Representation of the People (England and Wales)(Amendment) Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/1871

2002 No. 1871

REPRESENTATION OF THE PEOPLE

The Representation of the People (England and Wales)(Amendment) Regulations 2002

Made 18th July 2002

Coming into force in accordance with regulation 2

The Secretary of State, having consulted the Electoral Commission in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 20001about these Regulations; in exercise of the powers conferred on him by—

(a) sections 532and 201(1) and (3)3of, rule 244of Schedule 1 and paragraphs 10 to 135of Schedule 2 to, the Representation of the People Act 19836; and

(b) having regard to the definition of “prescribed” in section 202(1) of that Act, sections 10(4), 10A(1), 13A(1) and (2) and 13B(3) of that Act7;

hereby makes the following Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament:

S-1 Citation, interpretation and extent

Citation, interpretation and extent

1.—(1) These Regulations may be cited as the Representation of the People (England and Wales) (Amendment) Regulations 2002.

(2) In these Regulations, “the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 20018.

(3) These Regulations do not extend to Scotland or Northern Ireland.

S-2 Commencement

Commencement

2.—(1) Regulation 1, this regulation, regulation 4 (together with the Schedule) and regulations 5(1), (2), and (5), 7, 8 and 12 to 14 shall come into force on the expiry of the period of 14 days beginning with the day on which these Regulations were made.

(2) Subject to paragraph (3) below, regulations 3, 5(3) and (4), 6, 9 to 11 and 15 shall come into force on 16th October 2002.

(3) Where, in any registration area, the revised version of the register of electors has not been published under section 13(1) of the Representation of the People Act 19839on or before 16th October 2002, the provisions to which paragraph (2) refers shall not have effect in relation to the register for that area until the day following the day on which the revised version of the register is so published.

S-3 Revocations

Revocations

3.—(1) Regulations 46 to 49 of the 2001 Regulations and regulation 4 of the Representation of the People (England and Wales) (Amendment) Regulations 200110are hereby revoked.

(2) The Representation of the People (Form of Canvass) (England and Wales) Regulations 200111are hereby revoked.

S-4 Prescribed forms

Prescribed forms

4. The form in Part 1 of the Schedule to these Regulations is hereby prescribed for the purposes of section 10(4) of the Representation of the People Act 198312(form of annual canvass).

S-5 Amendment of interpretation provisions

Amendment of interpretation provisions

5.—(1) Regulation 3(1) of the 2001 Regulations (interpretation) is amended as follows.

(2) For the definition of “candidate” substitute—

““candidate” has the same meaning as in section 118A of the 1983 Act13”.

(3) Before the definition of “European Parliamentary overseas elector” insert—

““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;

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

(4) After the definition of “European Parliamentary overseas elector’s declaration” insert—

““full register” has the meaning given in regulation 93(1) below;”.

(5) After the definition of “register” insert—

““registration area” means the area for which a registration officer acts;”.

S-6 Amendment of provision about copies

Amendment of provision about copies

6.—(1) Regulation 7 of the 2001 Regulations (copies of documents) shall become paragraph (1) of regulation 7.

(2) After that paragraph insert—

S-2

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

S-3

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.

S-4

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.

S-5

5 In this regulation “full register” includes—

(a) any part of it; and

(b) any notice published under section 13A(2) or 13B(3) of the 1983 Act14altering the register.”

S-7 Amendment of provision about inspection of election returns

Amendment of provision about inspection of election returns

7. In regulation 10 of the 2001 Regulations (return and declaration of election expenses)—

(a) omit paragraph (2); and

(b) in paragraph (3) for “document” substitute “any accompanying document”.

S-8 Amendment of provision about applications

Amendment of provision about applications

8.—(1) Regulation 26 of the 2001 Regulations (applications for registration) is amended as follows.

(2) In paragraph (1) for “shall state” substitute “(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act, state”.

(3) For paragraph (1)(g), substitute—

“(g)

“(g) in the case of an applicant who wishes his name and address to be omitted from the edited version of the register, that request.”

(4) In paragraph (2) for the word “application”, in the first place where it occurs, substitute “declaration”.

(5) In paragraph (3) for “under this regulation” substitute “for registration”.

(6) After paragraph (5) insert—

S-6

“6 Where the registration officer provides the form on which an application for registration is made, the form of words in Part II of the Schedule to the Representation of the People (England and Wales) (Amendment) Regulations 2002 or a form of words to the same effect, must form part of the application form.

S-7

7 Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must, on or before the determination of the application, send to the applicant the form of words referred to in paragraph (6) above and must, at the same time, inform the applicant, in writing, that he may, before the end of the period of 21 days, starting with the day on which the officer sends that form of words to the applicant, make a request, in writing, to the registration officer that he wishes his name and address to be excluded from the edited version of the register.

S-8

8 Where an applicant does not reply to the registration officer within the period of 21 days mentioned in paragraph (7), the registration officer shall assume that the applicant does not request that his name and address be excluded from the edited version of the register.

S-9

9 Where an applicant does reply to the registration officer within the period of 21 days mentioned in paragraph (7) and in his response requests that his name and address be excluded from the edited version register, that request shall be treated as part of the application for registration.”

S-9 Amendment of provision about notices

Amendment of provision about notices

9. For regulation 36(2)(a) of the 2001 Regulations (issue of notices in connection with registration) substitute—

“(a)

“(a) making a copy of it available for inspection under supervision—

(i) at his office, and

(ii) at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose;

(aa) supplying copies of it in accordance with Part VI of these Regulations;”.

S-10 Manner of publication of register

Manner of publication of register

10. For regulation 43(1) of the 2001 Regulations (publication of register) substitute—

S-1

“1 The manner in which each revised version of the full register is to be published under section 13(1) and (3) of the 1983 Act is by the registration officer—

(a) making a copy of it available for inspection under supervision—

(i) at his office, and

(ii) at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose; and

(b) supplying copies of it in accordance with Part VI of these Regulations.

S-1A

1A Where a copy of the full register is made available pursuant to paragraph (1)(a) above by providing the register on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other, means.”

S-11 Manner of publication of list of overseas electors

Manner of publication of list of overseas electors

11. In regulation 45(3) of the 2001 Regulations (publication of the list of overseas electors) after “inspection” insert “under supervision”.

S-12 Procedure on issue of postal ballot papers

Procedure on issue of postal ballot papers

12. At the end of regulation 72 of the 2001 Regulations (procedure on issue of postal ballot papers) insert—

S-7

“7 The address to which the postal ballot paper, declaration of identity and the envelopes referred to in regulation 74 below are to be sent is—

(a) in the case of an elector, the address shown in the absent voters list;

(b) in the case of a proxy, the address shown in the special list kept under paragraph 7(8) of Schedule 4 to the 2001 Act.”

S-13 Spoilt postal ballot papers

Spoilt postal ballot papers

13.—(1) Regulation 77 (spoilt postal ballot papers) of the 2001 Regulations is amended as follows.

(2) In paragraph (1) for the words from “, the declaration” to the end substitute “and the declaration of identity”.

(3) In paragraph (5) for “the declaration of identity and the ballot paper envelope” substitute “and the declaration of identity”.

S-14 Declarations of identity

Declarations of identity

14. For paragraphs (5) to (7) of regulation 85 of the 2001 Regulations...

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