Elections Act 2022

• (i) which falls within section 44(2)(b) (referendums), or

• (ii) which can reasonably be regarded as intended to achieve a purpose within section 45(2) (registered parties etc).

• (3) In the application of paragraph 23 of Schedule 19C to PPERA (use of statements made compulsorily) by virtue of this section, the reference in sub-paragraph (1) of that paragraph to Schedule 19B to that Act is to be read as including a reference to Schedule 12 to this Act.

• (4) In the application of paragraph 13(1)(a) of Schedule 1 to the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) by virtue of this section, the reference to PPERA and that Order is to be read as a reference to that Act and that Order as they are applied by this section.

Notice to take down electronic material in breach of section 41

51

• (1) This section applies if—

• (a) the Commission imposes a fixed monetary penalty under paragraph 1 of Schedule 19C to PPERA on a person in relation to an offence under section 48(1) in respect of any electronic material,

• (b) the Commission imposes a discretionary requirement under paragraph 5 of that Schedule on a person in relation to such an offence,

• (c) the Commission serves a stop notice under paragraph 10 of that Schedule on a person in relation to such an offence, or

• (d) the Commission accepts an undertaking under paragraph 15 of that Schedule from a person in relation to such an offence.

• (2) The Commission may give a notice in writing to a person by whom the electronic material is published requiring the person to take the action specified in the notice to remove the material, or to disable access to it, before the end of the period specified in the notice.

• (3) A person to whom a notice under subsection (2) has been given commits an offence if, without reasonable excuse, the person fails to comply with the notice.

• (4) A person guilty of an offence under subsection (3) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

• (5) The court by or before which a person is convicted of an offence under subsection (3) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.

• (6) This section is subject to section 52 (further provision about notices under this section).

Further provision about notice under section 51

52

• (1) Before giving a notice under section 51(2) to a person the Commission must give the person a notice in writing of its intention to do so.

• (2) The person may, within the period specified in the notice under subsection (1), make written representations to the Commission in relation to the proposal to give the person a notice under section 51(2).

• (3) The Commission may give the person a notice under section 51(2) only if—

• (a) the period for making representations has ended, and

• (b) having taken any representations made by the person into account, the Commission is still of the view that it should give the person the notice under section 51(2).

• (4) A notice under subsection (1) must include information as to—

• (a) the grounds for the proposal to give a notice to the person under section 51(2),

• (b) the proposed effect of such a notice,

• (c) the right to make representations, and

• (d) the period within which representations may be made.

• (5) The period specified under subsection (4)(d) must not be less than 14 days beginning with the day on which the notice is given.

• (6) A notice under section 51(2) must include information as to—

• (a) the grounds for serving the notice,

• (b) rights of appeal, and

• (c) the consequences of not complying with the notice.

• (7) The Commission may by notice in writing withdraw or vary a notice under section 51(2) at any time.

• (8) A person to whom a notice under section 51(2) has been given may appeal against the notice on the ground that—

• (a) the decision to give the notice was based on an error of fact,

• (b) the decision was wrong in law,

• (c) the decision was unreasonable, or

• (d) any action specified in the notice is unreasonable.

• (9) An appeal under subsection (8) is to—

• (a) in England and Wales, the county court,

• (b) in Scotland, a sheriff, or

• (c) in Northern Ireland, a county court.

• (10) On an appeal under subsection (8) the county court or the sheriff may—

• (a) withdraw, confirm or vary the notice, or

• (b) remit the decision whether to withdraw, confirm or vary the notice to the Commission.

Supply of information

53

• (1) Schedule 12 makes provision about the supply of information for the purposes of this Part.

• (2) Paragraphs 3 to 13 and 15 of Schedule 19B to PPERA (investigatory powers) apply in relation to an offence within section 50(2)(a) or (b) as they apply in relation to an offence under that Act.

Supplementary

Guidance

54

• (1) The Commission must prepare guidance about—

• (a) the operation of this Part, and

• (b) the exercise of functions by the Commission or a constable in relation to a breach or suspected breach of this Part.

• (2) The Commission or a constable must have regard to guidance issued under this section in exercising those functions.

• (3) Once the Commission has prepared draft guidance under this section, it must submit it to the Secretary of State for approval by the Secretary of State.

