The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

• (c) a combined authority mayoral election within the meaning of regulation 2 of the Combined Authorities (Mayoral Elections) Order 2017⁴³.

• (3) For the purposes of the re-run election—

• (a) the amendments made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022 are to be disregarded when determining a candidate’s qualifications for election to and holding the office to which the re-run election relates;

• (b) the appropriate prescribed candidate consent to nomination form applies as if, in the paragraph on the front of the form that begins “I declare that on the day of my nomination”, for “, a qualifying EU citizen, or an EU citizen with retained rights” there were substituted “or a citizen of a member State of the European Union”.

• (4) In paragraph (3) “the appropriate prescribed candidate consent to nomination form” means (as the case may be)—

• (a) the Form of Candidate’s Consent to Nomination in Part 7 of Schedule 2 or 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006⁴⁴,

• (b) the Form of Candidate’s Consent to Nomination in Part 7 of Schedule 2 or 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006⁴⁵,

• (c) Form 4 (candidates consent to nomination) in Schedule 10 to the Greater London Authority Elections Rules 2007⁴⁶,

• (d) Form 2A (candidate’s consent to nomination for use at mayoral elections in England) in the Appendix of Forms in Schedule 1 or 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, or

• (e) Form 2 (candidate’s consent to nomination) in Part 9 of Schedule 1 or 3 to the Combined Authorities (Mayoral Elections) Order 2017.

Transitional provision for persons elected following a re-run election

18

• (1) This regulation applies where—

• (a) a person (“P”) is duly elected at a re-run election described in regulation 17(1), and

• (b) apart from this regulation, P would be disqualified from holding the office to which P has been elected as a result of the amendments made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022.

• (2) The amendments made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022 do not affect P’s qualification to hold that office until the end of the term in that office which begins upon, or from a date determined by reference to, the date on which P was duly elected at the re-run election.

PART 4 — Police and Crime Commissioner elections in Wales

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

19

• (1) The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 are amended as follows.

• (2) In regulation 17 (amendment of the Police and Crime Commissioner Elections Order 2012), in paragraph (5)—

• (a) in sub-paragraph (a)—

• (i) in paragraph (i), for “after “electors” insert “, other” substitute “at the end insert “other”;

• (ii) for paragraph (iii) substitute—

(iii) after sub-paragraph (9) insert— (10) In this paragraph “relevant Welsh elector” means a person who is included in the record mentioned in sub-paragraph (4)(a) only by virtue of an entitlement to vote by post or by proxy at local government elections in Wales.

• (b) after sub-paragraph (c) insert—

(ca) in paragraph 7 (voting as proxy)— (i) in sub-paragraph (6), in paragraph (a) at the end insert “and is not a relevant Welsh proxy”; (ii) in sub-paragraph (7), in paragraph (a), in sub-paragraph (ii) at the end insert “and are not relevant Welsh proxies”; (iii) after sub-paragraph (13) insert— (14) In this paragraph “relevant Welsh proxy” means a person who is included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 only by virtue of an entitlement to vote by post as proxy at local government elections in Wales.

• (3) In Schedule 2 (transitional provisions and savings), in paragraph 20 (saving for certain postal and proxy voting entitlements at ongoing PCC elections in Wales)—

• (a) in the heading, for “postal and proxy” substitute “postal, proxy and postal proxy”;

• (b) for “and (b)” substitute “, (b) and (ca)”.

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 7(3)(aa) and (ab), 7A(3)(aa) and (ab), 7C(2)(aa) and (ab), 9(2)(b), 9B(1A), 10ZC(3), 10ZE(4), 13A(2), 13AB(2), 13B(3), (3B) and (3D), 13BC(3)(a) and (6)(a), 15(2)(aa) and (ab), 53(1)(ba) and (c) and 201(3)⁴⁷;

• (ii) in Schedule 2, paragraphs 1(2) and (2A), 1A(1), (2), (3)(d) to (f) and (6), 2A, 2B, 3ZA(1)(a) and (3), 3ZB(1) and (2), 4(2) and (3), 5(1A) and (1AA), 5ZA(4), 6, 8, 8C(1) and 13(2)⁴⁸;

• (b) sections 1C(1)(f), 1D(4)(a) and (b) and 1E(1)(e) of the Representation of the People Act 1985⁴⁹;

• (c) paragraphs 3(1)(b) and (2)(c), 4(1)(b) and (2)(c), 6(7), (8) and (9) and 7B of Schedule 4 to the Representation of the People Act 2000⁵⁰;

• (d) sections 58(1) and 154(5) of the Police Reform and Social Responsibility Act 2011⁵¹;

• (e) sections 18(1) and 21(3) of the Recall of MPs Act 2015⁵²;

• (f) paragraph 13 of Schedule 8 to the Elections Act 2022.

