The Representation of the People (Amendment) Regulations 2009

• Citation: S.I. 2009/725
• Sections: 15

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Representation of the People (Amendment) Regulations 2009 and shall come into force on the day after the day on which they are made.

(2) In these Regulations—

“the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;

“the 2001 Scotland Regulations ” means the Representation of the People (Scotland) Regulations 2001 .

(3) These Regulations do not extend to Northern Ireland.

Section 2 Amendment of the 2001 Regulations

The 2001 Regulations are amended as follows.

Section 3 Registration of European Parliamentary overseas electors in England and Wales

In regulation 13 (registration of European Parliamentary overseas electors) for paragraph (6) substitute—

(6) The regulations which are set out in column 1 of Schedule 4A to these Regulations shall, subject to—

(a) any modifications specified in relation to those provisions in column 2 of that Schedule, and

(b) paragraph (7) below,

apply to a European Parliamentary overseas elector’s declaration and registration in pursuance of it as they apply to an overseas elector’s declaration and registration in pursuance of it.

Section 4 Registration of European Parliamentary overseas electors in England and Wales

(1) Part I of Schedule 4 (application with modifications of provisions of the 1983 Act for registration of European Parliamentary overseas electors) is amended as follows.

(2) In the entry in column 2 relating to section 9 (register of electors) insert in the appropriate place “In subsection (2) omit “Subject to section 9B(3) below,”.”.

(3) After the entry in column 1 relating to section 9 (register of electors) insert “Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)”.

(4) In the entry in column 2 relating to section 10A (maintenance of registers: registration of electors) insert—

In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002 ”.

In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.

In subsection (4) omit paragraph (b).

In subsection (9) omit the definition of “resident”.

(5) In the entry in column 2 relating to section 13A (alteration of registers) insert—

In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.

In subsection (1)(c) omit “or 58”.

In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.

For subsection (3) substitute:

(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a) at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or

(b) at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,

and in such a case the alteration in question shall be made in those revised versions of the registers.

In subsection (4) omit “or 13BA(3), (6) or (9)”.

In subsection (5) omit “or 13BA”.

In subsection (6) omit from “; and section 119 below shall apply” to the end.

(6) In the entry in column 2 relating to section 13B (alteration of registers: pending elections) insert in the appropriate place “Omit subsection (6).”.

(7) For the entry in column 2 relating to section 56 (registration appeals: England and Wales) substitute—

In subsection (1) for paragraph (aa) substitute:

(aa) from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.

In subsection (1) omit paragraphs (ab) and (b).

Section 5 Registration of European Parliamentary overseas electors in England and Wales

After Schedule 4 insert—

APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1

Regulation applied

2

Modification

Omit paragraphs (2B) and (4A).

In paragraph (4) omit “Subject to paragraph (4A),”.

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

For paragraph (2) substitute:

(2) The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.

Omit paragraph (3).

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.”.

In paragraph (2) omit sub-paragraph (c).

Omit paragraph (4).

In paragraph (1) for sub-paragraph (b) substitute:

(b) under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;

In paragraph (1) omit sub-paragraph (c).

For paragraph (1) substitute:

(1) Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.

Omit paragraphs (2) and (3).

Section 6 Evidence in support of application for anonymous registration in England and Wales

In regulation 31I(3) (anonymous registration: evidence consisting of relevant court orders or injunctions) after sub-paragraph (g) insert—

;

(h) an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997 ;

(i) a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997 ;

(j) a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997 ;

(k) a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 .

Section 7 Evidence in support of application for anonymous registration in England and Wales

In regulation 31J(4) (anonymous registration: evidence by attestation)—

(a) in sub-paragraph (a) for “the chief officer of police” substitute “a police officer of or above the rank of superintendent”;

(b) in sub-paragraph (b) for “the chief constable” substitute “a police officer of or above the rank of superintendent”;

(c) in sub-paragraph (c) for “the Chief Constable” substitute “a police officer of or above the rank of superintendent”; and

(d) for sub-paragraphs (f) to (h) substitute—

;

(f) any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970 ;

(g) any director of children’s services in England within the meaning of section 18 of the Children Act 2004 ;

(h) any director of social services in Wales within the meaning of section 6(1) of the Local Authority Social Services Act 1970 ;

(i) any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968 ;

(j) any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;

(k) any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991

Section 8 Supply of full register etc to the Statistics Board

(1) In the heading to regulation 99 (supply of free copy of full register etc to Office for National Statistics and restrictions on use) for “Office for National Statistics” substitute “Statistics Board” .

(2) In regulation 99—

(a) in paragraph (1) for “Office for National Statistics” substitute “Statistics Board” and for ““the Office”” substitute ““the Board””; and

(b) in paragraphs (2), (3), (4)(a), (4A) and (6), for “the Office” substitute “the Board”.

Section 9 Amendment of the 2001 Scotland Regulations

The 2001 Scotland Regulations are amended as follows.

