Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Individual electoral registration in Great Britain
After section 10ZB of the Representation of the People Act 1983 insert—
Schedule 1 contains amendments about the alteration of registers and removal from a register.
Registration officers in Great Britain must have regard to any guidance given by the Minister about the determination of applications under section 10ZC of the 1983 Act.
The guidance that may be given includes guidance about the process for determining whether the conditions in subsection (1) of that section are met and the relative weight to be given to different kinds of evidence.
Subsections (3) and (4) cease to have effect at the end of the period of 5 years beginning with the day on which they come fully into force.
Schedule 2 to the Representation of the People Act 1983 (provisions which may be contained in regulations as to registration etc) is amended as follows.
In paragraph 1, after sub-paragraph (2) insert—
After paragraph 3 insert—
After paragraph 8A insert—
In section 201 of the Representation of the People Act 1983 (regulations), before subsection (3) insert—
Schedule 2 to this Act contains amendments related to this section.
In paragraph 6 of Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain), for sub-paragraphs (3) and (4) substitute—
After section 9C of the Representation of the People Act 1983 insert—
After section 9D of the Representation of the People Act 1983 insert—
Schedule 3 inserts a new Schedule ZA1 into the 1983 Act.
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The Secretary of State may by order make provision for the purposes of assisting registration officers in Great Britain to ascertain—
the names and addresses of persons who are not registered in a register but who are entitled to be registered;
those persons who are registered in a register but who are not entitled to be registered.
The Secretary of State may by order—
modify section 9D of the Representation of the People Act 1983 or any other provision relating to a canvass under that section;
abolish the duty to conduct a canvass under that section.
But the power in subsection (2) does not include the power to modify any provision or abolish the duty in section 9D so far as the provision or duty applies in relation to a register of local government electors maintained by a registration officer in Wales.
If the duty to conduct a canvass is abolished, the provision that may be made under subsection (1) includes provision reinstating the duty.
An order under this section may create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
An order under this section may confer power to make subordinate legislation and, if it does so, must provide—
that the subordinate legislation is to be made by statutory instrument, and
that the instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
If the Secretary of State consults the Electoral Commission about a proposal to make an order under section 7, the Commission must prepare a report assessing—
the extent to which the objective in subsection (2) is met,
the extent to which the objective would be met if the order were made, and
the merits of alternative ways of achieving the objective.
The objective is to assist registration officers in Great Britain to ascertain—
the names and addresses of persons who are not registered in a register but who are entitled to be registered;
those persons who are registered in a register but who are not entitled to be registered.
The Electoral Commission must give a copy of the report to the Secretary of State by the specified date.
The “specified date” means a date to be specified by the Secretary of State and the date must not be before the end of the period of 3 months beginning with the day on which the Commission is consulted.
A registration officer in Great Britain must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under this section.
When a draft of a statutory instrument containing an order under section 7 is laid before Parliament (see section 11), it must be accompanied by a report under this section, unless the instrument contains provision only for the purpose of reinstating the duty to conduct a canvass as mentioned in section 7(3).
An order under section 7 may be made so as to have effect in relation to a specified period.
An order which, by virtue of subsection (1), is to have effect in relation to a limited period is referred to in this section as a “pilot scheme”.
The Secretary of State may make a pilot scheme applying in relation to an area only if the registration officer for that area has—
proposed the making of a pilot scheme in relation to that area, and
agreed to any modifications made by the Secretary of State to the proposal.
Section 8 does not apply in relation to a pilot scheme.
The provision that may be made in a pilot scheme by virtue of section 11(3) includes, in particular, provision in connection with the expiry of the specified period.
A pilot scheme may be replaced by a further pilot scheme.
If a pilot scheme is made, the Electoral Commission must—
prepare a report on the pilot scheme, and
by no later than a date to be specified in the pilot scheme, give a copy of the report to the Secretary of State and to the registration officer for the area concerned (or the officer for each area concerned).
The Electoral Commission's report must contain—
a description of the pilot scheme,
an assessment of the extent to which the objective in section 8(2) was met in the area or areas concerned immediately before the specified period,
an assessment of the extent to which the objective was met in the area or areas concerned during the specified period, and
an assessment of the extent to which the scheme resulted in savings of time and costs, or the opposite.
The Secretary of State must publish the Electoral Commission's report.
A registration officer in Great Britain must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under this section.
The Secretary of State may by order make provision for the purpose of testing, for a specified period and in relation to a specified area, how the changes made by any registration provision work in practice.
