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The Voter Identification Regulations 2022

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

Draft 2022, ISBN 9780348240504

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

The Secretary of State makes the following Regulations in exercise of the powers conferred by the provisions specified in Schedule 1 to these Regulations.

The Secretary of State has consulted—

(a)

the Electoral Commission, in accordance with section 53(5)(a) of the Representation of the People Act 1983f1, paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990f2, section 52ZQ(6) of the Local Government Finance Act 1992f3, section 9HE(4) of the Local Government Act 2000f4, section 7(1) and (2)(e), (hc) and (k) of the Political Parties, Elections and Referendums Act 2000f5, and paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009f6,

(b)

the Information Commissioner and such other persons as the Secretary of State considered appropriate, in accordance with section 53(5)(b) and (c) of the Representation of the People Act 1983,

(c)

the Scottish Ministers, in accordance with section 15(5C) of the Representation of the People Act 1985f7, and

(d)

the Welsh Ministers, in accordance with section 15(5D) of the Representation of the People Act 1985f8.

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 1983f9, section 333(3A) of the Town and Country Planning Act 1990f10, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000f11, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009f12, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011f13 and section 21(6) of the Recall of MPs Act 2015f14.

Annotations to the whole text

Footnotes

f1

1983 c. 2. Section 53(5) was inserted by paragraph 5 of Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

f2

1990 c. 8. Schedule 4B was inserted by section 116(2) of, and Schedule 10 to, the Localism Act 2011 (c. 20) and was amended by sections 140(1) and 141 of the Housing and Planning Act 2016 (c. 22) and by S.I. 2013/2597, 2018/1232, 2021/1265. It is prospectively amended by section 7 of the Neighbourhood Planning Act 2017 (c. 20) from a date and time to be appointed.

f3

1992 c. 14. Section 52ZQ was inserted by section 72(1) of, and Schedule 5 to, the Localism Act 2011 and amended by S.I. 2021/1265.

f4

2000 c. 22. Section 9HE was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and amended by S.I. 2013/2597, 2021/1265.

f5

2000 c. 41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c. 13). Section 7(2)(k) was inserted by paragraph 3(1) and (6) of Schedule 6 to the Recall of MPs Act 2015 (c. 25).

f6

2009 c. 20. Schedule 5B was inserted by section 2(2) of, and Schedule 1 to, the Cities and Local Government Devolution Act 2016 (c. 1). Paragraph 12 was amended by S.I. 2021/1265.

f7

1985 c. 50. Section 15(5C) was inserted by section 4(2) of the Scotland Act 2016 (c. 11).

f8

Section 15(5D) was inserted by section 5(2) of the Wales Act 2017 (c. 4).

f9

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 and was amended by paragraph 6(1) and (7)(b) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41), by section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13) and by S.I. 1991/1728. It is prospectively amended by paragraph 1(9)(a) of Schedule 8 to the Elections Act 2022 (c. 37) from a date and time to be appointed.

f10

Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011 (c. 20).

f11

Section 105 was amended by paragraph 14(1) and (2) of Schedule 3 to the Local Government Act 2003 (c. 26), 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.

f12

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

f13

2011 c. 13.

