# Electoral Registration and Administration Act 2013

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U.K.

# Electoral Registration and Administration Act 2013

# 2013 CHAPTER 6

An Act to make provision about the registration of electors and the administration and conduct of elections; and to amend                        section 3(2)(a) of the Parliamentary Constituencies Act 1986.                     

[31st January 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## **PART 1**U.K.Individual electoral registration in Great Britain

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### 2Applications for registration and verification of entitlement etcU.K.

(1)Schedule 2 to the Representation of the People Act 1983 (provisions which may be contained in regulations as to registration                        etc) is amended as follows.                  

(2)In paragraph 1, after sub-paragraph (2) insert—                  

“(2A)Provision made under sub-paragraph (2) authorising or requiring a registration officer in Great Britain to—                  

(a)require a person who has made an application under section 10ZC or 10ZD to provide evidence that he or she is the person named                           in the application, or                  

(b)require a person who has made an application under section 10ZC or 10ZD, or any person who has an entry in a register, to                           provide evidence for the purpose of enabling the officer to determine whether a person is entitled to be registered in a register                           maintained by the officer,                  

must specify the kind of evidence that a person may be required to provide (for examples, see paragraph 3ZA(5)).                  

(2B)Provision of the kind mentioned in sub-paragraph (2A) may authorise or require the registration officer to require a person                           to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description).”                  

(3)After paragraph 3 insert—                  

#### 

“3ZA(1)Provision about applications under section 10ZC or 10ZD, including in particular provision about—                  

(a)the form and contents of applications and of any declarations to be made in connection with them;                  

(b)the manner in which applications are to be made.                  

(2)Provision made under sub-paragraph (1) may include provision—                  

(a)conferring functions on registration officers, or local or public authorities, to enable applications to be made in a particular                           manner;                  

(b)conferring other functions on registration officers;                  

(c)conferring functions on the Electoral Commission.                  

(3)Provision requiring a person making an application under section 10ZC or 10ZD—                  

(a)to provide evidence that he or she is the person named in the application;                  

(b)to provide evidence of entitlement to be registered.                  

(4)Provision made under sub-paragraph (3) must specify the kind of evidence that a person is required to provide.                  

(5)Examples of the evidence that may be specified include a person's date of birth or national insurance number.                  

(6)Provision made under sub-paragraph (3) may require a person to provide the evidence to a registration officer or to some other                           prescribed person (or person of a prescribed description).”                  

(4)After paragraph 8A insert—                  

#### 

“8B(1)Provision authorising or requiring a registration officer in determining an application under section 10ZC or 10ZD, in prescribed                           cases, to treat a prescribed person's statement of a fact as sufficient evidence of that fact.                  

(2)In sub-paragraph (1) “prescribed” includes of a prescribed description.”                  

(5)In section 201 of the Representation of the People Act 1983 (regulations), before subsection (3) insert—                  

“(2C)Regulations made for the purposes only of omitting a particular kind of evidence from the kinds of evidence that a person                           is or may be required to provide by virtue of regulations under paragraph 1(2A) or 3ZA(3) of Schedule 2 shall be subject to                           annulment in pursuance of a resolution of either House of Parliament (and subsection (2) does not apply to regulations made                           for those purposes only).”                  

(6)Schedule 2 to this Act contains amendments related to this section.                  

Commencement Information

I1S. 2(6) in force at 5.2.2013 by S.I. 2013/219, **art. 2(a)**

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### 11Orders under Part 1U.K.

(1)An order under this Part is to be made by statutory instrument.                  

(2)A statutory instrument containing an order under this Part (whether alone or with other provision) may not be made unless                        a draft of the instrument has been laid before and approved by a resolution of each House of Parliament (but paragraph 28                        of Schedule 5 contains an exception to this).                  

(3)An order under this Part may make consequential, supplementary, incidental, transitional or saving provision.                  

(4)An order under this Part may modify any other Act or subordinate legislation (whenever passed or made).                  

(5)An order under this Part—                  

(a)may apply generally or only in specified cases, circumstances or areas;                  

(b)may make different provision for different cases, circumstances or areas.                  

### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 13Amendments and transitional provisionU.K.

(1)Schedule 4 contains amendments to do with this Part.                  

(2)Schedule 5 makes transitional provision to do with this Part.                  

(3)In relation to an offence committed in England and Wales before the commencement of section 154(1) of the Criminal Justice                        Act 2003, the reference to 12 months in paragraph 13(1ZD)(a) of Schedule 2 to the Representation of the People Act 1983 (inserted                        by Schedule 2 to this Act) is to be read as a reference to 6 months.                  

(4)In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice                        Act 2003, the reference to 51 weeks in paragraph 13(1ZD)(b) of Schedule 2 to the Representation of the People Act 1983 (inserted                        by Schedule 2 to this Act) is to be read as a reference to 6 months.                  