But an order under subsection (1) may not make provision for the purpose of testing how the changes made by any registration provision work in relation to a register of local government electors maintained by a registration officer in Wales.
An order under this section may, in particular, make provision the effect of which corresponds to the effect of the amendments made by any registration provision (or the subordinate legislation that may be made by virtue of any registration provision).
“Registration provision” means any provision of—
Schedule 4.
The Secretary of State may make an order under this section in relation to an area only if the registration officer for that area has—
proposed the making of an order in relation to that area, and
agreed to any modifications made by the Secretary of State to the proposal.
The provision that may be made in an order under this section by virtue of section 11(3) includes, in particular, provision in connection with the expiry of the specified period.
An order under this section may make provision modifying Schedule 5 (for example, to modify the meaning of “new application for registration”).
An order under this Part is to be made by statutory instrument.
A statutory instrument containing an order under this Part (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament (but paragraph 28 of Schedule 5 contains an exception to this).
An order under this Part may make consequential, supplementary, incidental, transitional or saving provision.
An order under this Part may modify any other Act or subordinate legislation (whenever passed or made).
An order under this Part—
may apply generally or only in specified cases, circumstances or areas;
may make different provision for different cases, circumstances or areas.
In this Part—“modify” includes amend, repeal or revoke;“register” means a register of parliamentary electors or local government electors maintained by a registration officer in Great Britain other than a register of local government electors maintained by a registration officer in Wales;“registration officer” has the same meaning as in the Representation of the People Act 1983 (see section 8 of that Act);“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
Schedule 4 contains amendments to do with this Part.
Schedule 5 makes transitional provision to do with this Part.
In relation to an offence committed in England and Wales before 2 May 2022 , the reference to the general limit in a magistrates’ court in paragraph 13(1ZD)(a) of Schedule 2 to the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) is to be read as a reference to 6 months.
In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference to 51 weeks in paragraph 13(1ZD)(b) of Schedule 2 to the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) is to be read as a reference to 6 months.
Administration and conduct of elections etc
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Schedule 1 to the Representation of the People Act 1983 (parliamentary elections rules) is amended in accordance with subsections (3) to (5).
In the Timetable in rule 1, in the entry relating to “Polling”, in column 3 (polling day for by-election to be on 9th to 11th day after last day for delivery of nomination papers)—
for “ninth” substitute “ 17th ”, and
for “eleventh” substitute “ 19th ”.
In rule 30(3) (notice of appointment of polling and counting agents to be given no later than the second day before the poll), for “second” substitute “ 5th ”.
In rules 61(9), 63(9) and 64(6) (where election candidate dies, fresh poll to be held 15 to 19 days after day on which election writ treated as received)—
for “15” substitute “ 21 ”, and
for “19” substitute “ 27 ”.
In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599 (N.I.)), in the entry for rule 30, omit the words in the second column.
Section 16 of the Representation of the People Act 1985 (postponement of parish and community council elections in England and Wales) is repealed.
In section 29(5) of that Act (provisions which do not extend to Northern Ireland), for “16 to 18” substitute “ 17 and 18 ”.
In section 40(1) of the Representation of the People Act 1983 (effect of bank holidays etc on timing of elections), omit “or section 16 of the Representation of the People Act 1985”.
The Representation of the People Act 1983 is amended as follows.
In section 13A (alteration of registers)—
in subsection (4), after “section” insert “ 13AB(2), ”;
in subsection (5), after “this section, section” insert “ 13AB, ”.
After that section insert—
In section 13B(2) (alteration of registers in Great Britain: pending elections), after “subsection (2) of that section” insert “ or section 13AB(3) ”.
In section 56 (registration appeals: England and Wales)—
in subsection (4), after “13A” insert “ , 13AB ”;
in subsection (4A), after “13A(2)” insert “ , 13AB(3) ”.
In section 18C of the Representation of the People Act 1983 (review of polling districts and places), for subsections (1) to (5) substitute—
In section 29(3) of the Representation of the People Act 1983 (payments by and to a returning officer) at the beginning insert “ Subject to section 29A, ”.
After section 29 of that Act insert—
In paragraph 107 of Schedule 1 to the Electoral Administration Act 2006 (amendment to section 29 of the 1983 Act) in sub-paragraph (2), in substituted subsection (3), at the beginning insert “ Subject to section 29A, ”.
Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) is amended as follows.
