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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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(b) has not been issued with an anonymous elector’s document at any time between the date on which that anonymous entry first takes effect and the beginning of the relevant period, and

(c) in the event of a relevant election, petition or referendum other than a recall petition, would not have an entry in the postal voters list or the list of proxies.

(5) The registration officer may combine a reminder under paragraph (1)(b) with a reminder under regulation 25A(2) of the Representation of the People (England and Wales) Regulations 2001 or regulation 25A(2) of the Representation of the People (Scotland) Regulations 2001 (reminder of termination of registration of person with anonymous entry).

(6) In this regulation—

(a) “the list of proxies” means the list of persons kept in pursuance of—

(i) in relation to a relevant election, petition or referendum which is a PCC election, paragraph 4(3) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012;

(ii) otherwise, paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000;

(b) “the postal voters list” means the list of persons kept in pursuance of—

(i) in relation to a relevant election, petition or referendum which is a PCC election, paragraph 4(2) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012;

(ii) otherwise, paragraph 5(2) of Schedule 4 to the Representation of the People Act 2000⁵²;

(i) beginning with the day which is nine months after the day on which the person’s anonymous entry first takes effect, and

(ii) ending with the day which is ten months after the day on which that entry first takes effect.

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

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(1) Subject to paragraph (2), a registration officer must send a reminder to all qualifying anonymous electors registered in a register for which the registration officer is appointed no later than the end of the period of two months beginning with the day on which this regulation comes into force.

(2) Paragraph (1) does not apply in respect of a qualifying anonymous elector where, during the period described in paragraph (1)—

(a) the qualifying anonymous elector’s entry is removed from the register of electors in accordance with section 9C of the 1983 Act⁵³;

(b) the registration officer sends a reminder to the qualifying anonymous elector in accordance with regulation 25.

(3) In this regulation, a “qualifying anonymous elector” means a person who, on the day on which this regulation comes into force, has an anonymous entry in—

(a) a register of parliamentary electors,

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

(c) 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.

CHAPTER 2 — Replacement of anonymous elector’s documents: change of electoral number

Application and interpretation of Chapter 2

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(1) This Chapter applies where—

(a) a person has been issued with an anonymous elector’s document in accordance with these Regulations, and

(b) the person is allocated an electoral number which is different from the one shown on that document, other than as the result of an application under section 9B of the 1983 Act (anonymous registration).

(2) In this Chapter, “electoral number” has the same meaning as in regulation 16(2).

Notification as to replacement

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The registration officer must notify a person to whom this Chapter applies that—

(a) the person’s electoral number has changed,

(b) the anonymous elector’s document previously issued to the person is no longer valid as a result,

(d) the person may notify the registration officer if the person considers that it is necessary to collect the document in person from the registration officer instead of the document being delivered by post, and the reason why the person considers that collection is necessary.

Replacement of anonymous elector’s document following change of electoral number

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(1) A registration officer must issue a person to whom this Chapter applies by virtue of regulation 27(1) with a new anonymous elector’s document and regulations 16(1) and 17 apply in relation to the issue of the new document as those regulations apply following the granting of an identity document application in accordance with regulation 11(2)(a), subject to the modifications set out in paragraphs (2) to (4).

(2) References to the applicant are to be read as references to the person issued with a document under this regulation.

(3) In regulation 16(1)(c), the reference to the photograph of the applicant is to be read as a reference to the photograph of the person contained in the issued document record entry relating to the anonymous elector’s document described in regulation 27(1)(a).

(4) In regulation 17—

(a) in paragraph (1)—

(i) the reference to regulation 16 is to be read as a reference to this regulation;

(ii) the reference to the applicant’s relevant delivery address is to be read as a reference to—

(aa) where the person is registered in pursuance of a service declaration, the person’s present address, correspondence address or British Forces Post Office Number;

(bb) where the person is registered in pursuance of an overseas elector’s declaration, the person’s present address;

(cc) otherwise, the address in respect of which the person is registered as an elector;

(b) in paragraph (3)(a), the reference to regulation 4(1)(f) is to be read as a reference to regulation 28(d);

(c) in paragraph (7), the reference to a notification under regulation 12 is to be read as a reference to a notification under regulation 28.

CHAPTER 3 — Replacement of anonymous elector’s documents following loss etc. of document

Replacement of anonymous elector’s document following loss etc. of document

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(1) This regulation applies where—

(a) a person (“P”) has been issued with an anonymous elector’s document in accordance with these Regulations,

(b) P intends to use that document as a specified document at a relevant election, petition or referendum, and

(c) during the replacement period for that relevant election, petition or referendum the document is lost, stolen, destroyed or damaged so as to be no longer usable as a specified document.

(2) Where this regulation applies, P may make a request during the replacement period to the registration officer for a replacement anonymous elector’s document.

(3) Where P makes a request in accordance with paragraph (2), the registration officer must issue a replacement anonymous elector’s document (“the replacement document”), and regulation 16(1) applies in relation to the issue of the replacement document as that regulation applies following the granting of an identity document application in accordance with regulation 11(2)(a), subject to the following modifications—

(a) references to the applicant are to be read as references to P;

(b) in regulation 16(1)(c), the reference to the photograph of the applicant is to be read as a reference to the photograph of P contained in the issued document record entry relating to the anonymous elector’s document described in paragraph (1)(a).

