Political Parties and Elections Act 2009

32Report by Electoral Commission on provision of identifying information

(1)The Electoral Commission must keep under review the operation of section 30 and any supplementary regulations.

(2)In each calendar year beginning with the year after that in which the duties under that section first arise, the Commission must—

(a)submit to the Secretary of State a report on the operation of that section and any supplementary regulations, and

(b)publish the report in whatever way the Commission think appropriate.

(3)A report under this section must contain an assessment by the Commission—

(a)as to the adequacy of the electoral registration system in Great Britain, with particular reference to the effectiveness of registration officers in meeting the registration objectives;

(b)as to what (if any) changes with regard to that system would be necessary or desirable for meeting those objectives if the provision of identifying information was made obligatory.

(4)The report for 2014 must contain (as well as the assessment mentioned in subsection (3))—

(a)the Commission’s assessment, on the basis of the available evidence (including in particular evidence as to the operation of section 30 and any supplementary regulations), as to whether it would help or hinder the achievement of the registration objectives to make the provision of identifying information obligatory;

(b)the Commission’s recommendation as to whether or not the provision of identifying information should be made obligatory.

(5)The report for 2014 must be—

(a)submitted to the Secretary of State by 31 July in that year, and

(b)laid before Parliament as soon as possible by the Secretary of State.

(6)If—

(a)the recommendation in the report for 2014 is that the provision of identifying information should be made obligatory, and

(b)the recommendation is approved by a resolution of each House of Parliament,

the Secretary of State must as soon as reasonably practicable make an order under section 43(1) bringing section 33 into force.

The Secretary of State may not make such an order if those conditions are not met.

(7)If—

(a)the report for 2014 does not contain a recommendation that the provision of identifying information should be made obligatory, or

(b)the report does contain such a recommendation, but it is not approved by a resolution of each House of Parliament,

within 12 months after the day on which the report is submitted by the Electoral Commission (in the case mentioned in paragraph (a)) or disapproved in Parliament (in the case mentioned in paragraph (b)), the Secretary of State must require the Commission to submit, by a specified date, a further report under this section containing the things mentioned in subsection (4).

(8)For the purposes of subsection (7)—

(a)a report is disapproved in Parliament when either House decides against resolving to approve the report (or, if both Houses so decide on different days, when the first of them so decides);

(b)the date specified by the Secretary of State must be at least one year, but no more than two years, after the day on which the requirement under that subsection is imposed.

(9)Subsections (5)(b) and (6) to (8) apply to a report submitted in response to a requirement under subsection (7) as they apply to the report for 2014.

(10)A registration officer must comply with any request made in writing by the Electoral Commission for assistance that they reasonably require in connection with the preparation of a report under this section.

(11)In this section—

• “identifying information” has the same meaning as in section 30;

• “obligatory” means obligatory for every person registered in a register;

• “supplementary regulations” means regulations under section 31 made by virtue of subsection (1)(c) of that section.