The Voter Identification (Amendment of List of Specified Documents) Regulations 2024
Draft 2024, ISBN 9780348264357
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, sections 18(8) and 21(6) of the Recall of MPs Act 2015 and section 252(5) of the Levelling-up and Regeneration Act 2023 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 ***
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 201(3) of, and rules 28(3) and 37(1Q)(a) and (c) of Schedule 1 to, the Representation of the People Act 1983f1, section 333(2B) of, and paragraph 16 of Schedule 4B to, the Town and Country Planning Act 1990f2 (including as applied by section 38A(3) of the Planning and Compulsory Purchase Act 2004f3), sections 52ZQ(1) and (2) and 113(2) of the Local Government Finance Act 1992f4, sections 9HE(1), 9MG(2) and (3) and 105(2) of the Local Government Act 2000f5, section 114(1) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009f6, section 58(1) (including as extended by section 26(3) of the Welsh Language Act 1993f7) and 154(5) of the Police Reform and Social Responsibility Act 2011f8, sections 18(1) and (2)(b) and 21(3)(a) of the Recall of MPs Act 2015f9 and section 252(1)(c) of, and paragraph 12 of Schedule 2 to, the Levelling-up and Regeneration Act 2023f10.
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, paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 and paragraph 12(4) of Schedule 2 to the Levelling-up and Regeneration Act 2023.
A draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983f12, section 333(3A) of the Town and Country Planning Act 1990f13, 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 2009f14, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, sections 18(8) and 21(6) of the Recall of MPs Act 2015 and section 252(4) of the Levelling-up and Regeneration Act 2023.
Annotations to the whole text
Footnotes
- f1
-
1983 c. 2. 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). Rule 28(3) was amended by paragraph 70(3) of Schedule 1 to the Electoral Administration Act 2006 (c. 22). Rule 37 was amended by paragraph 18 of Schedule 1 to the Elections Act 2022 (c. 37). See section 202(1) for the meaning of “prescribed” in rule 28(3).
- f2
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1990 c. 8. Section 333(2B) was inserted by section 130(1)(a) of the Levelling-up and Regeneration Act 2023 (c. 55). Schedule 4B was inserted by Schedule 10 to the Localism Act 2011 (c. 20). Paragraph 16 was amended by S.I. 2013/2597, 2021/1265.
- f3
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2004 c. 5. Section 38A was inserted by paragraph 7 of Schedule 9 to the Localism Act 2011 and was amended by section 140(3) of the Housing and Planning Act 2016 (c. 22), by sections 4(5) and 5(6) of the Neighbourhood Planning Act 2017 (c. 20) and by S.I. 2018/1232.
- f4
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1992 c. 14. Section 52ZQ was inserted by Schedule 5 to the Localism Act 2011 (c. 20) and amended by S.I. 2021/1265. Section 113(2) was amended by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26), by section 80(4) and (5) of the Localism Act 2011 and by S.I. 2013/2597, 2021/1265.
- f5
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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.
- f6
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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). Paragraph 12 was amended by S.I. 2021/1265.
- f7
- f8
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2011 c. 13. Section 58(1) was amended by S.I. 2021/1265. Section 154(5) was amended by S.I. 2014/268, 2021/1265.
- f9
- f10
- 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(6) of Schedule 6 to the Recall of MPs Act 2015.
- f12
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Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and was amended by paragraph 6(1) and (7)(b) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000, by section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), by paragraph 1(9)(a) of Schedule 8 to the Elections Act 2022 (c. 37) and by S.I. 1991/1728.
- f13
-
Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011.
- f14
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Section 117(2) was substituted by section 13(2) of the Localism Act 2011.