SCHEDULE 2 — Overseas electors: Transitional provisions and Savings

Interpretation

1

In this Schedule—

• “the 1985 Act” means the Representation of the People Act 1985;

• “the 2016 Regulations” means the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

• “recall petition” has the meaning given in section 1(2) of the Recall of MPs Act 2015.

Savings for pre-commencement applications for registration

2

The amendments made by the following regulations do not apply in respect of an application to which paragraph 13 of Schedule 7 to the Elections Act 2022 (pre-commencement applications for registration in a register of parliamentary electors) applies—

• (a) regulation 4(2) to (5);

• (b) regulation 5(2), (3), (7)(a) and (e) to (g), (8) to (13), (15) to (17), (20) and (21)(a);

• (c) regulation 9(2) to (5);

• (d) regulation 10(2), (6)(a) and (e) to (g), (7) to (12), (14) to (15), (18) and (19)(a).

Transitional provision for overseas electors registered pursuant to pre-commencement applications

3

• (1) This paragraph applies where—

• (a) paragraph 14 of Schedule 7 to the Elections Act 2022 (overseas electors registered pursuant to pre-commencement applications) applies in respect of an elector (“the elector”), and

• (b) the elector’s entitlement to registration has not been extended following the making of a renewal declaration in accordance with section 1D(2) and (3) of the 1985 Act.

• (2) The following do not apply in respect of the elector—

• (a) regulation 22A of the 2001 Regulations (reminders to electors registered pursuant to an overseas elector’s declaration) (as inserted by regulation 4(6) and 9(6));

• (b) the amendments made by regulations 5(4) and 10(4).

• (3) Where a registration officer grants an application made by the elector in accordance with paragraph 3(2) of Schedule 4 to the Representation of the People Act 2000 to vote by proxy, regulation 57(2A)(b) and (2B) of the 2001 Regulations (as inserted by regulations 6(3) and 11(3)) applies as if for “1st November” there were substituted “date”.

• (4) Regulation 60A of the 2001 Regulations (as amended by regulations 6(4) and 11(4))—

• (a) does not apply in respect of the elector’s entitlement to vote by proxy where that entitlement ends on or before 1st February 2024;

• (b) otherwise applies as if, in paragraph (1D)—

• (i) in sub-paragraph (a), for “1st July immediately” there were substituted “the later of 1st February 2024 or the date which is three months”;

• (ii) in sub-paragraph (b), for “1st November” there were substituted “date”.

• (5) Where a registration officer grants an application made by the elector in accordance with regulation 51(1) of the 2016 Regulations (absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland) to sign any recall petition in England, Wales or Scotland by post, paragraph (1B)(a) of that regulation (as amended by regulation 13(3)) applies as if for “1st November” there were substituted “date”.

• (6) In this paragraph, “the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001 and the Representation of the People (Scotland) Regulations 2001.

Limitation of certain postal signing entitlements held by overseas electors

4

• (1) This paragraph applies where, immediately before 31st January 2024, a person—

• (a) is registered as an elector in pursuance of an overseas elector’s declaration, and

• (b) has a relevant postal signing entitlement lasting for—

• (i) an indefinite period, or

• (ii) a period that would expire after the relevant end date.

• (2) A “relevant postal signing entitlement” means an entitlement to sign by post at recall petitions in England, Wales or Scotland resulting from the grant of an application under regulation 51(1) or (7) or 58(5) of the 2016 Regulations.

• (3) The person’s relevant signing entitlement ends on the relevant end date (unless it ends sooner).

• (4) As soon as practicable after 31st January 2024, the registration officer must alter the record kept under regulation 51(4) or 58(7) of the 2016 Regulations (as the case may be) to reflect any change resulting from sub-paragraph (3) in the period for which the person’s relevant postal signing entitlement lasts.

• (5) The registration officer must, before the relevant end date, send the person—

• (a) a notice informing the person of the date on which the person’s relevant postal signing entitlement is to end, and

• (b) information about how to make a fresh application to sign recall petitions by post (as elector or, as the case may be, as proxy).

• (6) In this paragraph—

• “overseas elector’s declaration” has the meaning given in regulation 3(1) of the 2016 Regulations;

• “relevant end date” means the date until which, by virtue of section 1D(1)(a) or (3)(a) of the 1985 Act, the person is entitled to remain registered in pursuance of an overseas elector’s declaration.