(4) The registration officer must—

(a) arrange for the replacement document to be made available for collection by P in person, and

(b) notify P—

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

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

(iii) that the replacement document may only be collected by P in person, and

(iv) that when collecting the issued document P must bring their certificate of anonymous registration and must show the certificate upon request.

(5) Where the issued document record entry relating to the anonymous elector’s document described in paragraph (1)(a) contains information described in regulation 20(3)(f), the registration officer must also arrange for a Braille, easy read or large print explanation of the replacement document to be made available for collection with the replacement document.

(6) In this regulation—

(a) “certificate of anonymous registration” has the same meaning as in regulation 17(6);

(b) the “replacement period”, in respect of a relevant election, petition or referendum means the period—

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

(ii) ending at the relevant time on the relevant date.

(7) For the purposes of paragraph (6)(b)—

(a) the “relevant date” means—

(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 day of the poll at that election or referendum;

(b) the “relevant time” on the relevant date means—

(i) 5pm, or

(ii) if earlier, where the relevant election, petition or referendum is a recall petition, the beginning of the final hour during which the petition will be available for signing at the allotted petition signing place on that day;

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

(8) In paragraph (7)(b), “allotted petition signing place” means the petition signing place allotted to P in accordance with regulation 16 of the 2016 Regulations.

PART 6 — Ballot paper refusal lists and signing sheet refusal lists

Ballot paper refusal list at parliamentary elections

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For the purposes of rule 29(3ZA) of Schedule 1 to the 1983 Act (parliamentary election rules: equipment of polling stations)⁵⁴, the prescribed form of the ballot paper refusal list is the form set out in Schedule 4.

Inspection etc. of the completed ballot paper refusal list or signing sheet refusal list

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(1) This regulation applies where—

(a) a person (“A”) requests a ballot paper or signing sheet (as the case may be) at a relevant election, petition or referendum—

(i) to vote at the election or referendum, or to sign the recall petition as proxy on behalf of another person (“B”), or

(ii) otherwise, to vote at the election or referendum or to sign the recall petition, and

(b) A is refused that ballot paper or signing sheet in accordance with rule 35(3) or 37(1E) of the elections rules (including rule 37(1E) as applied by rule 38, 39 or 40 of the elections rules).

(2) Where conditions 1 to 4 in this regulation are met, the list officer may—

(a) open the sealed packet containing the completed ballot paper refusal list or completed signing sheet refusal list (as the case may be) for that relevant election, petition or referendum,

(b) inspect the list, and

(3) Condition 1 is that a person requests disclosure of the information relating to A’s refusal from either—

(a) the list officer, or

(b) the relevant officer for the relevant election, petition or referendum, and the relevant officer requests disclosure of that information from the list officer.

(4) Condition 2 is that the request for disclosure is made before the destruction of the completed ballot paper refusal list or completed signing sheet refusal list (as the case may be) in accordance with rule 57(1) of the elections rules.

(5) Condition 3 is that the person requesting disclosure appears to the list officer or the relevant officer to be A or B (as the case may be).

(6) Condition 4 is that A or B (as the case may be) provides to the list officer, or provides to the relevant officer and the relevant officer provides to the list officer, the following—

(a) where paragraph (1)(a)(i) applies, A’s name and address;

(b) where paragraph (1)(a)(ii) applies, A’s electoral number.

(7) The list officer must—

(a) when opening the sealed packet and inspecting the completed ballot paper refusal list or signing sheet refusal list, ensure that no person other than the list officer can see any information contained in the list, and

(b) must re-seal the packet containing the completed ballot paper refusal list or signing sheet refusal list after inspecting the list in accordance with paragraph (2)(b).

(8) Where the list officer discloses the information relating to A’s refusal to the relevant officer in accordance with paragraph (2)(c), the relevant officer—

(a) must disclose that information to A or B (as the case may be), and

(b) must not disclose that information to any other person.

(9) In this regulation—

(a) “electoral number” has the meaning given in rule 40ZB(8) of the elections rules;

(b) the “information relating to A’s refusal” means—

(i) the reason for the refusal to deliver—

(aa) a ballot paper to A, as recorded on the completed ballot paper refusal list in accordance with rule 40ZB(2)(b) or (3)(b) of the elections rules, or

(bb) a signing sheet to A, as recorded on the completed signing sheet refusal list in accordance with regulation 30A(2)(b) or (3)(b) of the 2016 Regulations, and

(ii) any note relating to A which is added to such a list in accordance with rule 40ZB(5) or (6) of the elections rules;

(i) in respect of a recall petition in England or Wales, means the registration officer described in regulation 44(3)(a) of the 2016 Regulations;

(ii) in respect of a relevant election, petition or referendum in England or Wales other than a recall petition, means the relevant registration officer as defined by rule 55(1A) of the elections rules;

(iii) in respect of a relevant election, petition or referendum in Scotland, means the relevant officer;

(d) “relevant election, petition or referendum” does not include a parliamentary general election to which paragraph 18 of Schedule 1 to the Elections Act 2022 does not apply.

PART 7 — Rule 40B of the elections rules: collection and collation of information

Application of rule 40B of the parliamentary election rules

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Rule 40B of Schedule 1 to the 1983 Act (collection and disclosure of information relating to applications made under rules 37 to 40)⁵⁵ applies in relation to a parliamentary general election described in section 59A(2) of the 1983 Act⁵⁶.