Contents
- 1Citation, commencement, extent and saving
- 2Amendment of the Representation of the People Act 1983
- 3Amendment of the Representation of the People (England and Wales) Regulations 2001
- 4Amendment of the Representation of the People (Scotland) Regulations 2001
- 5Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
- 6Amendment of the Local Authorities (Conduct of Referendums) (England) Regulations 2012
- 7Amendment of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
- 8Amendment of the Police and Crime Commissioner Elections Order 2012
- 9Amendment of the Neighbourhood Planning (Referendums) Regulations 2012
- 10Amendment of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016
- 11Amendment of the Combined Authorities (Mayoral Elections) Order 2017
- 12Amendment of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021
- Signature
- Schedule 1New forms for the Representation of the People (England and Wales) Regulations 2001
- Schedule 2New forms for the Representation of the People (Scotland) Regulations 2001
- Schedule 3: Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007: New forms
- 1Forms for use at a mayoral election in England where the poll is not taken together with another election or referendum
- 2Forms for use at a mayoral election in England where the poll is taken together with another election or referendum
- Schedule 4: Local Authorities (Conduct of Referendums) (England) Regulations 2012: New forms
- 1Forms for use at a referendum where the poll is not taken together with another election or referendum
- 2Forms for use at a referendum where the poll is taken together with another election or referendum
- Schedule 5: Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012: New forms
- 1Forms for use at a referendum where the poll is not taken together with another election or referendum
- 2Forms for use at a referendum where the poll is taken together with another election or referendum
- Schedule 6Police and Crime Commissioner Elections Order 2012: New forms
- Schedule 7: Neighbourhood Planning (Referendums) Regulations 2012: New forms
- 1Forms for use at a referendum where the poll is not taken together with another election or referendum
- 2Forms for use at a referendum where the poll is taken together with another election or referendum
- Schedule 8Recall of MPs Act 2015 (Recall Petition) Regulations 2016: New forms
- Schedule 9: Combined Authorities (Mayoral Elections) Order 2017: New forms
- 1Forms for use at a mayoral election where the poll is not taken together with another election or referendum
- 2Forms for use at a mayoral election where the poll is taken together with another election or referendum
- Schedule 10Police and Crime Commissioner Elections: New Welsh forms
- Explanatory note
1Citation, commencement, extent and saving
These Regulations may be cited as the Voter Identification (Amendment of List of Specified Documents) Regulations 2024, and come into force on the day after the day on which these Regulations are made.
This regulation and regulations 2 and 10 extend to England and Wales and Scotland.
Regulation 4 extends to Scotland only.
The remainder of these Regulations extend to England and Wales only.
An amendment made by these Regulations does not apply to a relevant election, petition or referendum in respect of which the qualifying date is before 1st May 2025.
In paragraph (5), “qualifying date”—
where the relevant election, petition or referendum is a recall petition, means the beginning date of the signing period as specified in the public notice of petition given under regulation 14 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016f1, and
otherwise, means the date of the poll as specified in the notice of the election or referendum published in accordance with—
in the case of a parliamentary election, rule 5 of Schedule 1 to the Representation of the People Act 1983f2;
in the case of a PCC election, rule 4 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012f3;
in the case of a combined authority mayoral election or combined county authority mayoral election, rule 5 of Schedule 1 or rule 5 of Schedule 3 to the Combined Authorities (Mayoral Elections) Order 2017f4;
in the case of a local authority mayoral election, rule 5 of Schedule 1 or rule 5 of Schedule 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007f5;
in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990, rule 5 of Schedule 3 or rule 5 of Schedule 5 to the Neighbourhood Planning (Referendums) Regulations 2012f6;
In this regulation—
-
“combined authority mayoral election” means an election of a mayor for a combined authority in accordance with Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
-
“combined county authority mayoral election” means an election for a mayor for a combined county authority in accordance with Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
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“local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000f11;
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“PCC election” means an election of a police and crime commissioner under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011f12;
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“recall petition” has the meaning given by section 1 of the Recall of MPs Act 2015;
-
“relevant election, petition or referendum” means—
- (a)
a parliamentary election, or a recall petition, in England, Wales or Scotland;
- (b)
a PCC election;
- (c)
a combined authority mayoral election;
- (d)
a combined county authority mayoral election;
- (e)
a local authority mayoral election;
- (f)
a referendum under—
- (i)
Schedule 4B to the Town and Country Planning Act 1990,
- (ii)
Chapter 4ZA of Part 1 of the Local Government Finance Act 1992, or
- (iii)
Part 1A of the Local Government Act 2000.
- (i)
- (a)
2Amendment of the Representation of the People Act 1983
Rule 37 of Schedule 1 to the Representation of the People Act 1983 (voting procedure and voter identification requirements: Great Britain) is amended as follows.
In paragraph (1H)—
for sub-paragraph (b) substitute—
“(b)a passport or passport card issued by an EEA state or a country listed in Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens)f1;”;
after sub-paragraph (g) insert—
“(ga)a Ministry of Defence Form 100 (HM Armed Forces Veteran Card);
(gb)a National Entitlement Card issued by a local authority in Scotland;”.
