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The Voter Identification Regulations 2022

Type Statutory-Instrument

Publication 2022-12-22

Last updated 2024-11-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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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 1983⁹, section 333(3A) of the Town and Country Planning Act 1990¹⁰, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000¹¹, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009¹², section 154(2)(b) of the Police Reform and Social Responsibility Act 2011¹³ and section 21(6) of the Recall of MPs Act 2015¹⁴.

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 2021¹⁵ 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 2022¹⁶ 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);

(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 Regulations¹⁷;

(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)¹⁸;

“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 Act¹⁹ 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)²⁰;

“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 Act²¹;

“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 2000²²;

“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 2011²³;

“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 1971²⁴ 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 ²⁵
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 ²⁶
A combined authority mayoral election	The combined authority returning officer within the meaning of article 2 of the Combined Authorities (Mayoral Elections) Order 2017 ²⁷
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 ²⁸	The counting officer within the meaning of regulation 9 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ²⁹
A referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 ³⁰	The counting officer within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 ³¹
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 ³²

(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 Act³³,

(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

(i) in the case of a PCC election, section 58(1)(a) of the Police Reform and Social Responsibility Act 2011³⁴,

(ii) in the case of a local government election in England, section 36 of the 1983 Act³⁵,

(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 Act³⁶,

(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;

(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;

(b) where paragraph (1)(c) does not apply, the address provided in accordance with paragraph (1)(b).

Identity document applications made through the digital service

5

(1) This regulation applies where, by virtue of arrangements made by the Secretary of State, an identity document application for an electoral identity document under section 13BD of the 1983 Act may be made through the digital service.

(2) The Secretary of State may complete an identity document application in part for an applicant using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act³⁷ for registration in, or alteration of, a register of electors made through or completed using the digital service.

(3) The Secretary of State must send to the appropriate registration officer any identity document application the Secretary of State receives , subject to paragraph (4), together with a reference number unique to that application.

(4) Where an application made through the digital service includes the applicant’s national insurance number the Secretary of State—

(a) may send the registration officer that application without the national insurance number, and

(b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.

Verification of information provided in an identity document application

6

(1) On receipt of an identity document application made otherwise than through the digital service, a registration officer must disclose the applicant’s name, relevant address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Housing, Communities and Local Government in such format and through such an infrastructure system as the Secretary of State for Housing, Communities and Local Government may have notified to the registration officer in writing.

(2) Following receipt of the first stage information from the registration officer or (in the case of an application made through, or partially completed using, the digital service) from an applicant, the Secretary of State for Housing, Communities and Local Government may disclose the first stage information to the Secretary of State for Work and Pensions.

(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development), and

(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs);

(b) any other information contained in such types of data which relates to the information disclosed under paragraph (2).

(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Housing, Communities and Local Government.

(5) On receipt of the second stage information, the Secretary of State for Housing, Communities and Local Government may disclose that information—

(a) to the Secretary of State for Work and Pensions, or

(b) to the registration officer to whom the identity document application has been made, or, as the case may be, to whom the Secretary of State has sent the application under regulation 5(3).

(6) Paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (5)(a) as it applies to the first stage information disclosed under paragraph (2).

(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Housing, Communities and Local Government.

(8) On receipt of the third stage information, the Secretary of State for Housing, Communities and Local Government may—

(a) compare the third stage information against the information provided in the identity document application, and

(b) notify the registration officer to whom the identity document application has been made or, as the case may be, to whom the Secretary of State has sent the application under regulation 5(3), as to whether the comparison in sub-paragraph (a) resulted in a match.

(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Housing, Communities and Local Government in accordance with this regulation when determining the identity document application.

(10) This regulation does not apply where—

(a) the applicant—

(i) makes an application under section 10ZC or 10ZD of the 1983 Act at the same time as the identity document application,

(ii) the name, date of birth and national insurance number of the applicant are disclosed in accordance with or 29ZAA(3) of the Representation of the People (England and Wales) Regulations 2001³⁸ or or 29ZAA(3) of the Representation of the People (Scotland) Regulations 2001³⁹, and

(iii) the name, date of birth and national insurance number disclosed are identical to the name, date of birth and national insurance number provided by the applicant in the identity document application;

(b) the applicant—

(i) is under the age of 16, or

(ii) does not provide both a date of birth and a national insurance number in accordance with regulation 4(1)(d) and (e) respectively.