• (4) The Secretary of State may approve draft guidance either without modifications or with such modifications as the Secretary of State may determine.

• (5) Once the Secretary of State has approved draft guidance, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—

• (a) in its original form, or

• (b) in a form which incorporates any modifications determined under subsection (4).

• (6) If the draft guidance incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.

• (7) If, within the 40-day period, either House resolves not to approve the draft guidance, the Secretary of State must take no further steps in relation to the draft guidance.

• (8) Subsection (7) does not prevent new draft guidance from being laid before Parliament.

• (9) If no resolution of the kind mentioned in subsection (7) is made within the 40-day period—

• (a) the Secretary of State must issue the guidance in the form of the draft laid before Parliament,

• (b) the Commission must arrange for the guidance to be published in such manner as it considers appropriate, and

• (c) the guidance comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (10) The Commission—

• (a) may from time to time revise guidance under this section, and

• (b) must revise guidance under this section if directed to do so by the Secretary of State.

• (11) References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.

• (12) In this section “the 40-day period”, in relation to draft guidance, means—

• (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

• (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Information in Commission’s annual report

55

• (1) Each report by the Commission under paragraph 20 of Schedule 1 to PPERA must contain information about—

• (a) the convictions reported to the Commission under section 48(7), 49(6) or 51(5)during the year in question,

• (b) the orders made under section 49 (orders to take down electronic material) during that year,

• (c) the use made by the Commission of its powers under section 51 (notice to take down electronic material) during that year, and

• (d) the use made by the Commission of its powers under Schedule 12 (supply of information) during that year.

• (2) The report must, in particular, specify—

• (a) the cases in which a notice was given under section 51(2),

• (b) the cases in which a notice was given under paragraph 1 of Schedule 12, and

• (c) the cases in which an order under paragraph 2 or 3 of that Schedule was applied for or made.

• (3) This section does not require the Commission to include in a report any information that, in its opinion, it would be inappropriate to include on the ground that to do so—

• (a) would or might be unlawful, or

• (b) might adversely affect any current investigation or proceedings.

Notices

56

• (1) A notice which may be given to a person under this Part by the Commission or a constable may be given—

• (a) by delivering it to the person,

• (b) by leaving it at the person’s proper address,

• (c) by sending it by post to the person at that address, or

• (d) by sending it to the person by electronic means.

• (2) A notice to a body corporate may be given to an officer of that body.

• (3) A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.

• (4) A notice to an unincorporated association (other than a partnership) may be given to a member of the governing body of the association.

• (5) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—

• (a) in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;

• (b) in the case of a partnership, a partner or a person having the control or management of the partnership business, the address of the principal office of the partnership in the United Kingdom;

• (c) in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.

• (6) If a person has specified an address in the United Kingdom, other than the person’s proper address within the meaning of subsection (5), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under this Part, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person’s proper address.

• (7) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.

• (8) In this section—

• “officer” in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;

• “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Proceedings for an offence under this Part

57

• (1) Summary proceedings for an offence under this Part may, without prejudice to any jurisdiction exercisable apart from this subsection, be taken against any body, including an unincorporated association, at any place at which it has a place of business, and against an individual at any place at which the individual is for the time being.

• (2) Subsections (3) to (7) apply to—

• (a) an offence within section 50(2)(a) or (b) (offences in relation to which the Commission may exercise enforcement functions), and

• (b) an offence under section 49(4) or 51(3) (order or notice to take down electronic material).

• (3) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within three years after the commission of the offence and within six months after the relevant date.

• (4) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within three years after the commission of the offence and within six months after the relevant date; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

• (5) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within three years after the commission of the offence and within six months after the relevant date.

• (6) In subsections (3) to (5) “the relevant date” means the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the prosecutor’s knowledge.

• (7) For the purposes of subsection (6) a certificate of any prosecutor as to the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact.

• (8) Subsections (9) to (15) apply to an offence under this Part other than—

• (a) an offence within section 50(2)(a) or (b), or

• (b) an offence under section 49(4) or 51(3).

• (9) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980, if the offence is triable by a magistrates’ court in England and Wales, any information relating to the offence may be so tried if it is laid at any time within one year after the commission of the offence.

• (10) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings for the offence may be commenced in Scotland at any time within one year after the commission of the offence; and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.

