The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

Statutory Instruments

2023 No. 1145 (C. 75)

REPRESENTATION OF THE PEOPLE

The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

Made

25th October 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 54(9)(c) and 67(1) and (4) of, and paragraph 4(1) of Schedule 3, paragraphs 8(1), 9(1), 10(1) and 11(1) of Schedule 4, and paragraphs 32(1), 33(1), 47(1) and 48(1) of Schedule 6 to the Elections Act 2022(1) (“the 2022 Act”) and section 3(4) of the Ballot Secrecy Act 2023(2).

The Commission(3) have prepared draft guidance entitled “Statutory guidance on digital imprints”(4) in accordance with section 54(1) of the 2022 Act, which the Commission submitted to the Secretary of State for approval.

The Secretary of State has approved the draft guidance with modifications pursuant to section 54(4) of the 2022 Act, and in accordance with section 54(5) and (6) has laid a draft of the guidance before both Houses of Parliament on 13th July 2023, together with a statement of the Secretary of State’s reasons for modification of the guidance. No resolution of the kind referred to in section 54(7) was made within the 40-day period(5).

(1)

2022 c. 37.

(2)

2023 c. 12.

(3)

See section 61 of the Elections Act 2022 for the meaning of “the Commission”.

(4)

A copy of the guidance as modified is available at https://www.gov.uk/government/publications/digital-imprints-draft-statutory-guidance/draft-statutory-guidance-on-digital-imprints. A copy of the guidance can be obtained from the Electoral Commission, 3 Bunhill Row, London, EC1Y 8YZ.

(5)

See section 54(12) for the meaning of “the 40-day period”.