(11) Where paragraph (10)(a) applies, the registration officer must take into account any results disclosed by the Secretary of State for Housing, Communities and Local Government in accordance with regulation 29ZA or 29ZAA of the Representation of the People (England and Wales) Regulations 2001 or (as the case may be) with regulation 29ZA or 29ZAA of the Representation of the People (Scotland) Regulations 2001 in respect of the application described in paragraph (10)(a)(i) when determining the identity document application.

(12) In paragraph (1)—

“infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003⁴⁰;

“relevant address” means the address provided by the applicant in accordance with regulation 4(1)(b).

Power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary

7

(1) A registration officer must require an applicant to provide additional evidence where the registration officer considers additional evidence is necessary to verify the identity of the applicant in respect of their identity document application, including where the officer considers it is necessary because the applicant is not able to state the information required by regulation 4(1)(d) or (e).

(2) Where a registration officer requires additional evidence—

(a) the officer must, at the same time, inform the applicant of—

(i) the evidence submission date, which is the date 28 days after the day on which the registration officer requires the additional evidence, and

(ii) the fact that the registration officer may reject the applicant’s identity document application in the event that the applicant fails or refuses to provide the additional evidence on or before the evidence submission date; and

(b) if the applicant provides additional evidence, it must be provided in accordance with—

(i) where the applicant has or is applying to have an anonymous entry on the register of parliamentary electors or local government electors, one of paragraphs (3) to (6);

(ii) otherwise, one of paragraphs (4) to (6).

(3) The applicant may provide a copy, or where the registration officer considers it appropriate, the original, of one of the following documents—

(a) the applicant’s passport;

(b) the applicant’s identity card issued in the European Economic Area;

(c) the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the Borders Act 2007⁴¹;

(d) the applicant’s electoral identity card issued in Northern Ireland;

(e) the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

(4) The applicant may provide a copy, or where the registration officer considers it appropriate, the original of—

(a) one of the following documents, which, except in relation to paragraph (vii) must have been issued in the United Kingdom or Crown Dependencies—

(i) the applicant’s birth certificate;

(ii) the applicant’s marriage or civil partnership certificate;

(iii) the applicant’s adoption certificate;

(iv) the applicant’s firearms certificate granted under the Firearms Act 1968⁴²;

(v) the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976⁴³;

(vi) the applicant’s driving licence, which is not in the form of a photocard;

(vii) the applicant’s driving licence, granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom; and

(b) two other documents, each of which may be either from sub-paragraph (a) or paragraph (5).

(5) The applicant may provide a copy, or where the registration officer considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name as stated on the identify document application—

(a) a financial statement, including but not limited to—

(i) a mortgage statement;

(ii) a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;

(iii) a credit card statement;

(iv) a pension statement;

(b) a council tax demand letter or statement;

(d) a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(e) a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992⁴⁴, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act⁴⁵.

(6) The applicant may provide an attestation which must—

(a) confirm that the applicant is the person named in the identity document application,

(b) state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,

(d) state the full name, date of birth, address, electoral number and occupation of the qualifying attestor, and

(e) state the date on which it is made.

(7) In paragraph (6), the “qualifying attestor” is a person—

(a) whom the registration officer is satisfied is of good standing in the community,

(b) who is registered as an elector—

(i) where the registration officer to whom the application is made is appointed for an area in England or Wales, in a local authority area in England or Wales,

(ii) where the registration officer to whom the application is made is appointed for an area in Scotland, in a local authority area in Scotland,

(c) who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant, and

(ca) regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 2008;

(d) who has not already signed a relevant identity attestation for two applicants since, whichever is the later of,—

(i) the date on which the revised register in which that person’s name appears was last published under section 13(1) of the 1983 Act⁴⁶, or

(ii) the date on which a notice specifying that person’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B(3), (3B) or (3D) or 13BC(3) or (6) of that Act⁴⁷ (and if there has been more than one such notice, the date on which the last one was issued).