In rule 37 (voting procedure) as it extends to England and Wales and Scotland, after paragraph (6) insert—
In rule 37 (voting procedure) as it extends to Northern Ireland, after paragraph (3) insert—
Rule 19 of Schedule 1 to the Representation of the People Act 1983 (ballot papers for parliamentary elections) is amended as follows.
After paragraph (2A) insert—
In paragraph (2B), for “The request” substitute “ A request under paragraph (2A) or (2AA) ”.
In Schedule 1 to the Representation of the People Act 1983 (parliamentary elections rules), in rule 31 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—
In rule 32 of that Schedule (admission to polling station), after paragraph (4) insert—
In Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain), in paragraph 2 (manner of voting at parliamentary or local government elections), after sub-paragraph (5) insert—
In Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain), after paragraph 7D insert—
In section 7 of the Political Parties, Elections and Referendums Act 2000 (Electoral Commission to be consulted on changes to Electoral Law), after subsection (2)(e) insert—.
Part 1 of the Electoral Administration Act 2006 (co-ordinated on-line record of electors) is repealed.
The table contains consequential repeals.
In section 10ZB—in subsection (5), paragraph (b) and the “or” before it; subsections (6) and (8).
Final provisions
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown in consequence of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There is to be paid out of the Consolidated Fund any increase attributable to this Act in the sums payable under any other Act out of that Fund.
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An amendment or repeal made by this Act has the same extent as the enactment (or part of an enactment) amended or repealed.
Subject as follows, Parts 1 and 2 of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Paragraph 28 of Schedule 5 comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.
This Part comes into force on the day on which this Act is passed.
An order under subsection (1) may appoint different days for different purposes (including different days for different parts of the United Kingdom).
An order under subsection (1) bringing into force any provision of section 19 may—
make provision in consequence of, or for giving full effect to, that section, or
make supplementary or incidental provision for the purposes of that section.
An order made by virtue of subsection (5) may—
modify any Act (whenever passed), including any provision inserted by a provision of this Act apart from section 19, or
modify subordinate legislation (whenever made).
An order made by virtue of subsection (5) that contains provision modifying an Act may not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
Any other order made by virtue of subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“modify” includes amend, repeal or revoke;“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
The Secretary of State may by order made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act or of any provision of an order made by virtue of subsection (5).
This Act may be cited as the Electoral Registration and Administration Act 2013.
Register of electors: alterations and removal
After section 10ZC of the Representation of the People Act 1983 insert—
Registration officers in Great Britain must have regard to any guidance given by the Minister about the determination of applications under section 10ZD of the Representation of the People Act 1983.
The guidance that may be given includes guidance about the process for determining whether the conditions in subsection (1) of that section are met and the relative weight to be given to different kinds of evidence.
Sub-paragraphs (1) and (2) cease to have effect at the end of the period of 5 years beginning with the day on which they come fully into force.
In section 13A(1)(d) of the Representation of the People Act 1983 (alteration of registers to correct clerical errors), at the end insert “ or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect. ”
Sharing and checking information etc
Schedule 2 to the Representation of the People Act 1983 (provisions which may be contained in regulations as to registration etc) is amended as follows.
After paragraph 1 insert—
After paragraph 8B (inserted by section 2) insert—
In paragraph 13, after sub-paragraph (1ZA) insert—
In section 53 of the Representation of the People Act 1983 (power to make regulations as to registration etc), after subsection (4) insert—
Civil penalty for failing to make application when required by registration officer
In the Representation of the People Act 1983, before Schedule A1 insert—
Amendments to do with Part 1
Representation of the People Act 1983 (c. 2)
The Representation of the People Act 1983 is amended as follows.
In section 7 (residence: patients in mental hospitals who are not detained offenders or on remand), in subsection (3), after paragraph (aa) insert—.
In section 7A (residence: persons remanded in custody etc), in subsection (3), after paragraph (aa) insert—.
In section 7C (effect of declaration of local connection), in subsection (2), after paragraph (aa) insert—.
In section 9 (registers of electors), in subsection (2)—
for the words from the beginning to “register” substitute “ Subject to any other provision of this Act, each register ”;
for paragraph (a) substitute—.
Section 9A (registration officers: duty to take necessary steps) is amended as follows.
At the end of subsection (1) insert “ and for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it ”.
In subsection (2)(a), for “section 10” substitute “ section 9D ”.
Section 9B (anonymous registration) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (5), after “a person” insert “ as the result of an application under subsection (1)(a) ”.
For subsection (6) substitute—
In subsection (7)(b), omit the words from “(including an application” to the end.
Section 9C (removal of anonymous entries) is amended as follows.
