector’s declarationE+W

29ZAB.—(1) This regulation applies to an application for registration under section 10ZC of the 1983 Act made pursuant to an overseas elector’s declaration.

(2) On receipt of an application made otherwise than through the digital service, a registration officer must disclose the applicant’s qualification information to the Secretary of State for [F197Housing, Communities and Local Government] in such a format and through such an infrastructure system as the Secretary of State for [F197Housing, Communities and Local Government] may have notified to the registration officer in writing.

(3) Following receipt of the qualification 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 [F198Housing, Communities and Local Government] may disclose the information to the Secretary of State for Work and Pensions.

(4) Where qualification information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a)the name, date of birth and address 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);

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

(5) The Secretary of State for Work and Pensions may disclose the results of the comparison to the Secretary of State for [F199Housing, Communities and Local Government].

(6) On receipt of such results, the Secretary of State for [F200Housing, Communities and Local Government] may disclose them to the registration officer to whom the application has been made or, as the case may be, to whom the Secretary of State has sent the application under regulation 26(11).

(7) Where the Secretary of State for [F201Housing, Communities and Local Government] does so, the registration officer must take the results into account in determining the application.

(8) In this regulation—

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

“qualification information”, in respect of an applicant, means—

(a)

the applicant’s full name provided in accordance with section 1C(1)(a) of the 1985 Act and regulation 26(1)(a),

(b)

any name provided by the applicant in accordance with regulation 18(3)(a),

(c)

the applicant’s date of birth provided in accordance with regulation 26(1)(e),

(d)

the address provided by the applicant in accordance with section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act.]

Textual Amendments

Processing of information provided in connection with an application under section 10ZC or 10ZDE+W

29ZB.—(1) If a person provides an original document under regulation 26A(4), 26B(2) to (4) or 26B(8), [F20226C(5), 26D(2), 26F(2)(a) or (4), 26G(3)(a) or 26J(3),] 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 any application under section 10ZC or 10ZD of the 1983 Act, 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 [F203transmitted 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 under section 10ZC or 10ZD.

(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 regulation 29ZA [F204, 29ZAA or 29ZAB] may not be disclosed to any other person, except—

(a)for the purpose of determining the application in connection with which the information was disclosed; F205...

[F206(aa)in the case of information disclosed under regulation 29ZA [F207or 29ZAA], for the purposes of determining—

(i)a relevant absent voting application made by the same applicant where that information is used by the Secretary of State to complete in part the relevant absent voting application by virtue of regulation 51(7)(a),

(ii)an application for an absent vote made under Part 1 of Schedule 2 to the Police and Crime Commissioner Elections Order 2012 by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of paragraph 11(5A)(a) of Schedule 2 to that Order,

(iii)an application for absent signing made under Part 4 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of regulation 60(6A)(a) of those Regulations, or

(iv)an identity document application, as defined by regulation 3(1) of the Voter Identification Regulations 2022, made by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of regulation 5(2) of those Regulations, or]

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

(6) A person who discloses information in breach of 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 to both;

(b)on summary conviction, to imprisonment for a term not exceeding [F208the general limit in a magistrates’ court], or to a fine not exceeding the statutory maximum, or to both.

(7) Any person who discloses information under regulation 29ZA [F209, 29ZAA or 29ZAB] must process it in accordance with any requirements as to the processing of information that may have been imposed by the [F210Secretary of State for [F211Housing, Communities and Local Government]] in writing, including requirements as to the transfer, storage, destruction and security of that information.

(8) Any requirements, in accordance with which a person must process information, must be imposed by the [F212Secretary of State for [F213Housing, Communities and Local Government]] before a registration officer is required to disclose that information under regulation 29ZA(1) [F214, 29ZAA(2) or 29ZAB(2)].

(9) “Copy” in this regulation includes an electronic copy.]

Textual Amendments

Modifications etc. (not altering text)

Procedure for determining applications for registration and objections without a hearingE+W

29.—(1) A registration officer shall discharge his functions of determining [F215an application under section 10ZC(1)(a) or 10ZD(1)(a) of the 1983 Act or considering an objection under section 10ZC(2), 10ZD(2) or 10ZE(5)(a) of that Act] in accordance with this regulation and regulations 30 [F216to 31A] below.

[F217(2) The registration officer must keep separate lists of—

(a)applications for registration;

(b)objections made before the person against whom the objection is made is entered in the register;

(c)objections made after the person against whom the objection is made is entered in the register.

(2A) On receipt of an application the registration officer must enter the name [F218and nationality] of the applicant and the address claimed as his qualifying address in the list he keeps in pursuance of paragraph (2)(a).

