The Voter Identification Regulations 2022

(41A) (1) 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. (2) 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. (3) Paragraphs (4) and (5) apply where— (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1E), and (b) the voter makes a further application as permitted by rule 37(1G). (4) 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. (5) 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. (6) 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 (4), as soon as practicable after the delivery of a ballot paper to a voter). (7) For the purposes of paragraph (1)(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. (8) Subject to rule 37(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever. (9) A refusal to deliver a ballot paper to a voter is subject to review on an election petition. (10) In this rule— (a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3) or 37(1E), and (b) any reference to paragraph (1E) or (1G) 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 an 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 2018; (b) references to the relevant registration officer are to the registration officer of the constituent council in relation to whose area the returning officer exercises functions under this Order.

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

(da) the ballot paper refusal list completed in accordance with rule 41A,

• (14) In rule 61 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (b) insert—

(ba) the completed ballot paper refusal list,

• (15) In rule 62 (delivery and retention of documents), after paragraph (c) insert—

(ca) the packet containing the completed ballot paper refusal list,

• (16) In rule 63 (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.

• (17) In Part 9 (appendix of forms)—

• (a) in the list of forms, after the entry “Form 11: Official proxy postal poll card” insert “Form 11A: Ballot paper refusal list”;

• (b) for Form 8 (official poll card) substitute the corresponding form in Part 2 of Schedule 13;

• (c) for Form 10 (official proxy poll card) substitute the corresponding form in Part 2 of Schedule 13;

• (d) after Form 11 (official proxy postal poll card) insert new Form 11A (ballot paper refusal list) as set out in Part 2 of Schedule 13;

• (e) for Form 12 (directions for the guidance of voters) substitute the corresponding form in Part 2 of Schedule 13.

Amendment of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021

97

• (1) The Police and Crime Commissioner Elections (Welsh Forms) Order 2021⁶⁹ is amended as follows.

• (2) In article 5 (Welsh and English versions of forms), in Table 3, after the entry for Form 14 (official postal proxy poll card) insert—

Form 14A (ballot paper refusal list)	Referred to in rule 29(4A) of, and set out in Part 8 of, the PCC elections rules

• (3) In Schedule 1 (Welsh versions of forms of words), for Part 2 substitute the new Part 2 as set out in Part 1 of Schedule 14.

• (4) In Schedule 3 (Welsh and English versions of prescribed forms)—

• (a) for Form 1 (proxy paper at particular PCC election), substitute the corresponding form in Part 2 of Schedule 14;

• (b) for Form 11 (poll card) substitute the corresponding form in Part 2 of Schedule 14;

• (c) for Form 13 (proxy poll card) substitute the corresponding form in Part 2 of Schedule 14;

• (d) after Form 14 (proxy postal poll card) insert new Form 14A (ballot paper refusal list) as set out in Part 2 of Schedule 14;

• (e) for Form 16 (Notice for guidance of voters for exhibition inside and outside polling station) substitute the corresponding form in Part 2 of Schedule 14.

SCHEDULE 1 — Enabling Powers

These Regulations are made under the following powers—

• (a) the following provisions of the Representation of the People Act 1983—

• (i) sections 9B(1A), 13BD(3), (4), (8), (9), (10) and (11), 13BE(3), (4), (8), (9), (10), (11) and (12), 53(1)(ba) and (4), 56(1) and (5) (including that section as applied in relation to Scotland by section 57(1)) and 201(3)⁷⁰;

• (ii) in Schedule 1, rule 28(3), 29(3ZA), 40B(1), (2) and (5)(b) and 56A(1), (2) and (3) (including that rule as modified by rule 58(2)(ba))⁷¹;

• (iii) in Schedule 2, paragraphs 1(2), (2A) and (4), 1A(1), (2) and (3), 3ZA(1), (2)(a), (2A) and (3A), 8BA(1), (3) and (4), 8C, 10B(1)(a), 11(3) and 13(1) and (1ZB)⁷²;

• (b) section 15(5) of the Representation of the People Act 1985;

• (c) paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 (including as applied by section 38A(3) of the Planning and Compulsory Purchase Act 2004⁷³);

• (d) sections 52ZQ and 113(1) and (2) of the Local Government Finance Act 1992⁷⁴;

• (e) paragraphs 4(2)(c) and 6(7) and (8) of Schedule 4 to the Representation of the People Act 2000⁷⁵;

• (f) sections 9HE(1), 9MG(2) to (5) and 105(2) and (3) of the Local Government Act 2000;

• (g) sections 114(1) and 117(1A) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009⁷⁶;

• (h) section 58(1) (including as extended by section 26(3) of the Welsh Language Act 1993) and 154(5) of the Police Reform and Social Responsibility Act 2011⁷⁷;

• (i) section 18(1) of the Recall of MPs Act 2015.

