Representation of the People Bill — Explanatory Notes: Bill 384 EN 2024-26
Parliament bill publication: Explanatory Notes. Commons.
Bill 384-EN 59/1
REPRESENTATION OF THE PEOPLE BILL
EXPLANATORY NOTES
What these notes do
These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of
Commons on 12 February 2026 Bill 384.
● These Explanatory Notes have been prepared by the Ministry of Housing, Communities and
Local Government in order to assist the reader of the Bill. They do not form part of the Bill
and have not been endorsed by Parliament.
● These Explanatory Notes explain what each part of the Bill will mean in practice; provide
background on the development of policy; and provide additional information on how the
Bill will affect existing legislation in this area.
● These Explanatory Notes might best be read alongside the Bill. They are not, and are not
intended to be, a comprehensive description of the Bill.
1
These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
Table of Contents
Subject Page of these Notes
Overview of the Bill 2
Policy background 3
Votes at 16 3
Registration of Voters 4
Conduct of elections 7
Campaigning and political finance 12
Enforcement and the Electoral Commission 15
Harassment and intimidation of candidates 16
Legal background 17
Territorial extent and application 22
Commentary on provisions of Bill 24
Part 1: Young Voters 24
Part 2: Registration of voters 43
Part 3: Conduct of elections etc 63
Part 4: Campaigns and political expenditure 83
Part 5: Enforcement and the Electoral Commission 94
Part 6: Hostility towards candidates etc: disqualification orders and sentencing 100
Part 7: General 102
Commencement 103
Financial implications of the Bill 103
Parliamentary approval for financial costs or for charges imposed 104
Compatibility with the European Convention on Human Rights 105
Environmental Law 105
NI trade statements of divergence 105
Related documents 105
Annex A - Territorial extent and application in the United Kingdom 107
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
Overview of the Bill
1 This Bill amends existing electoral law and makes new electoral law provisions which aim to
ensure that UK elections remain secure and protected against interference.
2 The Bill will allow the Government to meet its commitments to improve voter registration,
address the inconsistencies in voter ID rules that prevent legitimate voters from voting, give 16-
and 17-year-olds the right to vote in all elections, and to protect democracy by strengthening the
rules around donations to political parties. The Bill also aims to deliver on several
recommendations from the 2024 strategic review of electoral registration as outlined in the
Government’s report Restoring Trust in our Democracy: our strategy for modern and secure elections.
3 The Bill is in 7 parts and 11 Schedules:
a. Part 1 will lower the voting age to 16. This includes provisions for pre-registration
from age 14, mechanisms to enable identity verification of young people, and
safeguards to protect their data.
b. Part 2 relates to electoral registration, including improving voter registration. This
includes powers to test new approaches, including direct registration i.e. registration
without the citizen having to make an application, with changes expected after testing
has taken place. Part 2 also contains measures around modernising the Northern
Ireland canvass, extending the length of the period for which a person can be
registered anonymously, and removing the presumption that citizens will be added to
the open register unless they opt out. Instead, they will not be added unless they
actively opt in.
c. Part 3 relates to the conduct of elections, and contains measures to address critical
delivery risks and administrative barriers identified in partnership with the elections
sector through the recent review of electoral law (registration and conduct). This
includes application submission deadlines within the electoral timeline, and
responsibilities of Electoral Registration Officers among others. Part 3 also expands
the list of acceptable voter ID for use by electors or their proxies voting in person at
parliamentary elections held in Great Britain to include bank cards issued by UK
authorised card issuers which show the voter’s name.
d. Part 4 contains a package of measures on party finance. This includes risk-based due
diligence guidance for political parties, restricting company donations to companies
that have adequate connection to the UK or Ireland (for donations to Northern Ireland
parties), and the introduction of stronger requirements for unincorporated
associations (“UAs”). Part 4 also amends digital campaigning rules, including by
applying digital imprint rules to organic material promoted by third party
campaigners who are not recognised and are not individuals, and disapplying
ministerial and parliamentary approval procedures for minor corrective changes to
digital imprint guidance.
e. Part 5 extends the role and powers of the Electoral Commission (“EC”) to give the EC
responsibility for enforcing candidate, local third party and recall petition campaigner
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
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offences, as well as all imprint offences. It also: makes provision to re-classify criminal
offences in PPERA that relate to administrative requirements so that they are
punishable only through civil sanctions imposed by the EC, allowing the police to
focus on serious breaches; provides the EC with explicit powers to share information
with other regulators and enforcement bodies; and makes amendments
supplementary to proposals to increase the EC’s maximum fine.
f. Part 6 comprises measures to address harassment and intimidation experienced by
candidates during election campaigns. It will extend the remit of the existing
disqualification order to apply to offenders of intimidatory offences against electoral
staff (as well as candidates and campaigners). It also gives courts the power to treat
hostility towards candidates, campaigners, electoral staff etc, as an aggravating factor
for any offences linked to intimidation in an electoral context. It also ensures
candidates’ home addresses are not published as far as possible, reducing the gap
relating to those candidates who act as their own election agent.
g. Part 7 sets out general provisions, including power to make consequential provision,
financial provision, territorial extent and commencement.