• (11) Despite anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, if the offence is triable by a court of summary jurisdiction in Northern Ireland, a complaint relating to the offence may be so tried if it is made at any time within one year after the commission of the offence.

• (12) A magistrates’ court in England and Wales may act under subsection (13) if satisfied on an application by a constable or a Crown prosecutor—

• (a) that there are exceptional circumstances which justify the granting of the application, and

• (b) that there has been no undue delay in the investigation of the offence to which the application relates.

• (13) The magistrates’ court may extend the time within which proceedings must be commenced in pursuance of subsection (9) to not more than two years after the commission of the offence.

• (14) An application under subsection (12) must be made not more than one year after the commission of the offence.

• (15) Any party to an application under subsection (12) who is aggrieved by the refusal of the magistrates’ court to act under subsection (13) may appeal to the Crown Court.

Offences committed by bodies corporate

58

• (1) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a person who is a director, manager, secretary or other similar officer of the body corporate, or

• (b) a person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Offences committed by unincorporated associations etc

59

• (1) Proceedings for an offence alleged to have been committed under this Part by an unincorporated association are to be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if the association were a corporation.

• (2) A fine imposed on an unincorporated association on its conviction of an offence under this Part must be paid out of the funds of the association.

• (3) Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

• (4) Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

• (5) Where a partnership is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

• (6) Where any other unincorporated association is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) any officer of the association, or

• (b) any member of the committee or other similar governing body of the association,

the officer or member, as well as the association, is guilty of that offence and liable to be proceeded against and punished accordingly.

Regulations under this Part

60

• (1) The Secretary of State may make regulations under this Part only—

• (a) where the regulations give effect to a recommendation of the Commission, or

• (b) after consultation with the Commission.

• (2) Regulations under this Part—

• (a) are to be made by statutory instrument;

• (b) may make consequential, incidental, supplementary, transitional, transitory or saving provision.

• (3) A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (4) This section does not apply to regulations under section 54(9)(c).

Meaning of “the Commission”

61

In this Part “the Commission” means the Electoral Commission.

Part 7 — General

Representation of the People Act 1983

62

• (1) The Secretary of State must, within the review period—

• (a) prepare a report on the operation of this Act,

• (b) publish the report, and

• (c) lay a copy of the report before Parliament.

• (2) In subsection (1), “the review period” is the period—

• (a) beginning with the fourth anniversary of the day on which this Act is passed, and

• (b) ending with the fifth anniversary of that day.

Power to amend references to subordinate legislation etc

63

• (1) The Secretary of State may by regulations made by statutory instrument amend—

• (a) any provision of this Act, or

• (b) any provision inserted by this Act into another Act,

in consequence of the amendment or revocation of any subordinate legislation which is for the time being referred to in the provision.

• (2) In subsection (1), “subordinate legislation” means—

• (a) subordinate legislation within the meaning of the Interpretation Act 1978, or

• (b) an instrument made under—

• (i) an Act of the Scottish Parliament,

• (ii) a Measure or Act of Senedd Cymru, or

• (iii) Northern Ireland legislation.

• (3) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Financial provisions

64

• (1) There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

• (2) There is to be paid out of the Consolidated Fund any increase attributable to this Act in the sums payable under any other Act out of that Fund.

• (3) There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.

Interpretation etc

65

In this Act—

• “PPERA” means the Political Parties, Elections and Referendums Act 2000;

• “RPA 1983” means the Representation of the People Act 1983.

Extent

66

• (1) This Act extends to England and Wales, Scotland and Northern Ireland, subject to the following provisions of this section.

• (2) In Part 1—

• (a) the following provisions extend to England and Wales and Scotland only—

• (i) paragraphs 2, 7, 18, 22, 24, 27 to 32, 34, 36 and 38 of Schedule 1, and section 1 so far as relating to those paragraphs;

• (ii) section 3 and Schedule 3;

• (iii) paragraphs 8 and 10 of Schedule 4, and section 6 so far as relating to those paragraphs;

• (b) the following provisions extend to Northern Ireland only—

• (i) paragraphs 3, 11, 17, 26, 35, 37 and 39 of Schedule 1, and section 1 so far as relating to those provisions;

• (ii) paragraphs 9 and 11 of Schedule 4, and section 6 so far as relating to those paragraphs;

• (iii) paragraphs 32, 33, 47 and 48 of Schedule 6, and section 12 so far as relating to those paragraphs;

• (c) any amendment, repeal or revocation has the same extent as the enactment amended, repealed or revoked, except where contained in a provision for which a different extent is provided by this subsection.

