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The Representation of the People (Electoral Registration without Applications) (Electoral Reform) (Wales) Regulations 2026

W.S.I. 2026/132 · Made 4 November 2026

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REPRESENTATION OF THE PEOPLE, WALES

Made 4 November 2026

Coming into force 5 November 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 18(3) and (5), 19(1) and 21 of the Elections and Elected Bodies (Wales) Act 2024 (“the 2024 Act”)f1.

In accordance with section 18(1) of the 2024 Act, the Welsh Ministers consider, in the light of a report made by the Electoral Commission under section 17 of the 2024 Act on the operation of the Representation of the People (Electoral Registration without Applications) (Pilot Scheme) (Wales) Regulations 2025 (“the Pilot Regulations”)f2, that it would be desirable to achieve the reform outcome and make provision similar to that made by the Pilot Regulations to apply generally, and on a permanent basis, in Wales.

In accordance with the Senedd approval procedure applied by section 19(3) of the 2024 Act, a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Annotations to the whole text

Footnotes

f1

2024 asc 5.

f2

S.I. 2025/38 (W. 12).

Contents

  1. 1Title and coming into force
  2. 2Amendment to the Representation of the People Act 1983
  3. 3Amendments to the Representation of the People (England and Wales) Regulations 2001
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Regulation 6
  7. Signature
  8. Explanatory note

1Title and coming into force

(1)

The title of these Regulations is the Representation of the People (Electoral Registration without Applications) (Electoral Reform) (Wales) Regulations 2026.

(2)

These Regulations come into force on the day after the day on which these Regulations are made.

2Amendment to the Representation of the People Act 1983

In section 9ZA(4) of the Representation of the People Act 1983f1, for “60” substitute “28”.

3Amendments to the Representation of the People (England and Wales) Regulations 2001

The Representation of the People (England and Wales) Regulations 2001f1 are amended in accordance with regulations 4 to 6.

4

In regulation 32 (registration appeals), in paragraph (1), after “(aa)” insert “, (azaa)”.

5

After regulation 37 insert—

“Registration without applications

Identification of unregistered electors

37A
(1)

In connection with the duty under section 9ZA of the 1983 Act (duty to register eligible local government electors in Wales), a registration officer must, in relation to the area for which the officer is responsible, take the steps the officer considers necessary to identify the names and addresses of persons not registered in the register of local government electors maintained by the registration officer.

(2)

However, the registration officer must, at least once in a calendar year, inspect any records held by any person which the registration officer is permitted to inspect under, or by virtue of, any enactment, including the use of the data sources available to them by virtue of regulations 35 and 35A.

(3)

Other steps that may be taken to identify unregistered persons include—

(a)

sending paper communications to the addresses of unregistered persons;

(b)

visiting the addresses of unregistered persons;

(c)

where the registration officer holds a telephone number for a person aged 18 or over, who the registration officer believes is unregistered but entitled to be registered, the making of a telephone call to that person, or

(d)

sending electronic communications to unregistered persons.

(4)

For the purposes of this regulation a registration officer may rely on as many sources of data as the officer considers sufficient for the purposes of identifying an unregistered elector.

(5)

Before giving notice to a person under section 9ZA(3) of the 1983 Act, a registration officer must be able to locate matching data from at least two sources which identify the unregistered elector (but see paragraph (7)).

(6)

In this regulation “matching data” includes in relation to the person—

(a)

the person’s full name;

(b)

where held by the registration officer, the person’s date of birth;

(c)

the address, including postcode of the property at which the person is residing;

(d)

where held by the registration officer, the unique property reference number of the property at which the person is residing;

(e)

any other information held by the registration officer which relates to the person’s potential entry in the register.

(7)

Paragraph 5 does not apply and the registration officer may give the notice of registration in accordance with section 9ZA(3) of the 1983 Act without the need for matching data if—

(a)

there is information available to the registration officer from any education record relating to the person, and

(b)

that information is sufficient to satisfy the registration officer as to the person’s identity and entitlement to be registered.

Processing of information provided or accessed in connection with registration under section 9ZA of the 1983 Act

37B
(1)

If a person is required to provide an original document under regulation 37A the registration officer must make a copy of that document and return the original document to the person who provided it.

(2)

Information disclosed under regulation 37A may not be disclosed to any other person, except—

(a)

for the purpose of determining the person’s entitlement to be registered under section 9ZA of the 1983 Act;

(b)

for the purpose of any civil or criminal proceedings.