Policy background
Votes at 16
4 The age at which an eligible citizen can vote in reserved polls has stood at 18 since it was
lowered from 21 by the Representation of the People Act 1969. More recently, the Scottish
Government lowered the voting age to 16 for the Scottish Independence Referendum in 2014,
and then for all devolved elections in Scotland in the Scottish Elections (Reduction of Voting
Age) Act 2015 (“SE(RVA)A 2015”). Similarly, the Welsh Government lowered the voting age to
16 for all devolved elections in Wales via the Senedd and Elections (Wales) Act 2020 (“SE(W)A
2020”).
5 In line with the Government Policy Paper, Restoring trust in our democracy: Our strategy for modern
and secure elections, these legislative amendments will lower the voting age to 16 for UK
parliamentary elections, local elections and referendums in England and Northern Ireland,
Northern Ireland Assembly elections, and Police and Crime Commissioner (“PCC”) elections in
England and Wales. This will bring consistency to the voting age for all statutory elections across
the UK.
6 As a consequence of lowering the voting age, the age at which an eligible individual is entitled
to register in advance of attaining voting age is also being reduced. This cohort have previously
been described as “attainers”, as they are listed in the electoral register alongside the date on
which they will attain the right to vote. Currently, an attainer is someone who turns 18 by the
end of the twelve months following the first December after they make an application to register.
This will be amended so that anyone will be entitled to register to vote from the date of their
14th birthday.
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
7 Alongside the provisions to lower the voting age, the Bill includes legislative amendments to
update processes that affect special category electors, such as service voters and those without a
permanent residence. The Bill extends existing Declaration of Local Connection provisions to
encompass young people who are in the care of Local Authorities, enabling such individuals to
register to vote at an address to which they have a previous connection. The Bill also introduces
a new duty on local authorities (in Great Britain) and Health and Social Care Trusts (in Northern
Ireland) to raise awareness of the right to vote and provide assistance to children in their care to
register to vote.
8 Additional provisions will extend the entitlement to apply to register to vote in respect of a
service declaration to the children of members of the armed forces, crown servants or British
Council employees residing overseas. These provisions will entitle such an individual to rely
upon their parent or guardian’s status until their 19th birthday.
9 The Bill also introduces new requirements to protect the data of registered individuals under the
age of 16. It will make provision to ensure that no individual under the age of 16 will appear on
the open, or edited, electoral register. Furthermore, it ensures that individuals under the age of
16 will not appear on any published version of full electoral register, except in extremely limited
circumstances such as to enable them to participate in elections on their 16th birthday.
10 No individual under the age of 16 will be eligible to make political donation even if they are on
the electoral register before the age of 16.
11 The Bill will also ensure that anyone under the age of 18 who has already registered to vote as a
local government elector in Scotland and Wales and would become eligible to vote in UK
parliamentary and other reserved elections after the franchise change takes effect will not need
to register for a second time.
Registration of Voters
Improving Voter Registration
12 In 2023, the EC reported that an estimated 7 - 8 million eligible citizens are either incorrectly
registered or not registered at all. These legislative amendments are intended to provide a basis
for addressing this registration gap, by taking steps towards improving the completeness and
accuracy of electoral registers. This will be achieved by harnessing data, moving towards a more
automated registration system, and providing for the piloting of innovative registration
approaches.
13 Currently, a person must make an application to be added to an electoral register. This can be
done via a paper application or through the “Register to Vote” platform on GOV.UK. This
allows for identity verification to be carried out and for an Electoral Registration Officer to assess
eligibility. In some cases, the application process may include further engagement with an
Electoral Registration Officer if identity and eligibility cannot be established through the
application itself. Some countries, including Wales, have implemented or are trialling a system
of “registration without application”. This Bill provides for a similar approach for UK electoral
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
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registers. This will place a duty on Electoral Registration Officers to notify eligible, but
unregistered citizens, that they will be added to the electoral register after a notice period. The
citizen will have the right to opt out of this process and register by application if they choose to
do so. More detail about the contents of the notice will be set out in secondary legislation,
although it will be a requirement for the Electoral Registration Officer to inform the citizen of
their right to register as an anonymous elector, service voter, overseas elector, or as a voter with
a declaration of local connection. The Bill also includes a provision which enables a similar
process for updating an existing elector's name or address on an electoral register without an
application being made.
14 Existing provisions in electoral law allow for pilots to be run on specific matters including, for
example, the annual canvass. This Bill will introduce a power to make regulations to allow for
pilots to be carried out which relate to a wider range of electoral registration matters. This power
could be used to test innovative approaches to registration, including more automated
approaches as technology and data use develops. Any pilots run using this power will be subject
to review by the EC to understand how effective they are and to identify any unintended
consequences. This power could be used to pilot the registration and alterations without
application provisions in this Bill before they are brought into effect.