f14

2015 c. 25.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and saving
  3. 2Extent
  4. 3Interpretation
  5. Part 2: Applications for electoral identity or anonymous elector’s documents
  6. 4Identity document applications: general
  7. 5Identity document applications made through the digital service
  8. 6Verification of information provided in an identity document application
  9. 7Power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary
  10. 8Registration officer’s right to inspect certain records
  11. 9Power to require information
  12. Part 3: Determination of applications
  13. 10Postponement of determination of identity document applications
  14. 11Determination of identity document applications
  15. 12Notification following determination
  16. 13Appeal following determination
  17. 14Processing of information provided in connection with an identity document application
  18. Part 4: Design, issuing, delivery, collection etc. of electoral identity documents, anonymous elector’s documents etc.
  19. Chapter 1: Design of documents
  20. 15Design of electoral identity documents, anonymous elector’s documents, etc.
  21. Chapter 2: Issuing and delivery or collection of electoral identity documents and anonymous elector’s documents
  22. 16Issuing of electoral identity documents and anonymous elector’s documents
  23. 17Delivery or collection of issued electoral identity documents and anonymous elector’s documents
  24. Chapter 3: Issuing of temporary electoral identity documents
  25. 18Issuing of temporary electoral identity documents
  26. 19Temporary electoral identity documents: supplemental
  27. Chapter 4: Record of issued documents
  28. 20Record of anonymous elector’s documents and electoral identity documents
  29. 21Duties of registration officer and staff in relation to the record
  30. 22Supply, disclosure and use of record for the purposes of relevant elections, petitions and referendums
  31. 23Supply of the record to police forces and other organisations
  32. 24Offence in respect of contravention of regulation 21(4) or (6), 22(2) or (3) or 23(3) or (4)
  33. Part 5: Anonymous elector’s documents: reminders and replacement
  34. Chapter 1: Reminders
  35. 25Reminder of the need for an anonymous elector’s document: general
  36. 26Reminder of the need for an anonymous elector’s document: transitional provision
  37. Chapter 2: Replacement of anonymous elector’s documents: change of electoral number
  38. 27Application and interpretation of Chapter 2
  39. 28Notification as to replacement
  40. 29Replacement of anonymous elector’s document following change of electoral number
  41. Chapter 3: Replacement of anonymous elector’s documents following loss etc. of document
  42. 30Replacement of anonymous elector’s document following loss etc. of document
  43. Part 6: Ballot paper refusal lists and signing sheet refusal lists
  44. 31Ballot paper refusal list at parliamentary elections
  45. 32Inspection etc. of the completed ballot paper refusal list or signing sheet refusal list
  46. Part 7: Rule 40B of the elections rules: collection and collation of information
  47. 33Application of rule 40B of the parliamentary election rules
  48. 34Collection of information by the presiding officer
  49. 35Collation of information by relevant registration officer or returning officer
  50. Part 8: Amendments relating to the conduct of parliamentary elections
  51. 36Amendment of the Representation of the People (Scotland) Regulations 1986
  52. 37Amendment of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  53. Part 9: Amendment of the Representation of the People (England and Wales) Regulations 2001 and the Representation of the People (Scotland) Regulations 2001
  54. 38Amendment of the Representation of the People (England and Wales) Regulations 2001
  55. 39Amendment of the Representation of the People (Scotland) Regulations 2001
  56. 40Amendments consequential on regulation 39
  57. 41Amendment of the Representation of the People (Northern Ireland) Regulations 2008
  58. Part 10: Amendment of conduct rules for other elections, referendums and recall petitions
  59. 42Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  60. 43Amendment of Schedule 1 (mayoral elections rules)
  61. 44Amendment of Schedule 2 (modifications of Acts and statutory instruments)
  62. 45Amendment of Schedule 3 (mayoral election combination of poll rules)
  63. 46Amendment of the Local Authorities (Conduct of Referendums) (England) Regulations 2012
  64. 47Amendment of regulation 13 (combination of referendum polls: supplementary)
  65. 48Amendment of Schedule 3 (local government act referendum rules)
  66. 49Amendment of Schedule 4 (application, with modifications, of Acts and subordinate legislation)
  67. 50Amendment of Schedule 5 (local government act referendum combination of polls rules)
  68. 51Amendment of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
  69. 52Amendment of Schedule 3 (local government finance act referendum rules)
  70. 53Amendment of Schedule 4 (application, with modifications, of Acts and subordinate legislation)
  71. 54Amendment of Schedule 5 (local government finance act referendum combination of polls rules)
  72. 55Amendment of the Police and Crime Commissioner Elections Order 2012
  73. 56Amendment of article 2 (interpretation)
  74. 57Amendment of article 13A (combination of polls: National Assembly for Wales)
  75. 58Amendment of article 18 (other voting offences)
  76. 59Amendment of Schedule 2 (absent voting in PCC elections)
  77. 60Amendment of Schedule 3 (PCC election conduct rules)
  78. 61Amendment of Part 3 of Schedule 4 (modifications to PCC elections rules for combination of polls)
  79. 62Amendment of Part 5 of Schedule 4 (modifications to PCC elections rules for combination of poll with the poll for an election to Senedd Cymru)
  80. 63Amendment of the Neighbourhood Planning (Referendums) Regulations 2012
  81. 64Amendment of Schedule 3 (neighbourhood planning referendum rules)