• (3) Any amendment, repeal or revocation made by any of the following provisions has the same extent in the United Kingdom as the enactment amended, repealed or revoked—

• (a) Parts 3 and 4;

• (b) Schedule 7;

• (c) Parts 2 and 3 of Schedule 8;

• (d) Schedule 10.

• (4) In Part 1 of Schedule 8—

• (a) the amendments made by paragraph 1(1) and (5) extend to England and Wales only;

• (b) the amendments made by paragraph 1(2) to (4) and (7) to (12) extend to England and Wales and Northern Ireland only;

• (c) the amendment made by paragraph 1(6) extends to Northern Ireland only.

• (5) Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the amendments of that Act made by paragraph 8 of Schedule 10 as those subsections apply to the provisions of that Act.

MPs and recall petitions

67

• (1) Subject to subsection (3), the provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (2) Regulations under subsection (1) may appoint different days for different purposes or areas.

• (3) This Part comes into force on the day on which this Act is passed.

• (4) The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

• (5) Regulations under subsection (4) may make different provision for different purposes or areas.

Short title

68

This Act may be cited as the Elections Act 2022.

Schedule 1

Amendments of RPA 1983

1

RPA 1983 is amended as follows.

2

After section 13BC insert—

(13BD) (1) An application for an electoral identity document may be made by a person who— (a) is or has applied to be registered in a register of parliamentary electors in Great Britain or a register of local government electors in England, or (b) is or has applied to be registered in a register of local government electors in Wales and— (i) is entitled to vote or, as the case may be, will on being registered be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or (ii) will be entitled to vote or, as the case may be, will on being registered be entitled to vote, at such an election on attaining the age of 18. (2) An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant is or has applied to be registered. (3) A registration officer must, in accordance with regulations, determine an application made to the registration officer. (4) Regulations may make provision— (a) about the timing of an application for an electoral identity document; (b) about the issuing or collection of an electoral identity document. (5) Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election. (6) The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity document from a polling station. (7) No charge may be made for the issue of an electoral identity document. (8) Regulations must require an electoral identity document issued to a person— (a) to state the person’s full name, and (b) to contain a photograph of the person. (9) Regulations may require an electoral identity document to include other information. (10) Regulations may make provision about— (a) the form of an electoral identity document (including provision for the document to be issued in different forms in different circumstances), and (b) the period for which an electoral identity document issued in a particular form is to be valid. (11) Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an electoral identity document). (13BE) (1) An application for an anonymous elector’s document may be made by a person who— (a) has or has applied for an anonymous entry in a register of parliamentary electors in Great Britain or a register of local government electors in England, or (b) has or has applied for an anonymous entry in a register of local government electors in Wales and— (i) is entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or (ii) will be entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at such an election on attaining the age of 18. (2) An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant has or has applied for an anonymous entry. (3) A registration officer must, in accordance with regulations, determine an application made to the registration officer. (4) Regulations may make provision— (a) about the timing of an application for an anonymous elector’s document; (b) about the issuing or collection of an anonymous elector’s document. (5) Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election. (6) The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an anonymous elector’s document from a polling station. (7) No charge may be made for the issue of an anonymous elector’s document. (8) Regulations must require an anonymous elector’s document issued to a person— (a) to state the person’s electoral number, and (b) to contain a photograph of the person. (9) Regulations may require an anonymous elector’s document to include other information. (10) Regulations may make provision about— (a) the form of an anonymous elector’s document (including provision for the document to be issued in different forms in different circumstances), and (b) the period for which an anonymous elector’s document issued in a particular form is to be valid. (11) Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an anonymous elector’s document). (12) Regulations— (a) may authorise or require a registration officer to remind a person who has an anonymous entry in a register maintained by the officer of the need to obtain an anonymous elector’s document in order to be able to vote in person; (b) may require a registration officer, in prescribed circumstances, to replace an anonymous elector’s document issued to a person with a new anonymous elector’s document issued by the officer.

3

• (1) Section 13C (electoral identity card: Northern Ireland) is amended as follows.