15 Electoral Registration Officers can already inspect local authority information and records which
would support their duty to maintain their electoral registers. However, the existing wording of
this provision has created a barrier for some Electoral Registration Officers because local
authorities interpret the extent of access they can provide in different ways. The changes
proposed in this Bill amend an existing power to clarify that Electoral Registration Officers
should be able to access, from the relevant local authority, information which would allow them
to carry out their duties.
16 Electoral Registration Officers have limited access to information to identify eligible but
unregistered citizens, or those registered incorrectly, despite existing powers for the Secretary of
State to make regulations about sharing data to support EROs in their duties. A new power in
the Bill will provide for further regulations to allow for data acquisition from any person or
body, including but not limited to other government departments and public bodies, for
electoral registration purposes. It is expected that, following agreements with other
departments, the regulations would set out specific data matching or acquisition processes.
Northern Ireland Canvass
17 The existing canvass regime in Northern Ireland requires that the register be recreated from
scratch every 10 years and specifies that electors must re-register as part of the canvass to remain
on the register. The current law means that electors who do not respond to canvass should be
removed from the register, even where the Chief Electoral Officer for Northern Ireland
(“CEONI”) holds data to confirm that they remain eligible. This creates the risk that a significant
number of eligible electors will be lost from the register, impacting its integrity. The CEONI and
the EC deem the current canvass system unfit for purpose.
18 The Government intends to use powers in the Bill to modernise and reform the canvass system
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
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in Northern Ireland, allowing for the CEONI to retain those electors that they are satisfied are
still resident where registered, avoiding the arbitrary removal of large numbers of voters and
protecting the integrity of the register. This will support participation in elections in Northern
Ireland as well as bringing Northern Ireland into closer alignment with Great Britain.
Northern Ireland: Late Registration
19 The current late registration requirements in Northern Ireland require that additional
documentary evidence to support an application must be provided by anyone trying to register
just before an election, even if the routine data checks carried out by the CEONI provide a clear
address and identity match. Unless those provisions are repealed, they are likely to be a
particular barrier to younger electors, who have fewer forms of documentary evidence than
those over 18. The Bill will amend these requirements so that the CEONI will only ask for
additional supporting documentation if the routine data checks do not provide a clear address
and identity match.
Northern Ireland: electoral identity card, month and year of birth
20 The Bill seeks to address concerns that the Electoral Office for Northern Ireland (“EONI”) is,
from limited budgets designed for electoral delivery, issuing cards to individuals who never
intend to use them to vote. Third party organisations are using the card, as a primary piece of
documentary evidence, to support identity for people applying for goods and services. This is
not the primary purpose of this document.
21 To prevent misuse of electoral identity cards and alleviate some resource pressure on EONI, the
Bill will allow EONI to produce a card that is sufficient to meet a narrow electoral requirement,
by including on new cards the month and year of birth only, not the day. This would still be a
sufficient check for electoral purposes i.e. the intended purpose of the electoral identity card, but
would make it less likely to be accepted as a form of ID in other scenarios.
Open register
22 Currently, when registering to vote, applicants are asked if they want to opt-out of their
inclusion on the open register. Best practice guidance from the Information Commissioner's
Office strongly advises that opt-in mechanisms should be used instead of opt-out mechanisms to
gain consent for data processing. As the UK moves towards more automated forms of
registration, the Government recognises the need to improve the way in which people give their
consent to being included on the open register. This Bill will ensure those registering to vote will
instead be asked if they wish to opt-in to the open register.
Anonymous electors
23 When registering to vote some applicants may be eligible to register anonymously due to their
personal circumstances. In practice this results in the elector’s personal details being omitted
from their entry on the register, usually with only a very small number of electoral
administrators having access to those personal details. To register anonymously, applicants
must satisfy a safety test: “the safety of the applicant for an anonymous entry or that of any other person
of the same household would be at risk if the register contains the name of the applicant or their qualifying
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
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address”.
24 To satisfy this test, applicants must either provide one of a specified series of pieces of
supporting evidence (e.g. a ”protection from harassment” order from a court), or an attestation
from an individual from a specified list of professional positions.
25 Currently a period of anonymous registration can last for up to one year and the relevant elector
must then make a further application prior to the end of that period if they wish to remain
registered anonymously. The Government believes that this requirement places a
disproportionate burden on both applicants and administrators. To address this, this Bill
increases the length for which a period of anonymous registration can last from one year to three
years. This change applies only to anonymous elector registered in Great Britain. Anonymous
registration periods in Northern Ireland already last longer.
26 Many anonymous electors will choose to apply to vote by post, as many are in circumstances
that make it more difficult to attend a polling station in person. Electors who have a postal vote
for elections are required to make a new application every three years to retain their postal
voting entitlement. Extending the length of time that an elector can be anonymously registered
to three years will allow for the opportunity for these voting arrangements to be more closely
aligned.
27 This Bill also ensures that an anonymous elector’s electoral number is, as far as possible, kept the
same for the duration of their registration by removing the requirement for the elector number
of anonymous electors to run consecutively within the register.