In subsection (1), omit “in pursuance of the application for registration mentioned in section 9B(1)”.
In subsection (3), omit “a further application for registration accompanied by”.
Section 10 (maintenance of the registers: duty to conduct canvass) is amended as follows.
Omit subsection (1).
In subsection (2), omit “(1) or”.
In subsection (3)—
after “canvass” insert “ under this section ”;
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For subsection (4) substitute—
In subsection (4A), omit “for the purposes of a canvass in Northern Ireland”.
In subsection (5), for “a registration officer” substitute “ under this section the Chief Electoral Officer for Northern Ireland ”.
In subsection (6), for “a registration officer” substitute “ under this section the Chief Electoral Officer for Northern Ireland ”.
In the heading, after “canvass” insert “ in Northern Ireland ”.
Section 10A (maintenance of the registers: registration of electors) is amended as follows.
In subsection (1), for “A registration officer” substitute “ The Chief Electoral Officer for Northern Ireland ”.
In subsection (2A), omit “(subject to section 13BB(2))”.
In subsection (3)—
for “A registration officer” substitute “ The Chief Electoral Officer for Northern Ireland ”;
after “registration” insert “ in Northern Ireland ”.
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In subsection (4), before “asking” insert “ in Northern Ireland ”.
In subsection (5)—
after “in respect of any address” insert “ in Northern Ireland ”;
for “the registration officer concerned” substitute “ the Chief Electoral Officer for Northern Ireland ”;
for “the registration officer is” substitute “ the Officer is ”.
In subsection (5A)(b), for “the registration officer” substitute “ the Chief Electoral Officer for Northern Ireland ”.
In subsection (5B), for “A registration officer” substitute “ The Chief Electoral Officer for Northern Ireland ”.
In subsection (6), for “the registration officer concerned” substitute “ the Chief Electoral Officer for Northern Ireland ”.
In subsection (7), for “a registration officer” substitute “ the Chief Electoral Officer for Northern Ireland ”.
In the heading, after “electors” insert “ in Northern Ireland ”.
Section 13 (publication of registers) is amended as follows.
In subsection (2)(b), after “13A(3)” insert “ or (3A) ”.
In subsection (5)(b), for “13BB” substitute “ 13BA ”.
Section 13A (alteration of registers) is amended as follows.
In subsection (1)—
before paragraph (a) insert—;
in paragraph (a), after “registration” insert “ in Northern Ireland ”.
After subsection (3) insert—
In subsection (5), for “13B or 13BA below or section 13BB below” substitute “ section 13B or section 13BA below ”.
In section 13B (alteration of registers in Great Britain: pending elections), in subsection (2)(a), for “paragraphs (a) to (d)” substitute “ paragraphs (za), (zb), (b), (c) and (d) ”.
Omit section 13BB (election falling within canvass period).
In section 15 (service declaration), in subsection (2), after paragraph (aa) insert—.
Section 49 (effect of registers) is amended as follows.
In subsection (5)—
in paragraph (b), for the words from “is not” to “was not” substitute “ is not or was not at any particular time ”;
in paragraph (c), for the words from “is, or” to “was,” substitute “ is or was at any particular time ”.
Omit subsection (6).
In section 54(1) (payment of expenses of registration), after “under this Act” insert “ or the Electoral Registration and Administration Act 2013 ”.
In section 56(1) (registration appeals: England and Wales), for paragraphs (a) and (aa) substitute—.
In section 62 (offences as to declarations), in subsection (1A), for “section 9B(1)(b)” substitute “ section 9B(1A)(a) ”.
Schedule 2 (provisions which may be contained in regulations as to registration etc) is amended as follows.
In paragraph 1—
in sub-paragraph (2), after “authorising” insert “ or requiring ”;
in sub-paragraph (3)(a)—
for “so required” substitute “ by virtue of regulations under sub-paragraph (2) required ”;
after “so registered” insert “ or to determine whether the person is the person who made the application under section 10ZC or 10ZD ”.
After paragraph 1A (inserted by Schedule 2) insert—
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After paragraph 3B insert—
In paragraph 5(2) (provision as to evidence of age or nationality which may be required), after “required” insert “ by the Chief Electoral Officer for Northern Ireland ”.
After paragraph 5A insert—
...
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Representation of the People Act 2000 (c. 2)
In Schedule 1 to the Representation of the People Act 2000 (registration: amendments of Representation of the People Act 1983), omit paragraph 12(3) and (4).