SCHEDULE 2 — Identity document applications: photograph requirements

1

A photograph included in an identity document application (“the photograph”) must meet the following requirements.

2

The photograph must be a close-up photograph of the head and shoulders of the applicant.

3

• (1) Subject to sub-paragraph (2), the photograph must show the full head of the applicant (without any other person visible or any covering, unless it is worn for religious beliefs or medical reasons)—

• (a) facing forward,

• (b) with nothing covering the face,

• (c) looking straight at the camera,

• (d) with a plain facial expression, and

• (e) with eyes open and clearly visible (e.g. without sunglasses and not obscured with hair etc.).

• (2) The requirements in paragraph (1)(d) and (e) do not apply where the applicant is unable to provide a photograph which complies with either or both of those requirements (as the case may be) due to any disability.

4

The photograph must be in colour and taken against a plain, light background.

5

The photograph must be—

• (a) in sharp focus and clear,

• (b) free from “redeye”, shadows which obscure the face, or reflection,

• (c) undamaged, and

• (d) a true likeness of the applicant, without amendment or manipulation.

6

For an application made other than via the digital service, the photograph must be—

• (a) at least 45 millimetres in height and at least 35 millimetres in width, and

• (b) no more than 297 millimetres in height and no larger than 210 millimetres in width.

7

For an application made via the digital service, the photograph must be—

• (a) at least 750 pixels in height and at least 600 pixels in width, and

• (b) contained in an electronic file which is no more than 20MB in size.

SCHEDULE 3 — Requirements for the design of anonymous elector’s documents, electoral identity documents, and temporary electoral identity documents

Requirements for the design of the anonymous elector’s document

1

• (1) The anonymous elector’s document must be 297 millimetres in height and 210 millimetres in width.

• (2) The design of the anonymous elector’s document must include—

• (a) each of the following, all on the front side of the document—

• (i) space for the electoral number of the anonymous elector it is issued to;

• (ii) space for a photograph of the anonymous elector it is issued to;

• (iii) space for the date of issue of the document;

• (iv) space for the appropriate identifier allocated to the document by the registration officer in accordance with regulation 16(1)(e);

• (v) one or more security features recommended by the Home Secretary;

• (b) for the design of the dual Welsh and English version of the anonymous elector’s document in accordance with regulation 15(1)(d), the Welsh equivalent of any text shown in English.

Requirements for the design of the electoral identity document

2

• (1) The electoral identity document must be 297 millimetres in height and 210 millimetres in width.

• (2) The design of the electoral identity document must include—

• (a) each of the following, all on the front side of the document—

• (i) space for the full name of the elector it is issued to;

• (ii) space for a photograph of the elector it is issued to;

• (iii) space for the date of issue of the document;

• (iv) space for the appropriate identifier allocated to the document by the registration officer in accordance with regulation 16(1)(e);

• (v) the words “Issued by the electoral registration officer appointed by” and space for the name of the local authority added to the document by the registration officer in accordance with regulation 16(1)(f)(i);

• (vi) space for the recommended renewal date for the document to be added to the document by the registration officer in accordance with regulation 16(1)(f)(ii);

• (vii) one or more security features recommended by the Home Secretary;

• (b) for the design of the dual Welsh and English version of the electoral identity document in accordance with regulation 15(1)(d), the Welsh equivalent of any text shown in English.

Requirements for the design of the temporary electoral identity document

3

• (1) The temporary electoral identity document must be 297 millimetres in height and 210 millimetres in width.

• (2) The design of the temporary electoral identity document must include—

• (a) each of the following, all on the front side of the document—

• (i) space for the full name of the elector it is issued to;

• (ii) space for a photograph of the elector it is issued to;

• (iii) space for the date of issue of the document;

• (iv) space for the appropriate identifier allocated to the document by the registration officer in accordance with regulation 19(2)(b)(iv);

• (v) the words “Issued by the electoral registration officer appointed by” and space for the name of the local authority added to the document by the registration officer in accordance with regulation 19(2)(b)(iii);

• (vi) space for the date on which the document is valid for use at a poll;

• (vii) space for a registration officer’s signature;

• (b) for the design of the dual Welsh and English version of the temporary electoral identity document in accordance with regulation 15(1)(d), the Welsh equivalent of any text shown in English.

