The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Made: 25th October 2023

Coming into force in accordance with regulation 1(2) to (4)

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

PART 1 — Introduction

Citation, commencement, extent, transitional provisions and savings

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• (1) These Regulations may be cited as the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023.

• (2) Subject to paragraph (3), these Regulations come into force on 31st October 2023.

• (3) The following provisions come into force on 31st January 2024—

• (a) regulations 6(b), 11(b), 12, 13 and 14(3), (5), (7) and (9);

• (b) regulation 15, except for paragraph (5)(a)(i), (b) and (c);

• (c) regulation 16, except for paragraph (5)(a)(i), (b) and (c);

• (d) regulation 17(3)(b), (5)(a) to (c) except paragraph (5)(b)(i)(bb), and (6) to (8);

• (e) regulation 18, except for paragraph (5)(a)(i), (b) and (c);

• (f) in regulation 19, paragraphs (4), (7)(b), (16)(b) and, except so far as it substitutes Form J in Parts 1 and 3 of Schedule 2 to the 2016 Regulations, paragraph (18);

• (g) regulation 20;

• (h) regulation 21, except so far as it substitutes Form 1 in Schedule 3 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021[^f00015];

• (i) in Schedule 2, paragraphs 4(1), 6, 8(1), 9(1), 11(1), 12, 13(1), 15(1), 16, 17(1), 19(2), 20, 21(1), 23(1), 28(1), 29, 30(1), 32(1), 34(2), 37(1), 41(1) and 42(1).

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

• (5) In Parts 2 to 4—

• (a) the amendments made by regulation 19(13) and (15) extend to England and Wales and Scotland;

• (b) otherwise, any amendment made has the same extent as the provision amended.

• (6) Schedule 2 (transitional provisions and savings) has effect.

PART 2 — Amendment of the Representation of the People (England and Wales) Regulations 2001

Introduction to Part 2

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The Representation of the People (England and Wales) Regulations 2001[^f00016] are amended in accordance with this Part.

Amendment of Part 1 (general, interpretation and miscellaneous)

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• (1) Part 1 (general, interpretation and miscellaneous) is amended as follows.

• (2) In regulation 3 (interpretation)—

• (a) in paragraph (1)—

• (i) for the definition of “digital service” substitute—

• “digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for Levelling Up, Housing and Communities for (amongst other purposes) the purpose of— processing online applications under sections 10ZC and 10ZD of the 1983 Act[^f00017] and online relevant absent voting applications, verifying information under regulations 29ZA and 56B, and data matching under regulation 32ZBB in respect of the annual canvass for a register of parliamentary electors or local government electors in England or Wales;

• (ii) after the definition of “registration officer” insert—

• “relevant absent voting application” has the meaning given in paragraph 1A(7)(a)(i) of Schedule 2 to the 1983 Act[^f00018];

• (b) after paragraph (3A) insert—

(3B) A document provided in accordance with regulation 51(9) or 56C may be transmitted by an applicant to a registration officer by electronic means.

• (3) In regulation 5 (communication of applications, notices etc.)—

• (a) in paragraph (1), after “notice” insert “, relevant attestation”;

• (b) after paragraph (2), insert—

(3) In paragraph (1), “relevant attestation” means an attestation under regulation 56C(6).

• (4) In regulation 6 (electronic signatures and related certificates) after paragraph (3) insert—

(4) This regulation does not apply in relation to a relevant absent voting application, for which the general requirements are set out in regulation 51.

Amendment of Part 3 (registration)

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• (1) Part 3 (registration) is amended as follows.

• (2) In regulation 26 (applications for registration)—

• (a) in paragraph (11), after “receives” insert “, subject to paragraph (12),”;

• (b) after paragraph (11) insert—

(12) Where an application made through the digital service in accordance with paragraph (9) includes the applicant’s national insurance number the Secretary of State— (a) may send the registration officer that application without the national insurance number, and (b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.