Conduct of elections
Returning officers
28 The successful delivery of elections is essential to democracy, and the Government recognises
the need for Returning Officers to have access to the resources required to deliver electoral
events effectively. However, the legislative framework governing the use of local authority
resources at UK Parliamentary elections is inconsistent across Great Britain. While legislation in
Scotland explicitly requires local authorities to place staff at the disposal of the Returning
Officer, the same is not explicitly cited for UK parliamentary elections in England and Wales.
This has led to differing practice and a lack of clarity about whether local authority staff can be
called upon by the Returning Officer for the delivery of elections.
29 To address this, the Bill introduces a measure to amend section 24 of the Representation of the
People Act 1983 (“RPA 1983) to mirror the provision on the use of local authority resources in
section 25(2), ensuring that local authorities across Great Britain are required to make staff
available to the Returning Officer for the purpose of delivering UK Parliamentary elections. This
measure aims to increase clarity and consistency across the UK. It puts existing practice and
expectations for other centrally funded polls such as PCC elections on a legislative footing. The
Bill will provide Returning Officers with a statutory basis for accessing staff support, with the
aim of ensuring elections are delivered efficiently, consistently, and with the necessary
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operational resilience.
30 The Bill also introduces a requirement that the Returning Officer role be held by a sufficiently
senior officer of the local authority, such as the Chief Executive or a statutory officer. These
measures are intended to uphold the integrity of elections and responds to concerns about
resilience and accountability in electoral delivery. In some instances, the role of Returning
Officer has been held by less senior staff who lacked the authority to mobilise wider council
resources when issues arose and were more susceptible to pressure from candidates and
political parties. This has raised concerns about operational effectiveness. This measure aims to
ensure that the Returning Officer has sufficient authority to command the use of council
resources and, where necessary, to lead a whole-council approach to delivering elections,
particularly in the event of disruption or challenge.
Improving candidate nominations
31 This Bill makes changes to the hours during which Returning Officers can accept nominations
for candidates at UK parliamentary elections and at local elections in Northern Ireland,
increasing the time available for political parties and prospective candidates to submit their
nominations. However, the final deadline will be moved earlier to allow ballot papers to be
printed earlier.
32 Under existing legislation, candidates at UK Parliamentary and other elections are not required
to show evidence of their identity when standing for election, unlike electors voting in person at
a polling station. The Speaker’s Conference on the security of candidates, MPs and elections
recommended in its First Report (HC 570) that a requirement for candidates to produce ID
should be introduced, along with stronger nomination requirements to protect elections from
candidates seeking to mislead the electorate or undermine the integrity of the democratic
process.
33 To address these issues, measures in the Bill will require candidates at parliamentary elections
and local elections in Northern Ireland to include, with their nomination papers, documentary
evidence of their identity. The types of documents that may be submitted by candidates as
evidence of their identity will be set out in regulations made by the Secretary of State, and it is
expected that these will include a passport or driving licence. The Returning Officer would be
able to deem a nomination to be invalid where there is a discrepancy between the candidate’s
full names as stated on the nomination paper and the candidate’s name as stated in the
submitted ID that cannot be resolved to the Returning Officer’s satisfaction. The Returning
Officer would be able to reject a nomination where the documents submitted as ID by, or on
behalf of, the candidate leads them to doubt that the candidate is who they claim to be.
34 The Bill also includes a measure that requires candidates at those elections to make a new
statutory declaration in writing - “declaration of truth” - confirming they understand it is an
offence to provide false information on nomination papers and that their nomination papers do
not contain any false statement or information.
35 The Bill includes further measures designed to improve the nominations process and to enhance
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
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the security of candidates. The Bill will enable political parties to withdraw support for
candidates standing for them at parliamentary elections and at local elections in Northern
Ireland who have already submitted their nomination papers to the Returning Officer prior to
the close of nominations. Upon such a request being made by the party to the Returning Officer,
the candidate’s nomination would be cancelled and the candidate’s name would not appear on
the ballot paper for the party. This is not currently possible and will enable parties to take
appropriate action where concerns about a candidate arise during the nomination period. It
would still be possible for the candidate to resubmit nomination papers to stand, for another
party or as an independent candidate, by the close of nominations. The party would be able to
nominate a new candidate to stand in place of the original candidate.
36 The Bill also makes provision for candidates at parliamentary elections in Great Britain to
optionally complete and return an additional form with their nomination papers that will
capture their contact details. The Returning Officer will send the contact details to the relevant
local police force (or forces) so they can contact the candidate to invite them to security briefings
for the election.
Expanding IDs accepted at the polling station
37 The Elections Act 2022 (“EA 2022”) introduced the requirement to show photographic ID when
voting in person in non-devolved UK elections or referendums held in Great Britain. At the 2024
UK General Election a small but significant number (0.25%, approximately 50,000) of people
who tried to vote at a polling station were initially turned away because they did not have an
accepted form of identification. Of those, approximately 16,000 people across Great Britain
(0.08% of people who tried to vote at a polling station) did not return to vote. Evidence
consistently shows that at least 2% of people in Great Britain do not hold a form of ID on the
current list.
