The Voter Identification Regulations 2022

Made: 22nd December 2022

Coming into force in accordance with regulation 1

A draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983[^f00009], section 333(3A) of the Town and Country Planning Act 1990[^f00010], section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000[^f00011], section 117(2) of the Local Democracy, Economic Development and Construction Act 2009[^f00012], section 154(2)(b) of the Police Reform and Social Responsibility Act 2011[^f00013] and section 21(6) of the Recall of MPs Act 2015[^f00014].

PART 1 — Introduction

Citation, commencement and saving

1

• (1) These Regulations may be cited as the Voter Identification Regulations 2022.

• (2) This Part and regulation 14(6) come into force on the 22nd day after the day on which these Regulations are made.

• (3) Subject to paragraphs (4) and (5), the remainder of these Regulations come into force on the 25th day after the day on which these Regulations are made.

• (4) Regulations 38(2), 39(2) and 41 come into force on the first day on which a provision of Part 3 of the Domestic Abuse Act 2021[^f00015] comes into force, including where that provision is brought into force for a specified purpose or in relation to a specified area under section 90 of that Act.

• (5) Regulation 40(2) and (3) comes into force at the end of 28th February 2023.

• (6) The provisions listed in paragraph (7) do not apply in relation to—

• (a) a parliamentary general election to which paragraph 18 of Schedule 1 to the Elections Act 2022[^f00016] does not apply;

• (b) a relevant election, petition or referendum, other than a parliamentary general election, in respect of which the qualifying date is on or before 3rd May 2023.

• (7) The provisions are—

• (a) Parts 6 to 8;

• (b) in Part 9, regulations 38(4) to (8) and (11) and 39(4) to (8) and (11);

• (c) Part 10.

• (8) In paragraph (6)(b), “qualifying date”—

• (a) where the relevant election, petition or referendum is a recall petition, means the beginning date of the signing period as specified in the public notice of petition given under regulation 14 of the 2016 Regulations[^f00017];

• (b) otherwise, means the date of poll as specified in the notice of election or referendum published in accordance with rule 5 of the elections rules.

Extent

2

• (1) This Part extends to England and Wales, Scotland and Northern Ireland.

• (2) Parts 2 to 7 extend to England and Wales and Scotland, and the following also extend to Northern Ireland—

• (a) regulation 23;

• (b) in regulation 24, paragraph (2) and, so far as it applies to that paragraph, paragraph (3).

• (3) Any amendment made by Parts 8 to 10 has the same extent as the provision amended, except the amendments made by regulations 70 to 75, 77 to 82, 86, 88, 90, 91(a) and 92, which extend to England and Wales and Scotland only.

Interpretation

3

• (1) In these Regulations—

• “the 1983 Act” means the Representation of the People Act 1983;

• “the 2016 Regulations” means the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

• “anonymous elector’s document” means that document as designed by the Electoral Commission in accordance with regulation 15(1)(a) or (d) or (4)[^f00018];

• “combined authority mayoral election” means an election for the return of a mayor as provided for in an order made under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009;

• “combined county authority mayoral election” means an election for the mayor as provided for in regulations made under Schedule 2 of the Levelling-up and Regeneration Act 2023;

• “digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for the purpose (amongst other purposes) of processing online applications for electoral identity documents under section 13BD of the 1983 Act[^f00019] and for verifying information in accordance with regulation 6;

• “electoral identity document” means that document as designed by the Electoral Commission in accordance with regulation 15(1)(b) or (d) or (4)[^f00020];

• “identity document application” means—an application for an electoral identity document under section 13BD of the 1983 Act, oran application for an anonymous elector’s document under section 13BE of the 1983 Act[^f00021];

• “issued document record entry” means an entry in the record kept in accordance with regulation 20 in respect of an anonymous elector’s document, or an electoral identity document, issued by a registration officer;

• “local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000[^f00022];

• “PCC election” means an election of a police and crime commissioner under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011[^f00023];

• “petition signing place” has the meaning given in regulation 3(1) of 2016 Regulations;

• “recall petition” has the meaning given by section 1 of the Recall of MPs Act 2015;

• “registration officer” means an electoral registration officer;

• “signing period” has the meaning given by section 9(2) of the Recall of MPs Act 2015;

• “signing sheet” has the meaning given by regulation 10 of the 2016 Regulations;

• “specified document” has the meaning given by rule 37(1H) and (1K) of the elections rules;

• “temporary electoral identity document” means an electoral identity document that has a temporary validity, as designed by the Electoral Commission in accordance with regulation 15(1)(c) or (d) or (4).

• (2) In these Regulations other than in regulations 14(7) and 20(7), “bank holiday” means—

• (a) subject to paragraph (3), in relation to a parliamentary general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00024] in any part of the United Kingdom, and

• (b) in relation to any other relevant election, petition or referendum—

• (i) where the relevant election, petition or referendum is held in an area in England or Wales, a day which is a bank holiday under that Act in England and Wales;

• (ii) where the relevant election, petition or referendum is held in an area in Scotland, a day which is a bank holiday under that Act in Scotland.

• (3) Where at a parliamentary general election any proceedings are commenced afresh by reason of a candidate’s death, the meaning of “bank holiday” in paragraph (2)(b) applies in relation to that election rather than the meaning in paragraph (2)(a).