Signed

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

Simon Hoare — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 18th December 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision related to the expansion of the franchise for parliamentary elections in respect of British citizens overseas by sections 1 to 1E of the Representation of the People Act 1985 (c. 50), as substituted by section 14 of the Elections Act 2022 (c. 37). These Regulations also make provision related to the change to be made to the franchise for local government electors in England by section 15 of the Elections Act 2022 (voting and candidacy rights of EU citizens) and provision related to absent voting arrangements at police and crime commissioner elections in Wales.

Part 2 of these Regulations makes provision related to the expansion of the franchise for parliamentary elections in respect of British citizens overseas. Chapter 1 of Part 2 makes amendments to the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (“the 2001 Regulations”) to reflect the new qualification conditions for registration as an overseas elector and in consequence of the franchise expansion. New regulation 18 of the 2001 Regulations (inserted by regulation 4(2)) prescribes additional requirements for an overseas elector’s declaration. New regulation 22A of the 2001 Regulations (inserted by regulation 4(6)) requires a registration officer to send reminders to a registered overseas elector prior to the expiry of their registration entitlement. New regulations 22B to 22D of the 2001 Regulations (also inserted by regulation 4(6)) make provision related to the content and manner of making of renewal declarations. New regulation 25ZA of the 2001 Regulations (inserted by regulation 5(5)) requires a registration officer to send a reminder to a registered overseas elector ahead of the expiry of their anonymous registration.

Regulation 5(8) makes amendments to regulation 26B of the 2001 Regulations as to the types of additional evidence which can be requested by a registration officer from a person applying to be registered as an overseas elector where further evidence is required to establish the identity of the applicant. Regulation 5(9) inserts new regulations 26C to 26J of the 2001 Regulations, which provide a registration officer with the powers to seek additional evidence from a person applying to be registered as an overseas elector where further evidence is required to establish that the person meets the new qualifications for registration as an overseas elector, as set out in section 1A of the Representation of the People Act 1985. New regulations 29ZAA and 29ZAB of the 2001 Regulations (as inserted by regulation 5(11)) allow for the verification of information provided in an application for registration as an overseas elector against data held by the Department for Work and Pensions. The amendments made by regulation 5(18) and (19) clarify that a registration officer’s powers under regulations 35 and 35A of the 2001 Regulations in relation to local records do not apply for the purpose of verifying information related to an applicant for an absent voting arrangement for parliamentary elections or for local government elections in England. The amendments made by regulation 5(21) to regulation 45 of the 2001 Regulations provide for anonymous entries to be made on the list of overseas electors and for that list to be maintained.

Regulation 6 makes amendments to Part 4 of the 2001 Regulations (absent voters) to require a registration officer to include, as part of a confirmation sent to a registered overseas elector who has successfully applied to appoint a proxy for a period of time longer than the elector’s entitlement to remain registered, a reminder that a fresh signature will be required prior to the end of their entitlement, and providing that the registration officer then requires that fresh signature.

Chapter 2 of Part 2 makes equivalent amendments to the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) to those made to the 2001 Regulations by Chapter 1 of Part 2.

Chapter 3 of Part 2 makes additional consequential amendments to other legislation relating to elections and recall petitions under the Recall of MPs Act 2015 (c. 25).

Part 3 of these Regulations makes provision related to the change to be made to the franchise for local government electors in England by section 15 of the Elections Act 2022 (voting and candidacy rights of EU citizens). Regulation 15 makes additional amendments to provisions of the 2001 Regulations amended in Chapter 1 of Part 2 of these Regulations. Regulation 16 amends the Representations of the People (Franchise Amendment and Eligibility Review) Regulations 2023 to prevent the duplication of notices to relevant persons following the outcome of the review of registration entitlement provided for in Chapter 2 of Part 2 of those Regulations.

Regulation 17 makes transitional provision so that a person who was entitled to stand as a candidate in a local government election, mayoral election or combined authority mayoral election prior to 7th May 2024 remains qualified to stand as a candidate in such an election that is re-run after 7th May 2024 as a result of section 39 of the Representation of the People Act 1983, despite the changes to qualification to be made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022. Regulation 18 makes transitional provision similar to that made by paragraph 12 of Schedule 8 to the Elections Act 2022, to the effect that a person who is elected following a re-run election to which regulation 17 applies remains qualified to hold that office until the end of the term of office following that election.

Part 4 amends the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 to provide that a person is not automatically entitled to vote by post or proxy at a police and crime commissioner election in Wales by virtue of an equivalent entitlement to vote by post or proxy that only applies in respect of local government elections.

Schedule 2 contains transitional and savings provisions related to the expansion of the franchise for parliamentary elections in respect of British citizens overseas.

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