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The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2023, ISBN 9780348251517

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983, section 333(3A) of the Town and Country Planning Act 1990, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011 and section 21(6) of the Recall of MPs Act 2015, for approval by resolution of each House of Parliament.

Council Tax, England

Local Government, England

Police, England And Wales

Representation Of The People

Town And Country Planning, England

Made ***

Coming into force in accordance with regulation 1(2)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 53(1)(c) and 201(3) of, and rules 24(1)(b) and 28(3) of Schedule 1 and paragraph 12ZA(2), (3), (5), (6), (8), (9) and (11) of Schedule 2 to, the Representation of the People Act 1983f1, section 15(5) of the Representation of the People Act 1985f2, paragraph 16(1) of Schedule 4B to the Town and Country Planning Act 1990f3 (including as applied by section 38A(3) of the Planning and Compulsory Purchase Act 2004f4), sections 52ZQ(1) and (2) and 113(2) of the Local Government Finance Act 1992f5, sections 9HE(1)(a), 9MG(2) to (5) and 105(2)(a) of the Local Government Act 2000f6, section 114(1) of, and paragraph 12(1)(a) of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009f7, sections 58(1) and (5) (including as extended by section 26(3) of the Welsh Language Act 1993f8) and 154(5)(a) of the Police Reform and Social Responsibility Act 2011f9 and section 18(1) of the Recall of MPs Act 2015f10.

The Secretary of State has consulted the Electoral Commission in accordance with paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990, section 52ZQ(6) of the Local Government Finance Act 1992, section 9HE(4) of the Local Government Act 2000, section 7(1) and (2)(e), (hc) and (k) of the Political Parties, Elections and Referendums Act 2000f11 and paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983, section 333(3A) of the Town and Country Planning Act 1990f12, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009f13, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, and section 21(6) of the Recall of MPs Act 2015.

Annotations to the whole text

Footnotes

f1

1983 c. 2. Section 201(1) provides that the power to make provision by regulations under section 53(1)(c) is exercisable by the Secretary of State. Section 201(3) was inserted by paragraph 21 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41). See section 202(1) for the meaning of “prescribed” in rules 24(1)(b) and 28(3) of Schedule 1. Paragraph 12ZA of Schedule 2 was inserted by section 5(5) of the Elections Act 2022 (c. 37).

f2

1985 c. 50.

f3

1990 c. 8. Schedule 4B was inserted by Schedule 10 to the Localism Act 2011 (c. 20) and paragraph 16 was amended by S.I. 2013/2597, 2021/1265.

f4

2004 c. 5. Section 38A was inserted by paragraph 7 of Schedule 9 to the Localism Act 2011.

f5

1992 c. 22. Section 52ZQ was inserted by Schedule 5 to the Localism Act 2011 (c. 20) and amended by S.I. 2021/1265. Section 113(1) and (2) was amended by paragraph 9 of Schedule 1 to the Local Government Act 1999 (c. 27), by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26), by section 80 of the Localism Act 2011 and by S.I. 2013/2597. 2015/1376, 2016/997, 2021/1265.

f6

2000 c. 22. Sections 9HE and 9MG were inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and were amended by S.I. 2013/2597, 2021/1265. Section 105 was amended by paragraph 14(1) and (2) of Schedule 3 to the Local Government Act 2003, by paragraph 70 of Schedule 3, and paragraph 52 of Schedule 4, to the Localism Act 2011 and by S.I. 2013/2597, 2018/644, 2021/1265.

f7

2009 c. 20. Schedule 5B was inserted by Schedule 1 to the Cities and Local Government Devolution Act 2016 (c. 1).

f8

1993 c. 38. See section 27(4)(b) for the definition of “the appropriate Minister”.

f9

2011 c. 13. Section 58(1) was amended by S.I. 2021/1265, and section 58(5) was amended by S.I. 2015/1526, 2021/1265. Section 154(5) was amended by S.I. 2014/268, 2021/1265.

f10

2015 c. 25. See section 22 (as amended by S.I. 2016/997) for the definition of “the Minister”.

f11

2000 c. 41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011. Section 7(2)(k) was inserted by paragraph 3(1) and (6) of Schedule 6 to the Recall of MPs Act 2015.

f12

Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011.

f13

Section 117(2) was substituted by section 13(2) of the Localism Act 2011.

Contents

  1. 1Citation, commencement, savings and extent
  2. 2The Representation of the People (England and Wales) Regulations 2001
  3. 3The Representation of the People (Scotland) Regulations 2001
  4. 4The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  5. 5The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  6. 6The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  7. 7The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
  8. 8The Police and Crime Commissioner Elections Order 2012
  9. 9The Neighbourhood Planning (Referendums) Regulations 2012
  10. 10The Recall of MPs Act 2015 (Recall Petition) Regulations 2016
  11. 11The Combined Authorities (Mayoral Elections) Order 2017
  12. 12The Police and Crime Commissioner Elections (Welsh Forms) Order 2021
  13. Signature
  14. Schedule 1Representation of the People (England and Wales) Regulations 2001 forms
  15. Schedule 2Representation of the People (Scotland) Regulations 2001 forms
  16. Schedule 3: Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 forms
  17. 1Mayoral elections in England: standalone poll
  18. 2Mayoral elections in England: combined polls
  19. Schedule 4: Local Authorities (Conduct of Referendums) (England) Regulations 2012 forms
  20. 1Local Government Act referendums: standalone poll
  21. 2Local Government Act referendums: combined poll
  22. Schedule 5: Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 forms
  23. 1Local Government Finance Act referendums: standalone poll
  24. 2Local Government Finance Act referendums: combined polls
  25. Schedule 6: Police and Crime Commissioner Elections Order 2012 forms
  26. 1Part 1
  27. 2Part 2
  28. Schedule 7: Neighbourhood Planning (Referendums) Regulations 2012 forms
  29. 1Neighbourhood planning referendums: standalone poll
  30. 2Neighbourhood planning referendums: combined polls
  31. 3Neighbourhood planning business referendums
  32. Schedule 8: Recall of MPs Act 2015 (Recall Petition) Regulations 2016 forms
  33. 1Forms for recall petitions in Great Britain
  34. 2Forms for recall petitions in Northern Ireland
  35. Schedule 9: Combined Authorities (Mayoral Elections) Order 2017 forms
  36. 1Combined authority mayoral elections: standalone poll
  37. 2Combined authority mayoral elections: combined poll
  38. Schedule 10Police and Crime Commissioner Elections (Welsh Forms) Order 2021 forms
  39. Explanatory note