(2B) Paragraph (2A) does not apply to an application accompanied by an application for an anonymous entry.

[F219(2BA) Where an application for registration has been made and that application is successful, the registration officer must give confirmation in writing to the applicant of that fact, before either—

(a)publication of the revised register to which the applicant will be added under section 13(1) of the 1983 Act; or

(b)issue of a notice of alteration under section 13A(2) of that Act specifying that the applicant’s name will be added to the register,

whichever is appropriate.

(2BB) Where confirmation is given under paragraph (2BA) in relation to an application for registration made in response to an invitation to register under section 9E(1) of the 1983 Act [F220or made in pursuance of an overseas elector’s declaration], the registration officer must give that confirmation either—

(a)by delivering it to the applicant, leaving it at the applicant’s address or sending it to the applicant’s address by post; or

(b)by electronic means.

(2BC) Where confirmation is given under paragraph (2BA) in relation to an application for registration made other than in response to an invitation to register under section 9E(1) of the 1983 Act [F221or in pursuance of an overseas elector’s declaration]—

(a)the registration officer must give confirmation by delivering it to the applicant, by leaving it at their address or by sending it to them by post; and

(b)the confirmation must give the registration officer’s contact details and must request that any person who receives that confirmation inform the registration officer if the applicant is not resident at the address in respect of which the application was made.

(2BD) A confirmation given under paragraph (2BA) must—

(a)contain the date on which the applicant’s name will be published in the revised register under section 13(1) or in a notice of alteration under section 13A(2) of the 1983 Act; and

(b)where—

(i)the registration officer has information that the applicant is registered in respect of a different address from the one in respect of which they have applied to be registered; and

(ii)in their application for registration, the applicant has identified that address as being an address at which they have ceased to reside in accordance with regulation 26(1)(c);

inform the applicant that their entry relating to that address will be removed from the register under section 10ZE(2) of the 1983 Act.

(2BE) In the case of an application to register in pursuance of a service declaration, or an overseas elector’s declaration, the address to be used for the purposes of paragraph (2BB)(a) or (2BC)(a), is the address the applicant has given under regulation 26(4)(a) or [F22226(5)(zb)], as appropriate.

(2BF) The Electoral Commission must—

(a)design the forms of confirmation to be used under paragraph (2BA);

(b)obtain the approval of the [F223Secretary of State] to the forms; and

(c)then make them available to registration officers.]

[F224(2BG) Before giving the approval referred to in paragraph (2BF)(b), the [F225Secretary of State] must consult the Welsh Ministers.]

(2C) On receipt of an objection made before the person against whom the objection is made is entered in the register, the registration officer must enter—

(a)in the list he keeps in pursuance of paragraph (2)(b), the name and qualifying address of the objector together with the particulars referred to in paragraph (2A), and

(b)in the list he keeps in pursuance of paragraph (2)(a), the particulars of the objection.

(2D) On receipt of any other objection, the registration officer must enter the name and qualifying address of the objector together with the particulars referred to in paragraph (2A) in the list he keeps in pursuance of paragraph (2)(c).]

(3) The registration officer may ask for further information and take no further action until such information is supplied, if he is of opinion that the particulars given in the application or objection are insufficient.

(4) [F226Subject to paragraph (4A),] the registration officer may allow an application without a hearing provided that no objection is made within [F227the period of five days beginning with the day following] the entry of the application in the list of applications.

[F228(4A) In the case of an application for registration accompanied by an application for an anonymous entry, the registration officer may allow the former application without a hearing at any time.]

(5) The registration officer may disallow an objection if he is of opinion that the objector is not entitled to object F229...; and he shall so inform the objector.

[F230(5A) The registration officer may disallow an objection without a hearing if he is of the opinion that the objection is clearly without merit.

(5B) Where the registration officer disallows an objection under paragraph (5A), he must send to the objector a notice stating that the application has been disallowed on that basis and the grounds for his opinion.

(5C) An objector may require the objection to be heard by giving notice to the registration officer within three days from the date of the notice given under paragraph (5B).

(5D) A notification under paragraph (5C) is not to prevent the application to which the objection relates from being allowed.]

(6) The registration officer may send to the applicant or objector a notice stating his opinion that an application or objection cannot be allowed because—

(a)the matter has been concluded by the decision of a court, or

(b)the particulars given in the application or objection do not entitle the applicant or objector to succeed.