SCHEDULE 4 — Prescribed form of ballot paper refusal list at parliamentary elections

SCHEDULE 5 — Representation of the People (Combination of Polls) (England and Wales) Regulations 2004: New Form of directions for the guidance of voters

Form of directions for the guidance of the voters in voting

SCHEDULE 6 — New forms of official poll cards and official proxy poll cards at parliamentary elections

PART 1 — New forms for the Representation of the People (England and Wales) Regulations 2001

Form A: Official poll card (to be sent to an elector voting in person)

Front of form

Rear of form

Form B: Official proxy poll card (to be sent to an appointed proxy voting in person)

Front of form

Rear of form

PART 2 — New forms for the Representation of the People (Scotland) Regulations 2001

Form A: Official poll card (to be sent to an elector voting in person)

Front of form

Rear of form

Form B: Official proxy poll card (to be sent to an appointed proxy voting in person)

Front of form

Rear of form

SCHEDULE 7 — Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007: New forms

PART 1 — Forms for use at a mayoral election in England where the poll is not taken together with another election or referendum

Form 8A: Elector’s official poll card (for use at mayoral elections in England)

Front of form

Rear of form

Form 10A: Official proxy poll card (for use at mayoral elections in England)

Front of form

Rear of form

Form 11A: Ballot paper refusal list

Form 12A: Directions for the guidance of voters (for use at mayoral elections in England)

PART 2 — Forms for use at a mayoral election in England where the poll is taken together with another election or referendum

Form 8A: Elector’s official poll card (for use at mayoral elections in England)

Front of form

Rear of form

Form 10A: Official proxy poll card (for use at mayoral elections in England)

Front of form

Rear of form

Form 11A: Ballot paper refusal list

Form 12A: Directions for the guidance of voters (for use at mayoral elections in England)

SCHEDULE 8 — Local Authorities (Conduct of Referendums) (England) Regulations 2012: New forms

PART 1 — Forms for use at a referendum where the poll is not taken together with another election or referendum

Official Poll Card (to be sent to a voter voting in person)

Front of form

Rear of form

Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

Front of form

Rear of form

Ballot paper refusal list

Form of directions for the guidance of the voters and proxies in voting

PART 2 — Forms for use at a referendum where the poll is taken together with another election or referendum

Official Poll Card (to be sent to a voter voting in person)

Front of form

Rear of form

Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

Front of form

Rear of form

Ballot paper refusal list

Form of directions for the guidance of the voters and proxies in voting

SCHEDULE 9 — Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012: New forms

PART 1 — Forms for use at a referendum where the poll is not taken together with another election or referendum

Official Poll Card (to be sent to a voter voting in person)

Front of form

Rear of form

Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

Front of form

Rear of form

Ballot paper refusal list

Form of directions for the guidance of the voters and proxies in voting

PART 2 — Forms for use at a referendum where the poll is taken together with another election or referendum

Official Poll Card (to be sent to a voter voting in person)

Front of form

Rear of form

Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

Front of form

Rear of form

Ballot paper refusal list

Form of directions for the guidance of the voters and proxies in voting

SCHEDULE 10 — Police and Crime Commissioner Elections Order 2012: New forms

PART 1 — New proxy paper form

Front of form

Rear of form

PART 2 — Forms for use at a PCC election

Form 11: Official poll card

Front of form

Rear of form

Form 13: Official proxy poll card

Front of form

Rear of form

Form 14A: Ballot paper refusal list

Form 16: Notice for guidance of voters for exhibition inside and outside polling station

SCHEDULE 11 — Neighbourhood Planning (Referendums) Regulations 2012: New forms

PART 1 — Forms for use at a referendum where the poll is not taken together with another election or referendum

Form 7: Official poll card

Front of form

Rear of form

Form 9: Official proxy poll card

Front of form

Rear of form

Form 10A: Ballot paper refusal list

Form 11: Form of directions for the guidance of the voters and proxies in voting

PART 2 — Forms for use at a referendum where the poll is taken together with another election or referendum

Form 8: Official poll card

Front of form

Rear of form

Form 10: Official proxy poll card

Front of form

Rear of form

Form 11A: Ballot paper refusal list

Form 12: Form of directions for the guidance of the voters and proxies in voting

SCHEDULE 12 — Recall of MPs Act 2015 (Recall Petition) Regulations 2016: New forms

Form D: Official petition notice for an elector who may sign the petition in person

Page 1

Page 2

Page 3

Page 4

Form F: Official petition notice for a proxy who may sign the petition in person

Page 1

Page 2

Page 3

Page 4

Page 5

Form G1: Signing sheet refusal list

Form H: Guidance for person signing the petition

Form J: Proxy paper

SCHEDULE 13 — Combined Authorities (Mayoral Elections) Order 2017: New forms

PART 1 — Forms for use at a mayoral election where the poll is not taken together with another election or referendum

Form 8: Official poll card

Front of form

Rear of form

Form 10: Official proxy poll card

Front of form

Rear of form

Form 11A: Ballot paper refusal list

Form 12: Directions for the guidance of voters in voting

PART 2 — Forms for use at a mayoral election where the poll is taken together with another election or referendum