Electoral Administration Act 2006 (c. 22)
In Schedule 1 to the Electoral Administration Act 2006 (amendments), omit paragraphs 4(2), 5 and 6(2).
Political Parties and Elections Act 2009 (c. 12)
In the Political Parties and Elections Act 2009 the following are repealed—
section 23(1) (which inserted section 13BB of the Representation of the People Act 1983);
sections 30 to 34 (electoral registration: provision of identifying information);
sections 35 and 36 (data schemes);
section 37 (interpretation).
Transitional provision to do with Part 1
Introduction
Applications for registration etc made before commencement
The amendments made by Part 1 of this Act do not apply in relation to an application made before the commencement date (even if it is determined later).
Meaning of “commencement date”
Meaning of “new application for registration” and “successful” new application
For the purposes of this Schedule, a person (“P”) makes a “new application for registration” in a register maintained by a registration officer in Great Britain if—
an application for registration in the register under section 10ZC of the Representation of the People Act 1983 is made in respect of P, or
an application for alteration of the register under section 10ZD of that Act is made in respect of P.
For the purposes of this Schedule, a new application for registration is “successful”—
in the case of an application within sub-paragraph (1)(a), if the officer determines that P is to be entered in the register (or that P would be entered in the register had P not already been registered);
in the case of an application within sub-paragraph (1)(b), if the officer determines that P's entry in the register is to be altered.
Checking of old entries and meaning of “confirmation” of entitlement to remain registered
The Minister may by order require a registration officer in Great Britain to take specified steps to check whether each person who has an entry in a register maintained by the officer is entitled to remain registered.
For the purposes of this Schedule a person's entitlement to remain registered has been “confirmed” if, having taken steps in accordance with an order under sub-paragraph (1), the registration officer is satisfied that there is evidence of a kind specified in the order to support the person's entitlement to be registered.
An order under this paragraph may make further provision about checking or confirming a person's entitlement to remain registered, including—
provision of the kind mentioned in paragraph 1A or 13(1ZB) to (1ZD) of Schedule 2 to the Representation of the People Act 1983 (inserted by Schedule 2 to this Act);
provision requiring a registration officer to have regard to guidance given by the Minister (including guidance of the kind mentioned in section 1(4));
provision requiring a registration officer who has confirmed a person's entitlement, to notify that person in a specified manner and within a specified period;
provision requiring the notification to be accompanied by, or combined with, other documents.
Subsections (5) to (8) of section 53 of the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) apply in relation to an order containing provision of the kind mentioned in sub-paragraph (3)(a) above as they apply in relation to the regulations mentioned in subsection (5) of that section.
Nothing in this paragraph requires a registration officer to take steps to check the entitlement of a person to remain registered in a register if—
the person's entry in the register was carried forward on the conclusion of the final old canvass (see paragraph 5(2)),
the person has made a successful new application for registration in the register, or
the person is a relevant person for the purposes of Part 5 or 6 of this Schedule.
Removal of existing registrations by end of the third new canvass
Removal of certain existing registrations after the first new canvass
A registration officer in Great Britain must, immediately before the publication of a register following the first new canvass, remove the entry of a person (“P”) if—
P's entry was carried forward on the conclusion of the final old canvass,
P has not made a new application for registration in the register, and
at the first new canvass, no canvass form has been completed and returned in respect of P and the address to which the entry relates.
For the purposes of sub-paragraph (1), P's entry on the register was carried forward on the conclusion of the final old canvass if—
P's entitlement to remain registered in the register terminated on the conclusion of the final old canvass by virtue of section 10A(5)(a) of the Representation of the People Act 1983, but
in accordance with regulations under section 10A(7) of that Act, P's entry was not removed from the register.
In this paragraph “the final old canvass” means the final canvass under section 10(1) of the Representation of the People Act 1983.
Removal of existing registrations after the third new canvass
A registration officer in Great Britain must, immediately before the publication of a register following the third new canvass, remove the entry of any person who has neither—
had his or her entitlement to remain registered confirmed, nor
made a successful new application for registration in the register.
This Part not to apply to persons within Part 5 or 6 below
In this Part of this Schedule, references to a person who has an entry in a register do not include a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
Encouraging new applications
Registration officers to invite applications in year of first new canvass from those with existing registrations
A registration officer in Great Britain must, within a prescribed period, give an invitation to make a new application for registration in a register maintained by the officer to each person who—
has an entry in the register but has not had his or her entitlement to remain registered confirmed, and
has not made a new application for registration.