Collection of information by the presiding officer

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(1) This regulation and regulation 35 apply in relation to—

(a) a parliamentary general election to which rule 40B of Schedule 1 to the 1983 Act applies, and

(b) a local government election, a combined authority mayoral election , a combined county authority mayoral election or a local authority mayoral election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act applies.

(2) For the purposes of rule 40B(2) of the elections rules, the presiding officer must collect the following information—

(a) an indication whether the presiding officer or a clerk explained the voter identification requirements to each voter prior to the voter making an application under rule 37(1) of the elections rules;

(b) the number of voters to whom the presiding officer delivers a ballot paper in each of the following circumstances—

(i) following the production of an anonymous elector’s document by the voter;

(ii) following the production of an electoral identity document or a temporary electoral identity document by the voter;

(c) the number of voters who request the use of a private area of the polling station for the production of a document in accordance with rule 37(1B) of the elections rules;

(d) the number of voters to whom the presiding officer refuses to deliver a ballot paper in accordance with rule 35(3) or 37(1E)(a) or (b) of the elections rules;

(e) the number of voters to whom the presiding officer, having ascertained the elector’s name and address following that voter’s application under rule 37 of the elections rules, is unable to deliver a ballot paper for any of the following reasons—

(i) when asked to produce a specified document, the voter produces a document other than a specified document;

(ii) when asked to produce a specified document, the voter is unable to produce a specified document;

(f) in respect of each of sub-paragraphs (d) and (e), the number of such voters to whom the presiding officer subsequently delivers a ballot paper upon that person making a further application.

(3) In paragraph (2)—

(a) a reference to rule 37 of the elections rules includes a reference to that rule as applied by rule 38, 39 or 40 of the elections rules;

(b) a reference to a presiding officer delivering or refusing to deliver a ballot paper includes a reference to a presiding officer—

(i) causing or refusing to cause a voter’s vote to be marked on a ballot paper in accordance with paragraph (1) of rule 38 of the elections rules (votes marked by presiding officer);

(ii) granting or refusing an application under paragraph (1) of rule 39 of the elections rules (voting by persons with disabilities);

(c) a reference to a further application includes a reference to a person seeking a further time to mark a tendered ballot paper under the paragraph of rule 40 of the elections rules (tendered ballot papers) under which a previous such attempt was made;

(d) the “voter identification requirements” means rule 37(1A) to (1T) of the elections rules.

Collation of information by relevant registration officer or returning officer

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(1) Paragraph (2) applies to the information provided to a collating officer—

(a) by each presiding officer in accordance with rule 40B(2)(b) of the elections rules, or

(b) by the returning officer, in accordance with rule 40B(2)(b) and (3)(a) of the elections rules.

(2) For the purposes of rule 40B(5)(b) of the elections rules, the collating officer must collate the information provided by—

(a) separating that information into two groups depending on whether the indication by the presiding officer in accordance with regulation 34(2)(a) is that the explanation described in that regulation was or was not given;

(b) for each group described in sub-paragraph (a), calculating the total number of voters for each category of information listed in regulation 34(2)(b) to (f).

(3) In this regulation, the “collating officer”—

(a) in relation to an election held in England and Wales is the relevant registration officer (as defined in rule 40B(12)(b) of the elections rules);

(b) in relation to an election held in Scotland, is the returning officer.

PART 8 — Amendments relating to the conduct of parliamentary elections

Amendment of the Representation of the People (Scotland) Regulations 1986

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In regulation 98 of the Representation of the People (Scotland) Regulations 1986 (modification of parliamentary election rules)⁵⁷—

(a) omit paragraph (4);

(b) for paragraphs (8) and (9) substitute—

(8) In rule 35 (questions to be put to voters), in the questions specified in the second column of the table— (a) for the words “this election”, wherever they appear, substitute “this Parliamentary election”; (b) in question 3(b) after the words “here or elsewhere” insert “at this Parliamentary election”. (9) In rule 37 (voting procedure and voter identification requirements: Great Britain), after paragraph (3) insert— (3A) The same copy of the register of electors or where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of this Act may be used under paragraph (1) for each election and— (a) one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been issued in respect of each election; and (b) where a ballot paper has not been issued in respect of one election, a different mark must be placed in the register on the notice or in the list, so as to identify the election in respect of which the ballot paper was issued.

(20) In rule 60 (death of independent candidate) after paragraph (5) insert— (6) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned affects the poll at the local government election. (20A) In rule 63 (death of party candidate)— (a) after paragraph (2) insert— (2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned affects the poll at the local government election. (b) in paragraph (3) after “with reference to the” insert “parliamentary”. (20B) In rule 64 (death of the Speaker of the House of Commons seeking re-election)— (a) after paragraph (2) insert— (2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned affects the poll at the local government election. (b) in paragraph (3) after “with reference to the” insert “parliamentary”. (20C) For rule 65 (abandoned poll) substitute— (65) (1) This rule applies to— (a) a poll at a parliamentary election which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election; (b) a poll at a parliamentary election which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b). (2) No further ballot papers at the parliamentary election must be issued in any polling station. (3) At the close of poll for the local government election the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he would be required to do if the poll at the parliamentary election had not been abandoned. (4) The returning officer must dispose of ballot papers used at the parliamentary election and other documents in his possession as he is required to do on the completion of the counting of votes. (5) It is not necessary for a parliamentary ballot paper account to be prepared or verified. (6) Having separated the ballot papers relating to the local government election, the returning officer must take no step or further step for the counting of the ballot papers used at the parliamentary election or of the votes cast at the parliamentary election. (7) The returning officer must seal up all the ballot papers used at the parliamentary election (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets. (8) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a parliamentary election apply subject to paragraphs (9) and (10). (9) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers. (10) No order is to be made for— (a) the production or inspection of any ballot papers, or (b) the opening of a sealed packet of the completed corresponding number list or of certificates as to employment on the day of the poll, unless the order is made by a court with reference to a prosecution.