(7A) In paragraph (7)(d), a relevant identity attestation is an attestation provided in accordance with—

(a) paragraph (6);

(b) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (England and Wales) Regulations 2001;

(d) paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012;

(e) regulation 72B(5A) or (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016.

(8) This regulation does not apply where—

(a) the applicant is under the age of 16,

(b) there is information available to the registration officer from any educational record relating to the applicant, and

(9) In this regulation, “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.

Registration officer’s right to inspect certain records

8

(1) A registration officer is authorised to inspect, for the purpose of determining identity document applications, records kept (in whatever form) by—

(a) an authority listed in paragraph (2), or

(b) any person providing services to, or authorised to exercise any function of, any such authority.

(2) Those authorities are—

(a) the council by which the registration officer was appointed,

(b) where the council by which the registration officer was appointed is a council for a district in a county for which there is a county council, that county council, and

(c) any superintendent registrar of births, deaths and marriages, registrar of births and deaths or registrar of marriages.

(3) A registration officer is authorised to make copies of information contained in such records.

Power to require information

9

(1) A registration officer may require any person to give information required for the purpose of determining an identity document application.

(2) A registration officer may not use the power conferred by paragraph (1) to require an applicant to provide information to assist the registration officer in determining, in connection with that person’s application, whether that applicant is the person named in that application.

(3) If a person fails to comply with a requisition under paragraph (1), that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

PART 3 — Determination of applications

Postponement of determination of identity document applications

10

(1) Where an identity document application is received by a registration officer during the postponement period for a relevant election, petition or referendum held in the area for which the registration officer is appointed, the registration officer—

(a) must not determine the application in accordance with regulation 11(2) before the postponement date, and

(b) subject to paragraph (2), must notify the applicant that the application will not be determined before that date.

(2) Paragraph (1)(b) does not apply where the application is received by the registration officer on the postponement date.

(3) In this regulation—

(a) the “postponement date” in relation to a relevant election, petition or referendum means—

(i) the relevant date of that election, petition or referendum, or

(ii) where the date under paragraph (i) falls within the postponement period for a subsequent relevant election, petition or referendum held in the area for which the registration officer is appointed, the working day before the date under paragraph (i);

(b) the “postponement period” for a relevant election, petition or referendum is the period—

(i) beginning at 5pm on the sixth working day before the relevant date, and

(ii) ending at 10pm on the relevant date;

(c) the “relevant date” in relation to a relevant election, petition or referendum means the day of the poll or, in the case of a recall petition, the last day of the signing period for that petition;

(d) “working day” means any day other than a Saturday, Sunday, Good Friday, Christmas Eve, Christmas Day or a bank holiday.

Determination of identity document applications

11

(1) A registration officer may refuse an identity document application where—

(a) the registration officer has required the applicant to provide additional evidence in accordance with regulation 7, and

(b) the applicant has failed or refused to comply with that requirement on or before the evidence submission date described in regulation 7(2)(a)(i).

(2) Except where an identity document application is refused in accordance with paragraph (1), the registration officer must—

(a) grant an identity document application if the registration officer is satisfied that the following conditions are met—

(i) conditions 1 and 2, and

(ii) either condition 3 or 4, or

(b) refuse the application if not so satisfied.

(3) Condition 1 is that the application meets the requirements set out in regulation 4(1) to (3).

(4) Condition 2 is that the applicant is the person named in the application.

(5) Condition 3 is that—

(a) the applicant is registered in a register of parliamentary electors in Great Britain, or a register of local government electors in England, which is maintained by the registration officer, or

(b) the registration officer is required to enter the applicant in such a register in accordance with section 10ZC(1) of the 1983 Act.

(6) Condition 4 is that—

(a) either—

(i) the applicant is registered in a register of local government electors in Wales which is maintained by the registration officer, or

(ii) the registration officer is required to enter the applicant in that register in accordance with section 10ZC(1) of the 1983 Act, and

(b) the applicant is entitled to vote at an election of a police and crime commissioner for a police area in Wales in accordance with section 52(1A) of the Police Reform and Social Responsibility Act 2011⁴⁸, or will be so entitled on attaining the age of 18.

