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Representation of the People Act 1983

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Section 53.

SCHEDULE 2U.K. Provisions Which May be Contained in Regulations as to Registration Etc.

1(1)Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly situated in a district [F1, Welsh county or county borough] or London borough.E+W+S

(2)Provisions authorising a registration officer to require persons to give information required for the purpose of his registration duties [F2or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered.]

[F3(3)Provisions authorising a registration officer, where—

(a)he has so required any person registered in one of his registers to give him information, or to make any declaration, for the purpose of enabling him to determine whether the person is entitled to be so registered, and

(b)the person has not within the prescribed period complied with that requirement in a manner which the officer considers satisfactory (or at all),

to remove the person’s [F4entry] from the register.

(4)Provisions authorising a registration officer to inspect, for the purpose of his registration duties, records kept (in whatever form) by—

(a)any local or public authority of any prescribed description, or

(b)any person providing services to, or authorised to exercise any function of, any such authority,

and to make copies of information contained in such records.

F5(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Provisions made under sub-paragraph (4) F6... above shall have effect despite any statutory or other restriction on the disclosure of information.]

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Words in Sch. 2 para. 1(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(18) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F2Words in Sch. 2 para. 1(2) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(1)(2); S.I. 2001/116, art. 2(1)(2)(with 2(4))

F3Sch. 2 para. 1(3)-(5) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(1)(3); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F4Word in Sch. 2 para. 1(3) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(2); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

C1Sch. 2 para. 1(2)-(5) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended 29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

1(1)Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly situated in a district[F1, Welsh county or county borough] or London borough.N.I.

(2)Provisions authorising a registration officer to require persons to give information required for the purpose of his registration duties [F2or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered.]

[F3(3)Provisions authorising a registration officer, where—

(a)he has so required any person registered in one of his registers to give him information, or to make any declaration, for the purpose of enabling him to determine whether the person is entitled to be so registered, and

(b)the person has not within the prescribed period complied with that requirement in a manner which the officer considers satisfactory (or at all),

to remove the person’s name from the register.

(4)Provisions authorising a registration officer to inspect, for the purpose of his registration duties, records kept (in whatever form) by—

(a)any local or public authority of any prescribed description, or

(b)any person providing services to, or authorised to exercise any function of, any such authority,

and to make copies of information contained in such records.

F5(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Provisions made under sub-paragraph (4) F6... above shall have effect despite any statutory or other restriction on the disclosure of information.]

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F1Words in Sch. 2 para. 1(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(18) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F2Words in Sch. 2 para. 1(2) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(1)(2); S.I. 2001/116, art. 2(1)(2)(with 2(4))

F3Sch. 2 para. 1(3)-(5) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(1)(3); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C1Sch. 2 para. 1(2)-(5) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended 29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F81A(1)Provision authorising or requiring a person to disclose information to another person for the purpose of assisting a registration officer F9...—U.K.

(a)to verify information relating to a person who is registered in a register maintained by the officer or who is named in an application for registration in, or alteration of, a register,

(b)to ascertain the names and addresses of people who are not registered but who are entitled to be registered, or

(c)to identify those people who are registered but who are not entitled to be registered.

(2)Provision made under sub-paragraph (1) may authorise or require the person to whom the information is disclosed—

(a)to compare it with other information;

(b)to disclose the results of the comparison to a registration officer for the purpose mentioned in that sub-paragraph.

(3)The provision that may be made under sub-paragraph (1) or (2) includes provision—

(a)conferring other functions on a person;

(b)authorising the Secretary of State to make grants to a person on whom functions are conferred;

(c)authorising a person to disclose or otherwise process information only in accordance with an agreement;

(d)authorising or requiring a person to disclose or otherwise process information only in accordance with requirements imposed by the Secretary of State;

(e)regulating the manner in which information is disclosed;

(f)requiring the retention or disposal, or otherwise regulating the processing, of information disclosed.

(4)Provision made under this paragraph has effect despite any statutory or other restriction on the disclosure of information.

(5)In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.]

Textual Amendments

2U.K. Provisions imposing on registration officers the duty of requiring persons to give information required for the purpose of the officer’s duty under section 3(1) of the M1Juries Act 1974.

Marginal Citations

[F102AU.K.Provisions requiring registration officers to remind persons registered in pursuance of [F11declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered.]]

