Legalize / United Kingdom / Statutory-Instrument

The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023

Type Statutory-Instrument

Publication 2023-10-25

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 25th October 2023

Coming into force in accordance with regulation 1(2)

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[^f00006], section 333(3A) of the Town and Country Planning Act 1990[^f00007], and section 154(2) of the Police Reform and Social Responsibility Act 2011.

PART 1 — Introduction

Citation, commencement, extent and savings

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(1) These Regulations may be cited as the Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023.

(2) This regulation and regulation 38(3) come into force on the day after the day on which they are made, and the remainder of these Regulations comes into force on 7th May 2024.

(3) These Regulations extend to England and Wales.

(4) The amendments made by—

(a) regulations 32(a) and 35 do not apply to an application under section 10ZC(1)(a) of the 1983 Act made before 7th May 2024;

(b) regulation 38(3) do not apply to a business referendum for which the date of poll, as stated in the notice published in accordance with rule 6 of Schedule 7 to the Neighbourhood Planning (Referendums) Regulations 2012[^f00008], is on or before 6th May 2024.

Interpretation

2

In these Regulations—

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

“2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001[^f00009];

“2011 Act” means the Police Reform and Social Responsibility Act 2011;

“2012 Order” means the Police and Crime Commissioner Elections Order 2012[^f00010];

“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011[^f00011];

“PCC elections rules” means the rules set out at Parts 1 to 7 of Schedule 3 to the 2012 Order.

PART 2 — Review of registration entitlement of relevant citizens of the Union in England and of eligibility of relevant citizens of the Union to vote in PCC elections in Wales

CHAPTER 1 — Interpretation

Interpretation

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In this Part—

“eligibility criteria” means the criteria for eligibility to vote set out in section 52(1C) of the 2011 Act[^f00012];

“notice of alteration” means a notice under section 13A(2), 13AB(2), 13B(3), (3B) or (3D) or 13BC(3) or (6) of the 1983 Act;

“registration criteria” means the criteria for registration set out in section 4(3)(c) of the 1983 Act[^f00013];

“relevant citizen of the Union” has the same meaning as in section 202(1) of the 1983 Act[^f00014];

“relevant person” means a person who—is a relevant citizen of the Union, andeither—on the coming into force of this Part—is registered in a register of local government electors in England or Wales, orthe registration officer is required to enter the applicant in such a register in accordance with section 10ZC(1) of the 1983 Act, orhas submitted an application under section 10ZC of the 1983 Act before the coming into force of this Part, and that application is granted on or after the coming into force of this Part.

Meaning of “address” in specified circumstances

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(1) This regulation applies where a relevant person is registered pursuant to—

(a) a declaration of local connection under section 7B of the 1983 Act[^f00015],

(b) an application for anonymous entry under section 9B of the 1983 Act[^f00016], or

(2) Where this regulation applies, references in this Part to the relevant person’s address are to—

(a) for a person who has made a declaration of local connection, the address stated by the person in that declaration pursuant to section 7B(3)(a)(i) of the 1983 Act, or the address of the registration officer’s office (as the case may be);

(b) for a person who is registered pursuant to an application for anonymous entry, the address given pursuant to regulation 26(1)(b) or 31G(6) of the 2001 Regulations (as the case may be);

(c) for a person who is registered pursuant to a service declaration, the person’s correspondence address or British Forces Post Office Number.

CHAPTER 2 — Review of registration entitlement of relevant citizens of the Union in England

Duty to determine whether relevant citizens of the Union continue to satisfy the registration criteria

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(1) A registration officer appointed for an area in England must determine in accordance with regulations 6 to 13 whether a relevant person in the registration officer’s area continues to satisfy the registration criteria.

(2) Subject to paragraphs (3) and (4), a registration officer must make the determination specified in paragraph (1) by the end of 31st January 2025.

