Representation of the People (Amendment) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/104 |
| Year | 1986 |
1986 No. 104
REPRESENTATION OF THE PEOPLE
The Representation of the People (Amendment) Regulations 198520thNovember 1985
28thNovember 1985
3rdFebruary 1986
In exercise of the powers conferred upon me by sections 53 and 201(1) of, and paragraphs 11, 11A and 12 of Schedule 2 to, the Representation of the People Act 1983(a), having regard to the definition of "prescribed" in section 202(1) of that Act, I hereby make the following Regulations:—
1.—(1) These Regulations may be cited as the Representation of the People (Amendment) Regulations 1985.
(2) These Regulations shall, subject to their having been approved by resolution of each House of Parliament, come into operation on 3rd February 1986:
Provided that these Regulations shall not have effect in respect of any register of electors prior to the registers of electors which are required to be published not later than 15th February 1986 or any data relating to such registers.
(3) These Regulations do not extend to Scotland or Northern Ireland.
2. In these Regulations the expression "the principal Regulations" means the Representation of the People Regulations 1983(b).
3. In Regulation 3(1) of the principal Regulations (interpretation):—
(a) after the definition of "British Council employee" there shall be inserted the following—
' "candidate" means—
(a) in relation to a parliamentary election, a person who is nominated as a candidate at the election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for the election, or after the dissolution or vacancy in consequence of which the writ was issued;
(b) in relation to a local government election, a person having been nominated or having declared himself a candidate for election to the office to be filled at the election;
"constituency" means a parliamentary constituency;';
(a) 1983 c.2; paragraph 11A was inserted by paragraph 87(c) of Schedule 4 to the Representation of the People Act 1985 (c.50).
(b) S.I. 1983/435.
(b) after the definition of "Crown servant" there shall be inserted the following:—
' "data" and "data user" have the same meanings as in section 1 of the Data Protection Act 1984(a);', and
(c) after the definition of "registration officer" there shall be inserted the following:—
' "returning officer" means the acting returning officer;'.
4. For paragraphs (1) and (2) of Regulation 28 of the principal Regulations (free copies of register) there shall be substituted the following paragraphs:—
'(1) The registration officer shall, on request, supply free of charge to the Member of Parliament for the constituency one copy of so much of the register as relates to that constituency.
(2) The registration officer shall—
(a) on request, and
(b) if he is not the returning officer for the constituency in respect of which the request was made, after consultation with that officer,
supply free of charge—
(i) four copies of so much of the register (which may be printed on one side only) as relates to the constituency and—
(a) four copies of so much of Lists B and C of the electors lists as so relate, or
(b) in the case of the electors lists to which Regulation 17(6) applies, four copies of so much of the draft register as so relates,
so long as those lists, or the draft register, are kept published, to any person who satisfies the registration officer that he requires them for use in connection with his own or some other person's prospective candidature at a parliamentary election for that constituency:
Provided that not more than one person in respect of the same candidature shall be so supplied; and
(ii) two copies of so much of the register as relates to the constituency to each candidate at a parliamentary election for that constituency or his election agent.
(2A) The registration officer who is not the returning officer for a constituency shall supply free of charge to that officer as many copies of so much of the register as that officer needs for the purposes of a parliamentary election.'.
5. In Regulation 29 of the principal Regulations (sale of register) for the words "15p for each thousand (or part of one thousand)" there shall be substituted the words "20p for each thousand (or remaining part of one thousand)" and for the words "£1.50 for each one thousand (or part of one thousand)" there shall be substituted the words "£2 for each thousand (or remaining part of one thousand)".
6. After Regulation 29 of the principal Regulations, there shall be inserted the following Regulations:—
(a) 1984 c.35.
'Supply of data
29A.—(1) This Regulation applies only to a registration officer who is a data user.
(2) In this Regulation:—
"data to which this Regulation applies" means data consisting of the names of those persons included in the register of electors, together with any data, other than data to which paragraph (3) below applies, consisting of information relating to them including—
(i) their electoral numbers;
(ii) except where the address is excluded from the register under Regulation 15(2), their addresses, and
(iii) any distinguishing letter; and
"holds" has the same meaning as in section 1(5) of the Data Protection Act 1984.
(3) The registration officer shall not supply data which consists of information (including addresses) which is not required to be published in the register of electors in accordance with those provisions of the Act of 1983 or these Regulations which relate to the registration of electors:
Provided that this restriction shall not apply to the supply of data to the returning officer for the constituency.
(4) Any obligation on the registration officer to supply data under this Regulation imposes only an obligation to supply such data recorded in the form in which he holds it.
(5) The registration officer shall, on payment of a fee determined in accordance with paragraph (7) below, supply to a person, who is entitled to a free copy...
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