In paragraph (1J), in the table, omit the entry for passes funded by the Scottish Government.
3Amendment of the Representation of the People (England and Wales) Regulations 2001
In Schedule 3 to the Representation of the People (England and Wales) Regulations 2001 (forms)f1, for Form A (official poll card to be sent to an elector voting in person) and Form B (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Schedule 1 to these Regulations.
4Amendment of the Representation of the People (Scotland) Regulations 2001
In Schedule 3 to the Representation of the People (Scotland) Regulations 2001 (forms)f1, for Form A (official poll card to be sent to an elector voting in person) and Form B (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Schedule 2 to these Regulations.
5Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
In the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007—
in Schedule 1 (mayoral elections rules), in the Appendix of Forms, for Form 8A (elector’s official poll card for use at mayoral elections in England) and Form 10A (official proxy poll card for use at mayoral elections in England) substitute the corresponding forms in Part 1 of Schedule 3 to these Regulations;
in Schedule 3 (mayoral election combination of poll rules), in the Appendix of Forms, for Form 8A (elector’s official poll card for use at mayoral elections in England) and Form 10A (official proxy poll card for use at mayoral elections in England) substitute the corresponding forms in Part 2 of Schedule 3 to these Regulations.
6Amendment of the Local Authorities (Conduct of Referendums) (England) Regulations 2012
In the Local Authorities (Conduct of Referendums) (England) Regulations 2012—
in Schedule 3 (local government act referendums rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 1 of Schedule 4 to these Regulations;
in Schedule 5 (local government act referendums combination of polls rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 2 of Schedule 4 to these Regulations.
7Amendment of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
In the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012—
in Schedule 3 (local government finance act referendums rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 1 of Schedule 5 to these Regulations;
in Schedule 5 (local government finance act referendums combination of polls rules), in Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 2 of Schedule 5 to these Regulations.
8Amendment of the Police and Crime Commissioner Elections Order 2012
In Schedule 3 to the Police and Crime Commissioner Elections Order 2012 (rules for the conduct of PCC elections where poll not taken together with poll at another election), in rule 70 (forms) for Form 11 (official poll card) and Form 13 (official proxy poll card) substitute the corresponding forms in Schedule 6 to these Regulations.
9Amendment of the Neighbourhood Planning (Referendums) Regulations 2012
In the Neighbourhood Planning (Referendums) Regulations 2012—
in Schedule 3 (neighbourhood planning referendums rules), in Part 8 (appendix of forms), for Form 7 (official poll card to be sent to a voter voting in person) and Form 9 (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 1 of Schedule 7 to these Regulations;
in Schedule 5 (neighbourhood planning referendums combination of polls rules), in Part 8 (appendix of forms), for Form 8 (official poll card to be sent to a voter voting in person) and Form 10 (official proxy poll card to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 2 of Schedule 7 to these Regulations.
10Amendment of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016
In Schedule 2 to the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (forms), in Part 1 (United Kingdom), for Form D (official petition notice for an elector who may sign the petition in person) and Form F (official petition notice for a proxy who may sign the petition in person) substitute the corresponding forms in Schedule 8 to these Regulations.
11Amendment of the Combined Authorities (Mayoral Elections) Order 2017
In the Combined Authorities (Mayoral Elections) Order 2017—
in Schedule 1 (mayoral elections rules), in Part 9 (appendix of forms), for Form 8 (elector’s official poll card) and Form 10 (official proxy poll card) substitute the corresponding forms in Part 1 of Schedule 9 to these Regulations;
in Schedule 3 (mayoral election combination of polls rules), in Part 9 (appendix of forms), for Form 8 (elector’s official poll card) and Form 10 (official proxy poll card) substitute the corresponding forms in Part 2 of Schedule 9 to these Regulations.
12Amendment of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021
In Schedule 3 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (Welsh and English versions of prescribed forms)f1, for Form 11 (official poll card) and Form 13 (official proxy poll card) substitute the corresponding forms in Schedule 10 to these Regulations.
