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The Electoral Registration Data Schemes (No. 2) Order 2012

S.I. 2012/3232 · Made 19 December 2012

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.

Representation Of The People

Made 19th December 2012

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 sections 35 and 36 of the Political Parties and Elections Act 2009f1.

In accordance with section 36(1) of that Act, the schemes set out in this Order give effect to proposals which have been submitted to the Lord President of the Council by the registration officers to whom the schemes relate, and this Order gives effect to such schemes with modifications suggested by him and agreed to by the relevant registration officers.

In accordance with section 36(2) of that Act, before making this Order the Lord President of the Council consulted the Electoral Commission, the Information Commissioner and the persons authorised by the Order to provide information.

In accordance with section 35(10) of that Act, a draft of this Order has been laid before and approved by each House of Parliament.

Annotations to the whole text

Footnotes

f1

2009 c. 12. Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837) provides that the Secretary of State’s functions under the 2009 Act (with exceptions which are not relevant here) are exercisable concurrently by the Secretary of State and the Lord President of the Council.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Authorisation of data schemes
  4. 4Authorisation of data schemes
  5. 5Evaluation date
  6. Signature
  7. Schedule: Specification of areas, authorities and information
  8. 1Scheme areas and authorities
  9. 2Information authorised to be provided by each authority
  10. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the Electoral Registration Data Schemes (No. 2) Order 2012 and comes into force on the day after the day on which it is made.

2Citation, commencement and interpretation

In this Order—

  • “the Act” means the Political Parties and Elections Act 2009;

  • “area” means—

    1. (a)

      in England, a district or London borough;

    2. (b)

      in Wales, a county or county borough;

    3. (c)

      in Scotland, a local government area;

  • “authority” has the meaning given in article 3.

3Authorisation of data schemes

Subject to article 4, a person mentioned in the second column of the table in Part 1 of the Schedule (“an authority”) may provide to the registration officer for the area in the corresponding entry in the first column of that table—

(a)

information described in the entry corresponding to that authority in the table in Part 2 of the Schedule which relates to that area;

(b)

information kept in the same database as the information authorised to be provided under paragraph (a) and which relates to the source, collection or recording of that information.

4Authorisation of data schemes

(1)

An authority may provide information to a registration officer under article 3 only if—

(a)

the information is provided before 17th April 2013;

(b)

the information is provided for the purpose mentioned in section 35(2) of the Act; and

(c)

the authority and the registration officer have agreed in writing, in relation to the scheme, requirements as to the processing of information, including requirements as to the transfer, storage, destruction and security of information.

(2)

An agreement under paragraph (1)(c) must make provision for the consequences of a failure to comply with such requirements, and those consequences may include the suspension or termination of the provision of information by the authority.

5Evaluation date

For the purpose of section 36(3) of the Act, the evaluation date for each scheme is 17th July 2013.

Signature

Signed by authority of the Lord President of the Council

Chloë Smith

Minister for Political and Constitutional Reform

Cabinet Office

19th December 2012

1Scheme areas and authorities

AreaAuthority
Barrow-in-FurnessSecretary of State for Work and Pensions
Secretary of State for Education
Higher Education Funding Council for England
Cumbria County Council
Ceredigionf1The Welsh Ministers
Student Loans Company Limited
Royal Mail Group Limited
Conwyf2Royal Mail Group Limited
CoventrySecretary of State for Work and Pensions
Secretary of State for Education
Student Loans Company Limited
City of Edinburgh, East Lothian, Midlothian and West LothianRoyal Mail Group Limited
GreenwichSecretary of State for Education
Higher Education Funding Council for England
Student Loans Company Limited
Royal Mail Group Limited
HarrowSecretary of State for Education
Higher Education Funding Council for England
ManchesterHigher Education Funding Council for England
MansfieldSecretary of State for Education
Nottinghamshire County Council
PembrokeshireSecretary of State for Work and Pensions
The Welsh Ministers
Royal Mail Group Limited
PeterboroughHigher Education Funding Council for England
PowysThe Welsh Ministers
Royal Mail Group Limited
Renfrewshire, East Renfrewshire and InverclydeRoyal Mail Group Limited
Richmond upon ThamesSecretary of State for Work and Pensions
Royal Mail Group Limited
RushmoorSecretary of State for Work and Pensions
Secretary of State for Education
Hampshire County Council
South RibbleSecretary of State for Education
Royal Mail Group Limited
Lancashire County Council
SouthwarkHigher Education Funding Council for England
Royal Mail Group Limited
SunderlandSecretary of State for Education
Higher Education Funding Council for England
Royal Mail Group Limited
Tower HamletsSecretary of State for Education
Higher Education Funding Council for England
Student Loans Company Limited
Royal Mail Group Limited
WiganHigher Education Funding Council for England
Royal Mail Group Limited
WolverhamptonSecretary of State for Education
Higher Education Funding Council for England
Student Loans Company Limited
WrexhamSecretary of State for Work and Pensions
Royal Mail Group Limited

