The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

• Citation: S.I. 2023/1145
• Sections: 18

Section 1 Citation and interpretation

(1) These Regulations may be cited as the Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023.

(2) In these Regulations—

“ combined authority mayoral election ” means an election for the return of a mayor as provided for in an order made under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 ;

“ EA 2022 ” means the Elections Act 2022;

“ ELA 1962 ” means the Electoral Law Act (Northern Ireland) 1962 ;

“ local authority mayoral election ” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000 ;

“ local election ” has the same meaning as in section 130(1) of ELA 1962 ;

“ local government election ” has the same meaning as in section 203(1) of RPA 1983 ;

“ relevant rule ” means (as the case may be)—

in the case of a parliamentary election or an election to the Northern Ireland Assembly, rule 5 of Schedule 1 to RPA 1983 ;

in the case of a local election in Northern Ireland, rule 4 of Schedule 5 to ELA 1962 ;

the corresponding rule in the rules made under—

in the case of a combined authority mayoral election, paragraph 12(1)(a) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009;

in the case of a local authority mayoral election, section 9HE(1)(a) of the Local Government Act 2000 ;

in the case of a referendum under Part 1A of the Local Government Act 2000 , section 9MG(2) or (3) of that Act ;

in the case of a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 , section 52ZQ(1) or (2) of that Act ;

in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990 , paragraph 16(1) of that Schedule; or

in the case of any other local government election, section 36 of RPA 1983 ;

in the case of a ward election in the City of London, section 6 of the Act of Common Council of 14th July 1960 .

Section 2 Provisions coming into force on 31st October 2023

The following provisions of EA 2022 come into force on 31st October 2023—

(a) section 3 (restriction of period for which person can apply for postal vote);

(b) section 6 (limit on number of electors for whom a proxy can vote), so far as it relates to the provisions brought into force by paragraph (f);

(c) section 12 (local elections and Assembly elections in Northern Ireland), so far as it relates to the provisions brought into force by paragraph (g);

(d) section 15 (voting and candidacy rights of EU citizens), so far as it relates to the provision brought into force by paragraph (h);

(e) Schedule 3 (restriction of period for which person can apply for postal vote);

(f) in Schedule 4 (proxy voting: limits and transitional provision)—

(i) paragraph 1, so far as it relates to the provisions brought into force by sub-paragraphs (ii) and (iii);

(ii) in paragraph 2, sub-paragraph (1), so far as it relates to sub-paragraph (2), and sub-paragraph (2);

(iii) paragraph 3;

(iv) in paragraph 6, sub-paragraph (1), so far as it relates to sub-paragraphs (2), (3) and (5), and those sub-paragraphs;

(v) paragraphs 8 to 11;

(g) in Schedule 6 (local elections in Northern Ireland and elections to the Northern Ireland Assembly)—

(i) paragraph 1, so far as it relates to the provisions brought into force by sub-paragraphs (ii) and (iii);

(ii) paragraph 23, so far as it relates to the provision brought into force by sub-paragraph (iii);

(iii) in paragraph 26, sub-paragraph (1), so far as it relates to sub-paragraph (2), and sub-paragraph (2);

(iv) in paragraph 28, sub-paragraph (1), so far as it relates to sub-paragraphs (2) and (3), and those sub-paragraphs;

(v) paragraph 29;

(vi) paragraphs 32 and 33;

(vii) paragraph 35, so far as it relates to the provisions brought into force by sub-paragraph (viii);

(viii) paragraphs 36 and 45;

(ix) paragraphs 47 and 48;

(h) in Schedule 8 (voting and candidacy rights of EU citizens), paragraph 13.

Section 3 Provisions coming into force on 1st November 2023

The following provisions of EA 2022 come into force on 1st November 2023—

(a) section 8 (undue influence);

(b) sections 10 (candidate nomination paper: commonly used names) and 11 (home address form: statement of local authority area);

(c) section 12 (local elections and assembly elections in Northern Ireland), so far as it relates to the provisions brought into force by paragraph (h);

(d) section 15 (voting and candidacy rights of EU citizens), so far as it relates to the provisions brought into force by paragraph (i);

(e) Part 5 (disqualification of offenders for holding elective office etc);

(f) Part 6 (information to be included with electronic material), so far as not already in force;

(g) Schedule 5 (undue influence: further provision);

(h) the following paragraphs of Schedule 6 (local elections in Northern Ireland and elections to the Northern Ireland Assembly)—

(i) paragraph 6 so far as it relates to the provision brought into force by sub-paragraph (ii);

(ii) paragraphs 7, 8 and 21;

(iii) paragraph 23 so far as it relates to the provision brought into force by sub-paragraph (iv);

(iv) paragraph 24;

(v) paragraph 35 so far as it relates to the provision brought into force by sub-paragraph (vi);