38 The Bill amends the current requirements at UK parliamentary elections held in Great Britain to
allow the use of non-photographic ID in the form of UK authorised bank cards, providing the
bank card displays the elector’s or proxy’s name. Adding UK authorised bank cards to the list of
ID accepted at the polling station ensures that elections are made more accessible for voters
disproportionately impacted by the policy if they are less likely to hold currently accepted ID,
such as younger electors or those with disabilities. This change will not apply in Northern
Ireland, which has separate requirements regarding voter ID.
39 There is longstanding precedent of the use of bank cards as identification. Desk research on the
ownership of bank cards, drawing on various online sources such as the World Bank and the
Financial Conduct Authority (“FCA”), indicates that over 96% of the UK population is in
possession of a bank account with the assumption that the majority of bank account holders are
therefore likely to have a bank card. This research also shows that bank account ownership has
been increasing over the last decade. This change is expected to allow a far greater proportion of
legitimate electors to easily meet the voter identification requirements.
40 Current voter ID legislation stipulates that ID accepted at the polling station at a UK
parliamentary election held in Great Britain must be an original document; it does not specify
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
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that it must be a physical document. As documents already on the accepted list become available
in digital form, these too will be accepted at polling stations. The digital Veteran Card was
launched in October 2025 and the digital driving licence is planned to be introduced by the end
of 2026. The Government recognises, however, that polling station staff must be able to quickly
and easily satisfy themselves that they are looking at an original document, and the Bill clarifies
that digital IDs accepted at the polling station must be verifiable via a visual check.
Northern Ireland: Calling out elector’s details
41 The current “calling out” law in Northern Ireland requires poll clerks to shout out the name and
electoral number of everyone to whom they deliver a ballot paper so that anyone seeking to
commit personation may be caught out by anyone present. It also facilitates political party
representatives sitting within the polling station (polling agents) to write down who has voted.
This provision was originally UK-wide, but was removed for Great Britain in the EA 2022 when
voter ID was introduced in Great Britain. The Government believes that “calling out” is an
outdated and unnecessary practice. The Bill will move Northern Ireland into line with the rest of
the UK and repeal these provisions.
Absent voting
42 The legislative framework governing absent voting was designed in a very different electoral
context. Postal voting volumes have increased significantly, supply chains are more fragile, and
voter expectations around delivery and reliability have changed. At the same time the current
electoral timetable compresses printing, dispatch and return of postal ballots into a narrow
window, placing increasing pressure on electoral administrators and increasing the risk that
postal votes cannot be returned in time.
43 In order to address the challenges that have developed, the Bill makes changes to the absent
voting system to improve flexibility and resilience as outlined below. These changes work in
conjunction with proposals above around nomination timing and proposals to move the postal
vote application deadline three days earlier. Apart from the changes outlined in paragraph 45
and 46, these changes will not apply to Northern Ireland. Absent votes in Northern Ireland
contain a number of additional security features designed to prevent electoral fraud. On demand
postal votes are not available in Northern Ireland.
44 The EA 2022 provided for the introduction of identity verification requirements for absent vote
applications, which means that many applications now take longer to process and electoral
administrators may require additional information or evidence from electors. To deal with high
levels of applications, Electoral Registration Officers apply different informal “determination
deadlines” even though the elector may legally submit that information up until the close of poll
and still legitimately expect to be granted their absent vote arrangement. The consequence has
been variations in practice across the country and often confused messaging. The Bill creates a
power which will allow a clear statutory determination deadline, aiming to ensure consistent
treatment of applications and clearer messaging for electors.
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
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45 In NI an individual applying to register to vote as part of identity checks must provide their
National Insurance Number (NINO) unless they do not have one and in which case they must
state a reason. This is currently rare but happens, for example, where a Commonwealth citizen
with leave to remain has not yet been issued with a NINO. In these circumstances, the CEO will
attempt to verify the applicant’s identity against other data sets held by the CEO. Following the
introduction of votes at 16, 14 and 15 year old attainers will be eligible to register to vote. As
NINOs are issued when an individual turns 15 years and 9 months it is likely that many
attainers will be unable to provide a NINO when they register. Therefore, it is expected that the
numbers of people who initially apply without a NINO will increase.
46 A NINO is required to be held on an elector’s record, along with date of birth, so that it can be
used as a security check when an elector applies for an absent vote, electoral ID card or requests
any information about their registration status.
47 Additionally, in order to grant an absent vote application, where the applicant makes a
statement that they do not have a NINO, the CEO must be satisfied that they did not provide a
NINO when registering to vote. The Bill will make a change so that where an application for an
absent vote does not contain the NINO, the CEO must be satisfied that the applicant continues
not to have a NINO. This will support the implementation of ‘Votes at 16’ for attainers,
maintain the robustness of security checks on absent vote applications in NI, and modernise the
NINO check on absent vote applications reflecting the increase in the quality of data available to
the CEO since this provision was first introduced.
