OpenLegislation

Section 13B Alteration of registers: pending elections.F1C1C2E1C3C4C5C6C7C8C9C10

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F2(1)

If, by virtue of section 13A(2) above F3or section 13BC(3) or (6) below, an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.

C11C12(F42)

Subsection (3) below applies where—

(a)

at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of F5paragraphs (za), (zb), (b), (c) and (d) of that subsection;

(b)

in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and

(c)

no alteration made in consequence of the determination, requirement or decision—

(i)

has already taken effect, or

(ii)

is due to take effect,

under subsection (2) of that sectionF6, or under section 13AB(3) or section 13BC(3) or (6), on or before the fifth day before the date of the poll.

(3)

In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)

the notice shall be so issued by him on the appropriate publication date; and

(b)

the alteration shall take effect as from the beginning of that day.

F7(3ZA)

In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.

(3ZB)

Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.

F8(3A)

Subsection (3B) below applies where—

(a)

at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and

(b)

in consequence of the notification—

(i)

an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)

his entry in the register requires to be altered.

(3B)

In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)

the notice shall be so issued by him when he receives the notification; and

(b)

the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3C)

Subsection (3D) below applies where—

(a)

at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;

(b)

the determination was made following a representation made by or on behalf of a person to the registration officer; and

(c)

in consequence of the determination—

(i)

an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)

his entry in the register requires to be altered.

(3D)

In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)

the notice shall be so issued by him when he makes the determination; and

(b)

the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3E)

In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

(4)

This section applies to the following elections—

(a)

parliamentary elections F9in England, Wales or Scotland,

F10(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

elections to the Scottish Parliament,

(d)

elections to the National Assembly for Wales, F11...

F12(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

local government elections in England, Wales or Scotland F13and

C13C14(g)

elections of police and crime commissioners in England and Wales.

(5)

In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    1. (a)

      the area for which the registration officer acts, or

    2. (b)

      if the election is held in only part of that area, the part of that area in question.

(6)

Section 119 below shall apply for the purposes of this section as if—

(a)

it were contained in Part II of this Act; and

(b)

each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

Annotations

Textual amendments

F1

Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2

S. 13B(1) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F3

Words in s. 13B(1) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 5(2); S.I. 2016/290, reg. 2

F4

S. 13B(2) substituted (E.W.S) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F5

Words in s. 13B(2)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 13 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F6

Words in s. 13B(2)(c) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 5(3); S.I. 2016/290, reg. 2

F7

S. 13B(3ZA)(3ZB) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 5(4); S.I. 2016/290, reg. 2

F8

S. 13B(3A)-(3E) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F9

Words in s. 13B(4)(a) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 6(1)(a), 31; S.I. 2008/1318, art. 2(2)(a)

F10

S. 13B(4)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F11

Word in s. 13B(4)(d) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 3; S.I. 2012/1129, art. 2(g)

F12

S. 13B(4)(e) repealed (14.5.2008) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 6(1)(d), 30(2), 31, Sch. 5; S.I. 2008/1318, art. 2(2)(a)

F13

S. 13B(4)(g) and preceding word inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 3; S.I. 2012/1129, art. 2(g)

Modifications

C1

Ss. 13-13B extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C2

S. 13B applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13B applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13B applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 13B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 13B applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 13B applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C3

S. 13B applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C4

S. 13B modified (16.12.2010) by The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 (S.I. 2010/2837), art. 1(2), Sch. 1 para. 18

C5

S. 13B modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 4 para. 2(1)

C6

S. 13B applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1

C7

S. 13B applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 (with reg. 27)

C8

S. 13B applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C9

S. 13B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C10

S. 13B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(2) (as substituted (9.6.2016) by S.I. 2016/636, regs. 1, 3(3))

C11

S. 13B(2)-(6) applied (with modifications) (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), s. 36, sch. 2 para. 17(3)

C12

S. 13B(2)-(6) applied (with modifications) (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, Sch. 1 para. 17(3)

C13

S. 13B(4)(g) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 7

C14

S. 13B(4)(g) excluded (29.6.2026) by 2011 c. 13, Sch. 10A para. 47 (as inserted by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 24 (with s. 102))

Extent

E1

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Notes on Part I

Modifications

C1

Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)

C2

Pt. 1 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)

C3

Pt. 1 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)

C4

Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)

C5

Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)

C6

Pt. 1 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)

C7

Pt. 1 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)

C8

Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)

C9

Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)

C10

Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)