Explanatory note

These Regulations amend the Representation of the People Regulations 1986 (“the Regulations of 1986”). They extend to England and Wales only.

Regulation 12 of these Regulations replaces the provisions in regulation 25 of the Regulations of 1986 about the attestation of declarations made by overseas electors. In place of the requirement for such declarations to be attested by an overseas attesting officer (as to these officers, see regulation 24 of the Regulations of 1986), the provision substituted by regulation 12 requires such declarations as need to be attested (as to which, see regulation 25(1), as substituted) to be attested by a British citizen who satisfies the conditions in regulation 25(2), as substituted. Regulation 11 of these Regulations substitutes a provision (for the redundant regulation 24) whereby overseas electors who by reason only of age were incapable of being included in a register of electors before leaving the United Kingdom are required to send a copy of their birth certificates with their overseas electors' declarations prior to their first registration. The franchise was extended to such persons by sections 2 and 3 of the Representation of the People Act 1989. By virtue of the Representation of the People Act 1989 (Commencement No. 2) Order 1990 (S.I. 1990/519), sections 1 to 4 of that Act come into force on 1st April 1990. Regulations 4, 8, 10, 13, 14, 16 and 37 of these Regulations make amendments to the Regulations of 1986 which are consequential on, or ancillary to, the changes made by those sections and the regulations explained in this paragraph.

Regulation 15 of these Regulations inserts a provision into the Regulations of 1986 whereby a registration officer is obliged to send reminders to persons registered in pursuance of overseas electors' declarations of the need to make a fresh declaration in order to be registered in the next register of electors.

The effect of the changes made by regulation 21 of these Regulations is to abolish the general requirement that applications for a postal or proxy vote for a particular parliamentary or local government election must be attested. However, the requirement for attestation is retained in respect of one of the two categories of persons for whom a later deadline for the receipt of such applications by the registration officer is set (as to which, see the amendments made by regulation 21 and regulation 22(2) of these Regulations). Attestation is required in respect of persons whose claim for a postal or proxy vote relates to their health on polling day when the relevant circumstances could not have been reasonably foreseen earlier.

Regulation 5 of these Regulations abolishes the requirement under the Regulations of 1986 whereby, during the period of a parliamentary election, the duties of a registration officer who is not the acting returning officer were discharged by the registration officer who is the acting returning officer. It replaces the requirement with an obligation to supply the lists referred to therein.

Regulations 7, 18(1), 19(2) and (3) and 20(1)(a), (2) and (3) of these Regulations increase the fees therein referred to.

Regulation 17 of these Regulations, together with regulations 19(1) and 20(1)(b), concern the supply of the register of electors (and data etc. derived from it) to the returning officer at county council elections. Regulation 18(2) of these Regulations adds a provision whereby registration officers are obliged to supply, on payment of a fee, copies of the register to persons who satisfy the conditions therein set out.

Paragraphs (2) and (3)(b) of regulation 30 of these Regulations extend the matters in respect of which special provision can be made in the scale of charges for returning officers at an election where the poll is taken together with the poll at some other election. Regulation 32 of these Regulations substitutes the form set out in Schedule 2 for the form of return by an occupier as to residents (form A in Schedule 2 to the Regulations of 1986).

Regulations 6, 9, 22(3)(b), (c) and (d), 23, 25, 27, 28(2) and (3), 31(2) to (5) and 33 to 36 of these Regulations either seek to clarify the drafting of the Regulations of 1986 or the wording of certain forms (the official poll card and declarations of identity) in Schedule 2 to those Regulations or correct errors or omissions in those Regulations.

Regulations 24, 26, 28(1), 29, 30(1) and (3)(a) and 31(1) of these Regulations are consequential on the repeal of the provisions in primary legislation relating to elections to the Inner London Education Authority (see Part I of Schedule 13 to the Education Reform Act 1988 (c. 40)).