48 It is common for individuals to submit applications to register to vote and for postal voting
arrangements close to the application deadline. Under existing law, a postal voting arrangement
application may not be granted in respect of an individual until the Electoral Registration Officer
is both satisfied that the person who made the registration application is the person named on
the application and the statutory five-working-day “objections period” has passed. Where an
individual has made both applications close to the deadline ahead of the day of poll at a
particular election, the consequence is that their postal ballot for that election may not legally be
issued until six working days before the day of poll; increasing the risk of insufficient time being
available for the postal ballot to be delivered and returned before the close of poll. In practice,
objections to registration are very rarely raised. Therefore, measures in this Bill will enable postal
ballots to be issued to individuals who would be registered except for the objections period not
having yet passed. Correspondingly, it also makes provision for their postal ballot to be
subsequently cancelled in the event that an objection is raised and they are never registered.
Consequential changes to existing legislation are also made, with the aim of ensuring that
related voting offences will cover this cohort.
49 At present, legislation does not make clear provision for the cancellation of postal votes where
an elector is removed from the register. Measures in this Bill aim to address these omissions.
Taken together with measures set out above, this is intended to ensure that there is clear
provision to enable postal ballots to be cancelled in all relevant circumstances that may arise.
50 The review further highlighted a lack of legislative clarity around whether a postal ballot for a
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particular election should be issued when an elector’s postal vote arrangement is due to expire
during the electoral timetable for that election. A measure in this Bill will address this issue by
making provision so that where a postal vote arrangement is otherwise due to expire during the
electoral timetable, measures in the Bill will mean that the arrangement will effectively cease at
the start of the electoral timetable. This will ensure that the elector is not sent a postal vote pack
that may, in fact, need to be subsequently cancelled - thereby eliminating the key existing source
of existing confusion and uncertainty for both electors and administrators. There will be nothing
to prevent the elector applying, or re-applying, in the normal way for an absent vote
arrangement for the poll in question. Where a postal vote arrangement is due to expire between
the Notice of Election and polling day at an election. this will create clarity for administrators
and certainty for electors by ensuring that they are able to cast their ballot.
51 Under amendments made by the EA 2022, postal vote arrangements are limited to a maximum
term of three years, expiring on 31 January the third year after application. In practice, many
Electoral Registration Officers invite electors to renew their arrangements well in advance of the
relevant expiry date to manage workloads. Due to the way the maximum postal vote terms are
calculated, early re-applications result in shorter subsequent terms. This has had the unintended
effect of shortening subsequent terms where applications are made early, increasing the
frequency of renewals.
52 The Bill introduces a clearly defined re-application window for maximum term postal vote
arrangements. Where a new maximum term postal vote application is received and granted
between 1 October and 30 January, the resulting arrangement may run until the fourth 31
January following the application. This aligns the operation of the provisions more closely with
original policy intent and with elector expectations.
Campaigning and political finance
Political finance
53 The Bill introduces a series of political finance reforms to strengthen the rules around political
donations, which seek to address the risk posed by malign actors who may seek to interfere with
and undermine UK democratic processes. These measures respond to long-standing
recommendations from the Committee on Standards in Public Life and the EC1. The political
finance provisions in the Bill build upon and expand the existing framework set out in the
Political Parties, Elections and Referendums Act 2000 (“PPERA”) and the RPA 1983, introducing
new due diligence requirements for political donations.
54 In 2021, the Committee on Standards in Public Life published its report Regulating Election
Finances
, which recommended the introduction of an enhanced “Know-Your-Donor” due
1 Committee on Standards in Public Life (2021) Regulating Election Finance: A Review by the Committee on Standards
in Public Life. Available at:
https://assets.publishing.service.gov.uk/media/60e460b1d3bf7f56801f3bf6/CSPL_Regulating_Election_Finance_Re
view_Final_Web.pdf
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
diligence framework. The existing rules do not require donees to consider the risk that a donor is
facilitating an illegal donation. The Bill will strengthen the existing permissibility checks
required under political finance law by requiring donees to consider the risk that a donor may
be obscuring or facilitating an impermissible source.
55 The Bill will introduce a principles-based risk assessment requirement for donations exceeding
£11,180 in value. Recipients of donations will be required to assess, on receipt of such donations,
the risk that the donation originates from an impermissible source, and determine whether it
should be accepted. Based on their assessment campaigners must determine the level of risk of
the donation coming from an impermissible source and consequently whether the donation
should be accepted or returned. This reform aims to reduce the risk of illegal donations entering
the system, while maintaining a proportionate compliance burden.
56 There will be a requirement for the political party, candidate, or other regulated entity to
confirm they have carried out the relevant risk assessments as part of their current declaratory
requirements . The EC will produce guidance to assist donees with risk assessments and ‘Know
Your Donor’ checks, and in particular how campaigners might approach the assessment and
mitigation of risk in respect of donations.
57 The Bill will require political parties to verify that companies making donations meet
strengthened eligibility criteria, including demonstrating sufficient revenue and a qualifying
connection to the UK or Ireland.