(3)

A person who discloses information in breach of paragraph 2 is guilty of an offence and liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding one year, or a fine, or to both;

(b)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates court, or to a fine not exceeding the statutory maximum, or to both.

(4)

In this regulation “copy” includes an electronic copy.

Notice of Registration

37C
(1)

A notice given under section 9ZA(3) of the 1983 Act must include—

(a)

a statement that any information collected or provided for the purpose of the duty under section 9ZA of the 1983 Act will be processed in accordance with the data protection legislation;

(b)

where the person is under the age of 16, an explanation of how the person’s information will be held and used;

(c)

a statement that, if the person is not entitled to be registered, that person must, before the end of the notice period, inform the registration officer of that fact;

(d)

a request that any other person who receives the notice who is resident at the address to which the notice is addressed inform the registration officer if the person to whom the notice is addressed is not resident at that address;

(e)

the date of the last day of the notice period;

(f)

details of how to apply for inclusion in the Parliamentary register of electors for a constituency in Wales, and

(g)

the registration officer’s contact details.

(2)

Where the person to be registered resides at a property to which regulation 32ZBF(2) applies, the registration officer may give a copy of the notice of registration to the responsible person in respect of the property.

(3)

A registration officer may, during the notice period, send a reminder to the person to whom the notice period applies, or the responsible person to whom a copy of the notice was given, reminding them of any or all of the matters mentioned in section 9ZA(3) of the 1983 Act and paragraph (1) of this regulation, as the registration officer considers appropriate.

(4)

For the purposes of this regulation “responsible person” has the same meaning as in regulation 32ZBF(8).

(5)

A notice of registration and any reminders must be made in writing, which must be given by sending the notice to the person’s address.”

6

In regulation 42 (marking of names)—

(a)

in paragraph (1), after “Paragraphs” insert “(2A),”;

(b)

after paragraph (2) insert—

“(2A)

To indicate that a person has been registered only in the register of local government electors in Wales, in accordance with section 9ZA of the 1983 Act, the letter “J” shall be placed against the person’s entry.”

Signature

Siân Gwenllian

Cabinet Minister for Local Government, Housing and Planning, one of the Welsh Ministers

4 November 2026

Explanatory note

(This note is not part of the Regulations)

As part of the introduction of electoral registration without applications, under the changes made by the Elections and Elected Bodies (Wales) Act 2024 (“the 2024 Act”), the Welsh Ministers conducted pilot schemes in accordance with the Representation of the People (Electoral Registration without Applications) (Pilot Scheme) (Wales) Regulations 2025 (“the Pilot Regulations”), for the purpose of testing, in specified areas and for a specified period, how the changes brought in by Chapter 2 of Part 1 of the 2024 Act (electoral registration without applications) will work in practice.

In accordance with section 18(1) of the 2024 Act, following the conclusion of these pilot schemes, the Welsh Ministers consider it desirable to make these Regulations to achieve the reform outcome.

As provided in section 18(2) of the 2024 Act, the reform outcome is for provision similar to that contained in the Pilot Regulations to apply electoral registration without applications generally, and permanently, across Wales.

These Regulations will work alongside the provisions brought in by Chapter 2 of Part 1 of the 2024 Act, which will be brought into force on 1 October 2026 by the Elections and Elected Bodies (Wales) Act 2024 (Commencement No. 3) Order 2026.

In the making of these Regulations, the Welsh Ministers have considered the findings of a report made by the Electoral Commission under section 17 of the 2024 Act on the operation of the Pilot Regulations and where appropriate its recommendations are incorporated within these Regulations.

Regulation 2 amends the Representation of the People Act 1983 (“the 1983 Act”) to specify that “the notice period” in section 9ZA(4) is to be 28 days beginning with the day on which the notice of registration under section 9ZA(3) is given. Persons who receive this notice will have a 28-day notice period during which they may choose to exercise the right to opt out of registration without applications or to consider applying for anonymous registration. If at the end of that period a person has not taken either of these options and remains entitled to be registered then they must be added to the register.

Regulations 3 to 6 make amendments to the Representation of the People (England and Wales) Regulations 2001 to prescribe additional steps which electoral registration officers will be required to undertake in connection with the new registration duty. This includes requiring the disclosure of information to decide whether a person is eligible to be included in the register for the purpose of section 9ZA of the 1983 Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.