• (2) In subsection (2)—

• (a) omit the “and” after paragraph (a);

• (b) omit paragraph (b).

• (3) After subsection (3) insert—

(3A) Regulations may make provision about the issuing or collection of an electoral identity card. (3B) The provision that may be made by virtue of subsection (3A) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity card from a polling station.

• (4) In subsection (4), in paragraph (d), before “include” insert “subject to provision made by virtue of subsection (4A),”.

• (5) After subsection (4) insert—

(4A) Regulations may make provision— (a) about the information to be included in an electoral identity card; (b) about the form of an electoral identity card (including provision for the card to be issued in different forms in different circumstances).

4

• (1) Section 13CZA (provision of false information: application for electoral identity card), as extended by paragraph 38 of this Schedule, is amended as follows.

• (2) For subsection (1) substitute—

(1) A person commits an offence if the person provides false information in connection with— (a) an application under section 13BD for an electoral identity document, (b) an application under section 13BE for an anonymous elector’s document, or (c) an application under section 13C for an electoral identity card.

• (3) For subsection (5) substitute—

(5) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both). (6) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to six months.

• (4) In the heading, after “application for” insert “electoral identity document, anonymous elector’s document or”.

5

In section 56 (registration appeals: England and Wales), in subsection (1), after paragraph (ab) insert—

(ac) from a determination of a registration officer not to issue— (i) an electoral identity document following an application under section 13BD, or (ii) an anonymous elector’s document following an application under section 13BE,

.

6

In section 58 (registration appeals: Northern Ireland), in subsection (1), after paragraph (ba) insert—

(bb) from a determination of the Chief Electoral Officer not to issue an electoral identity card following an application under section 13C;

.

7

After section 59 (supplemental provisions as to members of forces and service voters) insert—

(59A) (1) The Secretary of State must prepare and publish reports on the effect of the voter identification requirements on applications made under rule 37(1), 38(1), 39(1) or 40(1) of the parliamentary elections rules. (2) The duty under subsection (1) applies in respect of each of the first two parliamentary general elections that are held after the day on which paragraph 7 of Schedule 1 to the Elections Act 2022 comes into force. (3) Subsection (4) applies where requirements corresponding to the voter identification requirements (“the corresponding requirements”) have effect in relation to local government elections in England by virtue of rules made under section 36. (4) The Secretary of State must prepare and publish reports on the effect of the corresponding requirements on applications made under the provisions of rules made under section 36 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules. (5) The duty under subsection (4) applies in respect of the first ordinary elections of councillors for local government areas in England that— (a) are held on an ordinary day of election (as determined under section 37) after the day on which the corresponding requirements come into force, and (b) are not combined with a parliamentary general election. (6) In preparing a report under this section, the Secretary of State must in particular take into account— (a) in the case of a report under subsection (1), information provided to the Secretary of State under rule 40B of the parliamentary elections rules (collection and disclosure of information relating to applications under rules 37 to 40); (b) in the case of a report under subsection (4), information provided to the Secretary of State under any provision of rules made under section 36 corresponding to rule 40B of the parliamentary elections rules. (7) In this section, “the voter identification requirements” means paragraphs (1A) to (1T) of rule 37 of the parliamentary elections rules (voting procedure) as it extends to England and Wales and to Scotland (including those paragraphs as applied by rule 38, 39 or 40 of those rules).

8

• (1) Section 61 (other voting offences) is amended as follows.

• (2) In subsection (6), after “deemed to have voted” insert “(but see subsection (6ZA))”.

• (3) After subsection (6) insert—

(6ZA) For the purpose of determining whether an application for a ballot paper constitutes an offence under any of the multiple voting provisions, a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity. (6ZB) In subsection (6ZA), “the multiple voting provisions” means subsections (2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c).

9

In section 66B (failure to comply with conditions relating to supply etc of certain documents), in subsection (1)(a), after “rule” insert “19B, 56A or”.

10

Schedule 1 (Parliamentary elections rules) is amended in accordance with paragraphs 11 to 33.