Commencement Information

I2S. 13(2) in force at 5.2.2013 for specified purposes by S.I. 2013/219, **art. 2(b)**

## **PART 2**U.K.Administration and conduct of elections etc

### 14Extension of timetable for parliamentary electionsU.K.

### 15Timing of parish and community council elections in England and WalesU.K.

### 16Alteration of electoral registers: pending electionsU.K.

### 17Review of polling districts and places in Great BritainU.K.

### 18Inadequate performance of returning officer: reduction of chargesU.K.

### 19Voters waiting at polling station at close of pollU.K.

### 20Use of emblems on ballot papersU.K.

### 21Community support officersU.K.

### 22Notification of rejected postal voteU.K.

### 23Repeal of powers to establish co-ordinated on-line record of electorsU.K.

## **PART 3**U.K.Final provisions

### 24Financial provisionsU.K.

(1)There is to be paid out of money provided by Parliament—                  

(a)any expenditure incurred by a Minister of the Crown in consequence of this Act, and                  

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.                  

(2)There is to be paid out of the Consolidated Fund any increase attributable to this Act in the sums payable under any other                        Act out of that Fund.                  

### 25Meaning of “the Minister” etcU.K.

(1)In this Act “the Minister” means the Lord President of the Council or the Secretary of State.                  

(2)In article 3(1) of the Lord President of the Council Order 2010 (S.I. 2010/1837) (which makes certain functions of the Secretary                        of State exercisable concurrently with the Lord President) a reference to an enactment that is amended by this Act is to that                        enactment as amended.                  

### 26ExtentU.K.

An amendment or repeal made by this Act has the same extent as the enactment (or part of an enactment) amended or repealed.

### 27CommencementU.K.

(1)Subject as follows, Parts 1 and 2 of this Act come into force on such day as the Minister may by order made by statutory instrument                        appoint.                  

(2)Paragraph 28 of Schedule 5 comes into force at the end of the period of 2 months beginning with the day on which this Act                        is passed.                  

(3)This Part comes into force on the day on which this Act is passed.                  

(4)An order under subsection (1) may appoint different days for different purposes (including different days for different parts                        of the United Kingdom).                  

(5)An order under subsection (1) bringing into force any provision of section 19 may—                  

(a)make provision in consequence of, or for giving full effect to, that section, or                  

(b)make supplementary or incidental provision for the purposes of that section.                  

(6)An order made by virtue of subsection (5) may—                  

(a)modify any Act (whenever passed), including any provision inserted by a provision of this Act apart from section 19, or                  

(b)modify subordinate legislation (whenever made).                  

(7)An order made by virtue of subsection (5) that contains provision modifying an Act may not be made unless a draft of the statutory                        instrument containing it has been laid before and approved by a resolution of each House of Parliament.                  

(8)Any other order made by virtue of subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.                  

(9)In this section—                  
          -  “modify” includes amend, repeal or revoke;                         
          -  “subordinate legislation” has the same meaning as in the Interpretation Act 1978.                         

(10)The Minister may by order made by statutory instrument make transitional, transitory or saving provision in connection with                        the coming into force of any provision of this Act or of any provision of an order made by virtue of subsection (5).                  

### 28Short titleU.K.

This Act may be cited as the Electoral Registration and Administration Act 2013.

# SCHEDULES

 Section 1

## SCHEDULE 1U.K.Register of electors: alterations and removal

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 Section 2

## SCHEDULE 2U.K.Sharing and checking information etc

1U.K.Schedule 2 to the Representation of the People Act 1983 (provisions which may be contained in regulations as to registration                        etc) is amended as follows.

Commencement Information

I3Sch. 2 para. 1 in force at 5.2.2013 by S.I. 2013/219, **art. 2(c)**

2U.K.After paragraph 1 insert—

“1A(1)Provision authorising or requiring a person to disclose information to another person for the purpose of assisting a registration                           officer in Great Britain—                  

(a)to verify information relating to a person who is registered in a register maintained by the officer or who is named in an                           application for registration in, or alteration of, a register,                  

(b)to ascertain the names and addresses of people who are not registered but who are entitled to be registered, or                  

(c)to identify those people who are registered but who are not entitled to be registered.                  

(2)Provision made under sub-paragraph (1) may authorise or require the person to whom the information is disclosed—                  

(a)to compare it with other information;                  

(b)to disclose the results of the comparison to a registration officer for the purpose mentioned in that sub-paragraph.                  