(d) for paragraph (21) substitute—

(21) In the Appendix of forms, for the form of directions for the guidance of the voters in voting substitute— [image omitted]

Amendment of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

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In Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (modifications to parliamentary elections rules)⁵⁸—

(a) in paragraph 6, in the inserted text—

(i) in paragraph (5), for “If” substitute “Subject to paragraph (6), if”;

(ii) after paragraph (5) insert—

(6) Paragraph (5) does not apply in respect of the official poll card for a local government election in Wales.

(b) in paragraph 19, in the inserted text, in paragraph (1A) after “(c)” insert “, (db)”;

(i) omit the “or” after sub-paragraph (a);

(ii) after sub-paragraph (a) insert—

(aa) the completed ballot paper refusal list, or

(d) in the Appendix of Forms, for the form of directions for the guidance of the voters in voting substitute the corresponding form in Schedule 5.

PART 9 — Amendment of the Representation of the People (England and Wales) Regulations 2001 and the Representation of the People (Scotland) Regulations 2001

Amendment of the Representation of the People (England and Wales) Regulations 2001

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(1) The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

(2) In regulation 31I (anonymous registration: evidence consisting of relevant court orders or injunctions), in paragraph (3), after sub-paragraph (s) insert—

(t) except in relation to an application for an anonymous entry on a register of local government electors in Wales, a domestic abuse protection order within the meaning of section 27 of the Domestic Abuse Act 2021.

(3) In regulation 45F (supply of the record of anonymous entries to police forces and other organisations), in paragraph (1)(c), at the beginning insert “so far as the record relates to an anonymous entry in a register of local government electors in Wales,”.

(4) In regulation 52 (additional requirements for applications for the appointment of a proxy)—

(a) in paragraph (A1)(b), after “paragraph 6(7)” insert “or (8)”;

(b) after paragraph (1) insert—

(1A) Paragraph (1B) applies where— (a) an application under paragraph 6(7) or (8) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election or at a local government election in England is made by a person (“A”); (b) A has previously appointed a person (“B”) as A’s proxy for those purposes; (c) at the time of making the application, B’s appointment remains in force; and (d) A’s application is made on grounds relating to voter identification which relate to B. (1B) Where this paragraph applies A’s application must— (a) state that this paragraph applies, and (b) state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 56A apply in respect of B. (1C) In paragraph (1A)— (a) in sub-paragraph (a), the reference to an application under paragraph 6(8) of Schedule 4 includes such an application which is included in an application under paragraph 4(2) of Schedule 4⁵⁹; (b) in sub-paragraph (d), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

(5) In regulation 55A (additional requirements for application for an emergency proxy vote in respect of a particular election), in the heading, at the end insert “: grounds relating to occupation, service or employment”.

(6) After regulation 55A insert—

(55B) (1) Subject to paragraph (2), this regulation applies to an application under paragraph 4(2) of Schedule 4 to which regulation 56(3D) applies. (2) This regulation does not apply where— (a) the application under paragraph 4(2) of Schedule 4 includes an application under paragraph 6(8) of Schedule 4, and (b) regulation 52(1B) applies to that application under paragraph 6(8). (3) Where this regulation applies, the application under paragraph 4(2) must (in addition to providing any other information required by this Part)— (a) state that it is made on grounds relating to voter identification, and (b) state which of the conditions set out in regulation 56A apply to the applicant. (4) (4)In this regulation, “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

(7) In regulation 56 (closing date for applications)—

(a) before paragraph (2) insert—

(1B) Paragraph (2) is subject to paragraph (2ZA).

(b) after paragraph (2) insert—

(2ZA) An application under paragraph 6(7) of Schedule 4 which is made on grounds relating to voter identification must be disregarded for the purpose of a particular parliamentary or local government election in England if it is received by the registration officer after 5pm on the day of the poll at that election.

(2C) Paragraph (3) is subject to paragraph (3D).

(d) before paragraph (4) insert—

(3D) Where an application is made under paragraph 4(2) or 6(8) of Schedule 4 in relation to a parliamentary election or a local government election in England on grounds relating to voter identification, the application must be refused if it is received after 5pm on the day of the poll at the election for which it is made. (3E) In paragraphs (2ZA) and (3D), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

