OpenLegislation

The Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2013 in Northern Ireland

S.I. 2013/3197 · Made 18 December 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 22 June 2015.

Representation Of The People

Made 18th December 2013

Coming into force in accordance with article 1

The Lord President of the Council makes the following Order in exercise of the powers conferred by section 11(3) and (5) of, and paragraphs 4, 8, 9, 12, 13, 17(7) and 29 of Schedule 5 to, the Electoral Registration and Administration Act 2013f1.

The Lord President of the Council has consulted the Electoral Commission, the Information Commissioner and such other persons as he considered appropriate, in accordance with section 53(5) of the Representation of the People Act 1983f2.

In accordance with section 11(2) of the Electoral Registration and Administration Act 2013, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2013 c.6. Section 25(1) defines “the Minister” as the Lord President of the Council or the Secretary of State; “prescribed” has the meaning given in paragraph 30(1) of Schedule 5.

f2

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

Contents

  1. 2Article 2
  2. 3Article 3
  3. 4AApplications for registration in England and Wales made between 2nd and 9th June 2014
  4. 8Article 8
  5. 10Article 10
  6. 25Steps which may be taken by a registration officer in relation to proxies
  7. Signature
  8. Explanatory note

2I1

This Order does not extend to Northern Ireland, except for article 25.

3I1

In this Order—

  • “the 1983 Act” means the Representation of the People Act 1983;

  • “the 2013 Act” means the Electoral Registration and Administration Act 2013;

  • “the two 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001f1 and the Representation of the People (Scotland) Regulations 2001f2;

  • “Lord President” means the Lord President of the Council;

  • “registration officer” means a registration officer in Great Britain, unless otherwise stated.

4AApplications for registration in England and Wales made between 2nd and 9th June 2014F1I1

Where a registration officer in England and Wales determines an application for registration made in the period starting with 2nd June 2014 and ending with 9th June 2014, the proviso in regulation 29(4) of the Representation of the People (England and Wales) Regulations 2001f1 does not apply.

8I1

Articles 6 and 7 do not apply to persons who are entered in the register with an anonymous entry.

10I1

(1)

Any person who discloses information under this Order must process it in accordance with any requirements as to the processing of information that may have been imposed by the Lord President in writing, including requirements as to the transfer, storage, destruction and security of that information.

(2)

Any requirements, in accordance with which a person must process information, must be imposed by the Lord President before a registration officer is required to disclose that information under article 7(2).

25Steps which may be taken by a registration officer in relation to proxiesI1

A registration officer may require a registration officer in Great Britain or Northern Ireland to provide information as soon as reasonably practicable about whether a proxy for an existing absent voter has or will have an entry in the relevant register maintained by that officer.

Signature

Signed by authority of the Lord President of the Council

Greg Clark

Minister of State

Cabinet Office

18th December 2013

Explanatory note

(This note is not part of the Order)

This Order contains transitional provisions relating to the introduction of individual elector registration in Great Britain. They are made under Schedule 5 to the Electoral Registration and Administration Act 2013. The new system is expected to begin on 10th June 2014 in England and Wales and on 19th September 2014 in Scotland.

Article 5 shortens the period immediately before commencement in which applications for registration in Scotland may be determined.

Article 6 requires each electoral registration officer (ERO) in Great Britain to check whether each person with an entry on an electoral register (with some exceptions) is entitled to remain registered. Article 7 makes provision about the information an ERO must verify for the purpose of confirming entitlement to remain registered and the process by which verification must take place. It provides for the disclosure of the information and its comparison with data held by the Secretary of State for Work and Pensions and specifies the evidence which supports a person’s entitlement to remain registered. Article 9 makes it a criminal offence to disclose the information except for the purposes of confirmation or for the purpose of any civil or criminal proceedings.

Article 11 requires an ERO to give notice in writing of a person’s entitlement to remain registered.

Article 12 empowers EROs to use the verification procedure in article 7 in relation to people whose entries on the register were carried forward at the conclusion of the final old canvass.

Article 13 prescribes the period within which invitations to register must be given to existing electors in 2014. Articles 14 and 15 provide for the first new canvass in Scotland to be delayed and, as a consequence, for the revised version of the register in Scotland to be published by 28th February 2015. Article 16 prescribes the period within which canvass forms must be given for the second new canvass throughout Great Britain.

Article 17 makes provision about invitations to register in relation to existing electors which EROs are required to give. Article 18 requires the ERO to send a second invitation if no response is received to the first invitation and a third invitation if no response is received to the second invitation. It also provides for visits to an address.

Article 19 makes provision about requirements to make an application for registration by a specified date, including the manner and circumstances in which an ERO may and may not give a person notice of such a requirement, the form of notice and the cancellation of a notice.

Articles 20 to 23 make provision as to civil penalties. Article 20 sets the level of the civil penalty. It requires an ERO to give a person notice in writing of the civil penalty and prescribes the form and content of that notice. Articles 21 to 23 provide for payment, enforcement and cancellation of a civil penalty and for reviews of and appeals against a civil penalty.

Article 24 provides for the manner in which an ERO must notify certain absent voters that their entry has been removed from the register.

Article 25 enables EROs to find out whether a proxy for an absent voter is registered in another officer’s registers.

An overall impact assessment in relation to the individual electoral registration scheme is available on the Cabinet Office website at http://www.cabinetoffice.gov.uk/sites/default/files/resources/IER-Impact.