Notification following determination

12

(1) Where a registration officer grants or refuses an identity document application, the registration officer must notify the applicant of that determination, together with any other information required by this regulation.

(2) Where the registration officer grants the identity document application, the registration officer must also notify the applicant whether the electoral identity document or, as the case may be, the anonymous elector’s document to be issued to the applicant will be delivered to the applicant by post or made available for collection by the applicant, as determined in accordance with regulation 17.

(3) Where the registration officer refuses an identity document application, the registration officer must also notify the applicant of—

(a) the reason for that refusal,

(b) the right of appeal under section 56(1)(ac) of the 1983 Act⁴⁹, and

(4) Where the registration officer notifies the applicant other than by written notification, the registration officer must, as soon as reasonably practicable after that notification send a written notification containing the same information to the relevant delivery address (which has the same meaning as in regulation 4(7)).

Appeal following determination

13

(1) A person who wishes to appeal under section 56(1)(ac) of the 1983 Act against the decision of a registration officer to refuse an identity document application must give notice of the appeal to the registration officer, before the end of the period of 14 days beginning with the day on which the notification under regulation 12 is given, specifying the grounds of the appeal.

(2) Where regulation 12(4) applies in respect of the refusal, the reference to notification in paragraph (1) is to be read as the first notification under regulation 12 to that person.

(3) The registration officer must forward any such notice to the relevant court in the manner directed by rules of court together with a statement setting out—

(a) the material facts which in the registration officer’s opinion have been established in the case,

(b) the registration officer’s decision, and

(4) The registration officer must also give to the relevant court any other information which the court may require and which the registration officer is able to give.

(5) Where it appears to a registration officer that any notices of appeal given to the registration officer are based on similar grounds, the registration officer must inform the relevant court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

(6) In this regulation, “relevant court”—

(a) where the registration officer is appointed for an area in England or Wales, means the county court;

(b) where the registration officer is appointed for an area in Scotland, means the sheriff.

Processing of information provided in connection with an identity document application

14

(1) If a person provides an original document under regulation 7(3), (4) or (5), the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In the remainder of this regulation, the “relevant documents and information” in respect of an identity document application means—

(a) the application form or, in the case of an application made through the digital service, the information contained in the application transmitted to the registration officer by the Secretary of State, and

(b) any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (1), a copy of such documents.

(3) The registration officer must retain the relevant documents and information—

(a) where the registration officer grants the identity document application, for the period of 28 working days beginning with the day on which the registration officer granted the application;

(b) where the registration officer refuses the identity document application, for the period of 12 months beginning with the day on which the registration officer refused that application.

(4) Information disclosed under regulation 6 must not be disclosed to any other person, except—

(a) for the purpose of determining the application in connection with which the information was disclosed, or

(b) for the purpose of any civil or criminal proceedings.

(5) A person who discloses information in breach of paragraph (4) is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine (or both);

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both);

(ii) in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

(6) Any information disclosed under regulation 6 must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Housing, Communities and Local Government in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

(7) In this regulation—

“copy” includes an electronic copy;

“working day” means any day other than a Saturday, Sunday, Good Friday, Christmas Eve, Christmas Day or a bank holiday;

“bank holiday” means—where the registration officer is appointed for an area in England or Wales, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;where the registration officer is appointed for an area in Scotland, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.

PART 4 — Design, issuing, delivery, collection etc. of electoral identity documents, anonymous elector’s documents etc.

CHAPTER 1 — Design of documents

Design of electoral identity documents, anonymous elector’s documents, etc.

15

(1) The Electoral Commission must design the following—

(a) an anonymous elector’s document;

(b) an electoral identity document;

(d) a dual Welsh and English version of each of the designs referred to in sub-paragraphs (a) to (c).

(2) A document designed by the Electoral Commission in accordance with paragraph (1) must meet the requirements for that document as set out in Schedule 3.