(8) After regulation 56 insert—

(56A) (1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B— (a) condition 1, 2, 3 or 4 in this regulation, and (b) except where B has an anonymous entry on the register, condition 5. (2) In this regulation, “B” means— (a) the applicant, where— (i) the application is made under paragraph 4(2) of Schedule 4, and (ii) regulation 52(1B) does not apply to the application made under paragraph 6(8) of Schedule 4 which is included in that application under paragraph 4(2); (b) otherwise, the person already appointed as the applicant’s proxy at the time the application is made. (3) Condition 1 is that— (a) immediately before the deadline, B has a specified document which B intends to use to vote in person at a parliamentary election or at a local government election in England, and (b) after that deadline, that document is— (i) lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that election, or (ii) sent by B to another person to prove B’s identity, and B considers it is unlikely to be returned to B on or before the day of poll at that election. (4) Condition 2 is that— (a) at a time during the period of 3 months ending with the deadline, B has applied for a specified document, (b) immediately before the deadline, B has not received that document, and (c) the application for the specified document has not been refused or withdrawn. (5) Condition 3 is that— (a) B has an anonymous entry on the register, and (b) either— (i) B has not been issued with an anonymous elector’s document, or (ii) B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration). (6) (6)Condition 4 is that— (a) B has a temporary electoral identity document which is valid for use on the day of poll at a parliamentary election or a local government election in England, and (b) before B is able to vote in person at such an election using that document, proceedings at B’s polling station are adjourned in accordance with rule 42 of the elections rules (adjournment of poll in case of riot). (7) Condition 5 is that B does not have access to another specified document. (8) In this regulation— (a) “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022; (b) the “deadline” means the time stated in regulation 56(2) or (3) after which, ignoring any other paragraphs in that regulation, an application under paragraph 4(2) or 6(7) or (8) of Schedule 4 must be disregarded or refused (as the case may be) by a registration officer; (c) “specified document” has the meaning given in rule 37(1H) and (1K) of the elections rules.

(9) In regulation 94 (restrictions on supply of full register and disclosure of information from it by the registration officer and his staff), after paragraph (4) insert—

(5) In this regulation, references to a registration officer’s registration duties include references to the officer’s functions under sections 13BD and 13BE of the 1983 Act.

(10) In regulation 109 (supply of full register etc to police forces and other agencies), in paragraph (1)(e), at the beginning insert “in relation to a register of local government electors in Wales,”.

(11) In Schedule 3 (forms)—

(a) for Form A (official poll card to be sent to an elector voting in person), substitute the corresponding form in Part 1 of Schedule 6;

(b) for Form B (official proxy poll card to be sent to an appointed proxy voting in person), substitute the corresponding form in Part 1 of Schedule 6.

Amendment of the Representation of the People (Scotland) Regulations 2001

39

(1) The Representation of the People (Scotland) Regulations 2001 are amended as follows.

(2) In regulation 31I (anonymous registration: evidence consisting of relevant court orders or injunctions), in paragraph (3), after sub-paragraph (s) insert—

(t) in relation to an application for an anonymous entry on a register of parliamentary electors, a domestic abuse protection order within the meaning of section 27 of the Domestic Abuse Act 2021.

(3) In regulation 45E (supply of the record of anonymous entries to police forces and other organisations), in paragraph (1)(c), at the beginning insert “so far as the record relates to an anonymous entry in a register of local government electors,”.

(4) In regulation 52 (additional requirements for applications for the appointment of a proxy)—

(a) in paragraph (A1)(b), after “paragraph 6(7)” insert “or (8)”;

(b) after paragraph (1) insert—

(1A) Paragraph (1B) applies where— (a) an application under paragraph 6(7) or (8) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election is made by a person (“A”); (b) A has previously appointed a person (“B”) as A’s proxy for those purposes; (c) at the time of making the application, B’s appointment remains in force; and (d) A’s application is made on grounds relating to voter identification which relate to B. (1B) Where this paragraph applies A’s application must— (a) state that this paragraph applies, and (b) state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 56A apply in respect of B. (1C) In paragraph (1A)— (a) in sub-paragraph (a), the reference to an application under paragraph 6(8) of Schedule 4 includes such an application which is included in an application under paragraph 4(2) of Schedule 4; (b) in sub-paragraph (d), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

(5) In regulation 55A (additional requirements for application for an emergency proxy vote in respect of a particular election), in the heading, at the end insert “: grounds relating to occupation, service or employment”.

(6) After regulation 55A insert—

(55B) (1) Subject to paragraph (2), this regulation applies to an application under paragraph 4(2) of Schedule 4 to which regulation 56(3D) applies. (2) This regulation does not apply where— (a) the application under paragraph 4(2) of Schedule 4 includes an application under paragraph 6(8) of Schedule 4, and (b) regulation 52(1B) applies to that application under paragraph 6(8). (3) Where this regulation applies, the application under paragraph 4(2) must (in addition to providing any other information required by this Part)— (a) state that it is made on grounds relating to voter identification, and (b) state which of the conditions set out in regulation 56A apply to the applicant. (4) (4)In this regulation, “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

(7) In regulation 56 (closing date for applications)—

(a) in paragraph (2), after “Subject to paragraph” insert “(2ZA) or”;

(b) after paragraph (2) insert—

(2ZA) An application under paragraph 6(7) of Schedule 4 which is made on grounds relating to voter identification must be disregarded for the purpose of a particular parliamentary election if it is received by the registration officer after 5pm on the day of the poll at that election.