(7) In cases to which paragraph (6) applies, the registration officer shall state the grounds for his opinion and that he intends to disallow the application or objection unless that person gives the registration officer notice within three days from the date of the registration officer’s notice that he requires the application or objection to be heard; and if he receives no such notice within that time, he may disallow the application or objection.

[F231(8) In this regulation, “qualifying address” includes the address specified in an overseas elector’s declaration in accordance with [F232section 1C(2)(a)(i), (3)(a)(i) or (4)] of the 1985 Act.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I23Reg. 29 in force at 16.2.2001, see reg. 1(1)

Notice of hearingE+W

30.—(1) The registration officer shall, unless he allows or disallows the application or objection under regulation 29 above, send a notice—

(a)in the case of an application, to the person making the application, and

(b)in the case of an objection, to the objector and the person objected to, stating—

(i)the time and place at which he proposes to hear the application or objection;

(ii)the name and address of the objector and the grounds of the objection (in the case of a notice sent to a person objected to).

(2) The time fixed for the hearing of an application or objection shall not be earlier than the third day or later than the seventh day after the date of the notice referred to in paragraph (1) above.

Commencement Information

I24Reg. 30 in force at 16.2.2001, see reg. 1(1)

Hearing of applications and objectionsE+W

31.—(1) The persons entitled to appear and be heard are as follows—

(a)on an application, the applicant;

(b)on an objection, the objector and the person objected to;

(c)on an application or an objection, any other person who appears to the registration officer to be interested.

(2) The right to appear and be heard includes the right to make written representations.

(3) Any person entitled to appear and be heard may do so either in person or by any other person on his behalf.

(4) The registration officer may, at the request of any person entitled to appear and be heard or, if he thinks fit, without such a request, require that the evidence tendered by any person shall be given on oath and may administer the oath for the purpose.

Commencement Information

I25Reg. 31 in force at 16.2.2001, see reg. 1(1)

[F233Objections relating to applications that have been allowed, but before alterations to register have taken effectE+W

31A.—(1) This regulation applies where—

(a)an application for registration has been allowed (whether without or following a hearing), and

(b)either—

(i)an objection is later made to that application, or

(ii)an objector whose objection in respect of that application has been disallowed in pursuance of regulation 29(5A) notifies the registration officer, in accordance with regulation 29(5C), that he requires the objection to be heard, and

(c)no alteration to the register has yet taken effect in respect of that application by virtue of section 13(5), 13A(2) [F234,13AB(2)] or 13B(3) of the 1983 Act.

(2) Where the registration officer—

(a)is able to determine the objection before the alteration to the register is due to take effect, and

(b)allows the objection,

the application is to be treated as if it had been disallowed.

(3) Where the registration officer is not able to determine the objection before the alteration to the register is due to take effect, the objection is to be treated as if it was made after the person against whom it is made is entered in the register.

(4) Where paragraph (3) applies, the registration officer must transfer the entry relating to the objection from the list he keeps in pursuance of paragraph (2)(b) of regulation 29 to the list he keeps in pursuance of paragraph (2)(c) of that regulation.]

Textual Amendments

[F235Other determinations by registration officer of entitlement to registrationE+W

31B.—(1) A registration officer must discharge the functions specified in paragraph (2) in accordance with regulations 31C to [F23631FZA].

[F237(2) The functions specified in this paragraph are—

(a)determining, under the following provisions, whether a person was entitled to be registered—

(i)sections 7(3)(aa), 7A(3)(aa), 7C(2)(aa), 10ZE(1)(a) and 15(2)(aa) of the 1983 Act, and

(ii)[F238section 1D(4)(a)] of the 1985 Act;

(b)determining, under the following provisions, whether a person was registered or their entry has been altered as a result of an application made by another person—

(i)sections 7(3)(ab), 7A(3)(ab), 7C(2)(ab), 10ZE(1)(c) and 15(2)(ab) of the 1983 Act; and

(ii)[F239section 1D(4)(b)] of the 1985 Act;

(c)determining under section 10ZE(1)(b) of the 1983 Act whether a person has ceased to be resident at the address or has otherwise ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.]

Textual Amendments

[F240Summary procedure for determining in specified circumstances person has ceased to satisfy conditions for registrationE+W

31C.—(1) In any of the circumstances specified in paragraph (2) the registration officer may make a determination under section 10ZE of the 1983 Act in respect of an elector without following the procedure set out in regulations 31D to [F24131FZA].

