LegalizeThe Electoral Registration Data Schemes Order 2011
Made: 9th June 2011
Coming into force in accordance with article 1
In accordance with section 35(10) of that Act, a draft of this Order has been laid before and approved by each House of Parliament.
Citation, commencement and interpretation
1
This Order may be cited as the Electoral Registration Data Schemes Order 2011 and comes into force on the day after the day on which it is made.
2
In this Order—
- “the Act” means the Political Parties and Elections Act 2009;
- “area” means— in England, a district or London borough; in Wales, a county or county borough; in Scotland, a local government area;
- “the table” means the table set out in the Schedule.
Schemes
3
Subject to article 4, at any time before 1st December 2011 a person mentioned in the second column of the table (“the authority”) may provide to the registration officer for the area mentioned in the corresponding entry in the first column information described in the corresponding entry in the third column (“data”) which relates to addresses in that area, for the purpose mentioned in section 35(2) of the Act.
Agreements as to processing of data
4
- (1) The authority may provide data to the registration officer under article 3 only if the authority and the registration officer have agreed in writing, in relation to the scheme, requirements as to the processing of data, including requirements as to the transfer, storage, destruction and security of data.
- (2) An agreement under paragraph (1) must make provision for the consequences of a failure to comply with such requirements, and those consequences may include the suspension or termination of the provision of data by the authority.
- (3) An agreement under paragraph (1) must be consistent with the provisions of Part 4 of the Act and this Order.
Evaluation date
5
For the purpose of section 36(3) of the Act, the evaluation date for each scheme is 1st March 2012.
SCHEDULE — Specification of areas, authorities and data
| Area | Authority | Data |
|---|---|---|
| Borough of Blackpool | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Borough of Blackpool | ||
| Borough of Blackpool | Department for Social Development[^f00002] | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security |
| Borough of Blackpool | ||
| Borough of Blackpool | Her Majesty’s Revenue and Customs[^f00003] | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit |
| Borough of Blackpool | ||
| Borough of Blackpool | Royal Mail Group Limited | Name and address of individuals appearing in data relating to Royal Mail’s mail redirection service and contained in the National Change of Address Update, National Change of Address Suppress and Home Mover Mailing Service databases |
| Borough of Blackpool | ||
| Borough of Blackpool | Secretary of State for Education | Name, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996[^f00004]), and who are at least 16 years old but less than 19 years old |
| Borough of Blackpool | ||
| Borough of Blackpool | Higher Education Funding Council for England | Name, postcode and date of birth of individuals appearing in the database known as the HESA individualised student record |
| Borough of Blackpool | ||
| Borough of Blackpool | Secretary of State for Business, Innovation and Skills | Name, postcode and date of birth of individuals appearing in the database known as the Individual Learner Record |
| Borough of Blackpool | ||
| Borough of Blackpool | Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988[^f00005] |
| London Borough of Camden | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Education | Name, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996), and who are at least 16 years old but less than 19 years old | |
| Secretary of State for Business, Innovation and Skills | Name, postcode and date of birth of individuals appearing in the database known as the Individual Learner Record | |
| Higher Education Funding Council for England | Name, postcode and date of birth of individuals appearing in the database known as the HESA individualised student record | |
| Student Loans Company Limited | Name, address and date of birth of individuals appearing in databases in the student finance customer account system (higher education) | |
| City and County of Cardiff | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988) | |
| Borough of Colchester | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Defence | Name, address and date of birth of individuals appearing in databases kept by Joint Personnel Administration, and addresses ofservice family accommodation managed on behalf of the Secretary of State for Defence which appear on the database known as the ANITE housing system | |
| Royal Mail Group Limited | Name and address of individuals appearing in data relating to Royal Mail’s mail redirection service and contained in the National Change of Address Update, National Change of Address Suppress and Home Mover Mailing Service databases | |
| Student Loans Company Limited | Name, address and date of birth of individuals appearing in databases in the student finance customer account system (higher education) | |
| City of Edinburgh, East Lothian, Midlothian and West Lothian | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| City of Edinburgh, East Lothian, Midlothian and West Lothian | ||
| City of Edinburgh, East Lothian, Midlothian and West Lothian | Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security |
| City of Edinburgh, East Lothian, Midlothian and West Lothian | ||
| City of Edinburgh, East Lothian, Midlothian and West Lothian | Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit |
| District of Forest Heath | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| District of Forest of Dean | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Education | Name, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996), and who are at least 16 years old but less than 19 years old | |
| Secretary of State for Business, Innovation and Skills | Name, postcode and date of birth of individuals appearing in the database known as the Individual Learner Record | |
| Higher Education Funding Council for England | Name, postcode and date of birth of individuals appearing in the database known as the HESA individualised student record | |
| Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988) | |
| City of Glasgow | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988) | |
| Student Loans Company Limited | Name, address and date of birth of individuals appearing in databases in the student finance customer account system (higher education) | |
| London Borough of Greenwich | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Education | Name, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996), and who are at least 16 years old but less than 19 years old | |
| Secretary of State for Business, Innovation and Skills | Name, postcode and date of birth of individuals appearing in the database known as the Individual Learner Record | |
| Higher Education Funding Council for England | Name, postcode and date of birth of individuals appearing in the database known as the HESA individualised student record | |
| Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988) | |
| Secretary of State for Defence | Name, address and date of birth of individuals appearing in databases kept by Joint Personnel Administration, and addresses ofservice family accommodation managed on behalf of the Secretary of State for Defence which appear on the database known as the ANITE housing system | |
| City of Manchester | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988) | |
| Student Loans Company Limited | Name, address and date of birth of individuals appearing in databases in the student finance customer account system (higher education) | |
