The Representation of the People (Amendment) (Wales) (Coronavirus) Regulations 2021

Made: 24 February 2021

Coming into force: 25 February 2021

In accordance with section 201(2) of the Representation of the People Act 1983[^f00003], a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru.

Title and commencement

1

• (1) The title of these Regulations is the Representation of the People (Amendment) (Wales) (Coronavirus) Regulations 2021.

• (2) These Regulations come into force the day after the day on which they are made.

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

2

• (1) The Representation of the People (England and Wales) Regulations 2001[^f00004] are amended as follows..

• (2) At the beginning of regulation 56(2)[^f00005] insert “Subject to paragraph (3B),”.

• (3) In regulation 56(3B)—

• (a) for “paragraph 4(2)” insert “paragraphs 4(2), 6(7) or 6(8)”; and

• (b) remove “, or an application under paragraph 6(8) of that Schedule made by virtue of that application,”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Julie James — Minister for Housing and Local Government, one of the Welsh Ministers — 2021-02-24

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision in relation to proxy voting at certain local government by-elections.

Regulation 2 amends the Representation of the People (England and Wales) Regulations 2001, so as to provide applicants with additional grounds for applying for emergency proxy votes, or changing their nominated proxy, at these by-elections. These additional grounds relate to persons who are unable to attend a polling station in person as a result of following relevant legislation, guidance or medical advice in relation to the COVID-19 pandemic.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

[^f00001]: 2000 c. 2; relevant amendments to Schedule 4 were made by the Electoral Administration Act 2006 (c. 22), section 14(2)(a) and (8). For the definition of “prescribed” see section 202(1) of the Representation of the People Act 1983 (c. 2) read together with paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000.

[^f00002]: Functions of the Secretary of State were transferred to the Welsh Ministers by article 45 of, and Schedule 1 to, the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644).

[^f00003]: 1983 c. 2; paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000 provides that Schedule 4 shall have effect as if it were contained in Part 1 of the Representation of the People Act 1983.

[^f00004]: S.I. 2001/341.

[^f00005]: Relevant amendments to regulation 56 were made by S.I. 2006/752, S.I. 2006/2910, S.I. 2013/3198 and S.I. 2020/1399 (W. 310).

Editorial notes

[^key-17aeca99d279dda3e15cff235d4963c3]: Reg. 1 in force at 25.2.2021, see reg. 1(2)

[^key-c20c87a2797afcf2914bf713fe20e052]: Reg. 2 in force at 25.2.2021, see reg. 1(2)

[^key-140b363da67129fe9e67938af87c978c]: Reg. 2(4) omitted (10.3.2022) by virtue of The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 10(4)(b)

Enwi a chychwyn

Diwygio Rheoliadau Cynrychiolaeth y Bobl (Cymru a Lloegr) 2001