2Information authorised to be provided by each authority

AuthorityInformation
Secretary of State for Work and Pensions

Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions—

  1. (a)

    for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Developmentf1); and

  2. (b)

    relating to working tax credit, child tax credit and child benefit (being information kept on behalf of Her Majesty’s Revenue and Customsf2)

Secretary of State for EducationName, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996f3), and who are at least 16 years old but less than 19 years old
The Welsh Ministers

Name, postcode and date of birth of individuals—

  1. (a)

    appearing in the Pupil Level Annual School Census database who are pupils at schools maintained by local authorities and are at least 16 years old but less than 19 years old; and

  2. (b)

    appearing in the Lifelong Learning Wales Record who are receiving education or training from further education institutions, work-based learning providers or local authorities, and are at least 16 years old but less than 19 years old

Higher Education Funding Council for EnglandName, surname at age 16, domicile postcode, term-time postcode and date of birth of individuals appearing in the database known as the HESA Student Record 2011/2012
Student Loans Company LimitedName, address and date of birth of individuals appearing in databases in the Student Finance Customer Account System (Higher Education)
Royal Mail Group LimitedName and address of individuals appearing in data relating to Royal Mail’s mail redirection service and contained in the National Change of Address Update, National Change of Address Suppress and Home Mover Mailing Service databases
Cumbria County Council, Hampshire County Council, Lancashire County Council, Nottinghamshire County Council

Name, address and date of birth of—

  1. (a)

    individuals appearing in databases kept by the Council for the purpose of functions relating to education, who are pupils at schools maintained by the Council and who are at least 16 years old but less than 19 years old;

  2. (b)

    individuals with special educational needs or a disability, placed by the Council in schools recorded in the Council’s education database and who are at least 16 years old but less than 19 years old;

  3. (c)

    individuals who are recorded in the Council’s children’s social care database as looked after by the Council and who are at least 16 years old but less than 19 years old; and

  4. (d)

    individuals appearing in databases kept by the Council for the purpose of recording participation in education, training and employment and who are at least 16 years old but less than 19 years old

Explanatory note

(This note is not part of the Order)

This Order is the third of a series of ordersf1 establishing schemes for the provision of data to specified electoral registration officers, in order to assist them in meeting the registration objectives set out at section 31(8) of the Political Parties and Elections Act 2009, those being—

(a)

that persons who are entitled to be registered in an electoral register are registered in it;

(b)

that persons who are not entitled to be registered in an electoral register are not registered in it; and

(c)

that none of the information relating to a registered person that appears in a register or other record kept by a registration officer is false.

Article 3 provides that specified authorities may provide data to the registration officers under the schemes. Part 1 of the Schedule lists the areas in which schemes have effect and the authorities which may provide data to the registration officer for each area. Part 2 of the Schedule sets out data which each of the authorities may provide, and article 3(b) enables authorities to provide related data, for example the date on which an address was last updated and the source of that update. An authority may only provide data to a registration officer if the data relates to that registration officer’s area.

Article 4 provides that data may only be provided under each scheme before 17th April 2013, for the purpose set out in the 2009 Act and if the authority and the registration officer have agreed in writing requirements for the processing of data under the schemes. The agreement must include the consequences of failing to comply with the requirements agreed.

Article 5 provides that the date by which the Electoral Commission must produce a report on the operation of each scheme under section 36(3) of the 2009 Act is 17th July 2013.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. However, a privacy impact assessment is annexed to the Explanatory Memorandum which is available alongside this instrument at www.legislation.gov.uk.