(2) The circumstances specified in this paragraph are where F242...—

(a)the registration officer has received information either through the digital service or from another registration officer that—

(i)the elector has made an application under section 10ZC or 10ZD of the 1983 Act in respect of an address which is different from the one in respect of which they are registered; and

(ii)in that application the elector has in accordance with regulation 26(1)(c) identified the address in respect of which they are registered as being an address at which they have ceased to reside; and

the relevant registration officer has determined that the person should be entered on the register maintained by that officer; or

(b)the registration officer—

(i)has information from at least two sources that support such a determination;

(ii)has been provided with a death certificate in respect of the elector; or

(iii)has been notified by the registrar of births and deaths that the elector has died [F243; or]

[F244(c)the registration officer has not received the information referred to in paragraph (2)(b)(ii) or (iii) but—

(i)has determined that the elector has died after inspecting records kept by—

(aa)the council by which the registration officer was appointed,

(bb)where the council by which the registration officer was appointed is a council for a district in a county for which there is a county council, that county council, or

(cc)a person providing services to, or authorised to exercise any function of, the council referred to in (aa) or (bb);

(ii)has received information from the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the elector, which allows the registration officer to determine that the elector has died;

(iii)has received information as a result of the annual canvass required by section 9D of the 1983 Act, which allows the registration officer to determine that the elector has died; or

(iv)has received information from a person managing a care home service registered under Part 2 of the Care Standards Act 2000 where the elector was resident, which allows the registration officer to determine that the elector has died.

(2A) The information referred to in paragraph (2)(c)(ii) and (iv) may be provided in person, by telephone or in writing and must include—

(a)the full name and address of the elector who has died;

(b)the full name and address of the person providing the information and, in case of information received under paragraph (2)(c)(ii), that person’s relationship to the elector; and

(c)a statement that the person providing the information is aware of the penalty for providing false information to a registration officer.

(2B) Where the information referred to in paragraph (2)(c)(ii) and (iv) has been provided in person or by telephone by virtue of paragraph (2A), the registration officer must record that information in writing or in data form.]

(3) In this regulation “elector” means a person who is duly entered in a register in respect of an address.]

Textual Amendments

Procedure for reviewing entitlement to registrationE+W

31D.—(1) A registration officer [F245must], for the purposes of making a determination of the nature specified in regulation 31B(2), conduct a review in respect of a person entered in the register.

(2) Where the registration officer is not satisfied that the subject of the review is entitled to be registered, he must—

(a)send to that person such notice, of a kind specified in paragraph (4), as he considers appropriate, and

(b)enter the review in the list kept in pursuance of regulation 31E.

(3) Paragraph (2)(b) does not apply where the subject of a review has an anonymous entry.

[F246(3A) In relation to the registration of local government electors in Wales, paragraph (2)(b) does not apply where the subject of the review is under the age of 16.]

(4) A notice is specified for the purposes of this paragraph if it—

(a)states that the registration officer is of the opinion that the subject of the review [F247is or was not entitled to be registered, or has an entry in the register which results from or was altered as the result of an application made by another person,] and the grounds for his opinion,

(b)states the reason for the review and requires the subject of the review to provide such further information as might be specified in the notice or requires him to make a declaration under regulation 24 [F248or 24A,] or both, or

(c)states the reason for the review and that the registration officer intends to conduct a hearing of it.

[F249(4A) A notice specified for the purposes of paragraph (4)(a) must also state that—

(a)where the subject of the review does not notify the registration officer within 14 days beginning with the date of the notice that the subject of the review requires the review to be heard, the registration officer may determine the review and remove the subject’s entry from the register;

(b)the subject of the review would not be entitled to a right of appeal against the registration officer’s determination in the circumstances described in sub-paragraph (a); and

(c)after 14 days beginning with the date of the notice, the subject of the review can contact the registration officer to find out if the registration officer has removed the subject’s entry from the register.] 

(5) Where—

(a)the registration officer sends to the subject of the review a notice in the form specified in paragraph (4)(a), and

(b)that person does not, within 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard,

the registration officer may determine without a hearing that the subject of the review was not entitled to be registered [F250, that the subject of the review was registered and their entry has been altered as the result of an application made by another person,] or, as the case may be, [F251that the subject of the review] has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(6) Paragraph (7) applies where—

(a)the registration officer sends to the subject of the review a notice in the form specified in paragraph (4)(b), and

(b)that person does not respond to the registration officer’s satisfaction, or at all, within the period of 28 days beginning with the date of that notice.