Form 8: Official poll card

Front of form

Rear of form

Form 10: Official proxy poll card

Front of form

Rear of form

Form 11A: Ballot paper refusal list

Form 12: Directions for the guidance of voters in voting

SCHEDULE 14 — Police and Crime Commissioner Elections: Welsh form of words and Welsh and English forms

PART 1 — New Part 2 of Schedule 1 (Welsh versions of forms of words)

PART 2 — New Welsh and English Forms

Form/Ffurflen 1: Proxy paper at particular PCC election/Papur pleidleisio drwy ddirprwy mewn etholiad penodol ar gyfer Comisiynydd yr Heddlu a Throseddu

Page/Tudalen 1

Page/Tudalen 2

Page/Tudalen 3

Form/Ffurflen 11: Poll Card/Cerdyn pleidleisio

Page/Tudalen 1

Page/Tudalen 2

Form/Ffurflen 13: Proxy poll card/Cerdyn pleisdleisio dirprwy

Page/Tudalen 1

Page/Tudalen 2

Form/Ffurflen 14A: Ballot paper refusal list/Rhestr o Achosion o Wrthod Rhoi Papur Pleidleisio

Page/Tudalen 1

Page/Tudalen 2

Form/Flurflen 16: Notice for guidance of voters for exhibition inside and outside polling station/Hysbysiad canllaw i bleidleiswyr i’w arddangos y tu mewn a’r tu allan i’r orsaf bleidleisio

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Scott of Bybrook — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 22nd December 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision related to the requirement for voters to present photographic identification when voting at polling stations at UK Parliamentary elections in Great Britain. These Regulations also create a similar requirement for persons voting at polling stations at Police and Crime Commissioner elections in England and Wales, and local government elections and referendums in England, and a similar requirement for persons signing a recall petition held in Great Britain under the Recall of MPs Act 2015 (c. 25) when signing the petition at a petition signing place.

Part 2 makes provision as to the content of applications for electoral identity documents made under section 13BD of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) and of applications for anonymous elector’s documents under section 13BE of the 1983 Act (together “identity document applications”). Part 2 also makes provision as to the manner in which identity document applications can be made, and as to the verification of information provided in an identity document application by the registration officer using information or evidence from other sources.

Part 3 makes provision as to the determination of these applications, including the circumstances in which determination must be postponed (regulation 10), provision relating to an appeal against a refusal of an application (regulation 12) and the processing of information contained within or connected to an identity document application following determination (regulation 14).

Part 4 makes provision related to anonymous elector’s documents, electoral identity documents and temporary electoral identity documents. Regulation 15 requires the Electoral Commission to create designs of those documents for use by registration officers. Regulations 16 and 17 relate to the issuing and delivery or collection of anonymous elector’s documents and electoral identity documents. Regulations 18 and 19 make provision about issuing temporary electoral identity documents. Regulation 20 sets out the requirements of the record of anonymous elector’s documents and electoral identity documents to be kept by registration officers, and regulations 21 to 23 contain restrictions upon the supply, disclosure or use of information from that record. Regulation 24 creates a criminal offence for failure to comply with those restrictions.

Part 5 makes further provision in relation to anonymous elector’s documents. Regulations 25 and 26 require registration officers to issue reminders to electors with anonymous entries on a register of parliamentary electors in Great Britain or a register of local government electors in England or Wales regarding the need for an anonymous elector’s document in order to vote in person or sign a recall petition signing sheet in person. Regulations 27 to 30 make provision about the replacement of anonymous elector’s documents by registration officers in certain circumstances.

Part 6 prescribes the form of the ballot paper refusal list for UK parliamentary elections (regulation 31), and the circumstances in which a ballot paper refusal list completed in relation to an election or a signing sheet refusal list completed in relation to a recall petition can be inspected and information recorded in that list disclosed (regulation 32).

Part 7 makes provision about the collection and collation of information relating to certain elections which is to be used by the Secretary of State for the preparation of reports on voter identification requirements in pursuance of section 59A of the 1983 Act.

Part 8 makes amendments to Part 6 of the Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111) and Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), which modify the parliamentary elections rules set out in Schedule 1 to the 1983 Act where the poll for a UK parliamentary election is combined with one or more other polls in England and Wales and Scotland respectively.

Part 9 makes amendments to the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) and the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), including amendments providing for emergency applications to be made by voters to vote by proxy on grounds relating to voter identification.

Part 10 amends various instruments to make equivalent amendments to election, referendum and recall petition rules to those made to the UK parliamentary election rules in Schedule 1 to the 1983 Act by Schedule 1 to the Elections Act 2022 (c. 37), and, in relation to Police and Crime Commissioner elections and recall petitions, equivalent amendments to those made by Part 9 of these Regulations providing for emergency proxy applications to be made on grounds relating to voter identification.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and community bodies is available from the Department of Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF and published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

Footnotes

Editorial notes