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The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023
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Changes and effects yet to be applied to Regulation 7:
- reg. 7 coming into force by S.I. 2023/1150 reg. 1(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 11(3) inserted by S.I. 2023/1406 reg. 16(3)
- reg. 12(5) inserted by S.I. 2023/1406 reg. 16(4)
- reg. 13(4) inserted by S.I. 2023/1406 reg. 16(5)
- reg. 20(3) inserted by S.I. 2023/1406 reg. 16(6)
Prospective
Procedure for reviewing entitlement to registration – correspondence-based review E+W
This section has no associated Explanatory Memorandum
7.—(1) Subject to paragraph (2), where a registration officer is not satisfied following a review under regulation 6 that a relevant person continues to satisfy the registration criteria, the registration officer must—
(a)give notice to that person containing information specified at paragraph (3) (a “first review notice”), and
(b)enter the review in the list kept pursuant to regulation 31E of the 2001 Regulations.
(2) Where the relevant person is registered pursuant to—
(a)a declaration of local connection under section 7B of the 1983 Act,
(b)an application for anonymous entry under section 9B of the 1983 Act, or
(c)a service declaration,
and the date on which the relevant person’s entitlement to remain registered under (as the case may be) section 7C, 9C or 15 of the 1983 Act(1) expires is before the end of 31st January 2025, paragraph (1) is to be read as if for “must” there were substituted “may”.
(3) A first review notice must—
(a)explain that the criteria under section 4 of the 1983 Act by which a citizen of a member State is eligible to be registered in the register of local government electors have changed,
(b)state that the registration officer is not certain that the relevant person remains entitled to be registered, and the grounds for the registration officer’s opinion,
(c)require that the relevant person provide such further information as specified in the notice relating to whether that person meets the registration criteria,
(d)provide information on how the relevant person may respond to the request for information, and
(e)state that it is an offence to provide false information to the registration officer, and the maximum penalty for that offence.
(4) Paragraph (5) applies where—
(a)the registration officer sends a first review notice to a relevant person, and
(b)that person does not respond within a reasonable time from the date on which that notice is sent.
(5) Where this paragraph applies, the registration officer must give a further notice to the relevant person, setting out the same information as at paragraph (3) (a “second review notice”).
(6) Subject to paragraph (7), a first or second review notice may be given to a relevant person either—
(a)by sending it to the person’s address, or
(b)by electronic means.
(7) Where the first review notice was given to a relevant person by electronic means, the second review notice must be sent to the person’s address.
(8) The registration officer may contact the relevant person, either by telephone or by visiting the address to which a first or second review notice was delivered, to—
(a)obtain information requested in the notice, or
(b)encourage the relevant person to provide the information requested.
Commencement Information
I1Reg. 7 in force at 7.5.2024, see reg. 1(2)
(1)
Section 7C was inserted by section 6 of the Representation of the People Act 2000 (c. 2) and amended by section 14 of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), by section 12 of the Electoral Administration Act 2006 (c. 22), and by paragraph 4 of Schedule 4 to the Electoral Registration and Administration Act 2013 (c. 6). Section 9C was inserted by section 10(1) of the Electoral Administration Act 2006 and amended by paragraph 8 of Schedule 4 to the Electoral Registration and Administration Act 2013. Section 15 was amended by paragraph 8 of Schedule 1 to the Representation of the People Act 2000; by sections 12(7) and 13(1) of the Electoral Administration Act 2006; by paragraph 15 of Schedule 4 to the Electoral Registration and Administration Act 2013; by section 20(3) of the Senedd and Elections (Wales) Act 2020 (anaw 1), by paragraph 1(4) of Schedule 8 to the Elections Act 2022 (c. 37) and by S.I. 1995/1948.
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