(3)The provision that may be made under sub-paragraph (1) or (2) includes provision—                  

(a)conferring other functions on a person;                  

(b)authorising the Secretary of State to make grants to a person on whom functions are conferred;                  

(c)authorising a person to disclose or otherwise process information only in accordance with an agreement;                  

(d)authorising or requiring a person to disclose or otherwise process information only in accordance with requirements imposed                           by the Secretary of State;                  

(e)regulating the manner in which information is disclosed;                  

(f)requiring the retention or disposal, or otherwise regulating the processing, of information disclosed.                  

(4)Provision made under this paragraph has effect despite any statutory or other restriction on the disclosure of information.                  

(5)In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.”                  

Commencement Information

I4Sch. 2 para. 2 in force at 5.2.2013 by S.I. 2013/219, **art. 2(c)**

3U.K.After paragraph 8B (inserted by section 2) insert—

“8C(1)Provision requiring the retention or disposal, or otherwise regulating the processing, of—                  

(a)information provided in an application under section 10ZC or 10ZD;                  

(b)information provided to a person in accordance with a requirement imposed by a registration officer in Great Britain under                           provision made by virtue of paragraph 1(2);                  

(c)information provided to a person by virtue of provision made under paragraph 3ZA.                  

(2)In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.”                  

Commencement Information

I5Sch. 2 para. 3 in force at 5.2.2013 by S.I. 2013/219, **art. 2(c)**

4U.K.In paragraph 13, after sub-paragraph (1ZA) insert—

“(1ZB)Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made                           under paragraph 1A(3)(e) or (f) or 8C.                  

(1ZC)Provision made under sub-paragraph (1ZB) creating an offence may not—                  

(a)provide for the offence to be punishable on conviction on indictment by imprisonment for a term exceeding two years;                  

(b)provide for the offence to be punishable on summary conviction by imprisonment for a term exceeding the relevant maximum;                  

(c)provide for the offence to be punishable on summary conviction by a fine exceeding the statutory maximum or level 5 on the                           standard scale (as appropriate).                  

(1ZD)In sub-paragraph (1ZC)(b) “the relevant maximum”—                  

(a)in relation to an offence triable either on indictment or summarily, means—                  

(i)in England and Wales or Scotland, 12 months, and                  

(ii)in Northern Ireland, 6 months;                  

(b)in relation to an offence triable only summarily, means—                  

(i)in England and Wales, 51 weeks, and                  

(ii)in Scotland or Northern Ireland, 6 months.”                  

Commencement Information

I6Sch. 2 para. 4 in force at 5.2.2013 by S.I. 2013/219, **art. 2(c)**

5U.K.In section 53 of the Representation of the People Act 1983 (power to make regulations as to registration etc), after subsection                        (4) insert—

“(5)Before making regulations containing provision under paragraph 1A of Schedule 2, or paragraph 13(1ZB) of that Schedule so                           far as relating to that paragraph, the Secretary of State must consult—                  

(a)the Electoral Commission,                  

(b)the Information Commissioner, and                  

(c)any other person the Secretary of State thinks appropriate.                  

(6)The Secretary of State may require the Electoral Commission to—                  

(a)prepare a report on specified matters relating to the operation of any provision made under paragraph 1A of Schedule 2, and                  

(b)give the Secretary of State a copy of the report by no later than a specified date.                  

(7)The Secretary of State must publish a copy of the report.                  

(8)A registration officer in Great Britain must comply with any request made by the Electoral Commission for information that                           it reasonably requires in connection with the preparation of a report under subsection (6).”                  

Commencement Information

I7Sch. 2 para. 5 in force at 5.2.2013 by S.I. 2013/219, **art. 2(c)**

 Section 5

## SCHEDULE 3U.K.Civil penalty for failing to make application when required by registration officer

Prospective

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 Section 13

## SCHEDULE 4U.K.Amendments to do with Part 1

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 Section 13

## SCHEDULE 5U.K.Transitional provision to do with Part 1

### **PART 1**U.K.Introduction

#### Applications for registration etc made before commencementU.K.

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Meaning of “commencement date”U.K.

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Meaning of “new application for registration” and “successful” new applicationU.K.

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Checking of old entries and meaning of “confirmation” of entitlement to remain registeredU.K.

4(1)The Minister may by order require a registration officer in Great Britain to take specified steps to check whether each person                        who has an entry in a register maintained by the officer is entitled to remain registered.U.K.

(2)For the purposes of this Schedule a person's entitlement to remain registered has been “confirmed” if, having taken steps                        in accordance with an order under sub-paragraph (1), the registration officer is satisfied that there is evidence of a kind                        specified in the order to support the person's entitlement to be registered.

(3)An order under this paragraph may make further provision about checking or confirming a person's entitlement to remain registered,                        including—

(a)provision of the kind mentioned in paragraph 1A or 13(1ZB) to (1ZD) of Schedule 2 to the Representation of the People Act                        1983 (inserted by Schedule 2 to this Act);

(b)provision requiring a registration officer to have regard to guidance given by the Minister (including guidance of the kind                        mentioned in section 1(4));

(c)provision requiring a registration officer who has confirmed a person's entitlement, to notify that person in a specified                        manner and within a specified period;

(d)provision requiring the notification to be accompanied by, or combined with, other documents.