Textual Amendments

F11Words in Sch. 2 para. 2A substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(4); S.I. 2001/116, art. 2(1), (2) (with art. 2(3)-(5)))

[F122BE+W+SProvisions requiring registration officers to remind persons with anonymous entries in registers of the need to make a fresh application and declaration in order for them to remain so registered.]

Textual Amendments

F12Sch. 2 para. 2B inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(3); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

3U.K. Provisions laying down a timetable for the preparation of the register and other matters, and providing that notices and other documents received by the registration officer out of time may be or shall be disregarded either altogether or for the purposes of a particular register or election.

Modifications etc. (not altering text)

C2Sch. 2 paras. 3 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F133AU.K.Provisions as to the form and contents of applications for registration, including provisions as to any declarations to be made in connection with them.]

Textual Amendments

F13Sch. 2 para. 3A inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 24(5); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C3Sch. 2 para. 3A extended (N.I) (with modifications) by 1989 c. 3, ss. 2, 13(6), Sch. I Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

[F143BE+W+SProvisions as to the form and content of applications for an anonymous entry and declarations to be made in connection with such applications.]

Textual Amendments

F14Sch. 2 para. 3B inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(4); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

Provisions as to the manner in which service declarations, and applications and notices from service voters, are to be transmitted to the registration officer

[F15(2)Provisions as to the manner in which overseas electors’ declarations and applications from persons making such declarations, are to be transmitted to the registration officer.]

Textual Amendments

Modifications etc. (not altering text)

C4Sch. 2 paras. 4 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

5(1)Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person’s service declaration having ceased to be in force.U.K.

[F16(1A)Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.]

[F17(1B)Provisions as to the evidence which shall or may be deemed sufficient or conclusive evidence that a person's safety would be at risk as mentioned in section 9B(10) of this Act.]

(2) Provisions as to the evidence of age or nationality which may be required in connection with a person’s registration otherwise than as a service voter or with his appointment as a proxy.

(3)Provisions requiring any fee payable in connection with the making for the purpose of the regulations of any statutory declaration to be paid by the registration officer.

F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 2 para. 5(1B) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(5); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

[F195A(1)Provision requiring applications under [F20paragraph 3 or 4 of Schedule 4 to the Representation of the People Act 2000 or]section 6 or 7 of the Representation of the People Act 1985 to be attested and limiting the number of such applications that a person may attest.U.K.

(2)Provision requiring a person applying under [F20paragraph 4 of Schedule 4 to the Representation of the People Act 2000 or]section 7 of the Representation of the People Act 1985 to do so in person, producing a document of a prescribed description.

(3)Provision as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, in connection with a person’s application to vote by proxy or to vote by post as elector or as proxy.

(4)Provision authorising or requiring registration officers—

(a)to make inquiries of persons included in the record kept under [F20paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 or]section 6(3) of the Representation of the People Act 1985 for the purpose of determining whether there has been a material change of circumstances; and

(b)to treat failure to respond to such inquiries as sufficient evidence of such a change.]

Textual Amendments

F20Words in Sch. 2 para. 5A(1)(2)(4) inserted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 11(2); S.I. 2001/116, art. 2(1)(2) (with ss. 2(4))

Modifications etc. (not altering text)

C6Sch. 2 para. 5A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

6U.K. Provisions as to the cases in which [F21an application] or objection may be determined by the registration officer without a hearing, and as to a person’s right in any such cases to make written representations to him.

Textual Amendments

F21Words in Sch. 2 para. 6 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 15, Sch. 1 para. 24(6); S.I. 2001/116, art. 2(1)(2) (with s. 2(4))

Modifications etc. (not altering text)

C8Sch. 2 para. 6 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

7U.K. Provisions authorising a registration officer to require any person’s evidence at a hearing before him to be given on oath and to administer oaths for the purpose.

Modifications etc. (not altering text)

C9Sch. 2 paras. 7 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001 for certain purposes and otherwise 14.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

[F228U.K.Provisions requiring the registration officer to prepare a special list of those persons entitled to be registered whose addresses are not required to be shown [F23in the register] or of any class of such persons, showing the addresses of the person concerned.]

Textual Amendments

F23Words in Sch. 2 para. 6 substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 1 para. 24(7); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C10Sch. 2 paras. 8 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(3)(4)))

[F248AE+W+SProvisions requiring the registration officer to prepare a record of those persons with anonymous entries in the register showing, in relation to each such person, such information as is prescribed.]