11

After rule 19A insert—

(19B) (1) The Chief Electoral Officer for Northern Ireland must prepare the following lists for each polling station— (a) a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b); (b) a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision. (2) For the purposes of paragraph (1)(b), “relevant provision” means— (a) where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b), and (b) where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985. (3) A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at the polling station to make a decision under rule 37(1B)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age). (4) A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules (including regulations under paragraph (6))— (a) permit a list prepared under paragraph (1) for a polling station to be inspected; (b) supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list; (c) make use of information contained in a list prepared under paragraph (1). (5) This paragraph applies to— (a) the Chief Electoral Officer for Northern Ireland; (b) a person to whom functions are delegated by the Chief Electoral Officer; (c) the presiding officer of the polling station; (d) a clerk or other officer appointed to work at the polling station. (6) Regulations may make provision— (a) enabling the inspection of a list prepared under paragraph (1) by prescribed persons; (b) authorising or requiring prescribed persons to supply a copy of a list prepared under paragraph (1) to such persons as may be prescribed; (c) for the payment of a fee in respect of the inspection of a list or the supply of a copy of a list. (7) Regulations under paragraph (6)(a) or (b) may impose conditions in relation to— (a) the inspection of a list; (b) the supply of a copy of a list; (c) the purposes for which information contained in a list that is inspected or supplied in pursuance of the regulations may be used. (8) The conditions that may be imposed by virtue of paragraph (7)(b) include conditions relating to the extent to which a person to whom a copy of a list has been supplied may— (a) supply the copy to any other person, (b) disclose to any other person information contained in the copy, or (c) use any such information for a purpose other than that for which the copy was supplied to the person. (9) Regulations under paragraph (6) may also impose, in respect of persons to whom a copy of a list has been supplied or information has been disclosed by virtue of paragraph (8), conditions corresponding to those mentioned in paragraph (8).

12

In rule 25 (provision of polling stations), after paragraph (5) insert—

(6) The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

13

• (1) Rule 26 (appointment of presiding officers and clerks) is amended as follows.

• (2) In paragraph (3), for the words from “except” to the end substitute

except— (a) order the arrest of any person or the exclusion or removal of any person from the polling station, (b) refuse to deliver a ballot paper under rule 35(3) or the relevant paragraph of rule 37, or (c) resolve doubts over identity as mentioned in the relevant paragraph of rule 37.

• (3) After paragraph (3) insert—

(4) In paragraph (3), “the relevant paragraph of rule 37” means— (a) in sub-paragraph (b)— (i) paragraph (1E) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40); (ii) paragraph (1C) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40); (b) in sub-paragraph (c)— (i) paragraph (1F) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40); (ii) paragraph (1DA) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40).

14

In rule 28 (issue of official poll cards), after paragraph (3) insert—

(3ZA) In the case of a form prescribed under paragraph (3) that relates to— (a) elections in England and Wales or Scotland, and (b) an official poll card to be sent to an elector or proxy voting in person at a polling station, the form must include details of the documents the voter needs to bring to the polling station, namely— (i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H); (ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.

15

• (1) Rule 29 (equipment of polling stations) is amended as follows.

• (2) In paragraph (3), after sub-paragraph (e) insert—

(f) in the case of an election held in Northern Ireland, the lists prepared for the polling station under rule 19B.

• (3) After paragraph (3) insert—

(3ZA) In the case of an election held in England and Wales or Scotland, the returning officer must also provide each polling station with a prescribed form (referred to in these rules as “the ballot paper refusal list”) on which entries are to be made as mentioned in rule 40ZB (refusal to deliver ballot paper: Great Britain).

• (4) After paragraph (4) insert—

(4A) In the case of an election held in England and Wales or Scotland, a large notice must be displayed inside each polling station containing— (a) details of the documents the voter needs to produce when applying for a ballot paper, namely— (i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H); (ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card, and (b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a specified form of identification and the name of the elector or proxy that the voter claims to be.

16

• (1) Rule 35 (questions to be put to voters) is amended as follows.

• (2) In the table following paragraph (1), in the column headed “Questions”, in entry 1 (electors), entry 2 (proxies), entry 3 (proxies for an elector with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

(za) At an election held in England and Wales or Scotland, “What is your name?” (zb) At an election held in England and Wales or Scotland, “What is your address?”

• (3) Before paragraph (3) insert—

(2B) In the case of an election held in England and Wales or Scotland, where a clerk— (a) gives a person the required information (see paragraph (5)), (b) puts a question specified in paragraph (1) to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.