• (3) In regulation 29ZB (processing of information provided in connection with an application under section 10ZC or 10ZD)—

• (a) in paragraph (2)(a), at the end insert “transmitted to the registration officer by the Secretary of State”;

• (b) in paragraph (5)—

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

• (ii) after sub-paragraph (a) insert—

(aa) in the case of information disclosed under regulation 29ZA, for the purposes of determining— (i) a relevant absent voting application made by the same applicant where that information is used by the Secretary of State to complete in part the relevant absent voting application by virtue of regulation 51(7)(a), (ii) an application for an absent vote made under Part 1 of Schedule 2 to the Police and Crime Commissioner Elections Order 2012[^f00019] by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of paragraph 11(5A)(a) of Schedule 2 to that Order, (iii) an application for absent signing made under Part 4 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016[^f00020] by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of regulation 60(6A)(a) of those Regulations, or (iv) an identity document application, as defined by regulation 3(1) of the Voter Identification Regulations 2022[^f00021], made by the same applicant where that information is used by the Secretary of State to complete in part that application by virtue of regulation 5(2) of those Regulations, or

Amendment of Part 4 (absent voters)

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• (1) Part 4 (absent voters) is amended as follows.

• (2) In regulation 50 (interpretation of Part 4), after the definition of “allotted polling station” insert—

• “the maximum period” means the period specified in paragraph 3(1A)(a) or (1B)(a) of Schedule 4[^f00022].

• (3) In regulation 51 (general requirements for applications for an absent vote)—

• (a) in paragraph (2), after sub-paragraph (a) insert—

(aa) for a relevant absent voting application, the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;

• (b) in paragraph (4), after “indefinite period” insert “, the maximum period”;

• (c) after paragraph (6) insert—

(7) Where, by virtue of arrangements made by the Secretary of State, a relevant absent voting application may be made through the digital service— (a) the Secretary of State may complete the application in part using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act for registration in, or alteration of, a register of electors made through or completed using the digital service; (b) where the application is required to contain a signature, the application must contain a compliant photograph or electronic scan of the applicant’s signature; (c) the Secretary of State must— (i) request that the applicant provide their most recent previous name (if they have one), and (ii) provide an explanation of the purpose for which the information will be used. (8) In paragraph (7)(b), “compliant photograph or electronic scan of the applicant’s signature” means— (a) the signature contained in the photograph or electronic scan complies with the requirements of sub-paragraph (a) of paragraph (3A), and (b) the photograph or electronic scan of the signature is sufficiently clear and unambiguous so as to comply with the requirements of paragraph (3A). (9) Where an applicant is unable to provide a national insurance number in accordance with paragraph (2)(aa), the applicant may provide as part of the application a copy of any of the documents listed in regulation 56C(2) to (4). (10) The Secretary of State must send to the registration officer— (a) subject to paragraph (11), any relevant absent voting application the Secretary of State receives, (b) the applicant’s previous name (if any provided), (c) any copy documentation provided by the applicant in accordance with paragraph (9), and (d) a reference number unique to that application. (11) Where a relevant absent voting application made through the digital service in accordance with paragraph (7) includes the applicant’s national insurance number the Secretary of State— (a) may send the registration officer that application without the national insurance number, and (b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.

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

• (a) in paragraph (1), omit “together with his family relationship, if any, with the applicant,”;

• (b) after paragraph (1) insert—

(1ZA) If the application for the appointment of a proxy is for the purposes of voting by proxy at a local government election in Wales, the application must also state the family relationship, if any, of the proxy with the applicant.

• (5) In regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election), after paragraph (5) insert—

(5A) Where an application under paragraph 4(2) of Schedule 4[^f00023] is made after 5pm on the sixth day before the date of the poll at the election for which it is made because the circumstances set out in paragraph (3F)(a) of regulation 56 apply, the application must (in addition to providing any other information required by this Part) state that it is being made because of those circumstances.

• (6) In regulation 55B (additional requirements for application for an emergency proxy vote in respect of a particular parliamentary election or local government election in England: grounds relating to voter identification)—

• (a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;

• (b) after paragraph (2) insert—

(2A) This regulation does not apply where regulation 56(3D) applies to an application by virtue only of the circumstances set out in paragraph (3F).

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

• (a) in paragraph (3D), after “voter identification” insert “or in the circumstances set out in paragraph (3F)”;

• (b) after paragraph (3E) insert—

(3F) The circumstances are that— (a) the applicant submitted the application because an earlier application submitted by that applicant under paragraph 3(2) or 6(7) of Schedule 4 is to be disregarded for the purposes of the election referred to in paragraph (3D) because that earlier application— (i) was submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the election referred to in paragraph (3D), (ii) was submitted via the digital service, and (iii) was not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the election referred to in paragraph (3D) due to a technical defect in the digital service, or (b) the application referred to in paragraph (3D) meets the conditions specified in paragraphs (i), (ii) and (iii) of sub-paragraph (a).

• (8) After regulation 56A (grounds relating to voter identification) insert—