(d) before paragraph (4) insert—

(3D) Where an application is made under paragraph 4(2) or 6(8) of Schedule 4 in relation to a parliamentary election on grounds relating to voter identification, the application must be refused if it is received after 5pm on the day of the poll at the election for which it is made. (3E) In paragraphs (2ZA) and (3D), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

(8) After regulation 56 insert—

(56A) (1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B— (a) condition 1, 2, 3 or 4 in this regulation, and (b) except where B has an anonymous entry on the register, condition 5. (2) In this regulation, “B” means— (a) the applicant, where— (i) the application is made under paragraph 4(2) of Schedule 4, and (ii) regulation 52(1B) does not apply to the application made under paragraph 6(8) of Schedule 4 which is included in that application under paragraph 4(2); (b) otherwise, the person already appointed as the applicant’s proxy at the time the application is made. (3) Condition 1 is that— (a) immediately before the deadline, B has a specified document which B intends to use to vote in person at a parliamentary election, and (b) after that deadline, that document is— (i) lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that election, or (ii) sent by B to another person to prove B’s identity, and B considers it is unlikely to be returned to B on or before the day of poll at that election. (4) Condition 2 is that— (a) at a time during the period of 3 months ending with the deadline, B has applied for a specified document, (b) immediately before the deadline, B has not received that document, and (c) the application for the specified document has not been refused or withdrawn. (5) Condition 3 is that— (a) B has an anonymous entry on the register, and (b) either— (i) B has not been issued with an anonymous elector’s document, or (ii) B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration). (6) Condition 4 is that— (a) B has a temporary electoral identity document which is valid for use on the day of poll at a parliamentary election, and (b) before B is able to vote in person at that election using that document, proceedings at B’s polling station are adjourned in accordance with rule 42 of the elections rules (adjournment of poll in case of riot). (7) Condition 5 is that B does not have access to another specified document. (8) In this regulation— (a) “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022; (b) the “deadline” means the time stated in regulation 56(2) or (3) after which, ignoring any other paragraphs in that regulation, an application under paragraph 4(2) or 6(7) or (8) of Schedule 4 must be disregarded or refused (as the case may be) by a registration officer; (c) “specified document” has the meaning given in rule 37(1H) and (1K) of the elections rules.

(9) In regulation 94 (restrictions on supply of full register and disclosure of information from it by the registration officer and his staff), after paragraph (4) insert—

(5) In this regulation, references to a registration officer’s registration duties include references to the officer’s functions under sections 13BD and 13BE of the 1983 Act.

(10) In regulation 108 (supply of full register etc to police forces and other agencies), in paragraph (1)(e), at the beginning insert “in relation to a register of local government electors,”.

(11) In Schedule 3 (forms)—

(a) for Form A (official poll card to be sent to an elector voting in person), substitute the corresponding form in Part 2 of Schedule 6;

(b) for Form B (official proxy poll card to be sent to an appointed proxy voting in person), substitute the corresponding form in Part 2 of Schedule 6.

Amendments consequential on regulation 39

40

(1) In regulation 2 of the Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 (expiry and savings provision)⁶⁰, in paragraph (1), for “and (2)(a) to (c)” in the second place it occurs, substitute “, (2)(a) to (c) and (4)(a)”.

(2) In regulation 56(2) of the Representation of the People (Scotland) Regulations 2001 (as amended by regulation 39(7)(a)), omit “or (2A)”.

(3) The amendment made by paragraph (2) does not apply in respect of an application made in respect of a parliamentary election after the date on which that paragraph comes into force where—

(a) the notice of the election is published before 1st March 2023, and

(b) the poll for that election takes place on or after that date.

Amendment of the Representation of the People (Northern Ireland) Regulations 2008

41

In regulation 38C of the Representation of the People (Northern Ireland) Regulations 2008 (anonymous registration: evidence consisting of relevant court orders or injunctions)⁶¹, in paragraph (3)—

(a) in sub-paragraph (r), omit the final “or”;

(b) in sub-paragraph (s), at the end insert “or”;

(t) a domestic abuse protection order within the meaning of section 27 of the Domestic Abuse Act 2021.

PART 10 — Amendment of conduct rules for other elections, referendums and recall petitions

Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

42

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 are amended in accordance with regulations 43 to 45.

Amendment of Schedule 1 (mayoral elections rules)

43

(1) Schedule 1 (mayoral election rules) is amended as follows.

(2) In the contents list, at the appropriate place—

(a) insert “41A Refusal to deliver ballot paper: mayoral elections in England”;

(b) insert “41B Collection and disclosure of information relating to applications made under rules 37 to 40 at mayoral elections in England”.

(3) In rule 2 (interpretation), after paragraph (1) insert—

(1A) (1A)In these Rules, “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022.

(4) In rule 25 (provision of polling stations) after paragraph (4) insert—

(5) In the case of a mayoral election held in England, the returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

(5) In rule 26 (appointment of presiding officers and polling clerks), in paragraph (3), at the end insert—

and in respect of a presiding officer for a mayoral election in England only— (a) refuse to deliver a ballot paper under rule 35(3A) or rule 37(1F) (including that rule as applied by rules 38, 39 or 40), or (b) resolve doubts over identity as mentioned in rule 37(1G) (including that rule as applied by rule 38, 39 or 40).

(6) In rule 28 (equipment of polling stations), before paragraph (6) insert—

(5B) In the case of a mayoral election held in England— (a) the returning officer must also provide each polling station with a ballot paper refusal list, in the appropriate form in the Appendix or a form to the like effect, on which entries are to be made as mentioned in rule 41A (refusal to deliver ballot paper: mayoral elections in England); (b) a large notice must be displayed inside each polling station containing— (i) relevant identification details, and (ii) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the elector or proxy that the voter claims to be. (5C) In paragraph (5B)(b)(i), “relevant identification details” means details of the documents the voter needs to produce when applying for a ballot paper, namely— (a) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules)⁶²; (b) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.