Textual Amendments

F24Sch. 2 para. 8A inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(6); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

[F258C(1)Provision requiring the retention or disposal, or otherwise regulating the processing, of—U.K.

(a)information provided in an application under section 10ZC or 10ZD;

(b)information provided to a person in accordance with a requirement imposed by a registration officer F26... under provision made by virtue of paragraph 1(2);

(c)information provided to a person by virtue of provision made under paragraph 3ZA.

(2)In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.]

Textual Amendments

F279U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F2810(1)Provisions requiring a registration officer to prepare, in addition to the version of the register which he is required to prepare by virtue of the other provisions of this Act (“the full register”), a version of the register which omits the names and addresses of registered electors by or on behalf of whom requests have been made to have their names and addresses excluded from that version of it (“the edited register”).U.K.

[F29(1A)The edited version shall also omit anonymous entries.]

(2)Provisions specifying a form of words to be used by a registration officer for the purpose of—

(a)explaining to persons registered or applying to be registered, or persons acting on behalf of such persons, the purposes for which the full register and the edited register may each be used, and

(b)ascertaining whether the exclusion of their names and addresses from the edited register is requested by or on behalf of such persons.]

Textual Amendments

F28Sch. 2 paras. 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

F29Sch. 2 para. 10(1A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 15(7); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

C11Sch. 2 para. 10 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

[F3010AU.K.Provisions requiring copies of the full register and other documents, or prescribed parts of them, to be available for inspection by the public at such places as may be prescribed.]

Textual Amendments

F30Sch. 2 paras. 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C12Sch. 2 para. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42) (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(3)-(5)))

[F3110B(1)Provisions authorising or requiring a registration officer—U.K.

(a)to supply to such persons as may be prescribed copies of the full register and other documents, or prescribed parts of them, whether free of charge or on payment of a prescribed fee;

(b)to supply to any persons copies of the edited register, or any prescribed part of it, on payment of a prescribed fee.

(2)Provisions specifying, in relation to any description of persons prescribed by regulations made in pursuance of sub-paragraph (1)(a) above, the purposes for which copies supplied to such persons under such regulations, or information contained in them, may be used whether by such persons or by employees or other persons authorised by them in accordance with regulations to have access to such copies or information contained in them.

(3)Without prejudice to the generality of sub-paragraph (1) above or paragraph 11A below, regulations made in pursuance of sub-paragraph (1) may contain any such provisions as are authorised by paragraph 11A.]

Textual Amendments

F31Sch. 2 paras 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C13Sch. 2 para. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act (c. 3, SIF 42) (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(3)(4)))

[F3211(1)Provisions imposing prohibitions or restrictions relating to the extent (if any) to which—U.K.

(a)persons inspecting the full register in accordance with regulations made in pursuance of paragraph 10A above may make copies of the register;

(b)persons to whom copies of the full register are supplied (whether in accordance with regulations made in pursuance of paragraph 10B above or in accordance with any other provision made by or under an Act) may—

(i)supply those copies, or otherwise disclose any information contained in them, to other persons, or

(ii)make use of any such information otherwise than for any purposes specified in such regulations or (as the case may be) for which the copies have been supplied in accordance with any such provision.

(2)Provisions imposing, in relation to persons—

(a)to whom copies of the full register have been supplied, or information contained in such copies has been disclosed, in accordance with regulations made in pursuance of this paragraph, or

(b)who otherwise have access to such copies or information,

prohibitions or restrictions corresponding to those which may be imposed by virtue of sub-paragraph (1) above.

(3)Provisions imposing, in relation to persons involved in the preparation of the full register, prohibitions with respect to supplying copies of the full register and disclosing information contained in it.

(4)In this paragraph any reference to the full register includes a reference to any part of it.]

Textual Amendments

F32Sch. 2 paras. 10, 10A, 10B, 11 substituted (16.2.2001) for Sch. 2 paras. 10, 11 by 2000 c. 2, s. 9; S.I. 2001/116, art. 2(1) (with art. 2(3)(4))

Modifications etc. (not altering text)

C14Sch. 2 para. 11 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (C. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I, (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1) (with art. 2(4)))

[F3311A(1)Provisions authorising or requiring registration officers who are data users to supply data, or documents containing information extracted from data and in such form as may be prescribed, to such persons as may be prescribed on payment of a prescribed fee.U.K.