(3) Paragraph (2) does not apply where at the end of 31st January 2025—

(a) the registration officer has requested information from a relevant person under regulation 10, and the date for response specified in that request has not yet passed,

(b) the 14 day period within which the relevant person may request a review hearing, following notification from the registration officer pursuant to regulation 12, has not yet passed, or

(i) the review has not yet been heard, or

(ii) the review has been heard but the subject of the review has not been notified of the outcome of the review,

and in consequence the registration officer has not made a determination.

(4) Where paragraph (3) applies, the registration officer must make the determination specified in paragraph (1) as soon as reasonably practicable after 31st January 2025.

(5) Nothing in this Chapter prevents a registration officer from reviewing the eligibility of a relevant person to be or to remain registered in accordance with section 10ZE of the 1983 Act for reasons other than that they are a relevant person.

Procedure for reviewing entitlement to registration – data-based review

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(1) A registration officer appointed for an area in England must conduct a review in respect of a relevant person, to determine whether that person continues to satisfy the registration criteria.

(2) As part of a review under paragraph (1), the registration officer may consider (amongst other things) any information provided in accordance with regulation 26(1)(fa) of the 2001 Regulations[^f00018] as part of an application received from a relevant person pursuant to section 10ZC(1)(a) of the 1983 Act.

Procedure for reviewing entitlement to registration – correspondence-based review

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(1) Subject to paragraph (2), where a registration officer is not satisfied following a review under regulation 6 that a relevant person continues to satisfy the registration criteria, the registration officer must—

(a) give notice to that person containing information specified at paragraph (3) (a “first review notice”), and

(b) enter the review in the list kept pursuant to regulation 31E of the 2001 Regulations.

(2) Where the relevant person is registered pursuant to—

(a) a declaration of local connection under section 7B of the 1983 Act,

(b) an application for anonymous entry under section 9B of the 1983 Act, or

and the date on which the relevant person’s entitlement to remain registered under (as the case may be) section 7C, 9C or 15 of the 1983 Act[^f00019] expires is before the end of 31st January 2025, paragraph (1) is to be read as if for “must” there were substituted “may”.

(3) A first review notice must—

(a) explain that the criteria under section 4 of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local government electors have changed,

(b) state that the registration officer is not certain that the relevant person remains entitled to be registered, and the grounds for the registration officer’s opinion,

(c) require that the relevant person provide such further information as specified in the notice relating to whether that person meets the registration criteria,

(d) provide information on how the relevant person may respond to the request for information, and

(e) state that it is an offence to provide false information to the registration officer, and the maximum penalty for that offence.

(4) Paragraph (5) applies where—

(a) the registration officer sends a first review notice to a relevant person, and

(b) that person does not respond within a reasonable time from the date on which that notice is sent.

(5) Where this paragraph applies, the registration officer must give a further notice to the relevant person, setting out the same information as at paragraph (3) (a “second review notice”).

(6) Subject to paragraph (7), a first or second review notice may be given to a relevant person either—

(a) by sending it to the person’s address, or

(b) by electronic means.

(7) Where the first review notice was given to a relevant person by electronic means, the second review notice must be sent to the person’s address.

(8) The registration officer may contact the relevant person, either by telephone or by visiting the address to which a first or second review notice was delivered, to—

(a) obtain information requested in the notice, or

(b) encourage the relevant person to provide the information requested.

Notification of possible removal in the event of non-response

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(1) This regulation applies where—

(a) the registration officer has given first and second review notices to a relevant person, and

(b) the relevant person has not responded within a reasonable time from the date of the second review notice.

(2) Where this regulation applies, the registration officer must send a notice to the relevant person (a “notification of possible removal”) which must—

(a) include the information set out in regulation 7(3),

(b) state the date of issue of the notice, and

(c) state that if within 14 days beginning with the date of issue the registration officer has not received the information requested—

(i) the registration officer may determine the review and remove the person’s entry from the register, and

(ii) the relevant person would not be entitled to appeal against the registration officer’s determination in those circumstances.