• (4) For paragraph (3) substitute—

(3) Where the presiding officer— (a) gives a person the required information, (b) puts a question specified in paragraph (1) to the person (whether or not, in the case of an election held in England and Wales or Scotland, following a referral under paragraph (2B)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person. In the case of an election held in England and Wales or Scotland, see rule 40ZB (procedure where ballot paper is refused under this paragraph). (3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of parliamentary electors; (b) where both those questions are put, the answers match a name and address in that register that relate to the same person. (3B) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D), the references to the register in paragraph (3A) above are to be read as references to the notice issued under section 13B(3B) or (3D).

• (5) In paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote)”.

• (6) After paragraph (4) insert—

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that— (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.

17

• (1) Rule 37 (voting procedure), as it extends to Northern Ireland, is amended as follows.

• (2) For the heading substitute “Voting procedure and voter identification requirements: Northern Ireland”.

• (3) After paragraph (1A) insert—

(1AA) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

• (4) In paragraph (1B), for the words from “the officer” to the end substitute

— (a) the officer or clerk decides that— (i) the document, or (ii) the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (1DC)), raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the officer or clerk reasonably suspects that the document is a forged document (see paragraph (1EA)).

• (5) In paragraph (1C)—

• (a) after “decides” insert “or reasonably suspects (as the case may be)”;

• (b) after “voter” insert “(subject to paragraph (1DA))”.

• (6) In paragraph (1D), after “decides” insert “or reasonably suspects (as the case may be)”.

• (7) After paragraph (1D) insert—

(1DA) There is an exception from paragraph (1C) for cases within sub-paragraph (a) of paragraph (1B) where— (a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be. (1DB) The refusal to deliver a ballot paper under paragraph (1C) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1DA) apply on any further application. (1DC) For the purposes of paragraph (1B)(a)(ii), “relevant provision” means— (a) where the voter is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act, and (b) where the voter is registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.

• (8) In paragraph (1E)—

• (a) for “one which” substitute “a document (in whatever form issued to the holder and regardless of any expiry date) which”;

• (b) in sub-paragraph (j), after “a” insert “Registered Blind SmartPass or”;

• (c) in sub-paragraph (k), after “a” insert “War Disablement SmartPass or”;

• (d) after sub-paragraph (l) insert—

(m) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004; (n) a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.

• (9) After paragraph (1E) insert—

(1EA) In this rule a “forged document” means a false document made to resemble a specified document.

• (10) After paragraph (1F) insert—

(1FA) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

18

• (1) Rule 37 (voting procedure), as it extends to England and Wales and to Scotland, is amended as follows.

• (2) For the heading substitute “Voting procedure and voter identification requirements: Great Britain”.

• (3) In paragraph (1)—

• (a) for “A” substitute “Subject to rule 35(3) and to paragraphs (1A) to (1P), a”, and

• (b) omit sub-paragraph (a).

• (4) After paragraph (1) insert—

(1A) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk. (1B) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter. (1C) Paragraph (1D) applies in relation to a voter where— (a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document (see paragraph (1P)). (1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place. (1E) The presiding officer must refuse to deliver a ballot paper to a voter where— (a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document. See rule 40ZB (procedure where ballot paper is refused under this paragraph). (1F) But there is an exception from paragraph (1E) for cases within sub-paragraph (a) of that paragraph where— (a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be. (1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application. (1H) In this rule a “specified document”, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph (1K)), means any of the following documents (in whatever form issued to the holder) that contain a photograph of the holder— (a) a United Kingdom passport (see paragraph (1I)); (b) a passport issued by an EEA state or a Commonwealth country; (c) a licence to drive a motor vehicle granted under— (i) Part 3 of the Road Traffic Act 1988, or (ii) the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (N.I. 1)); (d) a driving licence issued by any of the Channel Islands, the Isle of Man or an EEA state; (e) a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007; (f) an identity card bearing the Proof of Age Standards Scheme hologram (a PASS card); (g) a Ministry of Defence Form 90 (Defence Identity Card); (h) a relevant concessionary travel pass (see paragraph (1J)); (i) a badge of a form prescribed under section 21 of the Chronically Sick and Disabled Persons Act 1970 or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (blue badge scheme); (j) an electoral identity document issued under section 13BD (electoral identity document: Great Britain); (k) an electoral identity card issued under section 13C (electoral identity card: Northern Ireland); (l) a national identity card issued by an EEA state. (1I) In paragraph (1H)(a) “United Kingdom passport” means a passport issued by— (a) the Government of the United Kingdom, (b) the Lieutenant-Governor of any of the Channel Islands or the Isle of Man, or (c) the Government of any British overseas territory. (1J) In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table—