[F252(7) The registration officer may send a notice to the subject of the review which states that—

(a)the registration officer is not satisfied that the subject of the review is or was entitled to be registered, or that the subject’s entry in the register does not result from or has not been altered as the result of an application made by another person, and the grounds for the registration officer’s opinion;

(b)if within 14 days beginning with the date of the notice, the subject of the review does not require the review to be heard, the registration officer may determine the review and remove the subject’s entry from the register;

(c)the subject of the review would not be entitled to a right of appeal against the registration officer’s determination in the circumstances described in sub-paragraph (b); and

(d)after 14 days beginning with the date of the notice, the subject of the review can contact the registration officer to find out if the registration officer has removed the subject’s entry from the register.] 

(8) Where—

(a)the registration officer sends to the subject of the review a notice in pursuance of paragraph (7), and

(b)the subject of the review does not, within the period of 14 days beginning with the date of that notice, notify the registration officer that he requires the review to be heard,

the registration officer may determine without a hearing that the subject of the review was not entitled to be registered [F253, that the subject of the review was registered and their entry has been altered as the result of an application made by another person,] or, as the case may be, [F254that the subject of the review] has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.

(9) In making a determination under paragraph (5) or (8), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.

(10) In this regulation and regulations 31E and 31F—

“review” must be construed in accordance with paragraph (1);

“the subject of the review” means the person in respect of whom the review is conducted.

Textual Amendments

List of reviewsE+W

31E.—(1) The registration officer must keep a list of reviews.

(2) The list must contain, in relation to each review, the following particulars—

(a)the full name of the subject of the review,

(b)his electoral number,

(c)his qualifying address, and

(d)the reason for the review.

(3) The list must be made available for inspection at the registration officer’s office.

(4) This regulation does not apply to any review where the subject of the review has an anonymous entry.

[F255(5) In relation to the registration of local government electors in Wales, this regulation does not apply to any review where the subject of the review is under the age of 16.]

Textual Amendments

Hearings of reviewsE+W

31F.—(1) Where the registration officer determines that a hearing of the review should be conducted, the notice given under regulation 31D(4)(c) must also state the time and place at which he proposes to hear the review.

(2) Where the subject of the review requires the review to be heard, the registration officer must send to that person a notice stating the time and place at which he proposes to hear the review.

(3) The time fixed for the hearing must not be earlier than the third day after the date of the notice in which that time is stated.

(4) The persons entitled to appear and be heard are—

(a)the subject of the review;

(b)any other person who appears to the registration officer to be interested.

(5) Paragraphs (2) to (4) of regulation 31 apply to the hearing of a review as they apply to the hearing of an application for registration or objection.

(6) The registration officer may determine that the subject of the review was not entitled to be registered [F256, that the subject of the review was registered and their entry has been altered as the result of an application made by another person,] or, as the case may be, [F257that the subject of the review] has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act, despite the failure of that person (or any other person entitled to appear and be heard) to attend.

(7) In making a determination under paragraph (6), the registration officer must take into account any written representations made to him by the subject of the review and may take into account the written representations of any other person who appears to him to be interested.]

Textual Amendments

Modifications etc. (not altering text)

C57Reg. 31F(2)-(7) applied (with modifications) (7.5.2024) by S.I. 2012/1917, Sch. A1 para. 3 (as inserted by The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023 (S.I. 2023/1150), reg. 1(2), Sch. 1)

[F258Notification of outcome of reviewsE+W

31FZA.—(1) Where the registration officer is required to send to the subject of the review a notice under regulation 31D(2) and the subject of the review has required the review to be heard or has made representations to the registration officer, the registration officer must notify the subject of the review in writing of its outcome and when doing so—

(a)state whether there is a right of appeal under section 56(1)(azd) or (aa) of the 1983 Act;

(b)specify the time within which any notice of appeal under that section must be given (in accordance with regulation 32(2)); and

(c)provide such other information about the appeal that the registration officer considers necessary.

(2) Where the registration officer is required to send to the subject of the review a notice under regulation 31D(2) and the subject of the review has not required that the review be heard, or has not made any representations to the registration officer, the registration officer may notify the subject of the review of its outcome and when doing so state that there is no right of appeal of that decision.]

Textual Amendments

Modifications etc. (not altering text)

C59Reg. 31FZA(1) applied (with modifications) (7.5.2024) by S.I. 2012/1917, Sch. A1 para. 3 (as inserted by The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023 (S.I. 2023/1150), reg. 1(2), Sch. 1)

[F259Determinations of entitlement to remain registered during the annual canvassE+W

31FA.—[F260(1)] If a registration officer is required by section 10ZE(5)(b) of the 1983 Act to consider making a determination under section 10ZE(1) of that Act as a result of information received in response to the canvass conducted under section 9D of that Act, the registration officer must so far as reasonably practicable take any relevant steps under regulations 31D to [F26131FZA] so as to enable the relevant determination to be made [F262, and the subject of the review to be notified of the determination,] before the registration officer publishes a revised version of the register under section 13(1)(a) of the 1983 Act.]

