The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | SI 2023/1406 |
2023 No. 1406
Police, England And Wales
Representation Of The People
The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023
Made 18th December 2023
Coming into force in accordance with regulation 1(2) to (5)
The Secretary of State makes these Regulations in exercise of the powers conferred by the provisions specified in Schedule 1 to these Regulations.
The Secretary of State has consulted—
(a) the Electoral Commission, in accordance with section 53(5)(a) of the Representation of the People Act 19831and section 7(1) and (2)(c), (hc) and (k) of the Political Parties, Elections and Referendums Act 20002, and
(b) the Information Commissioner and such other persons as the Secretary of State considers appropriate, in accordance with section 53(5)(b) and (c) of the Representation of the People Act 1983.
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 201(2) of the Representation of the People Act 19833, section 154(2)(b) of the Police Reform and Social Responsibility Act 20114, sections 18(8) and 21(6) of the Recall of MPs Act 20155and paragraph 13(4) of Schedule 8 to the Elections Act 20226.
PART 1
Introduction
Citation, commencement, extent, transitional provisions and savings
1.—(1) These Regulations may be cited as the Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023.
(2) Subject to paragraphs (3) to (5), these Regulations come into force on 16th January 2024.
(3) Regulation 15 comes into force on 7th May 2024.
(4) Regulation 16 comes into force immediately before regulation 11 of the Representation of the People (Franchise Amendment and Eligibility Review) Regulations 20237comes into force.
(5) Regulation 19 comes into force immediately before regulation 17(5)(a) of the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 20238comes into force.
(6) In these Regulations—
(a)
(a) this Part and regulation 13 extend to England and Wales and Scotland and Northern Ireland;
(b)
(b) regulation 14 extend to England and Wales and Scotland;
(c)
(c) Chapter 1 of Part 2, regulation 12, Part 3 and Part 4 extend to England and Wales;
(d)
(d) Chapter 2 of Part 2 extends to Scotland.
(7) Schedule 2 (overseas electors: transitional provisions and savings) has effect.
PART 2
Overseas electors
CHAPTER 1
Amendment of the Representation of the People (England and Wales) Regulations 2001
Introduction to Chapter 1
2. The Representation of the People (England and Wales) Regulations 20019are amended in accordance with this Chapter.
Amendment of Part 1 (general, interpretation and miscellaneous)
3.—(1) Part 1 (general, interpretation and miscellaneous) is amended as follows.
(2) In regulation 3 (interpretation)—
(a)
(a) in paragraph (1)—
(i) in the definition of “digital service”, in paragraph (b), after “29ZA” insert “, 29ZAA, 29ZAB”;
(ii) after the definition of “overseas elector” insert—
“
“previous registration condition” has the same meaning as in section 1A(2) of the 1985 Act10;
“previous residence condition” has the same meaning as in section 1A(3) of the 1985 Act;
”;
(iii) after the definition of “relevant contact details” insert—
“
“renewal declaration” means a declaration made under and in accordance with section 1E of the 1985 Act11;
”;
(b)
(b) for paragraph (3B) substitute—
“
3B The following documents may be transmitted by an applicant to a registration officer by electronic means—
(a) a document provided in accordance with regulation 18(8)(b), 24A(4) or 26(9B) or (9C);
(b) in relation to an application to which regulation 26A applies which is made by an applicant who is registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26A(4);
(c) in relation to an application made in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 26B(2) to (4);
(d) a document provided in accordance with regulations 26C to 26H or 26J;
(e) in relation to an application to which regulation 31G applies which is made by an applicant who is, or who has applied to be, registered in pursuance of an overseas elector’s declaration, a document provided in accordance with regulation 31G(3);
(f) a document provided in accordance with regulation 51(9) or 56C.
(3) In regulation 5 (communication of applications, notices etc.)—
(a)
(a) in paragraph (1), after “relevant attestation” insert “, renewal declaration”;
(b)
(b) for paragraph (3) substitute—
“
3 In paragraph (1), “relevant attestation” means—
(a) an attestation under regulations 26B(6ZA), 26E, 26F, 26G or 26H;
(b) an attestation under regulation 31J in relation to an application to which regulation 31G applies which is made by an applicant who is, or who has applied to be, registered in pursuance of an overseas elector’s declaration;
(c) an attestation under regulation 56C(6).