(7) In rule 35 (questions to be put to voters)—

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

(za) At a mayoral election held in England, “What is your name?” (zb) At a mayoral election held in England, “What is your address?”

(b) after paragraph (2) insert—

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

(d) after paragraph (3) insert—

(3A) In the case of a mayoral election held in England, where the presiding officer— (a) gives a person the required information, (b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person (and see rule 41A (procedure where ballot paper is refused under this paragraph)). (3B) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of local government electors; (b) where both those questions are put, the answers match a name and address in that register that relate to the same person. (3C) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3B) are to be read as references to the notice issued under section 13B(3B) or (3D).

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

(f) after paragraph (4) insert—

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

(8) In rule 37 (voting procedure)—

(a) in paragraph (1)—

(i) for “A” substitute “Subject to rule 35(3A) and to paragraphs (1A) to (1N), a”;

(ii) in sub-paragraph (a), at the beginning insert “in the case of a mayoral election in Wales only,”;

(b) after paragraph (1) insert—

(1A) Paragraphs (1B) to (1N) apply in the case of a mayoral election held in England. (1B) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk. (1C) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter. (1D) Paragraph (1E) applies in relation to a voter where— (a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document. (1E) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place. (1F) The presiding officer must refuse to deliver a ballot paper to a voter where— (a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document. (1G) Paragraph (1F)(a) does not apply where— (a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be. (1H) The refusal to deliver a ballot paper to a voter under paragraph (1F) does not prevent the voter making a further application under paragraph (1), and paragraphs (1B) to (1G) apply on any further application. (1I) In this rule, a “forged document” means a false document made to resemble a specified document. (1J) In this rule, a “specified document”— (a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules); (b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which— (i) was issued by the registration officer for the local authority in whose area the election is held, and (ii) contains the number— (aa) allocated to the voter as stated in the copy of the register of electors, or (bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (1K) Subject to paragraph (1L), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it. (1L) Paragraph (1K) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued. (1M) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter. (1N) References in this rule to producing a document are to producing it for inspection.

(9) In rule 38 (votes marked by presiding officer)—

(a) in paragraph (1), for “The” substitute “Subject to paragraph (1A), the”;

(b) after paragraph (1) insert—

(1A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if— (a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and (b) in rule 37(1H), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(10) In rule 39 (voting by persons with disabilities)—

(a) in paragraph (2), for “If” substitute “Subject to paragraph (2A), if”;

(b) after paragraph (2) insert—

(2A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if— (a) references to delivering a ballot paper to a voter were to granting a voter’s application, and (b) in rule 37(1H), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(11) In rule 40 (tendered ballot papers – circumstances where available), after paragraph (6) insert—

(7) Paragraphs (1B) to (1N) of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule at a mayoral election held in England as they apply in the case of a voter who applies for a ballot paper under rule 37(1), but as if, in rule 37(1H) the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

(12) After rule 41 (tendered ballot papers – general provisions) insert—

(41A) (1) This rule applies in relation to a mayoral election held in England. (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list— (a) the voter’s electoral number, and (b) against that number, the reason for the refusal. (3) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the name and address of the voter, and (b) against those details, the reason for the refusal. (4) Paragraphs (5) and (6) apply where— (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1F), and (b) the voter makes a further application as permitted by rule 37(1H). (5) If a ballot paper is delivered to the voter following that application, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (6) If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (7) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter). (8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (9) Subject to rule 37(1H) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever. (10) A refusal to deliver a ballot paper to a voter is subject to review on an election petition. (11) In this rule— (a) except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3A) or 37(1F), and (b) any reference to paragraph (1F) or (1H) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40. (41B) (1) This rule applies in relation to a mayoral election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act (reports on voter identification requirements in respect of local government elections) applies by virtue of subsection (5A) of that section. (2) The presiding officer must— (a) collect the information described in regulation 34 of the Voter Identification Regulations 2022 (collection of information by presiding officer) relating to applications made under rules 37(1), 38(1), 39(1) or 40(1), and (b) provide that information to the returning officer as soon as practicable after the close of the poll. (3) The returning officer must forward the information to the relevant registration officer. (4) As soon as reasonably practicable after receiving the information the relevant registration officer must— (a) anonymise the information by removing from it all names and electoral numbers of the people to whom the information relates, and (b) collate the information in accordance with regulation 35 of the Voter Identification Regulations 2022 (collation of information by relevant registration officer). The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (4) information”. (5) The relevant registration officer must provide the paragraph (4) information— (a) to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (4), and (b) where they request the information, to the Electoral Commission. (6) The relevant registration officer must not disclose the paragraph (4) information otherwise than in accordance with paragraph (5). (7) The relevant registration officer must retain the information anonymised in accordance with paragraph (4)(a) for at least 10 years. (8) For the purpose of paragraph (4)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (9) Except as provided by paragraph (10), a disclosure of information under this rule does not breach— (a) any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or (b) any other restriction on the disclosure of information (however imposed). (10) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account). (11) In this rule— (a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018⁶³; (b) references to the relevant registration officer are to the registration officer of the local authority in whose area the election is held.

(13) In rule 45 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da) in the case of a mayoral election held in England, the ballot paper refusal list completed in accordance with rule 41A,

(14) In rule 56 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (a) insert—

(aa) in the case of a mayoral election held in England, the completed ballot paper refusal list,

(15) In rule 58 (orders for production of documents), after paragraph (1) insert—

(1A) An order— (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or (b) for the inspection or production of that list, may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to a mayoral election held in England.