passes funded by the Government of the United Kingdom	an Older Person’s Bus Pass
passes funded by the Government of the United Kingdom	a Disabled Person’s Bus Pass
passes funded by the Government of the United Kingdom	an Oyster 60+ card
passes funded by the Government of the United Kingdom	a Freedom Pass
passes funded by the Scottish Government	the National Entitlement Card
passes funded by the Welsh Government	a 60 and Over Welsh Concessionary Travel Card
passes funded by the Welsh Government	a Disabled Person’s Welsh Concessionary Travel Card
passes issued under the Northern Ireland Concessionary Fares Scheme	a Senior SmartPass
passes issued under the Northern Ireland Concessionary Fares Scheme	a Registered Blind SmartPass or Blind Person’s SmartPass
passes issued under the Northern Ireland Concessionary Fares Scheme	a War Disablement SmartPass or War Disabled SmartPass
passes issued under the Northern Ireland Concessionary Fares Scheme	a 60+ SmartPass
passes issued under the Northern Ireland Concessionary Fares Scheme	a Half Fare SmartPass

(1K) In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which— (a) was issued by an appropriate registration officer, and (b) contains the voter’s electoral number. (1L) For the purposes of paragraph (1K)— - “appropriate registration officer” means—the registration officer for the constituency in which the election is being held, orwhere the election is being held in a constituency for which there is more than one registration officer, any of those officers; - a voter’s “electoral number” is the number—allocated to the voter as stated in the copy of the register of electors, orwhere an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice. (1M) A reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it (subject to paragraph (1N)). (1N) Paragraph (1M) does not apply to a document which— (a) is referred to in paragraph (1H)(j) or (1K), and (b) in accordance with regulations made by virtue of section 13BD or 13BE (as the case may be), is issued for use only at a particular poll or at particular polls being held on the same day. (1P) In this rule a “forged document” means a false document made to resemble a specified document. (1Q) Regulations may make provisions varying paragraph (1H), (1I) or (1J) by— (a) adding a reference to a document to any of those paragraphs, (b) removing a reference to a document from any of those paragraphs (other than the document referred to in paragraph (1H)(j)), or (c) varying any description of document referred to in any of those paragraphs. (1R) The power to make provision by virtue of paragraph (1Q)(b) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission. (1S) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter. (1T) References in this rule to producing a document are to producing it for inspection.

• (5) In paragraph (2), omit the words from “and only” to the end.

• (6) In paragraph (3), omit sub-paragraph (a).

19

In rule 38 (votes marked by presiding officer), for paragraph (1A) substitute—

(1A) The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if— (a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and (b) in rule 37(1G) as it extends to England and Wales and to Scotland, and in rule 37(1DB) as it extends to Northern Ireland, the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule. (1B) In paragraph (1A), “the relevant paragraphs of rule 37” means— (a) paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland; (b) paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.

20

In rule 39 (voting by persons with disabilities), for paragraph (2A) substitute—

(2A) The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if— (a) references to delivering a ballot paper to a voter were to granting a voter’s application, and (b) in rule 37(1G) as it extends to England and Wales and to Scotland, and in rule 37(1DB) as it extends to Northern Ireland, the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule. (2B) In paragraph (2A), “the relevant paragraphs of rule 37” means— (a) paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland; (b) paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.

21

• (1) Rule 40 (tendered ballot papers) is amended as follows.

• (2) For paragraph (1A) substitute—

(1A) The relevant paragraphs of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 37(1), subject to the modification set out in paragraph (1AA). (1AA) The modification is that— (a) in rule 37(1G) as it extends to England and Wales and to Scotland, and (b) in rule 37(1DB) as it extends to Northern Ireland, the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made. (1AB) In paragraph (1A), “the relevant paragraphs of rule 37” means— (a) paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland; (b) paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.

• (3) In paragraph (1B), after “where” insert “, at an election held in Northern Ireland”.

22

After rule 40ZA insert—