58 Under Section 54 of PPERA, unincorporated associations (“UAs”) are considered permissible
donors if they are associations of two or more persons, carry out business or other activities
wholly or mainly in the UK, and have their main office located in the UK. UAs are also
permitted to donate to Northern Irish parties if they meet the UK criteria or alternatively carry
on business wholly or mainly in Ireland and have their main office in Ireland.
59 The current framework does not explicitly regulate the permissibility of gifts received by UAs
that are subsequently used to make political contributions. This Bill aims to close that gap by
requiring that any gift retained by a UA for the purpose of making a political contribution must
originate from a permissible donor. Where a gift is used in the making a political contribution, it
must be reported accordingly.
60 The Bill introduces a number of related changes intended to enhance accountability and
traceability. It introduces requirements for the UA to appoint a responsible person when
registering with the EC, who will be named on the public register and thereby provide the
public with information on who is behind the association. Permissibility checks must be
conducted prior to using gifts for political contributions, and UAs will be subject to additional
reporting requirements in relation to gifts received. It will also extend reporting requirements to
political contributions made to candidates. False declarations in relation to information reported
will constitute a criminal offence and may be subject to prosecution.
61 The Bill will also change the regulatory thresholds applicable to UAs, bringing their obligations
in line with those of political parties and other regulated campaigners. Currently, political
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on 12 February 2026 (Bill 384)
parties and campaigners must verify that donations over £500 in value come from permissible
sources and report donations over £11,180 in value to central parties and over £2,230 in value to
constituency parties. In contrast, UAs are only required to report gifts over £11,180 in value if
they make aggregate contributions exceeding £37,270 annually. This Bill will reduce the
contribution threshold for triggering reporting to £11,180 from £37,270 and reporting threshold
to £2,230 from £11,180.
Imprints
62 Imprint rules play an important role in upholding trust in UK democratic processes, by ensuring
voters can see clearly who is behind political campaigning material. By extending the digital
imprint rules, and placing enforcement of print and digital imprint rules on a clearer and more
proportionate footing, the Bill is intended to strengthen the integrity of political campaigning
and ensure voters can continue to make informed decisions in elections and referendums.
63 Under existing rules, third party campaigners who are not recognised are not required to
include imprints on their organic digital campaigning material (material that has not been paid
to be advertised). These third party campaigners are organisations who campaign around
elections without standing candidates themselves, and who spend under the reporting threshold
of £10,000 across the UK on regulated campaign activity, meaning they are not required to
register with the EC and therefore are not subject to the same transparency requirements. This
allows these third party campaign organisations (such as local branches of advocacy groups or
single-issue campaign groups) to disseminate potentially influential campaigning material
without disclosing its origin.
64 This Bill aims to address this by adding any person who is a third party campaigner, but is not a
recognised third party or an individual, to the list of entities who are required to include digital
imprints on their organic digital campaigning materials in scope of the regime. The Government
intends this reform to ensure that the digital imprint regime promotes greater transparency and
public trust, while protecting free expression and avoiding undue burdens on individuals
simply expressing their political opinions online.
65 The Bill aims to improve the enforcement of digital and print imprint rules by extending the
EC’s remit to being the primary enforcer of all imprint rules, with the ability to continue
referring cases to the police for criminal investigation and prosecution where appropriate. At
present, enforcement of the imprint rules is split between the police and the EC depending on
the purpose of the material. This division can create confusion for campaigners and enforcement
authorities. Moreover, the prospect of criminal investigation and prosecution – even for minor
infractions – can be disproportionate and discourage participation, particularly among
volunteers and first-time candidates.
66 Given the rapidly evolving digital campaigning environment, the Bill will also amend the
procedural requirements for updates to the digital imprint guidance, removing the mandatory
involvement of the Secretary of State and Parliament in approving minor corrective changes.
Substantive changes will continue to require Secretary of State and parliamentary approval.
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Enforcement and the Electoral Commission
67 The EC is the independent statutory body tasked with overseeing elections and regulating
political finance in the UK. Its functions, powers, and governance are set out in PPERA. The EC
is accountable to - and funded by - the UK Parliament via the Speaker’s Committee on the EC for
its reserved functions. For its devolved Scottish and Welsh functions, it is accountable to – and
funded by – the Scottish Parliament (via the Scottish Parliamentary Corporate Body) and the
Senedd Cymru (via the Llywydd's Committee).
68 As part of its statutory duties, the EC is responsible for monitoring and securing compliance
with political finance rules and for investigating and enforcing certain offences under
PPERA. The Bill introduces a series of reforms to the EC’s role and enforcement powers
designed to address enforcement gaps, expand the EC’s civil sanctioning powers and improve
operational effectiveness, ensuring that enforcement provides a clear deterrent against breaking
the law whilst remaining proportionate. These reforms respond to long-standing
recommendations from various stakeholders, including the Committee on Standards in Public
Life (now the Ethics and Integrity Commission), the Public Administration and Constitutional
Affairs Committee, and the EC itself.
69 Since 2010, the EC has been able to impose civil sanctions for certain PPERA offences committed
by political parties, third party campaigners and permitted participants in referendums.