[F263(2) This regulation does not apply where under regulation 31C(2)(c)(iii) a registration officer has received information as a result of the annual canvass which allows the registration officer to determine that the elector has died.]

Textual Amendments

[F264Anonymous registration: applications and declarationsE+W

31G.—(1) An application for an anonymous entry must state—

(a)the applicant’s full name,

(b)the address given in accordance with regulation 26(1)(b),

(c)the reason for the application, and

(d)the date of the application.

(2) The application must be in writing and signed by the applicant.

(3) The application must be accompanied by evidence of the nature prescribed in regulation 31I or 31J.

(4) Where the evidence mentioned in paragraph (3) relates not to the applicant, but to another person of the same household as the applicant, the application must be accompanied by evidence that that person is of that household.

(5) The application must be accompanied by a declaration made by the applicant that—

(a)the particulars given in accordance with paragraph (1) are true,

(b)so far as he is aware, the evidence provided in pursuance of paragraph (3) is genuine, and

(c)where paragraph (4) applies—

(i)the person to whom the evidence relates is a person of the same household of the applicant, and

(ii)so far as he is aware, the evidence provided in pursuance of paragraph (4) is genuine.

(6) The application may give an address to which the registration officer must send correspondence, other than the address given in accordance with paragraph (1)(b).

[F265(7) Where an application for an anonymous entry is made by a person who is, or who has applied to be, registered as an elector in pursuance of an overseas elector’s declaration, this regulation applies as if—

(a)in paragraph (1)—

(i)the reference in sub-paragraph (b) to regulation 26(1)(b) were a reference to section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act;

(ii)after sub-paragraph (b) there were inserted—

“(ba)the address given in accordance with regulation 18(4) or 22B(1);”;

(b)paragraph (6) were omitted.]

Textual Amendments

Anonymous registration: determination of applications by registration officerE+W

31H.—(1) Paragraph (2) applies where—

(a)the registration officer determines that the applicant for an anonymous entry is entitled to be registered, and

(b)the application for an anonymous entry is made in accordance with regulation 31G(1), (2) and (5).

(2) The registration officer must determine that the safety test is satisfied (and accordingly allow the application for an anonymous entry) where he is satisfied—

(a)that the evidence provided in support of the application in pursuance of regulation 31G(3) constitutes evidence of the nature prescribed in regulation 31I or 31J, and

(b)in the case of an application where regulation 31G(4) applies, that the evidence provided in pursuance of that paragraph establishes that the person in question is a person of the same household as the applicant.

Textual Amendments

Anonymous registration: evidence consisting of relevant court orders or injunctionsE+W

31I.—(1) Evidence which meets the following conditions is prescribed for the purposes of regulations 31G(3) and 31H(2)(a).

(2) The first condition is that the evidence is, or is a copy of, a relevant order or injunction.

(3) A relevant order or injunction is—

(a)an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under section 3 of the Protection from Harassment Act 1997;

(b)an injunction granted under section 3A(2) of the Protection from Harassment Act 1997(10);

(c)a restraining order made under section 5(1) of the Protection from Harassment Act 1997(11) [F266or section 360 of the Sentencing Code];

(d)a restraining order on acquittal made under section 5A(1) of the Protection from Harassment Act 1997(12);

[F267(e)a non-harassment order, interdict or interim interdict made under section 8 or 8A of the Protection from Harassment Act 1997;]

(f)a non-harassment order made under section 234A(2) of the Criminal Procedure (Scotland) Act 1995(13);

(g)a non-molestation order made under section 42(2) of the Family Law Act 1996(14);

[F268(h)an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997;

(i)a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997;

(j)a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997;

(k)a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998];

[F269(l)a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(m)a domestic interdict within the meaning of section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(n)a relevant interdict within the meaning of section 113 of the Civil Partnership Act 2004;

(o)an interdict that has been determined to be a domestic abuse interdict within the meaning of section 3 of the Domestic Abuse (Scotland) Act 2011;

(p)any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 2001;

(q)a forced marriage protection order or interim forced marriage protection order made under any of the following provisions—

(i)Part 4A of the Family Law Act 1996;

(ii)section 2 of, and paragraph 1 of Schedule 1 to, the Forced Marriage (Civil Protection) Act 2007;

(iii)section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011; and

(iv)section 5 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011];

[F270(r)a domestic violence protection order made under section 28 of the Crime and Security Act 2010 or section 97 of, and paragraph 5 of Schedule 7 to, the Justice Act (Northern Ireland) 2015;

(s)a female genital mutilation protection order made under section 5A of, and paragraphs 1 or 18 of Schedule 2 to, the Female Genital Mutilation Act 2003.]

