OpenLegislation

Section 9B Anonymous registrationF1E1C1C2C3

United Kingdom

(F21)

An application under this section (an application for an anonymous entry) may be made—

(a)

by any person, in conjunction with an application for registration under section 10ZC F3or 10A(1)(a), or

(b)

by a person who already has an anonymous entry, for the purposes of remaining registered with such an entry (see section 9C(3)).

(1A)

An application for an anonymous entry must be made in accordance with prescribed requirements and must be accompanied by—

(a)

a declaration made in accordance with prescribed requirements, and

(b)

such evidence in support as may be prescribed.

(2)

A registration officer who receives an application for an anonymous entry must determine whether the safety test is satisfied (unless, in the case of an application under subsection (1)(a), the person's application for registration has been rejected otherwise than by virtue of this section).

(3)

If the registration officer determines that the safety test is satisfied—

(a)

section 9(2) above does not apply in relation to the person; and

(b)

the person's entry in the register shall instead contain letters in the prescribed form and his electoral number.

(4)

An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry.

(5)

If an anonymous entry is made in respect of a person F4as the result of an application under subsection (1)(a), the registration officer shall remove any other entry in the register for that person.

(F56)

If a person makes an application under subsection (1)(a) and the registration officer determines that the safety test is not satisfied, no entry is to be made in the register as a result of the person's application under section 10ZC F6or 10A(1)(a) (whether an anonymous entry or otherwise).

(7)

Subsection (6) above does not affect—

(a)

any other entry in the register for the person;

(b)

the determination of any further application for registration which is made by the person F7(including an application which is treated as having been made by him by virtue of section 10A(2) below) F8...

C4(8)

Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

(9)

F9Subsection (8) does not apply to a communication relating only to a local government election in Scotland.

(10)

The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address.

(11)

In this section, “determines” means determines in accordance with regulations.

Annotations

Textual amendments

F1

Ss. 9B, 9C inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 1 (subject to transitional provisions in art. 6, Sch. 2)

F2

S. 9B(1)(1A)(2) substituted for s. 9B(1)(2) (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. 7(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F3

Words in s. 9B(1)(a) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 3(2)(a)

F4

Words in s. 9B(5) inserted (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. 7(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F5

S. 9B(6) 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. 7(4) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F6

Words in s. 9B(6) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 3(2)(b)

F7

Words in s. 9B(7)(b) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 3(2)(c)

F8

Words in s. 9B(7)(b) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(5) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F9

S. 9B(9) repealed (S.) (29.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 20(a), 63(2); S.S.I. 2007/26, art. 2(1)(g)

Modifications

C1

S. 9B extended (N.I.) (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(1)

C2

S. 9B 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))

C3

S. 9B applied (with modifications) by The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (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.; and as amended (15.9.2014) by S.I. 2014/1803, regs. 1(1), 8(2)(a))

C4

S. 9B(8) modified by Local Government Act 1972 (c. 70), Sch. 12 para. 29A(6)(b) (as inserted (W.) (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 97, 178(3); S.I. 2012/1187, art. 2(1)(k))

Extent

E1

S. 9B: the extent of this provision is changed to E.W.S.N.I. at 15.9.2014 as a result of its extension to N.I. by S.I. 2014/1116, art. 2(1)

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)