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

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## **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.

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.”                  

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.”                  

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.”                  

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).”                  

 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

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