(vi) paragraph 38;

(i) for the purposes of proceedings preliminary or relating to an election for which the date of poll specified in the notice of election published in accordance with the relevant rule is on or after 7th May 2024, the following provisions of Schedule 8 (voting and candidacy rights of EU citizens)—

(i) in paragraph 1, sub-paragraphs (9) to (12);

(ii) in paragraph 2, sub-paragraphs (1) and (2) so far as they relate to sub-paragraph (3), and sub-paragraph (3);

(iii) paragraphs 3, 4 and 5;

(iv) in paragraph 6, sub-paragraph (1) so far as it relates to sub-paragraphs (2) and (4) to (6), and those sub-paragraphs;

(v) paragraphs 7, 8 and 10;

(j) Schedule 9 (offences for purposes of Part 5);

(k) Schedule 10 (disqualification orders: minor and consequential amendments);

(l) Schedule 11 (illegal practices);

(m) Schedule 12 (supply of information etc).

Section 4 Provisions coming into force on 31st January 2024

The following provisions of EA 2022 come into force on 31st January 2024—

(a) section 1 and Schedule 1 (voter identification), so far as not already in force;

(b) section 6 (limit on number of electors for whom a proxy can vote), so far as it relates to the provisions brought into force by paragraph (d);

(c) section 12 (local elections and Assembly elections in Northern Ireland), so far as it relates to the provisions brought into force by paragraph (e);

(d) in Schedule 4 (proxy voting: limits and transitional provision)—

(i) paragraph 1, so far as it relates to the provisions brought into force by sub-paragraphs (ii) and (iii);

(ii) paragraph 2, so far as not already in force;

(iii) paragraph 4, except for sub-paragraph (5) so far as it extends to Northern Ireland;

(iv) paragraph 6, so far as not already in force;

(v) paragraph 7;

(e) in Schedule 6 (local elections in Northern Ireland and elections to the Northern Ireland Assembly)—

(i) paragraph 1, so far as it relates to the provisions brought into force by sub-paragraphs (ii) to (vii);

(ii) paragraph 6, so far not already in force;

(iii) paragraph 9;

(iv) paragraphs 12 to 14, so far as not already in force;

(v) paragraphs 19 and 20;

(vi) paragraph 23, so far as it relates to the provision brought into force by sub-paragraph (vii);

(vii) paragraph 26, so far as not already in force;

(viii) paragraph 28, so far as not already in force;

(ix) paragraphs 31 and 34(c);

(x) paragraph 35, so far as it relates to the provisions brought into force by sub-paragraphs (xi) to (xiv);

(xi) paragraph 39;

(xii) paragraph 40, so far as it relates to the provision brought into force by sub-paragraph (xiii);

(xiii) paragraph 42;

(xiv) paragraph 44.

Section 5 Provisions coming into force on 7th May 2024

The following provisions of EA 2022 come into force on 7th May 2024—

(a) section 15 (voting and candidacy rights of EU citizens), so far as not already in force;

(b) Schedule 8 (voting and candidacy rights of EU citizens), so far as not already in force.

Section 6 Appointed and specified days

(1) The day appointed under section 54(9)(c) of EA 2022 for the guidance to come into force is 1st November 2023.

(2) In paragraph (1), “ the guidance ” means the guidance entitled “Statutory guidance on digital imprints”, a draft of which was laid before each House of Parliament on 13th July 2023.

(3) The specified day for the purposes of paragraph 4 of Schedule 3 to EA 2022 (transitional provision related to indefinite or long term pre-commencement postal vote entitlements) is 31st October 2023.

(4) In Schedule 4 to EA 2022—

(a) the specified day for the purposes of paragraphs 8 and 9 (termination of certain proxy appointments) is 31st January 2024;

(b) the specified day for the purposes of paragraphs 10 and 11 (termination of applications for certain proxy appointments) is 31st October 2023.

(5) In Schedule 6 to EA 2022—

(a) the specified day for the purposes of paragraphs 32 and 47 (termination of certain proxy appointments) is 31st January 2024;

(b) the specified day for the purposes of paragraphs 33 and 48 (termination of applications for certain proxy appointments) is 31st October 2023.

Section 7 Transitional and savings provisions

The Schedule has effect.

Section 8 Provisions coming into force on 2nd May 2024

Sections 1 and 2 of the Ballot Secrecy Act 2023 come into force on 2nd May 2024.

Section 1 General savings

(1) The amendments made by paragraphs 1(2) and 4 of Schedule 10 to EA 2022 do not apply to an election in relation to which notice of election was published in accordance with the relevant rule before the day on which those paragraphs come into force.