(16) In the Appendix of Forms—

(a) in the list of forms—

(i) in the entry for Form 8 (elector’s official poll card), at the end insert “(for use at mayoral elections in Wales)”;

(ii) after the entry for Form 8, insert “Form 8A: Elector’s official poll card (for use at mayoral elections in England)”;

(iii) in the entry for Form 10 (official proxy poll card), at the end insert “(for use at mayoral elections in Wales)”;

(iv) after the entry for Form 10, insert “Form 10A: Official proxy poll card (for use at mayoral elections in England)”;

(v) after the entry for Form 11 (official proxy postal poll card) insert “Form 11A: Ballot paper refusal list”;

(vi) in the entry for Form 12 (directions for guidance of voters), at the end insert “(for use at mayoral elections in Wales)”;

(vii) after the entry for Form 12, insert “Form 12A: Directions for guidance of voters (for use at mayoral elections in England)”;

(b) after Form 8, insert new Form 8A as set out in Part 1 of Schedule 7;

(d) after Form 11, insert new Form 11A as set out in Part 1 of Schedule 7;

(e) after Form 12, insert new Form 12A as set out in Part 1 of Schedule 7.

Amendment of Schedule 2 (modifications of Acts and statutory instruments)

44

(1) Table 1 (Representation of the People Act 1983) of Schedule 2 (modifications of Acts and statutory instruments) is amended as follows.

(2) For the entries for sections 36 and 39 substitute—

Section 36 (local elections in England)	In subsection (3) in paragraph (a), after “such a councillor,” insert “or the election of an elected mayor of a district council”. In subsection (3AC), in paragraph (a), after “such a councillor”, insert “or the election of an elected mayor of the council of a county in England in which there are no district councils”. In subsection (4), after “a London borough)” insert “or the election of an elected mayor of the council of such an area,”. In subsection (6), after “England”, insert “or at an election of an elected mayor of the council of any such area,”.
Section 39 (local elections void etc in England and Wales) ⁶⁴	In subsection (2), after “other reason”, insert “a mayoral election or”. In subsection (5), in paragraph (a), after “section 36 or section 36A above”, insert “or, in the case of a mayoral election, regulations under section 9HE of the 2000 Act,”. In subsection (6), in paragraph (a)— in sub-paragraph (i), after “section 36A)” insert “or under Part 1A of the 2000 Act (and the regulations under section 9HE of that Act)”, and omit “, or, as the case may be, the district council, or Welsh county or county borough council,”.

Section 36 (local elections in England)

In subsection (3) in paragraph (a), after “such a councillor,” insert “or the election of an elected mayor of a district council”. In subsection (3AC), in paragraph (a), after “such a councillor”, insert “or the election of an elected mayor of the council of a county in England in which there are no district councils”. In subsection (4), after “a London borough)” insert “or the election of an elected mayor of the council of such an area,”. In subsection (6), after “England”, insert “or at an election of an elected mayor of the council of any such area,”.

Section 39 (local elections void etc in England and Wales) ⁶⁴

In subsection (2), after “other reason”, insert “a mayoral election or”. In subsection (5), in paragraph (a), after “section 36 or section 36A above”, insert “or, in the case of a mayoral election, regulations under section 9HE of the 2000 Act,”. In subsection (6), in paragraph (a)— in sub-paragraph (i), after “section 36A)” insert “or under Part 1A of the 2000 Act (and the regulations under section 9HE of that Act)”, and omit “, or, as the case may be, the district council, or Welsh county or county borough council,”.

(3) After the entry for section 54 (payment of expenses on registration) insert—

Section 59A (reports on voter identification requirements in Great Britain)

After subsection (5) insert— 5A Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect of the mayoral election corresponding requirements on applications made under the provisions of rules made under section 9HE of the Local Government Act 2000 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules. 5B Subsection (5A) applies in respect of an election of a local authority mayor where— a the day of poll for that election is the same day as the poll for the ordinary elections of councillors described in subsection (4), b the election relates to a local government area to which the duty in subsection (4) otherwise applies, and c the timing of that election is determined in accordance with regulations 3, 4 or 7 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (timing of elections of mayors other than elections resulting from casual vacancies)⁶⁵. 5C In subsection (5A), “mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to mayoral elections in England by virtue of rules made under section 9HE of the Local Government Act 2000. . In subsection (6), after paragraph (b) insert— c in the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules made under section 9HE of the Local Government Act 2000 corresponding to rule 40B of the parliamentary elections rules.

Amendment of Schedule 3 (mayoral election combination of poll rules)

45

(1) Schedule 3 (mayoral election combination of poll rules) is amended as follows.

(2) In the contents list, at the appropriate place—

(a) insert “41A Refusal to deliver ballot paper: mayoral elections in England”;

(b) insert “41B Collection and disclosure of information relating to applications made under rules 37 to 40 at mayoral elections in England”.

(3) In rule 2 (interpretation)—

(a) before the definition of “the Appendix” insert—

“anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022”;

(b) after the definition of “returning officer” insert—

“temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022”;

(4) In rule 25 (provision of polling stations) after paragraph (4) insert—

(5) In the case of a mayoral election held in England, the returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

(5) In rule 26 (appointment of presiding officers and polling clerks), in paragraph (3), at the end insert—

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