But the officer need not give an invitation at a time when the officer has reason to believe, from records available to the officer, that the person is no longer resident at the address to which the entry relates.
The period prescribed for the purposes of this paragraph must begin in the year in which the first new canvass begins.
Powers to delay canvasses and timing of canvasses
The Minister may by order—
postpone any canvass to be conducted under section 10(1) of the Representation of the People Act 1983;
make provision about the period during which canvass forms to be used for the purpose of such a canvass are to be given.
The Minister may by order postpone the first new canvass.
Any canvass forms to be used by a registration officer for the purpose of the first new canvass must be given within the period prescribed for the purposes of paragraph 8.
The Minister may by order make provision about the period during which any canvass forms to be used for the purpose of the second new canvass are to be given.
A registration officer is not required, before the commencement date, to do anything for the purpose of conducting any canvass under section 10(1) of the Representation of the People Act 1983 by reference to residence on the 15 October after the commencement date.
An order under sub-paragraph (1) or (2) postponing a canvass must specify the period during which it is to be conducted; and the period must not end later than the 1 April after it begins.
An order under sub-paragraph (1) or (2) postponing a canvass does not postpone or remove a duty to conduct any other canvass.
Canvass forms need not be supplied to addresses to which invitations supplied
At the first new canvass, a registration officer is not required to supply a canvass form to an address if the officer thinks that it is unnecessary to do so and—
the officer has given a person an invitation under paragraph 8 in respect of the address,
the officer has given a person an invitation under section 9E of the Representation of the People Act 1983 in respect of the address, or
a person is registered in respect of the address in a register maintained by the officer and the person's entitlement to remain registered in the register has been confirmed.
In deciding whether it is necessary to supply a canvass form to an address the registration officer must, in particular, consider whether supplying the canvass form is likely to result in the officer finding out about people residing at the address whom the officer might not otherwise find out about.
Registration officers to invite applications in year of second new canvass from those with existing registrations
A registration officer in Great Britain must, on or as soon as reasonably practicable after the relevant date, give a person an invitation to make a new application for registration in a register maintained by the officer if the person—
has an entry in the register but has not had his or her entitlement to remain registered confirmed, and
has not made a successful new application for registration in the register.
“The relevant date” means whichever of the following comes first—
the date on which, at the second new canvass, a canvass form is completed and returned in respect of the address to which the person's entry in the register relates;
the date on which it appears to the officer that, at the second new canvass, no canvass form will be completed and returned in respect of that address;
31 October in the year of the second new canvass.
But the officer need not give an invitation at a time when—
the officer has reason to believe, from records available to the officer, that the person is no longer resident at that address, or
the person has made a new application for registration which has not been determined.
Invitations under paragraph 8 or 11 and power to require application following invitation
The Minister may by order make provision in connection with invitations under paragraph 8 or 11, including provision of the kind mentioned in—
section 9E(2) and (3) of the Representation of the People Act 1983, or
paragraph 3C(2) of Schedule 2 to that Act.
A registration officer who gives a person an invitation under paragraph 8 or 11 may subsequently require the person to make an application for registration by a specified date.
A requirement under sub-paragraph (1) is of no effect if the person is not entitled to be registered.
The Minister may by order make provision of the kind mentioned in section 9E(6) of the Representation of the People Act 1983 in connection with requirements under sub-paragraph (1).
A registration officer may impose a civil penalty on a person who fails to comply with a requirement imposed by the officer under sub-paragraph (1).
The Minister—
must by order make provision of the kind mentioned in paragraphs 2 and 3 of Schedule ZA1 to the Representation of the People Act 1983 in connection with a civil penalty under sub-paragraph (4), and
may by order make any other provision of the kind mentioned in that Schedule in connection with a civil penalty under that sub-paragraph.
A civil penalty under sub-paragraph (4) received by a registration officer is to be paid into the Consolidated Fund.
Power to require additional information on poll cards at 2014 European Parliamentary election
Regulations under section 7(1) of the European Parliamentary Elections Act 2002 may include provision for the purpose of requiring a poll card to be used at the 2014 European Parliamentary general election to include information relating to changes made by Part 1 of this Act.
Certain provisions of this Part not to apply to persons within Part 5 or 6 below
In this Part of this Schedule, references to a person who has an entry in a register do not include a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
Absent voting
Applicant for absent vote must have made successful new application for registration or had registration confirmed
For the purposes of an absent voting application made on or after the commencement date, a person is to be regarded as registered in a register in Great Britain only if the person—
was registered in the register immediately before the commencement date and has had his or her entitlement to remain registered confirmed, or
has made a successful new application for registration.