• (4) In these Regulations, “relevant election, petition or referendum” means an election, petition or referendum listed in the first column of the following table; and the “relevant officer” for such an election, petition or referendum means the officer listed in the corresponding entry in the second column of that table—

Election, petition or referendum	Relevant officer
A parliamentary election in England, Wales or Scotland	The returning officer or (in England and Wales) an acting returning officer
A recall petition in England, Wales or Scotland	The petition officer within the meaning of section 6 of the Recall of MPs Act 2015
A PCC election	The police area returning officer within the meaning of article 2(1) of the Police and Crime Commissioner Elections Order 2012 [^f00025]
A local government election in England	The returning officer
A local authority mayoral election	The returning officer within the meaning of regulation 2 of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 [^f00026]
A combined authority mayoral election	The combined authority returning officer within the meaning of article 2 of the Combined Authorities (Mayoral Elections) Order 2017 [^f00027]
A combined county authority mayoral election	The combined county authority returning officer within the meaning of article 2 of the Combined Authorities (Mayoral Elections) Order 2017
A referendum under Part 1A of the Local Government Act 2000 [^f00028]	The counting officer within the meaning of regulation 9 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 [^f00029]
A referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 [^f00030]	The counting officer within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 [^f00031]
A referendum under Schedule 4B to the Town and Country Planning Act 1990	The counting officer within the meaning of regulation 9 of the Neighbourhood Planning (Referendums) Regulations 2012 [^f00032]

• (5) Except in Part 7, a reference in these Regulations to a numbered rule in the elections rules is to be read as a reference to—

• (a) in the case of a parliamentary election, the rule of that number in the parliamentary election rules in Schedule 1 to the 1983 Act[^f00033],

• (b) in the case of a recall petition, the corresponding regulation in the regulations made under section 18(1) of the Recall of MPs Act 2015, or

• (c) the corresponding rule in the rules made under—

• (i) in the case of a PCC election, section 58(1)(a) of the Police Reform and Social Responsibility Act 2011[^f00034],

• (ii) in the case of a local government election in England, section 36 of the 1983 Act[^f00035],

• (iii) in the case of a local authority mayoral election, section 9HE(1)(a) of the Local Government Act 2000,

• (iv) in the case of a combined authority mayoral election, paragraph 12(1)(a) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009,

• (iva) in the case of a combined county authority mayoral election, paragraph 12(1)(a) of Schedule 2 to the Regeneration and Levelling-up Act 2023,

• (v) in the case of a referendum under Part 1A of the Local Government Act 2000, section 9MG(2) or (3) of that Act[^f00036],

• (vi) in the case of a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992, section 52ZQ(1) or (2) of that Act, or

• (vii) in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990, paragraph 16(1) of that Schedule.

PART 2 — Applications for electoral identity or anonymous elector’s documents

Identity document applications: general

4

• (1) An identity document application must be in writing, and must state—

• (a) the applicant’s full name;

• (b) the address in respect of which the applicant is registered, or has applied to be registered, on the register of parliamentary electors or local government electors;

• (c) where the applicant is or has applied to be registered in pursuance of—

• (i) a service declaration, the applicant’s present address, correspondence address or British Forces Post Office Number;

• (ii) an overseas elector’s declaration, the applicant’s present address;

• (d) the applicant’s date of birth or, if they are not able to provide that information, the reason why they are not able to do so and a statement as to whether the applicant is under 18 years old;

• (e) the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;

• (f) an indication as to whether, if the identity document application is granted, the applicant considers that it is necessary for the applicant to collect the document in person instead of the document being delivered to the relevant delivery address, and if so the reason why the applicant considers that collection is necessary;

• (g) for an identity document application under section 13BE of the 1983 Act, the fact that the applicant has applied or is applying to have an anonymous entry on the register;

• (h) an indication as to whether, if the identity document application is granted, the applicant requires a Braille, easy read or large print explanation of the anonymous elector’s document or the electoral identity document issued;

• (i) a declaration by the applicant that the information provided in the application is true;

• (j) the date of the application.

• (2) Where an applicant makes an identity document application by virtue of section 13BD(1)(b)(ii) or section 13BE(1)(b)(ii) of the 1983 Act (applicants registered in Wales who will be entitled to vote in police and crime commissioner elections upon attaining the age of 18)—

• (a) if the applicant is not able to provide their date of birth, the statement referred to in paragraph (1)(d) must indicate whether the applicant is—

• (i) under the age of 16, or

• (ii) aged 16 or 17;

• (b) paragraph (1)(e) does not apply where the applicant is under the age of 16.

• (3) An identity document application must also include—

• (a) a photograph of the applicant which meets the requirements set out in Schedule 2, and

• (b) where, in accordance with paragraph 3(2) of that Schedule, the applicant is unable to provide a photograph that complies with paragraph 3(1)(d) or (e) of that Schedule, the reason why they are not able to do so.

• (4) An identity document application may (but need not) include the applicant’s email address and telephone number.

• (5) Where the applicant is not able to provide a national insurance number, the applicant may provide as part of an identity document application a copy of any of the documents listed in—

• (a) where the applicant has applied or is applying to have an anonymous entry on the register, regulation 7(3) to (5);

• (b) otherwise, regulation 7(4) or (5).

• (6) A registration officer may authorise an applicant to provide anything which must or may be included in or with, or which may be provided as part of, an identity document application in accordance with this regulation to the registration officer in person and, where the officer does so, the registration officer must transfer anything provided by the applicant into an application in writing.

• (7) In paragraph (1)(f), “relevant delivery address” means—

• (a) where paragraph (1)(c) applies, the address provided in accordance with that paragraph;