The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023
Draft 2023, ISBN 9780348251517
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
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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
- f3
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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
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2004 c. 5. Section 38A was inserted by paragraph 7 of Schedule 9 to the Localism Act 2011.
- f5
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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
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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
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2009 c. 20. Schedule 5B was inserted by Schedule 1 to the Cities and Local Government Devolution Act 2016 (c. 1).
- f8
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1993 c. 38. See section 27(4)(b) for the definition of “the appropriate Minister”.
- f9
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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
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2015 c. 25. See section 22 (as amended by S.I. 2016/997) for the definition of “the Minister”.
- f11
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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
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Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011.
- f13
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Section 117(2) was substituted by section 13(2) of the Localism Act 2011.
Contents
- 1Citation, commencement, savings and extent
- 2The Representation of the People (England and Wales) Regulations 2001
- 3The Representation of the People (Scotland) Regulations 2001
- 4The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
- 5The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
- 6The Local Authorities (Conduct of Referendums) (England) Regulations 2012
- 7The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
- 8The Police and Crime Commissioner Elections Order 2012
- 9The Neighbourhood Planning (Referendums) Regulations 2012
- 10The Recall of MPs Act 2015 (Recall Petition) Regulations 2016
- 11The Combined Authorities (Mayoral Elections) Order 2017
- 12The Police and Crime Commissioner Elections (Welsh Forms) Order 2021
- Signature
- Schedule 1Representation of the People (England and Wales) Regulations 2001 forms
- Schedule 2Representation of the People (Scotland) Regulations 2001 forms
- Schedule 3: Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 forms
- 1Mayoral elections in England: standalone poll
- 2Mayoral elections in England: combined polls
- Schedule 4: Local Authorities (Conduct of Referendums) (England) Regulations 2012 forms
- 1Local Government Act referendums: standalone poll
- 2Local Government Act referendums: combined poll
- Schedule 5: Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 forms
- 1Local Government Finance Act referendums: standalone poll
- 2Local Government Finance Act referendums: combined polls
- Schedule 6: Police and Crime Commissioner Elections Order 2012 forms
- 1Part 1
- 2Part 2
- Schedule 7: Neighbourhood Planning (Referendums) Regulations 2012 forms
- 1Neighbourhood planning referendums: standalone poll
- 2Neighbourhood planning referendums: combined polls
- 3Neighbourhood planning business referendums
- Schedule 8: Recall of MPs Act 2015 (Recall Petition) Regulations 2016 forms
- 1Forms for recall petitions in Great Britain
- 2Forms for recall petitions in Northern Ireland
- Schedule 9: Combined Authorities (Mayoral Elections) Order 2017 forms
- 1Combined authority mayoral elections: standalone poll
- 2Combined authority mayoral elections: combined poll
- Schedule 10Police and Crime Commissioner Elections (Welsh Forms) Order 2021 forms
- Explanatory note