(4) The second condition is that the relevant order or injunction is made for the protection, or otherwise for the benefit, of—

(a)the applicant for an anonymous entry, or

(b)another person of the same household as him.

(5) The third condition is that the relevant order or injunction is in force on the day on which the application for an anonymous entry is made.

Textual Amendments

Anonymous registration: evidence by attestationE+W

31J.—(1) An attestation within the meaning of this regulation is prescribed for the purposes of regulations 31G(3) and 31H(2)(a).

(2) The attestation must—

(a)certify that the safety of the applicant, or of another named person of the same household as him, would be at risk if the register contained the name of the applicant or his qualifying address,

(b)state the date on which it is made, and

(c)be in writing and signed by a qualifying officer.

[F271(2A) Where the applicant is or has applied to be registered in pursuance of an overseas elector’s declaration, the reference in paragraph (2)(a) to the applicant’s qualifying address includes a reference to the address provided by the applicant in accordance with regulation 18(4) or 22B(1).]

(3) The attestation must state the period for which it has effect, being a period of between one and five years beginning with the date on which the attestation is made.

(4) Qualifying officer means—

(a)[F272a police officer of or above the rank of [F273inspector]] of any police force in England and Wales;

(b)[F274a police officer of or above the rank of [F275inspector]] of [F276the Police Service of Scotland];

(c)[F277a police officer of or above the rank of [F278inspector]] of the Police Service of Northern Ireland;

(d)the Director General of the Security Service;

(e)the Director General of the Serious Organised Crime Agency;

[F279(f)any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970;

(g)any director of children’s services in England within the meaning of section 18 of the Children Act 2004;

(h)any director of social services in Wales within the meaning of [F280section 144 of the Social Services and Well-being (Wales) Act 2014];

(i)any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968;

(j)any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;

(k)any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991];

[F281(l)any registered medical practitioner;

(m)any registered nurse or midwife;

(n)any person who manages a refuge.]

[F282(5) In this regulation “refuge” means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.]

[F283(6) In relation to the registration of local government electors in Wales, where the applicant is under the age of 16 on the date on which the application is made—

(a)“qualifying officer” also includes a person authorised in writing for the purposes of this regulation by an officer referred to in paragraph (4)(h), and

(b)where the attestation is signed by a person so authorised, the attestation must be accompanied by a copy of the person's authorisation.]]

Textual Amendments

F279Reg. 31J(4)(f)-(k) substituted for reg. 31J(4)(f)-(h) (17.3.2009) by The Representation of the People (Amendment) Regulations 2009 (S.I. 2009/725), regs. 1(1), 7(d)

Modifications etc. (not altering text)

Registration appealsE+W

32.—[F284(1) This regulation makes provision in connection with the right of appeal under section 56(1)(a), (aza), (azb), (azc), (azd), (aa) and (ab) of the 1983 Act.]

(2) A person desiring to appeal must—

(a)give notice of appeal to the registration officer and to the opposite party (if any) when the decision is given, or within 14 days thereafter, and

(b)specify the grounds of appeal.

(3) The registration officer shall forward any such notice to the appropriate county court in accordance with rules of court together, in each case, with—

(a)a statement of the material facts which in his opinion have been established in the case, and

(b)his decision upon the whole case and on any point which may be specified as a ground of appeal.

(4) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the appropriate county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Textual Amendments

Commencement Information

I26Reg. 32 in force at 16.2.2001, see reg. 1(1)

[F285Annual canvass: register of local government electors in Wales]E+W

F28632ZA.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Steps to be taken by a registration officer where no information in response to an annual canvass form is received in respect of a particular addressE+W

F28732ZB.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F288[F289Annual canvassE+W

32ZBA.—(1) Before conducting the annual canvass required by section 9D(1) of the 1983 Act, each registration officer must comply with paragraph (1) of regulation 32ZBB in respect of a register F290....

(2) Each registration officer must conduct the annual canvass in respect of a residential address in the area for which they are responsible in accordance with regulation 32ZBD, for the purposes of a register F291....

(3) The obligation in paragraph (2) does not apply in a case described in paragraph (4) or (5) (but see paragraph (6)).