“Absent voting application” means an application under paragraph 3(1) or (2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.
This paragraph does not apply in relation to a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
Entitlement to absent vote ceases after first new canvass if no successful new application for registration or confirmation of registration
Sub-paragraph (2) applies if, on the day on which a registration officer in Great Britain publishes a register following the first new canvass—
a person is shown in the absent voters' record as the result of an application made in reliance on the person's registration in the register, and
the person was registered in the register immediately before the commencement date and has not had his or her entitlement to remain registered confirmed or made a successful new application for registration in the register.
The officer must remove the person's entry from the absent voters' record so far as the entry concerns elections of the kind to which the register relates.
“Absent voters' record” means the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000.
Sub-paragraph (5) applies if, on the day on which a registration officer in Great Britain publishes a register following the first new canvass—
a person is shown in an absent voters' list as the result of an application made in reliance on the person's registration in the register, and
the person was registered in the register immediately before the commencement date and has not had his or her entitlement to remain registered confirmed or made a successful new application for registration in the register.
The officer must remove the person's entry from the absent voters' list.
“Absent voters' list” means the list mentioned in paragraph 5(2) or (3) of Schedule 4 to the Representation of the People Act 2000.
If a registration officer removes a person's entry from an absent voters' record or list, the officer must—
notify the person in the prescribed manner, and
take any other prescribed steps.
This paragraph does not apply in relation to a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
Proxies to have made successful new application for registration or had registration confirmed
was registered in the register immediately before the commencement date and has had his or her entitlement to remain registered confirmed, or
has made a successful new application for registration.
Proxy for existing absent voter need not have made successful new application for registration or had registration confirmed until after first new canvass
The amendment made by section 3 (read with paragraph 18 above) does not apply in relation to a proxy appointment for an existing absent voter (or the proxy's entitlement to vote) until the registration officer who made the appointment publishes the relevant register following the first new canvass.
In this paragraph—
“proxy appointment” means an appointment of a person as proxy under paragraph 6(7) or (8) of Schedule 4 to the Representation of the People Act 2000 (whether made before, on or after the commencement date);
“existing absent voter”, in relation to a proxy appointment, means a person whose absent voting application was made before the commencement date;
“absent voting application” means the application under paragraph 3(2) or 4(2) or (3) of Schedule 4 to the Representation of the People Act 2000 by virtue of which the proxy appointment is made;
“relevant register” means the register in which the existing absent voter is registered and which relates to elections of the same kind as those to which the proxy appointment relates.
If a proxy appointment ceases to be in force because sub-paragraph (1) ceases to preserve it, the officer must—
notify the proxy and the existing absent voter in the prescribed manner, and
take any other prescribed steps.
This paragraph does not apply in relation to an existing absent voter who is a relevant person for the purposes of Part 5 or 6 of this Schedule.
Persons with existing registrations by virtue of declarations etc
Meaning of “relevant person”
In this Part of this Schedule “relevant person” means a person who falls within sub-paragraph (2) or (3).
A person falls within this sub-paragraph if the person—
is for the time being registered in a register in pursuance of a declaration of local connection, a service declaration or an overseas elector's declaration, and
has been registered in pursuance of a declaration of that kind since immediately before the commencement date.
A person falls within this sub-paragraph if the person—
has for the time being an anonymous entry in a register, and
has had such an entry since immediately before the commencement date.
Relevant person's first renewal of registration after 3-month transitional period: successful new application required
On the first occasion after the transitional period on which a relevant person's entry in a register comes up for renewal, the person is not entitled to remain registered unless the person has made a successful new application for registration (in addition to complying with any other requirements).
“Transitional period” means the period of 3 months beginning with the commencement date.
For the purposes of this paragraph, a relevant person's entry in a register comes up for renewal when an event mentioned in the applicable provision occurs in relation to that entry.
“The applicable provision” means—(as applicable).
section 7C(2) or 15(2) of the Representation of the People Act 1983 or section 2(2) of the Representation of the People Act 1985, or
section 9C(1) of the Representation of the People Act 1983;
Application for absent vote before first renewal of registration after 3-month transitional period: relevant person need not have made successful new application for registration
An absent voting application made by a relevant person on or after the commencement date is not to be refused merely because the person has not made a successful new application for registration (but see paragraph 21).
“Absent voting application” means an application under paragraph 3(1) or (2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.