(3) The Electoral Commission must make available—

(a) each of the designs referred to in paragraph (1)(a) to (c) to a registration officer who is appointed for an area in England or Scotland;

(b) the dual Welsh and English version of each of the designs referred to in paragraph (1)(a) to (c) to a registration officer who is appointed for an area in Wales.

(4) The Electoral Commission may design a revised version of a document designed in accordance with paragraph (1), and where the Electoral Commission does so—

(a) paragraphs (2) and (3) apply to a revised version as they apply to the document designed in accordance with paragraph (1), and

(b) the design of a revised version of a document referred to in paragraph (1) does not invalidate any previous version of the document issued under these Regulations before the day on which the revised version is made available to the registration officer.

CHAPTER 2 — Issuing and delivery or collection of electoral identity documents and anonymous elector’s documents

Issuing of electoral identity documents and anonymous elector’s documents

16

(1) Where the registration officer grants an identity document application, the registration officer must issue the applicant with an electoral identity document or, as the case may be, an anonymous elector’s document which must—

(a) use the version of the design for that document most recently made available to the registration officer in accordance with regulation 15,

(b) state—

(i) in the case of an electoral identity document, the applicant’s full name,

(ii) in the case of an anonymous elector’s document, the applicant’s electoral number,

(d) state the date of issue,

(e) state an appropriate identifier, and

(f) in the case of an electoral identity document, state—

(i) the name of the local authority by which the registration officer is appointed, and

(ii) states the recommended renewal date for the document.

(2) In paragraph (1)(b)(ii), the applicant’s “electoral number” is the number—

(a) allocated to the applicant as stated in the register of electors, or

(b) where an entry related to the applicant is added to the register in pursuance of a notice issued under section 13A(2), 13AB(2), 13B(3), (3B) or (3D) or 13BC(3) or (6) of the 1983 Act, as stated in the copy of that notice.

(3) In paragraph (1)(e), an “appropriate identifier” is an identifier made up of up to 20 numbers or letters which—

(a) is allocated by the registration officer in respect of an electoral identity document or, as the case may be, an anonymous elector’s document, and

(b) is not an identifier allocated by that registration officer in respect of any other electoral identity document or anonymous elector’s document.

(4) In paragraph (1)(f)(ii), the “recommended renewal date” for an electoral identity document is the date which is the tenth anniversary of the date of issue of that document.

Delivery or collection of issued electoral identity documents and anonymous elector’s documents

17

(1) Subject to paragraph (3), the registration officer must arrange for an electoral identity document or anonymous elector’s document issued in accordance with regulation 16 (“the issued document”) to be delivered by post to the applicant’s relevant delivery address (which has the meaning given in regulation 4(7)).

(2) An anonymous elector’s document to which paragraph (1) applies must be delivered in an envelope or other form of covering so as not to disclose to any other person that the applicant has an anonymous entry.

(3) The registration officer may arrange for the issued document to be made available for collection by the applicant in person (instead of arranging delivery in accordance with paragraph (1)) where—

(a) an indication is given by the applicant in accordance with regulation 4(1)(f), and

(b) the registration officer considers that it is necessary to make the issued document available for collection to ensure that the applicant receives the issued document.

(4) Where an issued document is made available for collection in accordance with paragraph (3), the registration officer must notify the applicant—

(a) that the issued document is available to be collected,

(b) of the location where, and the times during which, the issued document may be collected, and

(d) where the issued document is an anonymous elector’s document, that the applicant must bring their certificate of anonymous registration when collecting the document, and must show the certificate upon request.

(5) Where the applicant gives an indication in accordance with regulation 4(1)(h), the registration officer must also arrange for a Braille, easy read or large print explanation of the issued document to be delivered or made available for collection (as the case may be) with the issued document.

(6) In paragraph (4)(d), “certificate of anonymous registration” means the certificate issued to an anonymous elector in accordance with regulation 45G of the Representation of the People (England and Wales) Regulations 2001 or regulation 45F of the Representation of the People (Scotland) Regulations 2001.

(7) The registration officer may combine a notification under paragraph (4) with a notification under regulation 12.