  82. 65Amendment of Part 1 of Schedule 4 (application, with modification, of other Acts and subordinate legislation)
  83. 66Amendment of Schedule 5 (neighbourhood planning referendum combination of polls rules)
  84. 67Amendment of Schedule 6 (registering to vote in a business referendum)
  85. 68Amendment of the 2016 Regulations
  86. 69Amendment of regulation 2 (application)
  87. 70Amendment of regulation 3 (interpretation)
  88. 71Amendment of regulation 17 (appointment of petition assistants)
  89. 72Amendment of regulation 18 (issue of official petition notice)
  90. 73Amendment of regulation 19 (equipment at petition signing place)
  91. 74New regulation 20A (provision of private area for production of proof of identity: England and Wales and Scotland)
  92. 75Amendment of regulation 25 (questions to be put to persons signing the petition)
  93. 76Amendment of regulation 27 (signing procedure: England and Wales and Scotland)
  94. 77Amendment of regulation 29 (signing sheets endorsed by petition clerk)
  95. 78Amendment of regulation 30 (tendered signing sheets)
  96. 79New regulation 30A (refusal to deliver signing sheet: England and Wales and Scotland)
  97. 80Amendment of regulation 33 (daily verification and storage)
  98. 81Amendment of regulation 37 (procedure on close of petition)
  99. 82Amendment of regulation 43 (sealing up of signing sheets)
  100. 83Amendment of regulation 44 (delivery of documents to the registration officer: England and Wales and Northern Ireland)
  101. 84Amendment of regulation 45 (orders for production of documents: England and Wales and Northern Ireland)
  102. 85Amendment of regulation 60 (general requirements for applications for absent signing)
  103. 86New regulation 63A (additional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland)
  104. 87Amendment of regulation 69 (additional requirements: applications for an emergency proxy signature in respect of a particular petition: England and Wales and Scotland)
  105. 88New regulation 69A (additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification: England and Wales and Scotland)
  106. 89Amendment of regulation 71 (closing date for applications: England and Wales and Scotland)
  107. 90New regulation 71A (grounds relating to identification: England and Wales and Scotland)
  108. 91Amendment of regulation 144 (forms)
  109. 92Amendment of Schedule 2 (forms)
  110. 93Amendment of the Combined Authorities (Mayoral Elections) Order 2017
  111. 94Amendment of Schedule 1 (combined authorities mayoral election rules)
  112. 95Amendment of Schedule 2 (modifications of Acts and statutory instrument)
  113. 96Amendment of Schedule 3 (combined authority mayoral election combination of polls rules)
  114. 97Amendment of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021
  115. Signature
  116. Schedule 1Enabling Powers
  117. Schedule 2: Identity document applications: photograph requirements
  118. 1Paragraph 1
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. 4Paragraph 4
  122. 5Paragraph 5
  123. 6Paragraph 6
  124. 7Paragraph 7
  125. Schedule 3: Requirements for the design of anonymous elector’s documents, electoral identity documents, and temporary electoral identity documents
  126. 1Requirements for the design of the anonymous elector’s document
  127. 2Requirements for the design of the electoral identity document
  128. 3Requirements for the design of the temporary electoral identity document
  129. Schedule 4Prescribed form of ballot paper refusal list at parliamentary elections
  130. Schedule 5Representation of the People (Combination of Polls) (England and Wales) Regulations 2004: New Form of directions for the guidance of voters
  131. Schedule 6: New forms of official poll cards and official proxy poll cards at parliamentary elections
  132. 1New forms for the Representation of the People (England and Wales) Regulations 2001
  133. 2New forms for the Representation of the People (Scotland) Regulations 2001
  134. Schedule 7: Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007: New forms
  135. 1Forms for use at a mayoral election in England where the poll is not taken together with another election or referendum
  136. 2Forms for use at a mayoral election in England where the poll is taken together with another election or referendum
  137. Schedule 8: Local Authorities (Conduct of Referendums) (England) Regulations 2012: New forms
  138. 1Forms for use at a referendum where the poll is not taken together with another election or referendum
  139. 2Forms for use at a referendum where the poll is not taken together with another election or referendum
  140. Schedule 9: Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012: New forms
  141. 1Forms for use at a referendum where the poll is not taken together with another election or referendum
  142. 2Forms for use at a referendum where the poll is not taken together with another election or referendum
  143. Schedule 10: Police and Crime Commissioner Elections Order 2012: New forms
  144. 1New proxy paper form
  145. 2Forms for use at a PCC election
  146. Schedule 11: Neighbourhood Planning (Referendums) Regulations 2012: New forms
  147. 1Forms for use at a referendum where the poll is not taken together with another election or referendum
  148. 2Forms for use at a referendum where the poll is taken together with another election or referendum
  149. Schedule 12Recall of MPs Act 2015 (Recall Petition) Regulations 2016: New forms
  150. Schedule 13: Combined Authorities (Mayoral Elections) Order 2017: New forms
  151. 1Forms for use at a mayoral election where the poll is not taken together with another election or referendum
  152. 2Forms for use at a mayoral election where the poll is taken together with another election or referendum
  153. Schedule 14: Police and Crime Commissioner Elections: Welsh form of words and Welsh and English forms
  154. 1New Part 2 of Schedule 1 (Welsh versions of forms of words)
  155. 2New Welsh and English Forms
  156. Explanatory note