Signature
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Name
Parliamentary Under Secretary of State
Ministry of Housing, Communities and Local Government
Date
Schedule 1New forms for the Representation of the People (England and Wales) Regulations 2001
Form A (official poll card to be sent to an elector voting in person)
Front of form
Rear of form
Form B (official proxy poll card to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Schedule 2New forms for the Representation of the People (Scotland) Regulations 2001
Form A (official poll card to be sent to an elector voting in person)
Front of form
Rear of form
Form B (official proxy poll card to be sent to an appointed proxy voting in person)
Front of form
Rear of form
1Forms for use at a mayoral election in England where the poll is not taken together with another election or referendum
Form 8A (elector’s official poll card for use at mayoral elections in England)
Front of form
Rear of form
Form 10A (official proxy poll card for use at mayoral elections in England)
Front of form
Rear of form
2Forms for use at a mayoral election in England where the poll is taken together with another election or referendum
Form 8A (elector’s official poll card for use at mayoral elections in England)
Front of form
Rear of form
Form 10A (official proxy poll card for use at mayoral elections in England)
Front of form
Rear of form
1Forms for use at a referendum where the poll is not taken together with another election or referendum
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
2Forms for use at a referendum where the poll is taken together with another election or referendum
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
1Forms for use at a referendum where the poll is not taken together with another election or referendum
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
2Forms for use at a referendum where the poll is taken together with another election or referendum
Official Poll Card (to be sent to a voter voting in person)
Front of form
Rear of form
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Front of form
Rear of form
Schedule 6Police and Crime Commissioner Elections Order 2012: New forms
Form 11 (official poll card)
Front of form
Rear of form
Form 13 (official proxy poll card)
Front of form
Rear of form
1Forms for use at a referendum where the poll is not taken together with another election or referendum
Form 7 (official poll card to be sent to a voter voting in person)
Front of form
Rear of form
Form 9 (official proxy poll card to be sent to an appointed proxy voting in person)
Front of form
Rear of form
2Forms for use at a referendum where the poll is taken together with another election or referendum
Form 8 (official poll card to be sent to a voter voting in person)
Front of form
Rear of form
Form 10 (official proxy poll card)
Front of form
Rear of form
Schedule 8Recall of MPs Act 2015 (Recall Petition) Regulations 2016: New forms
Form D (official petition notice for an elector who may sign the petition in person)
Page 1
Page 2
Page 3
Final page
Form F (official petition notice for a proxy who may sign the petition in person)
Page 1
Page 2
Page 3
Page 4
Final page
1Forms for use at a mayoral election where the poll is not taken together with another election or referendum
Form 8 (elector’s official poll card)
Front of form
Rear of form
Form 10 (official proxy poll card)
Front of form
Rear of form
2Forms for use at a mayoral election where the poll is taken together with another election or referendum
Form 8 (elector’s official poll card)
Front of form
Rear of form
Form 10 (official proxy poll card)
Front of form
Rear of form
Schedule 10Police and Crime Commissioner Elections: New Welsh forms
Form 11 (official poll card)
Front of form
Rear of form
Form 13 (official proxy poll card)
Front of form
Rear of form
Explanatory note
(This note is not part of the Regulations)
These Regulations makes a change to the list of the types of photographic identification which can be used by a person wishing to—
-
vote in person at a polling station at UK Parliamentary elections in Great Britain, Police and Crime Commissioner elections in England and Wales, and at mayoral elections and local referendums in England;
-
sign a recall petition in person at a petition signing place for a petition held in Great Britain under the Recall of MPs Act 2015 (c. 25).
Regulation 2 amends the list set out in rule 37(1H) to (1J) of Schedule 1 to the Representation of the People Act 1983 (c. 2). Regulation 2(2)(a) varies the description in paragraph (1H)(b) to include passport cards and also to replace the reference to “Commonwealth country” with a reference to the list of countries in Schedule 3 to the British Nationality Act 1981 (c. 61) whose citizens are commonwealth citizens and are entitled to vote at parliamentary or local government elections as a result.
Regulation 2(2)(b) adds the Ministry of Defence Veteran Card to the list in rule 37(1H). It also, together with regulation 2(3), moves the Scottish National Entitlement Card from the definition of “relevant concessionary travel pass” in rule 37(1J) to the main list in rule 37(1H) so that all variations of the National Entitlement Card can be used for voting irrespective of whether a card provides concessionary travel.
Regulations 3 to 9, 11 and 12 amend secondary legislation to replace the prescribed form of the poll card and proxy poll card used in relation to the various types of elections and referendums, in order to update the list of acceptable identification shown on the card as a result of the amendment made by regulation 2. Regulation 10 makes equivalent changes to the prescribed forms of the official petition notices issued to electors and to proxies in relation to recall petitions held in England, Wales or Scotland.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.