CHAPTER 3 — Issuing of temporary electoral identity documents

Issuing of temporary electoral identity documents

18

(1) This regulation applies where, at any time during the relevant period for a relevant election, petition or referendum, a registration officer issues an applicant with an electoral identity document in accordance with regulation 16.

(2) The registration officer may also issue the applicant with a temporary electoral identity document where the registration officer is satisfied that the issued electoral identity document may not be delivered in time to the applicant for the applicant to be able to use that document at the relevant election, petition or referendum.

(3) In paragraph (1), “the relevant period” in relation to a relevant election, petition or referendum means the period—

(a) beginning at 5pm on the sixth working day before the relevant date, and

(b) ending at—

(i) where the relevant election, petition or referendum is a recall petition—

(aa) 5pm on the relevant date, or

(bb) if earlier, the beginning of the final hour during which the petition will be available for signing at the allotted petition signing place on the relevant date;

(ii) otherwise, 5pm on the relevant date.

(4) In paragraph (3)—

(a) “allotted petition signing place” means the petition signing place allotted to the applicant in accordance with regulation 16 of the 2016 Regulations;

(b) the “relevant date” is—

(i) where the relevant election, petition or referendum is a recall petition, the last day of the signing period for that petition;

(ii) otherwise, the date of the poll at that election or referendum;

(c) “working day” means any day other than a Saturday, Sunday, Good Friday, Christmas Eve, Christmas Day or a bank holiday.

Temporary electoral identity documents: supplemental

19

(1) A temporary electoral identity document issued in accordance with regulation 18 is valid only on the relevant date.

(2) The registration officer must ensure that a temporary electoral identity document issued to an applicant in accordance with regulation 18 (“the issued temporary document”)—

(a) use the version of the design for that document most recently made available to the registration officer in accordance with regulation 15,

(b) states—

(i) the applicant’s full name,

(ii) the date of issue,

(iii) the name of the local authority by which the registration officer is appointed,

(iv) an appropriate identifier,

(v) the date for which the issued temporary document is valid,

(d) is signed by the registration officer.

(3) In paragraph (2)(b)(iv), an “appropriate identifier” is an identifier made up of up to 20 numbers or letters which—

(a) is allocated by the registration officer in respect of an issued temporary document, and

(b) is not an identifier allocated by that registration officer in respect of any other temporary electoral identity document which is valid on the same date.

(4) The registration officer must, in relation to the issued temporary document—

(a) arrange for the issued temporary document to be made available for collection by the applicant in person,

(b) notify the applicant—

(i) that the issued temporary document is available to be collected,

(ii) of the location where and the times during which the issued document may be collected, and

(iii) that the issued temporary document may only be collected by the applicant in person, and

(c) update the issued document record entry relating to the electoral identity document referred to in regulation 18(1) accordingly.

(5) Where the applicant gives an indication in accordance with regulation 4(1)(h), the registration officer must also arrange for a Braille, easy read or large print explanation of the issued temporary document to be made available for collection with the issued temporary document.

(6) The registration officer may combine a notification under paragraph (4)(b) with a notification under regulation 12.

(7) In paragraph (1), “the relevant date” has the meaning given in regulation 18(4)(b).

CHAPTER 4 — Record of issued documents

Record of anonymous elector’s documents and electoral identity documents

20

(1) A registration officer must keep a record of all anonymous elector’s documents and electoral identity documents issued by the registration officer (in this Chapter, “the record”).

(2) The registration officer must—

(a) as soon as reasonably practicable after issuing an anonymous elector’s document or electoral identity document in accordance with regulation 16, 29 or 30(3), make an entry in the record for that document;

(b) keep entries related to electoral identity documents in a separate part of the record from those related to anonymous elector’s documents.