F34(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In this paragraph [F35data controller] and “data” have the same meanings as in section 1 of the Data Protection Act 1984.]

Subordinate Legislation Made

P1Sch. 2 para. 11A: s. 53 (with s. 201(1), Sch. 1 rule 37(1F) and Sch. 2 para. 11A) power exercised (N.I.) by S.I. 1991/1674.

P2Sch. 2 para. 11A: for previous exercises of this power, see Index of Government Orders.

Textual Amendments

F35Words in Sch. 2 para. 11A(2) substituted (1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 7; S.I. 2000/183 art. 2(1)

Modifications etc. (not altering text)

C15Sch. 2 para. 11A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

12U.K. Provisions as to [F36the arrangements to be made in relation to the issue and receipt of, and for subsequently dealing with, ballot papers for postal voting, including provisions—

(a)authorising replacement ballot papers to be issued in any prescribed circumstances;

[F37(aa)authorising the cancellation or removal of ballot papers in any prescribed circumstances;]

(b)as to the proceedings in connection with the issue and receipt of ballot papers and, in particular—

(i)the persons who are to be entitled, or may be allowed, to attend, and

(ii)the rights and obligations of persons attending;

(c)]as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.

Textual Amendments

F36Sch. 2 para. 12(a)-(c) and preceding words and subsequent “(c)” substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) for words in Sch. 2 para. 12 by 2000 c. 2, s. 15, Sch. 6 para. 11(3); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F37Sch. 2 para. 12(aa) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 94 (with Sch. 2 para. 96); S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

[F3812ASRegulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;]

Textual Amendments

13(1)Provisions [F39making it an offence (punishable on summary conviction by a fine not exceeding level 3 on the standard scale) for a person—]U.K.

(a)[F40to have] failed to comply with, or given false information in pursuance of, any such requisition of the registration officer as is mentioned in paragraph 1 or paragrapn 2 above.

(b)[F40to have], without lawful authority, destroyed, mutilated, defaced or removed any notice published by the registration officer in connection with his registration duties, or any copies of a document which have been made available for inspection in pursuance of those duties.

F41(1ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42(1ZB)Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made under paragraph 1A(3)(e) or (f) or 8C.

(1ZC)Provision made under sub-paragraph (1ZB) creating an offence may not—

(a)provide for the offence to be punishable on conviction on indictment by imprisonment for a term exceeding two years;

(b)provide for the offence to be punishable on summary conviction by imprisonment for a term exceeding the relevant maximum;

(c)provide for the offence to be punishable on summary conviction by a fine exceeding the statutory maximum or level 5 on the standard scale (as appropriate).

(1ZD)In sub-paragraph (1ZC)(b) “the relevant maximum”—

(a)in relation to an offence triable either on indictment or summarily, means—

(i)in England and Wales or Scotland, 12 months, and

(ii)in Northern Ireland, 6 months;

(b)in relation to an offence triable only summarily, means—

(i)in England and Wales, 51 weeks, and

(ii)in Scotland or Northern Ireland, 6 months.]

[F43(1A)Provisions making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale)—

(a)for a person to contravene any regulations made in pursuance of paragraph 11 above or to do so in any prescribed circumstances, or

(b)where such a contravention has occurred on the part of a person in the employment, or otherwise under the direction or control, of a company or other organisation, for—

(i)a director of the company, or

(ii)a person concerned with the management of the organisation,

to have failed to take such steps as it was reasonable for him to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of such contraventions on the part of such persons.]

(2)Any other provisions incidental or supplemental to those mentioned in the foregoing paragraphs of this Schedule.

Textual Amendments

F39Words in Sch. 2 para 13 substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 11(4); S.I. 2001/116, art. 2(1)(2), (with art. 2(3)-(5))

F40Words in Sch. 2 para. 13(1) substituted (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 11(4)(b); S.I. 2000/116, art. 2(1)(2) (with art. 2(3)(4))

F43Sch. 2 para. 13(1A) inserted (16.2.2001) by 2000 c. 2, s. 9(3); S.I. 2001/116, art. 2(1)(2) (with art. 2(3)(4))

Modifications etc. (not altering text)

C16Sch. 2 para. 13 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I, (as amended (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(6); S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

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