(3) A notification of possible removal must be delivered to the relevant person by paper communication to the person’s address, accompanied by a pre-addressed reply envelope, return postage of which must be prepaid.

Requirement to attempt personal contact with relevant person

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(1) This regulation applies where—

(a) a registration officer has issued a notification of possible removal to a relevant person,

(b) the relevant person is not registered pursuant to—

(i) a declaration of local connection under section 7B of the 1983 Act,

(ii) an application for anonymous entry under section 9B of the 1983 Act, or

(iii) a service declaration,

(d) the registration officer has not previously attempted to contact the relevant person by telephone or by visiting the address.

(2) Where this regulation applies, within 7 days beginning with the date of issue of the notification of possible removal, the registration officer must attempt to contact the relevant person, either by telephone or by visiting the address, to—

(a) obtain information requested in the notification, or

(b) encourage the relevant person to provide the information requested.

(3) Where this regulation applies, a registration officer must not determine that the relevant person has ceased to satisfy the registration criteria before the registration officer has attempted to contact the relevant person in accordance with paragraph (2).

(4) In this regulation, the “address” means the address to which the first or second review notice under regulation 7(1) or (5) was delivered.

Request for further information

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(1) The registration officer may request further information from a relevant person, including information that may be requested of an applicant for registration under regulation 26B(10A) to 26B(10C), and regulation 26BB, of the 2001 Regulations[^f00020], where—

(a) the registration officer has sent a first or second review notice or notification of possible removal to the relevant person, and

(b) the relevant person has responded but the registration officer considers further information is necessary for the officer to be satisfied that the relevant person satisfies the registration criteria.

(2) A request for further information pursuant to paragraph (1) may be given to the relevant person by sending it to the person’s address, or by electronic means, and must state that if by a specified date that is a reasonable time after the request was issued the registration officer has not received the information requested—

(a) the registration officer may determine the review and remove the person’s entry from the register, and

(b) the relevant person would not be entitled to appeal against the registration officer’s determination in those circumstances.

Confirmation of continued registration following review

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(1) Where, in accordance with this Chapter, a registration officer determines that the relevant person continues to satisfy the registration criteria, the registration officer must—

(a) send a confirmation notice to that person in accordance with paragraph (2), and

(b) mark that person’s name in accordance with regulation 42(3C) of the 2001 Regulations[^f00021].

(2) A confirmation notice under paragraph (1) must—

(a) be sent to the person’s address, or by electronic means,

(b) state that the criteria under section 4 of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local government electors have changed, and

(3) The requirement under regulation 36(2)(b) of the 2001 Regulations for the registration officer to send a copy of a notice of alteration to any person affected by its contents does not apply in respect of a notice of alteration resulting from the determination mentioned in paragraph (1).

Procedure for removal following response to communications

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(1) This regulation applies where—

(a) a relevant person has responded to a notice, notification or request under regulations 7 to 10 or has provided requested information in response to the registration officer making contact with that person, and

(b) the registration officer is not satisfied that the relevant person continues to satisfy the registration criteria.

(2) The registration officer must send a notice to the relevant person’s address, which must—

(a) state the date of issue of the notice,

(b) advise that the criteria under section 4 of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local government electors have changed,

(c) state that the registration officer is of the opinion that the relevant person has ceased to satisfy the registration criteria, and the grounds for the registration officer’s opinion,

(d) state that if the relevant person does not notify the registration officer within 14 days beginning with the date of issue that the relevant person requires the review to be heard—

(i) the registration officer may determine the review and remove the relevant person’s entry from the register, and

(ii) the relevant person would not be entitled to appeal against the registration officer’s determination in those circumstances, and

(e) state that after 14 days beginning with the date of issue, the relevant person can contact the registration officer to find out if the registration officer has removed the relevant person’s entry from the register.

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