(3) An entry made in accordance with paragraph (2)(a) must contain the following—

(a) the date of issue and the appropriate identifier of the document;

(b) the full name of the person to whom the document was issued;

(d) any address provided by the person in accordance with regulation 4(1)(c);

(e) any indication given by the person in accordance with regulation 4(1)(f);

(f) any indication given by the person in accordance with regulation 4(1)(h);

(g) a copy of the person’s photograph provided in accordance with regulation 4(3);

(h) any email address or telephone number provided in accordance with regulation 4(4);

(i) in respect of an electoral identity document, the name of the local authority by which the registration officer is appointed;

(j) an indication of whether a temporary electoral identity document was also issued in accordance with regulation 18, and if so—

(i) the appropriate identifier of that temporary electoral identity document, and

(ii) the relevant date (which has the meaning given in regulation 18(4)(b)).

(4) Where—

(a) an anonymous elector’s document is issued in accordance with regulation 29 or 30(3), the reference in paragraph (3)(g) to a photograph provided in accordance with regulation 4(3) is to be read as a reference to the photograph contained in the issued document record entry for the anonymous elector’s document referred to in regulation 27(1)(a) or 30(1)(a) (as the case may be);

(b) an anonymous elector’s document is issued in accordance with regulation 29—

(i) the reference in paragraph (3)(c) to the address provided in accordance with regulation 4(1)(b) is to be read as a reference to the address referred to in regulation 29(4)(a)(ii)(cc);

(ii) the reference in paragraph (3)(d) to any address provided in accordance with regulation 4(1)(c) is to be read as a reference to an address referred to in regulation 29(4)(a)(ii)(aa) or (bb);

(iii) the reference in paragraph (3)(e) to regulation 4(1)(f) is to be read as a reference to regulation 28(d).

(5) The registration officer must—

(a) delete any information included in an entry in accordance with paragraph (3)(c) to (f) and (h) at the end of the first retention period for that entry;

(b) delete any information included in an entry in accordance with paragraph (3)(j) at the end of the second retention period for that entry;

(6) In paragraph (5), in relation to an entry in the record—

(a) “the first retention period” is the period beginning with the day on which the entry is made and ending—

(i) where the entry relates to an electoral identity document, ending with the day which is 28 working days after the date of issue for that document;

(ii) where the entry relates to an anonymous elector’s document, ending with the day which is 15 months after the date of issue for that document;

(b) “the second retention period” is the period beginning with the day on which the entry is made and ending on the second 1st July following the date of issue for the electoral identity document to which the entry relates;

(c) “the third retention period” is the period beginning with the day on which the entry is made and ending on the tenth 1st July following the date of issue for the anonymous elector’s document or electoral identity document to which the entry relates.

(7) In paragraph (6)(a)(i), “working day” means any day other than a Saturday, Sunday, Good Friday, Christmas Eve, Christmas Day or a bank holiday; and for these purposes “bank holiday” has the meaning given in regulation 14(7).

Duties of registration officer and staff in relation to the record

21

(1) This regulation applies to—

(a) a registration officer,

(b) a deputy registration officer, and

(c) any person appointed to assist any such officer or who in the course of the person’s employment is assigned to assist such officer in that officer’s functions under section 13BD or 13BE of the 1983 Act.

(2) Where a registration officer is also the relevant officer at any relevant election, petition or referendum, this regulation applies to—

(a) the registration officer acting in that capacity,

(b) any person appointed as a deputy to the registration officer acting in that capacity, and

(c) any person appointed to assist a person mentioned in sub-paragraph (a) or (b) or who in the course of the person’s employment is assigned to assist a person mentioned in sub-paragraph (a) or (b) in respect of the relevant election, petition or referendum in question.

(3) This regulation also applies to a person—

(a) to whom a copy of the record is supplied or information from the record is disclosed in accordance with paragraph (4), and

(b) who is not a person to whom this regulation applies by virtue of paragraph (1) or (2).

(4) A person to whom this regulation applies must not—

(a) supply to any person a copy of the record,

(b) disclose information contained in it, or

otherwise than in accordance with an enactment (including these Regulations) or the order of any court or tribunal made at any hearing or during the course of any proceedings.

(5) Nothing in paragraph (4) applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with either person’s functions under section 13BD or 13BE of the 1983 Act or for the purposes of a relevant election, petition or referendum.

(6) A person to whom this regulation applies must take proper precautions for the safe custody of the record.