Amendment of Part 2 (service and overseas electors’ declarations)
4.—(1) Part 2 (service and overseas electors’ declarations) is amended as follows.
(2) For regulation 18 substitute—
“
Contents of overseas elector’s declaration
18.—(1) In addition to the information required by section 1C(1) to (4) of the 1985 Act12, an overseas elector’s declaration must include the information required by this regulation relating to the declarant (‘D’).
(2) The declaration must include an indication as to whether D’s name has changed—
(a)
(a) where D applies to be registered in reliance on the previous registration condition, since D was last included in an electoral register;
(b)
(b) where D applies to be registered in reliance on the previous residence condition, since D was (as the case may be)—
(i) last resident at the address included in the declaration in accordance with section 1C(3)(a)(i) of the 1985 Act, or
(ii) where section 1C(4) of the 1985 Act applies, last resident in the United Kingdom.
(3) Where in accordance with paragraph (2) an indication is included in the declaration that D’s name has changed, the declaration must also include—
(a)
(a) D’s name in respect of which D was last registered or when D was last resident (as the case may be), and
(b)
(b) an explanation as to the change of name.
(4) The declaration must include D’s present address.
(5) The declaration must include—
(a)
(a) the number and date and place of issue of D’s relevant passport,
(b)
(b) if D does not have a relevant passport but was born in the United Kingdom before 1st January 1983, an indication of those facts, or
(c)
(c) if D does not have a relevant passport and was not born in the United Kingdom before1st January 1983, a statement as to when and how D acquired the status of British citizen, together with the date, place and country of D’s birth.
(6) In paragraph (5)—
“relevant passport” means a British passport (whether current or expired) which describes D’s national status as “British citizen”;
“the United Kingdom” has the same meaning as in section 50 of the British Nationality Act 198113.
(7) Where D applies to be registered in reliance on the previous registration condition, the declaration must include an indication as to whether when last registered D was registered in pursuance of—
(a)
(a) an overseas elector’s declaration,
(b)
(b) a service declaration, or
(c)
(c) a declaration of local connection.
(8) Where D applies to be registered in reliance on the previous residence condition—
(a)
(a) the declaration must include an indication as to whether D was under 18 years old on the last day that D was resident in the United Kingdom, and
(b)
(b) where D indicates that D was under 18 years old on that last day, D may provide as part of D’s declaration any information or document described in regulation 26C.
(9) Where section 1C(4) of the 1985 Act applies, the declaration must include—
(a)
(a) a statement as to which of the categories of persons, to which section 7B of the 1983 Act (notional residence: declarations of local connection)14applies, applied to D on the last date that D was resident in the United Kingdom15, and
(b)
(b) where section 7B(2)(a) or (b) applied to D, the name and address of the mental hospital (within the meaning of section 7 of the 1983 Act16) at which D was a patient, or (as the case may be) of the place at which D was detained, on that date.
(3) Omit regulation 19 (certain declarants to supply copy of birth certificates).
(4) In regulation 21 (transmission of overseas elector’s declaration), for “section 2(4) of the 1985 Act” substitute—
“
section 1C(2)(a)(i), (3)(a)(i) or (4) of the 1985 Act by—
(a)
(a) the Secretary of State, where the declaration forms part of an application made through the digital service in accordance with regulation 26(9);
(b)
(b) otherwise, by the declarant.
(5) In regulation 22 (notification about registration as overseas elector)—
(a)
(a) in paragraph (1), for “sections 1 and 2” substitute “section 1A”;
(b)
(b) in paragraph (2)—
(i) in sub-paragraph (a), for “section 1” substitute “section 1A”;
(ii) in sub-paragraph (b), for “section 2 of the 1985 Act or regulation 18 or 20 above” substitute “section 1C of the 1985 Act or regulation 18”;
(iii) omit sub-paragraph (c) and the “or” immediately preceding it;
(iv) for the words after sub-paragraph (c) substitute—
“
the registration officer must notify the declarant in writing and set out the officer’s reasons for rejecting the application for registration.
(6) After regulation 22 insert—
“
Overseas electors: reminders and renewal declarations(22A) Reminders to electors registered pursuant to an overseas elector’s declaration(1) Subject to paragraph (3), the registration...
To continue reading
Request your trial