(4)Subsections (5) to (8) of section 53 of the Representation of the People Act 1983 (inserted by Schedule 2 to this Act) apply                        in relation to an order containing provision of the kind mentioned in sub-paragraph (3)(a) above as they apply in relation                        to the regulations mentioned in subsection (5) of that section.

(5)Nothing in this paragraph requires a registration officer to take steps to check the entitlement of a person to remain registered                        in a register if—

(a)the person's entry in the register was carried forward on the conclusion of the final old canvass (see paragraph 5(2)),

(b)the person has made a successful new application for registration in the register, or

(c)the person is a relevant person for the purposes of Part 5 or 6 of this Schedule.

Commencement Information

I8Sch. 5 para. 4(4) in force at 5.2.2013 by S.I. 2013/219, **art. 2(d)**

### **PART 2**U.K.Removal of existing registrations by end of the third new canvass

#### Removal of certain existing registrations after the first new canvassU.K.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Removal of existing registrations after the third new canvassU.K.

6U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### This Part not to apply to persons within Part 5 or 6 belowU.K.

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### **PART 3**U.K.Encouraging new applications

#### Registration officers to invite applications in year of first new canvass from those with existing registrationsU.K.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Powers to delay canvasses and timing of canvassesU.K.

9(1)The Minister may by order—U.K.

(a)postpone any canvass to be conducted under section 10(1) of the Representation of the People Act 1983;

(b)make provision about the period during which canvass forms to be used for the purpose of such a canvass are to be given.

(2)The Minister may by order postpone the first new canvass.

(3)Any canvass forms to be used by a registration officer for the purpose of the first new canvass must be given within the period                        prescribed for the purposes of paragraph 8.

(4)The Minister may by order make provision about the period during which any canvass forms to be used for the purpose of the                        second new canvass are to be given.

(5)A registration officer is not required, before the commencement date, to do anything for the purpose of conducting any canvass                        under section 10(1) of the Representation of the People Act 1983 by reference to residence on the 15 October after the commencement                        date.

(6)An order under sub-paragraph (1) or (2) postponing a canvass must specify the period during which it is to be conducted; and                        the period must not end later than the 1 April after it begins.

(7)An order under sub-paragraph (1) or (2) postponing a canvass does not postpone or remove a duty to conduct any other canvass.

Commencement Information

I9Sch. 5 para. 9(1)(5)-(7) in force at 5.2.2013 by S.I. 2013/219, **art. 2(d)**

#### Canvass forms need not be supplied to addresses to which invitations suppliedU.K.

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#### Registration officers to invite applications in year of second new canvass from those with existing registrationsU.K.

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#### Invitations under paragraph 8 or 11 and power to require application following invitationU.K.

12U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Power to require additional information on poll cards at 2014 European Parliamentary electionU.K.

14U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Certain provisions of this Part not to apply to persons within Part 5 or 6 belowU.K.

15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### **PART 4**U.K.Absent voting

#### Applicant for absent vote must have made successful new application for registration or had registration confirmedU.K.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Entitlement to absent vote ceases after first new canvass if no successful new application for registration or confirmation                        of registrationU.K.

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#### Proxies to have made successful new application for registration or had registration confirmedU.K.

18U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Proxy for existing absent voter need not have made successful new application for registration or had registration confirmed                        until after first new canvassU.K.

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### **PART 5**U.K.Persons with existing registrations by virtue of declarations etc

#### Meaning of “relevant person”U.K.

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Relevant person's first renewal of registration after 3-month transitional period: successful new application requiredU.K.

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Application for absent vote before first renewal of registration after 3-month transitional period: relevant person need not                        have made successful new application for registrationU.K.

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Proxy for relevant person need not have made successful new application for registration until relevant person's first successful                        new application for registrationU.K.

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### **PART 6**U.K.Persons with existing registrations by virtue of section 7(2) or 7A(2) of the Representation of the People Act 1983

#### Meaning of “relevant person”U.K.

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Amendments not to apply to application made by relevant person before first renewal of registration after 3-month transitional                        periodU.K.

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Application for absent vote before first renewal of registration after 3-month transitional period: relevant person need not                        have made successful new application for registrationU.K.

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Proxy for relevant person need not have made successful new application for registration until relevant person's first successful                        new application for registrationU.K.

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### **PART 7**U.K.Supplementary

#### Power to bring forward effect of paragraph 6U.K.

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Power to make supplementary provisionU.K.

29U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Interpretation of this ScheduleU.K.

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.