(7) In paragraph (4), “enactment” has the same meaning as in section 17(2) of the Representation of the People Act 2000⁵⁰.

(8) In this regulation and in regulations 22 and 23, “record” includes a part of the record.

Supply, disclosure and use of record for the purposes of relevant elections, petitions and referendums

22

(1) A registration officer may upon request supply a copy of the record to a relevant officer for the purposes of a relevant election, petition or referendum.

(2) A person to whom a copy of the record has been supplied under this regulation must not—

(a) supply to any person a copy of the record,

(b) disclose any information contained in it, or

other than for the purposes of a relevant election, petition or referendum (as the case may be).

(3) Each person supplied with a copy of the record under this regulation must take proper precautions for its safe custody.

Supply of the record to police forces and other organisations

23

(1) Subject to paragraph (2), a registration officer must upon request supply a copy of the record to—

(a) any police force in Great Britain,

(b) the Police Service of Northern Ireland or the Police Service of Northern Ireland (Reserve),

(d) the National Crime Agency.

(2) The registration officer must not supply a copy of the record in accordance with paragraph (1) where that record contains the whole or part of an issued document record entry relating to an anonymous elector’s document unless the request is made in writing by—

(a) in the case of forces and organisations mentioned in paragraph (1)(a) to (c), an officer of a rank senior to that of superintendent;

(b) in the case of the National Crime Agency, the Director General of that Agency.

(3) A constable, officer or employee of any of the forces or organisations mentioned in paragraph (1) must not—

(a) supply to any person a copy of the record,

(b) disclose any information contained in it, or

otherwise than for the purposes of the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or Scotland or elsewhere).

(4) Each person supplied with a copy of the record under this regulation must take proper precautions for its safe custody.

(5) Paragraphs (3) and (4) also apply to a person—

(a) to whom a copy of the record is supplied or information from the record is disclosed in accordance with paragraph (3), and

(b) who is not a constable, officer or employee of any of the forces or organisations mentioned in paragraph (1);

as those paragraphs apply to such a constable, officer or employee.

Offence in respect of contravention of regulation 21(4) or (6), 22(2) or (3) or 23(3) or (4)

24

(1) A person (“B”) who fails to comply with regulation 21(4) or (6) or 22(2) or (3) is guilty of an offence and is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland, to a fine not exceeding the statutory maximum.

(2) A person (“B”) who fails to comply with regulation 23(3) or (4) is guilty of an offence and is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum.

(3) It is a defence for B to show that B took all reasonable steps to comply with regulation 21(4) or (6), 22(2) or (3) or 23(3) or (4) (as the case may be).

PART 5 — Anonymous elector’s documents: reminders and replacement

CHAPTER 1 — Reminders

Reminder of the need for an anonymous elector’s document: general

25

(1) In this regulation and in regulation 26, a “reminder” is a notice to a person stating that they must have an anonymous elector’s document in order to—

(a) vote in person as an anonymous elector at a relevant election, petition or referendum other than a recall petition, or

(b) sign a signing sheet as a person with an anonymous entry in the register at a recall petition.

(2) A registration officer must send a reminder to—

(a) a person as soon as reasonably practicable after the registration officer makes an anonymous entry in a register of parliamentary electors or a register of local government electors in England or Wales for that person in accordance with section 9B(3)(b) of the 1983 Act⁵¹;

(b) a qualifying anonymous elector during the relevant period.

(3) Paragraph (2)(a) does not apply to a person who—

(a) has an anonymous entry in a register of local government electors in Wales, and

(b) is not entitled to vote at a PCC election for a police area in Wales in accordance with section 52(1A) of the Police Reform and Social Responsibility Act 2011.

(4) In paragraph (2)(b), a “qualifying anonymous elector” is a person who—

(a) has an anonymous entry in—

(i) a register of parliamentary electors,

(ii) a register of local government electors in England, or

(iii) a register of local government electors in Wales and that person is entitled to vote at a PCC election for a police area in Wales in accordance with section 52(1A) of the Police Reform and Social Responsibility Act 2011;

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