| London Borough of Newham | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| City of Peter-borough | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Renfrew-shire, East Renfrew-shire and Inverclyde | Improvement Service Company[^f00006] | Name, address and date of birth of individuals appearing in databases relating to the citizen’s account |
| Borough of Rushmoor | Secretary of State for Defence | Name, address and date of birth of individuals appearing in databases kept by Joint Personnel Administration, and addresses ofservice family accommodation managed on behalf of the Secretary of State for Defence which appear on the database known as the ANITE housing system |
| County of Shropshire | Secretary of State for Defence | Name, address and date of birth of individuals appearing in databases kept by Joint Personnel Administration, and addresses ofservice family accommodation managed on behalf of the Secretary of State for Defence which appear on the database known as the ANITE housing system |
| London Borough of Southwark | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Royal Mail Group Limited | Name and address of individuals appearing in data relating to Royal Mail’s mail redirection service and contained in the National Change of Address Update, National Change of Address Suppress and Home Mover Mailing Service databases | |
| District of Stratford-on-Avon | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Defence | Name, address and date of birth of individuals appearing in databases kept by Joint Personnel Administration, and addresses ofservice family accommodation managed on behalf of the Secretary of State for Defence which appear on the database known as the ANITE housing system | |
| City of Sunderland | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Education | Name, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996), and who are at least 16 years old but less than 19 years old | |
| Secretary of State for Business, Innovation and Skills | Name, postcode and date of birth of individuals appearing in the database known as the Individual Learner Record | |
| Higher Education Funding Council for England | Name, postcode and date of birth of individuals appearing in the database known as the HESA individualised student record | |
| Student Loans Company Limited | Name, address and date of birth of individuals appearing in databases in the student finance customer account system (higher education) | |
| District of Teignbridge | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988) | |
| London Borough of Tower Hamlets | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Education | Name, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996), and who are at least 16 years old but less than 19 years old | |
| Secretary of State for Business, Innovation and Skills | Name, postcode and date of birth of individuals appearing in the database known as the Individual Learner Record | |
| Higher Education Funding Council for England | Name, postcode and date of birth of individuals appearing in the database known as the HESA individualised student record | |
| Borough of Wigan | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Transport | Name, address and date of birth of individuals in relation to whom the Secretary of State maintains driving records (as defined in section 97A of the Road Traffic Offenders Act 1988) | |
| County of Wiltshire | Secretary of State for Defence | Name, address and date of birth of individuals appearing in databases kept by Joint Personnel Administration, and addresses ofservice family accommodation managed on behalf of the Secretary of State for Defence which appear on the database known as the ANITE housing system |
| City of Wolver-hampton | Secretary of State for Work and Pensions | Name, address and date of birth of individuals appearing in databases kept by the Secretary of State for Work and Pensions for the purpose of functions relating to social security |
| Department for Social Development | Name, address and date of birth of individuals appearing in databases kept by the Department for Social Development for the purpose of functions relating to social security | |
| Her Majesty’s Revenue and Customs | Name, address and date of birth of individuals appearing in databases kept by Her Majesty’s Revenue and Customs relating to working tax credit, child tax credit and child benefit | |
| Secretary of State for Education | Name, address and date of birth of individuals appearing in the National Pupil Database who are pupils at schools maintained by local authorities, city technology colleges, city colleges for the technology of the arts or Academies (as defined in section 579(1) of the Education Act 1996), and who are at least 16 years old but less than 19 years old | |
| Secretary of State for Business, Innovation and Skills | Name, postcode and date of birth of individuals appearing in the database known as the Individual Learner Record | |
| Higher Education Funding Council for England | Name, postcode and date of birth of individuals appearing in the database known as the HESA individualised student record | |
Signed
Signed by authority of the Lord President of the Council
Mark Harper — Minister for Political and Constitutional Reform — Cabinet Office — 9th June 2011
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order establishes schemes for the provision of data to specified electoral registration officers, in order to assist them in meeting the registration objectives set out at section 31(8) of the Political Parties and Elections Act 2009, those being—
- (a) that persons who are entitled to be registered in an electoral register are registered in it;
- (b) that persons who are not entitled to be registered in an electoral register are not registered in it; and
- (c) that none of the information relating to a registered person that appears in a register or other record kept by a registration officer is false.
Article 3 provides that the authorities may provide data to the registration officers under the schemes at any time before 1st December 2011. The table in the Schedule lists the area for which each scheme has effect, and for each scheme the authorities which may provide data and the data which may be provided
Article 4 provides that data may only be provided under each scheme if the authority and the registration officer have agreed in writing requirements for the processing of data under the schemes. The agreement must include the consequences of failing to comply with the requirements agreed.
Article 5 provides that the date by which the Electoral Commission must produce a report on the operation of each scheme under section 36(3) of the 2009 Act is 1st March 2012.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. However a privacy impact assessment is annexed to the Explanatory Memorandum which is available alongside this instrument at www.legislation.gov.uk.
Footnotes
[^f00001]: 2009 c. 12. Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837) provides that the powers conferred on the Secretary of State under the 2009 Act (with exceptions which are not relevant here) are exercisable concurrently by the Secretary of State and the Lord President of the Council.
[^f00002]: The Department for Social Development was established by article 3(1)(e) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283(N.I. 1)).
[^f00003]: “Her Majesty’s Revenue and Customs” is defined at section 4 of the Commissioners for Revenue and Customs Act 2005 (c. 11).
[^f00004]: 1996 c. 56. The definition of “Academy” was inserted by paragraph 6 of Schedule 2 to the Academies Act 2010 (c. 32).
[^f00005]: 1988 c. 53. Section 97A was inserted by section 8 of the Road Safety Act 2006 (c. 49).
[^f00006]: Improvement Service Company is a company limited by guarantee, registered number SC287978.
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