(4) The first case is where—

(a)having taken into account the information described in paragraph (7), the registration officer—

(i)is satisfied that it is not necessary to remove a person registered at the address from [F292a register]; and

(ii)has no reason to believe that any addition may be required to F293... a register in respect of the address; and

(b)having proceeded to conduct the annual canvass in accordance with regulation 32ZBE—

(i)the registration officer remains satisfied as to the matters in sub-paragraph (a); or

(ii)in circumstances where the registration officer has reason to believe that—

(aa)it may be necessary to remove a person registered at that address from [F294a register]; or

(bb)a person who resides at the address may be entitled to be added to such a register,

the registration officer is aware of that person's name.

(5) The second case is where—

(a)the address is in respect of a property to which regulation 32ZBF(2) applies;

(b)the registration officer has—

(i)identified a responsible person in respect of that property within the meaning of regulation 32ZBF(8); and

(ii)attempted to make contact with the responsible person in accordance with regulation 32ZBF(5) [F295or (5A)]; and

(c)the responsible person has, within a reasonable time of the registration officer making that attempt, communicated the information described in regulation 32ZBF(5)(a) to (c) to the officer.

(6) Where any of the information described in paragraph (7) or taken into account in accordance with paragraph (8) indicates that only persons under the age of 18 are registered at an address F296..., the registration officer must conduct the annual canvass in respect of that address in accordance with regulation 32ZBD.

(7) The information in this paragraph is—

(a)the results of the data comparison described in regulation 32ZBB, where disclosed to the registration officer by the [F297Secretary of State for [F298Housing, Communities and Local Government]] in accordance with paragraph (6) of that regulation; and

(b)any information which the registration officer may hold following the determination of an application under section 10ZC(1) or 10ZD(1) of the 1983 Act in respect of a person—

(i)whose name has not yet been published in a notice of alteration under section 13A(2) of that Act; or

(ii)excluded from the data comparison described in regulation 32ZBB by virtue of paragraph (7) of that regulation.

(8) In determining whether either of the cases described in paragraphs (4) or (5) is made out, the registration officer may take into account any other information which the officer may hold in writing or in data form for the purposes of the officer's registration duties F299... or any information which that officer may inspect for those purposes.

Textual Amendments

Annual canvass data matchingE+W

32ZBB.—(1) Subject to paragraphs (7) and (8), each registration officer must disclose to the [F300Secretary of State for [F301Housing, Communities and Local Government]] the matching data in respect of each person aged 16 or over who is registered in a register F302..., maintained by that registration officer.

(2) The matching data must be disclosed in such format and through such an infrastructure system as the [F303Secretary of State for [F304Housing, Communities and Local Government]] may have notified to the registration officer in writing.

(3) Following receipt of the matching data from the registration officer, the [F305Secretary of State for [F306Housing, Communities and Local Government]] may disclose that data to the Secretary of State [F307for Work and Pensions].

(4) Where matching data has been disclosed to the Secretary of State [F308for Work and Pensions] under paragraph (3), the Secretary of State [F308for Work and Pensions] may compare it against information appearing in the following types of database kept by the Secretary of State [F308for Work and Pensions]—

(a)databases kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Communities (Northern Ireland)); and

(b)databases relating to working tax credit, child tax credit and child benefit (being information kept on behalf of Her Majesty's Revenue and Customs).

(5) The Secretary of State [F309for Work and Pensions] may disclose the results of the data comparison to the [F310Secretary of State for [F311Housing, Communities and Local Government]].

(6) On receipt of such results, the [F312Secretary of State for [F313Housing, Communities and Local Government]] may disclose them to the registration officer in whose register the person concerned is registered.

(7) Where—

(a)a registration officer has successfully determined a person's application under section 10ZC(1) or 10ZD(1) of the 1983 Act at any time during the 90 day period ending with the day before the day on which the registration officer proposes to commence disclosure of matching data in accordance with paragraph (1); and

(b)that person's entry on the register has been published in a notice of alteration under section 13A(2) of the 1983 Act,

the registration officer may disclose matching data for that person to the [F314Secretary of State for [F315Housing, Communities and Local Government]] but is not required to do so.

(8) Where a person falls within the scope of section 9D(6) of the 1983 Act the registration officer must not disclose that person's matching data under paragraph (1).

(9) In this regulation—

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

“matching data” means—

(a)

a person's full name;

(b)

where held by the registration officer, a person's date of birth;

(c)

the address, including postcode, of the property at which a person is registered;

(d)

where held by the registration officer, the unique property reference number of the property at which a person is registered; and

(e)

any other information held by the registration officer which relates to a person's entry on the register and which the [F316Secretary of State for [F317Housing, Communities and Local Government]] may have specified in writing.

F318...

Textual Amendments