(2) The amendments made by—

(a) paragraph 1(3) of Schedule 10 to EA 2022;

(b) sections 10 and 11 of EA 2022 and paragraphs 7, 8 and 21 of Schedule 6 to EA 2022,

do not apply to an election in relation to which the date of poll specified in the notice of election published in accordance with the relevant rule is on or before 1st May 2024.

(3) The amendments made by paragraphs 1(1) to (8), 6(3), 9 and 11 of Schedule 8 to EA 2022 do not have effect in relation to the entitlement of a relevant person to vote at an election in relation to which the notice of election is published in accordance with the relevant rule on or before 31st January 2025.

(4) The amendment made by paragraph 2(4) of Schedule 8 to EA 2022 does not apply in relation to an election in relation to which the date of poll specified in the notice of election published in accordance with the relevant rule is on or before 15th February 2025.

(5) For the purpose of this paragraph, “ relevant person ” means a person—

(a) who is a relevant citizen of the Union within the meaning given by section 202(1) of RPA 1983,

(b) who either—

(i) on 7th May 2024—

(aa) is registered in a register of local government electors in England or Wales or a register of local electors in Northern Ireland, or

(bb) the registration officer in England or Wales or the Chief Electoral Officer for Northern Ireland is required to enter in such a register in accordance with section 10ZC(1) or 13A of RPA 1983, or

(ii) has submitted an application under section 10ZC or 13A(1)(a) of RPA 1983 before 7th May 2024 and that application is granted on or after that date, and

(c) in respect of whom, on the date on which notice of election is published in accordance with the relevant rule, an eligibility review has not been completed.

(6) In sub-paragraph (5)(c), “ eligibility review ” means—

(a) a review under Chapter 2 or 3 of Part 2 of the Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023, or

(b) a review under Part 2 of the Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023.

Section 2 Interpretation of Part

In this Part—

“ ongoing relevant election ” means a relevant election where—

the date on which the notice of election or referendum is published in accordance with the relevant rule is on or before 30th January 2024, and

the date of poll as specified in that notice is on or after 31st January 2024;

“ proxy appointment ” has the same meaning as in paragraph 8(8) or 9(6) of Schedule 4 to EA 2022 or paragraph 32(6) or 47(6) of Schedule 6 to EA 2022 (as the case may be);

“ relevant election ” means a parliamentary election in England, Wales, Scotland or Northern Ireland, a local government election in England, an election to the Northern Ireland Assembly or a local election in Northern Ireland.

Section 3 Savings for date of birth lists for ongoing relevant elections in Northern Ireland

The following do not apply in respect of an ongoing relevant election in Northern Ireland—

(a) in Schedule 1 to EA 2022, the amendments made—

(i) by paragraphs 11 and 15(2);

(ii) by paragraph 17(7), so far as it inserts rule 37(1DC)(b);

(iii) by paragraphs 25 and 26;

(b) in Schedule 6 to EA 2022, the amendments made—

(i) by paragraphs 9 and 12(2);

(ii) by paragraph 14(7), so far as it inserts rule 34(5C)(b);

(iii) by paragraphs 19, 20, 39, 42 and 44.

Section 4 Proxy voting offences and restrictions for certain proxy appointments

(1) This paragraph applies to a proxy appointment as a result of an application made on or after 31st October 2023.

(2) Subject to sub-paragraph (3), the following do not apply in respect of the proxy appointment—

(a) section 61(4) of RPA 1983 ;

(b) during the transitional period—

(i) paragraph 12A(4) of Schedule 9 to ELA 1962 ;

(ii) section 8(5) of the Representation of the People Act 1985 ;

(iii) paragraph 3(4) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 ;

(c) paragraph 6(6) of Schedule 4 to the Representation of the People Act 2000 .

(3) The provisions in sub-paragraph (2)(a) and (c) continue to apply in respect of the proxy appointment so far as that appointment relates to local government elections, or a particular local government election, in Scotland or Wales.

(4) The amendments made by paragraphs 2(3) to (5), 6(4) and 7 of Schedule 4 to EA 2022 and paragraphs 26(3) and 28(4) of Schedule 6 to EA 2022 do not apply in respect of a person voting by virtue of the proxy appointment at an ongoing relevant election.

(5) In this paragraph, “ transitional period ” means the period—

(a) beginning with 31st October 2023, and

(b) ending with—

(i) for the purposes of an ongoing relevant election, the day after the day of poll for that ongoing relevant election;

(ii) for all other purposes, 31st January 2024.

Section 5 Questions for proxies at certain parliamentary elections and certain elections to the Northern Ireland Assembly

(1) The amendments made to rule 35 of Schedule 1 to RPA 1983 by paragraph 4 of Schedule 4 to EA 2022 do not apply to a parliamentary election or an election to the Northern Ireland Assembly which is an ongoing relevant election.