Proxy for relevant person need not have made successful new application for registration until relevant person's first successful new application for registration
The amendment made by section 3 of this Act (read with paragraph 18 above) does not apply in relation to a proxy appointment for a relevant person (or the proxy's entitlement to vote) until the first occasion on which the relevant person makes a successful new application for registration in the relevant register.
In this paragraph—
“proxy appointment” means an appointment of a person as proxy under paragraph 6(7) or (8) of Schedule 4 to the Representation of the People Act 2000 (whether made before, on or after the commencement date);
“relevant register” means the register which relates to elections of the same kind as those to which the proxy appointment relates.
If a proxy appointment ceases to be in force because sub-paragraph (1) ceases to preserve it, the officer must—
notify the proxy and the relevant person in the prescribed manner, and
take any other prescribed steps.
Persons with existing registrations by virtue of section 7(2) or 7A(2) of the Representation of the People Act 1983
Meaning of “relevant person”
In this Part of this Schedule “relevant person” means a person who—
is for the time being registered in a register by virtue of an application made under section 7(2) or 7A(2) of the Representation of the People Act 1983, and
has been registered by virtue of an application of that kind since immediately before the commencement date.
Amendments not to apply to application made by relevant person before first renewal of registration after 3-month transitional period
The amendments made by Part 1 of this Act do not apply to an application made by a relevant person by virtue of section 7(4) or 7A(4) of the Representation of the People Act 1983 in relation to a case where the person's entry in a register comes up for renewal during the transitional period.
“Transitional period” means the period of 3 months beginning with the commencement date.
For the purposes of this paragraph, a relevant person's entry in a register comes up for renewal when an event mentioned in section 7(3) or 7A(3) of the Representation of the People Act 1983 occurs in relation to that entry.
Application for absent vote before first renewal of registration after 3-month transitional period: relevant person need not have made successful new application for registration
An absent voting application made by a relevant person on or after the commencement date is not to be refused merely because the person has not made a successful new application for registration (but see paragraph 25).
“Absent voting application” means an application under paragraph 3(1) or (2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.
Proxy for relevant person need not have made successful new application for registration until relevant person's first successful new application for registration
The amendment made by section 3 of this Act (read with paragraph 18 above) does not apply in relation to a proxy appointment for a relevant person (or the proxy's entitlement to vote) until the first occasion on which the relevant person makes a successful new application for registration in the relevant register.
In this paragraph—
“proxy appointment” means an appointment of a person as proxy under paragraph 6(7) or (8) of Schedule 4 to the Representation of the People Act 2000 (whether made before, on or after the commencement date);
“relevant register” means the register which relates to elections of the same kind as those to which the proxy appointment relates.
If a proxy appointment ceases to be in force because sub-paragraph (1) ceases to preserve it, the officer must—
notify the proxy and the relevant person in the prescribed manner, and
take any other prescribed steps.
Supplementary
Power to bring forward effect of paragraph 6
The Minister may by order provide for paragraph 6 to have effect as if the reference to the third new canvass were a reference to the second new canvass.
An order under sub-paragraph (1) may be made only in the period of 3 months beginning with 1 June in the year in which the second new canvass begins.
A statutory instrument containing provision under sub-paragraph (1) only is subject to annulment in pursuance of a resolution of either House of Parliament (and section 11(2) does not apply to it).
Power to make supplementary provision
The Minister may by order make provision for supplementing, or provision incidental to, the provision made by this Schedule.
Interpretation of this Schedule
In this Schedule—“the first new canvass” means the first canvass under section 9D of the Representation of the People Act 1983;“prescribed” means prescribed by order made by the Minister;“the second new canvass” means the second canvass under section 9D of the Representation of the People Act 1983;“the third new canvass” means the third canvass under section 9D of the Representation of the People Act 1983.
In this Schedule references to publication of a register are to publication of the revised version of the register under section 13(1)(a) of the Representation of the People Act 1983.
In this Schedule—
references to a person who is registered in a register immediately before the commencement date include a person who becomes registered in the register on or after that date as the result of an application made before that date;
references to a person who has an anonymous entry in a register immediately before the commencement date include a person whose anonymous entry is made in the register on or after that date as the result of an application made before that date.
For the purposes of this Schedule a document may be given to a person—
by delivering it to the person,
by leaving it at the person's address, or
by sending it to the person by post.
The Representation of the People Act 1983 and this Schedule are to have effect as if this Schedule were contained in Part 1 of that Act.
References in an enactment other than one contained in this Schedule or the Representation of the People Act 1983 to Part 1 of that Act include a reference to this Schedule.