Section 10 Registration of European Parliamentary overseas electors in Scotland

In regulation 13 (registration of European Parliamentary overseas electors) for paragraph (6) substitute—

(6) The regulations which are set out in column 1 of Schedule 4A to these Regulations shall, subject to—

(a) any modifications specified in relation to those provisions in column 2 of that Schedule, and

(b) paragraph (7) below,

apply to a European Parliamentary overseas elector’s declaration and registration in pursuance of it as they apply to an overseas elector’s declaration and registration in pursuance of it.

Section 11 Registration of European Parliamentary overseas electors in Scotland

(1) Part I of Schedule 4 (application with modifications of provisions of the 1983 Act for registration of European Parliamentary overseas electors) is amended as follows.

(2) In the entry in column 2 relating to section 9 (register of electors) insert in the appropriate place “In subsection (2) omit “Subject to section 9B(3) below,”.”.

(3) After the entry in column 1 relating to section 9 (register of electors) insert “Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)”.

(4) In the entry in column 2 relating to section 10A (maintenance of registers: registration of electors) insert—

In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002”.

In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”.

In subsection (4) omit paragraph (b).

In subsection (9) omit the definition of “resident”.

(5) In the entry in column 2 relating to section 13A (alteration of registers) insert—

In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”.

In subsection (1)(c) omit “or 58”.

In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.

For subsection (3) substitute:

(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a) at the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, or

(b) at the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,

and in such a case the alteration in question shall be made in those revised versions of the registers.

In subsection (4) omit “or 13BA(3), (6) or (9)”.

In subsection (5) omit “or 13BA”.

In subsection (6) omit from “; and section 119 below shall apply” to the end.

(6) In the entry in column 2 relating to section 13B (alteration of registers: pending elections) insert in the appropriate place “Omit subsection (6).”.

(7) For the entry in column 2 relating to section 56 as applied by section 57 (registration appeals: Scotland) substitute—

In subsection (1) for paragraph (aa) substitute:

(aa) from any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered.

In subsection (1) omit paragraphs (ab) and (b).

Section 12 Registration of European Parliamentary overseas electors in Scotland

After Schedule 4 insert—

APPLICATION WITH MODIFICATIONS OF REGULATIONS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1

Regulation applied

2

Modification

In paragraph (2)(a) omit “, other than applications accompanied by an application for anonymous entry”.

In paragraph (2A) omit “(other than an application accompanied by an application for an anonymous entry)”.

In paragraph (4) omit “Subject to paragraph (4A),”.

Omit paragraph (4A).

In paragraph (1) for “regulations 31C to 31F” substitute “regulations 31D to 31F”.

For paragraph (2) substitute:

(2) The functions specified in this paragraph are determining under section 2(2)(aa) of the 1985 Act whether a person was entitled to be registered.

Omit paragraph (3).

In paragraphs (5) and (8) omit “or, as the case may be, has ceased to satisfy the conditions for registration set out in section 4 of the 1983 Act.”.

In paragraph (2) omit sub-paragraph (c).

Omit paragraph (4).

In paragraph (1) for sub-paragraph (b) substitute:

(b) under section 56(1)(aa) of the 1983 Act, from the decision of a registration officer made in accordance with regulations 31D to 31F that a person was not entitled to be registered;

In paragraph (1) omit sub-paragraph (c).

For paragraph (1) substitute:

(1) Section 9(2)(b) of the 1983 Act (which requires each register of parliamentary or local government electors to contain the qualifying addresses of the persons registered in it) does not apply to an address which is specified in an overseas elector’s declaration in accordance with section 2(4)(b) or (c)(ii) of the 1985 Act.

Omit paragraphs (2) and (3).

Section 13 Evidence in support of application for anonymous registration in Scotland

In regulation 31I(3) (anonymous registration: evidence consisting of relevant court orders or injunctions) after sub-paragraph (g) insert—

;

(h) an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997;

(i) a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997;

(j) a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997;

(k) a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

Section 14 Evidence in support of application for anonymous registration in Scotland

In regulation 31J(4) (anonymous registration: evidence by attestation)—

(a) in sub-paragraph (a) for “the chief officer of police” substitute “a police officer of or above the rank of superintendent”;

(b) in sub-paragraph (b) for “the chief constable” substitute “a police officer of or above the rank of superintendent”;

(c) in sub-paragraph (c) for “the Chief Constable” substitute “a police officer of or above the rank of superintendent”; and

(d) after sub-paragraph (i) insert—

;

(j) any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;

(k) any executive director of social work of a Health and Social Services Trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991.

Section 15 Supply of full register etc to the Statistics Board

(1) In the heading to regulation 98 (supply of free copy of full register etc to Office for National Statistics and restrictions on use) for “Office for National Statistics” substitute “Statistics Board”.

(2) In regulation 98—

(a) in paragraph (1) for “Office for National Statistics” substitute “Statistics Board” and for ““the Office”” substitute ““the Board””; and

(b) in paragraphs (2), (3), (4)(a), (4A) and (6), for “the Office” substitute “the Board”.