(2) In respect of a parliamentary election in England, Wales or Scotland for which the date of poll as specified in the notice of election published in accordance with the relevant rule is on or before 30th January 2024, rule 35 of Schedule 1 to RPA 1983 applies with the modifications set out in sub-paragraphs (4) and (5).

(3) In respect of a parliamentary election in Northern Ireland or an election to the Northern Ireland Assembly for which the date of poll as specified in the notice of election published in accordance with the relevant rule is on or before 30th January 2024, rule 35 of Schedule 1 to RPA 1983 applies with the modifications set out in sub-paragraph (4)(a).

(4) The table after paragraph (1) is to be read as if—

(a) in entry 2, in the column headed “Questions”—

(i) after question (b), there were inserted—

(ba) “Were you appointed as proxy on behalf of CD before 31st October 2023” [R]

(ii) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(b) in entry 3, in the column headed “Questions”—

(i) after question (b), there were inserted—

(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is ( read out the number from the register ) before 31st October 2023?” [R]

(ii) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”.

(5) Paragraph (2) is to be read as if after “3(a), (b)” there were inserted “, (ba)” .

Section 6 Question for proxies at certain local elections in Northern Ireland

(1) The following do not apply to a local election in Northern Ireland which is an ongoing relevant election—

(a) the amendments made to rule 32 of Schedule 5 to ELA 1962 (questions to be put to voters) by paragraph 13(3) of Schedule 6 to EA 2022;

(b) the amendments made to paragraphs 6 and 20 of the Schedule to the Elections Act 2001 (local elections rules: questions to be put to voters) by paragraph 31 of Schedule 6 to EA 2022.

(2) In respect of a local election in Northern Ireland for which the date of poll as specified in the notice of election published in accordance with the relevant rule is on or before 30th January 2024—

(a) rule 32 of Schedule 5 to ELA 1962 applies as if, in paragraph (2), before the first additional question there were inserted—

“Were you appointed as proxy on behalf of C.D. before 31st October 2023?”

and if that question is answered in the affirmative the following question:—

(b) paragraph 20 of the Schedule to the Elections Act 2001 applies as if for “second” there were substituted “third” .

Section 7 Savings for certain proxy appointments at ongoing relevant elections

(1) This paragraph applies where—

(a) a proxy appointment ceases to have effect in accordance with paragraph 8 or 9 of Schedule 4 to EA 2022 or paragraph 32 or 47 of Schedule 6 to EA 2022, and

(b) ignoring the effect of that paragraph, a person would have been entitled by virtue of that appointment to vote as proxy at an ongoing relevant election.

(2) Despite the effect of paragraph 8(2) or 9(2) of Schedule 4 to EA 2022 or paragraph 32(2) or 47(2) of Schedule 6 to EA 2022, the proxy appointment continues to have effect for the purposes of the ongoing relevant election.

Section 8 Transitional provision: postal vote entitlement limit for overseas electors

Until section 14 of EA 2022 (extension of franchise for parliamentary elections: British citizens overseas) comes fully into force, paragraph 3(1B)(a) of Schedule 4 to the Representation of the People Act 2000 is to be read as if for the words from “1 November” to “register” there were substituted “date on which, in accordance with section 2(2)(a) of the Representation of the People Act 1985 , the person’s entitlement to remain registered in that register ends” .

Section 9

(1) Section 30 of EA 2022 does not have effect in relation to an offence which was committed before the day on which that section comes into force.

(2) An amendment made by the following provisions of Schedule 5 to EA 2022 does not have effect in relation to a person reported personally guilty or convicted of a corrupt practice in respect of activity that occurred before the day on which that provision comes into force—

(a) paragraphs 1, 2 and 3;

(b) paragraph 4(2)(a) and (3)(a) and (d);

(c) paragraphs 5, 6 and 7.

(3) The amendment made by paragraph 8 of Schedule 10 to EA 2022 does not have effect in relation to an offence which was committed before the day on which that paragraph comes into force.

(4) Where an offence is found to have been committed or activity found to have occurred—

(a) over a period of two or more days, or

(b) at some time during a period of two or more days,

it is to be taken for the purposes of sub-paragraphs (1) to (3) of this paragraph to have been committed or to have occurred on the last of those days.

Section 10

(1) Subject to sub-paragraph (2), Part 6 of EA 2022 does not apply to pre-existing material.

(2) Where pre-existing material is republished on or after 1st November 2023—

(a) in relation to the first occasion on which the pre-existing material is republished Part 6 of EA 2022 applies as if that material were being published for the first time;

(b) in relation to the second or subsequent occasion on which the pre-existing material is republished Part 6 of EA 2022 applies to that republished material.

(3) For the purposes of this paragraph, “ pre-existing material ” means electronic material published on or before 31st October 2023 which remains published on or after 1st November 2023.