The Representation of the People (Annual Canvass) (Amendment) Regulations 2019
| Year | 2019 |
2019 No. 1451
Representation Of The People
The Representation of the People (Annual Canvass) (Amendment) Regulations 2019
Made 4th November 2019
Coming into force in accordance with regulation 1
The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 53(1) and (3) and 201(3) of, and paragraphs 1(2), 1A and 13(1ZB) of Schedule 2 to, the Representation of the People Act 19831(“the 1983 Act”), and sections 7(1) and (2), and 11(3), (4) and (5) of the Electoral Registration and Administration Act 20132(“the 2013 Act”).
The Minister for the Cabinet Office has consulted the Electoral Commission in accordance with section 53(5) of the 1983 Act3and section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 20004, and has consulted the Information Commissioner and such other persons as he considered appropriate in accordance with section 53(5) of the 1983 Act.
In accordance with section 201(2) of the 1983 Act5and section 11(2) of the 2013 Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament. In accordance with section 8(6) of the 2013 Act, the draft instrument was accompanied by a report of the Electoral Commission.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Representation of the People (Annual Canvass) (Amendment) Regulations 2019.
(2) This regulation and regulations 20 and 21 come into force on the day after the day on which these Regulations are made.
(3) Regulations 2 to 19 come into force on 31st December 2019.
(4) Any amendment made by these Regulations has the same extent as the provision to which it relates.
(5) Regulations 20 and 21 extend to England and Wales and Scotland only.
Amendments to the Representation of the People Act 1983
2. The Representation of the People Act 19836is amended in accordance with regulations 3 to 5.
3. In section 9A (registration officers: duty to take necessary steps), in subsection (2)—
(a) before paragraph (a), insert—
“(za)
“(za) for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England, sending to any address at least one communication to be used for the canvass under section 9D below;”;
(b) in paragraph (a), for “or 10 below” substitute “(in the case of the canvass for the purposes of a register of local government electors in Scotland or in Wales) or the canvass under section 10;”;
(c) before paragraph (c), insert—
“(ba)
“(ba) for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England, making on one or more occasions contact with persons by telephone;”.
4. In section 9D (maintenance of registers: duty to conduct canvass in Great Britain)—
(a) in subsection (4), after “form” insert “or, except for the purposes of a register of local government electors in Scotland or Wales, one or more canvass communications”;
(b) in subsection (5)(a), after “form” insert “or communication”;
(c) after subsection (5)(a), insert—
“(aa)
“(aa) except for the purposes of a register of local government electors in Scotland or Wales, to obtain the information required by a canvass form,”;
(d) in subsection (5)(b), after “form” insert “or communication”;
(e) in subsection (5)(c), after “form” insert “or communication”.
5.—(1) Schedule 2 (provisions which may be contained in regulations as to registration etc.) is amended as follows.
(2) In paragraph 1B(1), after “canvass form” insert “or communication”.
(3) In paragraph 3C—
(a)
(a) in sub-paragraph (1), for “in Great Britain” substitute “for the purposes of a register of local government electors in Scotland or Wales”;
(b)
(b) after sub-paragraph (1), insert—
“1A Provision authorising or requiring a registration officer conducting a canvass for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England—
(a) to take specified steps for the purpose of obtaining any information that a registration officer may or must require persons to give by virtue of regulations under paragraph 1B(1) in respect of a particular address,
(b) to take specified steps for the purpose of obtaining information where no response is received in respect of a particular address.”;
(c)
(c) in sub-paragraph (3), after “sub-paragraph (1)” insert “, (1A)”.
Amendments to the Representation of the People (England and Wales) Regulations 2001
6. The Representation of the People (England and Wales) Regulations 20017are amended in accordance with regulations 7 to 12.
7. In regulation 3(1)—
(a) in the definition of “digital service”, for the words from “and for the purpose of verifying” to the end substitute “, for the purpose of verifying information under regulation 29ZA and for the purpose of the data matching under regulation 32ZBB in respect of the annual canvass for a register of parliamentary electors in England or Wales and a register of local government electors in England;”;
(b) after the definition of “registration officer”, insert—
““relevant contact details” means—
(a) an email address;
(b) a telephone number; or
(c) an electronic identifier unique to the individual;”.
8. In regulation 26(3)(eb), at the beginning insert “in relation to the registration of local government electors in Wales,”.
9. In regulation 32ZA—
(a) for the heading substitute “Annual canvass: register of local government electors in Wales”; and
(b) in paragraph (1), after “the 1983 Act” insert “in respect of a register of local government electors in Wales”.
10. In regulation 32ZB(1), for “If”, substitute “In relation to the annual canvass required by section 9D of the 1983 Act in respect of a register of local government electors in Wales, if”.
11. After regulation 32ZB insert—
“Annual canvass
32ZBA.—(1) Before conducting the annual canvass required by section 9D(1) of the 1983 Act, each registration officer must comply with paragraph (1) of regulation 32ZBB in respect of a register of parliamentary electors in England or Wales, or a register of local government electors in England.
(2) Each registration officer must conduct the annual canvass in respect of a residential address in the area for which they are responsible in accordance with regulation 32ZBD, for the purposes of a register of parliamentary electors in England or Wales, or a register of local government electors in England.
(3) The obligation in paragraph (2) does not apply in a case described in paragraph (4) or (5) (but see paragraph (6)).
(4) The first case is where—
(a)
(a) having taken into account the information described in paragraph (7), the registration officer—
(i) is satisfied that it is not necessary to remove a person registered at the address from a register of parliamentary electors in England or Wales, or a register of local government electors in England; and
(ii) has no reason to believe that any addition may be required to such a register in respect of the address; and
(b)
(b) having proceeded to conduct the annual canvass in accordance with regulation 32ZBE—
(i) the registration officer remains satisfied as to the matters in sub-paragraph (a); or
(ii) in circumstances where the registration officer has reason to believe that—
(aa) it may be necessary to remove a person registered at that address from a register of parliamentary electors in England or Wales, or a register of local government electors in England; or
(bb) a person who resides at the address may be entitled to be added to such a register,
the registration officer is aware of that person’s name.
(5) The second case is where—
(a)
(a) the address is in respect of a property to which regulation 32ZBF(2) applies;
(b)
(b) the registration officer has—
(i) identified a responsible person in respect of that property within the meaning of regulation 32ZBF(8); and
(ii) attempted to make contact with the responsible person in accordance with regulation 32ZBF(5); and
(c)
(c) the responsible person has, within a reasonable time of the registration officer making that attempt, communicated the information described in regulation 32ZBF(5)(a) to (c) to the officer.
(6) Where any of the information described in paragraph (7) or taken into account in accordance with paragraph (8) indicates that only persons under the age of 18 are registered at an address in respect of a register of parliamentary electors in England or Wales, or a register of local government electors in England, the registration officer must conduct the annual canvass in respect of that address in accordance with regulation 32ZBD.
(7) The information in this paragraph is—
(a)
(a) the results of the data comparison described in regulation 32ZBB, where disclosed to the registration officer by the Minister for the Cabinet Office in accordance with paragraph (6) of that regulation; and
(b)
(b) any information which the registration officer may hold following the determination of an application under section 10ZC(1) or 10ZD(1) of the...
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