The Representation of the People (Amendment) Regulations 2009

Publication Date:January 01, 2009
 
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2009No. 725

REPRESENTATION OF THE PEOPLE

The Representation of the People (Amendment) Regulations 2009

16thMarch2009

These Regulations are made in exercise of powers in sections 9B(1)(c) and 53(3) of, and paragraphs 5(1B), 10B(1) and (2) and 11(1)(b) and (2) of Schedule 2 to, the Representation of the People Act 1983 1, having regard to the definition of "prescribed" in section 202(1) of that Act, and section 3(5) to (7) of the Representation of the People Act 1985 2.

The Secretary of State has consulted the Electoral Commission about these Regulations in accordance with section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000 3.

In accordance with section 201(2) of the Representation of the People Act 1983 4, a draft of these Regulations has been laid before and approved by resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Regulations:

Citation, commencement, interpretation and extent

1.-

(1) These Regulations may be cited as the Representation of the People (Amendment) Regulations 2009 and shall come into force on the day after the day on which they are made.

(2) In these Regulations-

"the 2001 Regulations" means the Representation of the People (England and Wales) Regulations 2001 5;

"the 2001 Scotland Regulations" means the Representation of the People (Scotland) Regulations 2001 6.

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

Amendment of the 2001 Regulations

2.The 2001 Regulations are amended as follows.

Registration of European Parliamentary overseas electors in England and Wales

3.In regulation 13 (registration of European Parliamentary overseas electors) for paragraph (6) substitute-

(6) The regulations which are set out in column 1 of Schedule 4A to these Regulations shall, subject to-

(a) any modifications specified in relation to those provisions in column 2 of that Schedule, and(b) paragraph (7) below,

apply to a European Parliamentary overseas elector's declaration and registration in pursuance of it as they apply to an overseas elector's declaration and registration in pursuance of it.

4.-

(1) Part I of Schedule 4 (application with modifications of provisions of the 1983 Act for registration of European Parliamentary overseas electors) is amended as follows.

(2) In the entry in column 2 relating to section 9 7 (register of electors) insert in the appropriate place "In subsection (2) omit "Subject to section 9B(3) below,".".

(3) After the entry in column 1 relating to section 9 (register of electors) insert 8"Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)".

(4) In the entry in column 2 relating to section 10A (maintenance of registers: registration of electors) insert-

In subsection (3) after "register in question" insert 9"or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002".In subsection (4) for "Subsections (1) and (3) above" substitute "Subsections (1)(a) and (3) above".In subsection (4) omit paragraph (b).In subsection (9) omit the definition of "resident"..

(5) In the entry in column 2 relating to section 13A 10 (alteration of registers) insert-

In subsection (1)(b) for "by virtue of any provision of this Part of this Act" substitute "by virtue of any provision of the Representation of the People Act 1985".In subsection (1)(c) omit "or 58".In subsection (2)(b) for "sections 13B(1) and 13BA(1)" substitute "section 13B(1)".For subsection (3) substitute:

(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued-

(a) at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or(b) at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,

and in such a case the alteration in question shall be made in those revised versions of the registers.

In subsection (4) omit "or 13BA(3), (6) or (9)".In subsection (5) omit "or 13BA".In subsection (6) omit from "; and section 119 below shall apply" to the end.

(6) In the entry in column 2 relating to section 13B 11 (alteration of registers: pending elections) insert in the appropriate place "Omit subsection (6).".

(7) For the entry in column 2 relating to section 56 12 (registration appeals: England and Wales) substitute-

In subsection (1) for paragraph (aa) substitute:

(aa) from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector's declaration was not entitled to be registered..

In subsection (1) omit paragraphs (ab) and (b).

5.After Schedule 4 insert-

SCHEDULE 4A

Regulation 13

APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1

Regulation applied

2

Modification

Regulation 3 13

In paragraph (1) omit the definition of "certificate of anonymous registration".

Regulation 5 14

Regulation 6

Regulation 7 15

Regulation 8 16

Regulation 11

Regulation 18

In paragraphs (4), (5) and (7) after "regulation 13(6) above" insert "and Schedule 4A to these Regulations" and for "modifications made by that regulation" substitute "modifications made by that Schedule".

Regulation 19

In paragraph (1) after "regulation 13(6) above" insert "and Schedule 4A to these Regulations" and for "modifications made by that regulation" substitute "modifications made by that Schedule".

Regulation 20 17

In paragraph (1) after "regulation 13(6) above" insert "and Schedule 4A to these Regulations" and for "modifications made by that regulation" substitute "modifications made by that Schedule".

Regulation 21

Regulation 22

In paragraph (3) after "regulation 13(6) above" insert "and Schedule 4A to these Regulations" and for "modifications made by that regulation" substitute "modifications made by that Schedule".

Regulation 23 18

Regulation 24

Omit paragraph (4A).

Regulation 25 19

Regulation 27 20

Regulation 28

Omit paragraph (2).

Regulation 29

Omit paragraphs (2B) and (4A).

In paragraph (4) omit "Subject to paragraph (4A),".

Regulation 30

Regulation 31

Regulation 31A 21

Regulation 31B

In paragraph (1) for "regulations 31C to 31F" substitute "regulations 31D to 31F".

For paragraph (2) substitute:

(2) The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.

Regulation 31D

Omit paragraph (3).

In paragraphs (5) and (8) omit "or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.".

Regulation 31E

In paragraph (2) omit sub-paragraph (c).

Omit paragraph (4).

Regulation 31F

In paragraph (6) omit "or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act,".

Regulation 32 22

In paragraph (1) for sub-paragraph (b) substitute:

(b) under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;

In paragraph (1) omit sub-paragraph (c).

Regulation 36(2) and (3) 23

In sub-paragraph (2)(b) omit "except in a case falling within regulation 31C(2)(d) above,".

Regulation 38

Regulation 39

Regulation 40

For paragraph (1) substitute:

(1) Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector's declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.

Omit paragraphs (2) and (3).

Regulation 41

Regulation 42 24

Regulation 43 25

In paragraph (1) omit "and (3)".

Regulation 45

In paragraph (4) after "regulation 13(6) above" insert "and Schedule 4A to these Regulations".

Evidence in support of application for anonymous registration in England and Wales

6.In regulation 31I(3) (anonymous registration: evidence consisting of relevant court orders or injunctions) 26 after sub-paragraph (g) insert-

;

(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 27;(i) a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997 28;(j) a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997 29;(k) a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 30..

7.In regulation 31J(4) (anonymous registration: evidence by attestation)-

(a) in sub-paragraph (a) for "the chief officer of police" substitute "a police officer of or above the rank of superintendent";(b) in sub-paragraph (b) for "the chief constable" substitute "a police officer of or above the rank of superintendent";(c) in sub-paragraph (c) for "the Chief Constable" substitute "a police officer of or above the rank of superintendent"; and(d) for sub-paragraphs (f) to (h) substitute-

;

(f) any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social...

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