However, offences committed by candidates and local third party campaigners under the RPA
1983 and recall petition campaigners under the Recall of MPs Act 2015 (“RoMPA”) can currently
only be investigated by the police and referred for criminal prosecution. This has created an
enforcement gap, because criminal prosecution is often considered to be disproportionate to the
offence and not in the public interest.
70 The Bill aims to close this enforcement gap by extending the EC’s enforcement role and civil
sanctioning powers to include candidate, local third party campaigner and recall petition
campaigner political finance offences. As part of this, the Bill also reforms the process for
candidates, local third parties, and recall petition campaigners delivering expense returns and
declarations, to ensure that they are also delivered directly to the EC.
71 Secondary legislation will be introduced to prescribe the relevant offences in legislation which
will then be subject to civil sanctions and enforcement by the EC. This will mean that those
offences could either be enforced through civil sanctions by the EC or be referred to the police
for criminal prosecution. This will ensure that proportionate fines (rather than criminal
prosecution) are available for minor infractions, whilst retaining illegal practice status (and the
potential for disqualification) where serious breaches are referred for criminal prosecution or are
subject to a successful election petition.
72 Under the current enforcement framework, all political finance offences – regardless of their
severity – are treated as possible criminal offences, even when they amount to administrative
breaches, such as the late submission of reports. Whilst criminal investigation and prosecution
for such offences is rare, there are concerns that the criminalisation of administrative offences
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can deter participation in campaigning.
73 The Bill and subsequent secondary legislation will therefore reclassify a range of administrative
offences under PPERA, so that they will be punishable only through civil sanctions. This aims to
clarify that it is the EC who is responsible for enforcing such breaches, allowing police resources
to be directed toward tackling more serious criminal offences.
74 To strengthen the EC’s civil enforcement regime, the Government also intends to introduce
subsequent secondary legislation to increase the maximum fine which the EC may impose. The
current maximum is £20,000 per offence. Stakeholders have argued that the current level of
maximum fine is an inadequate deterrent for non-compliance with the rules, particularly with
respect to well-resourced campaigners2.
75 This Bill will remove the cap on the maximum civil fine for certain summary offences in
Scotland and Northern Ireland, which is currently limited to the maximum criminal fine that can
be imposed for those offences (£10,000 in Scotland and £5,000 in Northern Ireland; the maximum
criminal fine in England and Wales is an unlimited fine). This is to supplement the
Government’s intention to provide the EC with a more meaningful deterrent by increasing the
maximum fine that the EC may impose to an amount of up to £500,000. The Government intends
to make this change in subsequent secondary legislation.
76 The Bill will also give the EC an explicit statutory ‘gateway’ to share information with a
specified list of approved regulators and enforcement bodies. Currently, the EC is reliant on its
‘incidental’ powers to share information, impeding effective collaboration. The Bill will give the
EC the ability to share information more dynamically with other regulators and enforcement
authorities, including on cross-cutting issues such as foreign interference, data protection and
digital campaigning.
77 The list of approved regulators and enforcement bodies is set out on the face of the Bill.
Ministers will be able to add to the list via secondary legislation, subject to the affirmative
procedure. Removals from this list, if needed, would require further primary legislation, with
the aim of balancing futureproofing with sufficient parliamentary oversight.
78 Finally, the Bill will transfer the responsibility for granting permission to pay late and disputed
invoices from the courts to the EC. Experience has demonstrated that most claims received
outside of the statutory deadlines for paying elections related claims are late for simple
administrative reasons and the current system of court oversight is inefficient and time
consuming
3. The transfer of responsibility to the EC is intended to reduce administrative
burdens on campaigners and the courts.
Harassment and intimidation of candidates
79 The Government wants as many people as possible to engage in the United Kingdom’s
democracy. The Government believes that harassment and intimidation of voters, electoral staff
2 Regulating Election Finance - A Review by the Committee on Standards in Public Life
3A regulatory Review of the UK’s party and election finance laws: recommendations for change
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on 12 February 2026 (Bill 384)
and campaigners, both online and in person, is unacceptable and has a profoundly detrimental
impact on the UK’s democratic processes.
80 The Elections Act 2022 (“EA 2022”) introduced a new electoral sanction in the form of a
disqualification order, which is intended to provide additional protection to those who
participate in elections and contribute to the political debate, and to deter individuals from
carrying out acts of intimidation. The disqualification order can be imposed on a person
convicted of specific criminal offences (listed in Schedule 9 to EA 2022) motivated by hostility
towards a candidate, future candidate, substitute or nominee (in Northern Ireland), campaigner
or the holder of a relevant elective office. The effect of a disqualification order is a five-year
disqualification from standing for, being elected to or holding certain elective offices. The
Association of Electoral Administrators (AEA) has highlighted that electoral staff also faced
unacceptable abuse and intimidation during the campaign for, and on the day of, the 2024 UK
general election. This Bill will expand the scope of the imposition of disqualification orders so
that they can also be imposed on those offenders who commit offences motivated by hostility
towards electoral staff. This aims to ensure that electoral staff are provided the same protection
as candidates, campaigners and elective office holders, and to underline the seriousness of
seeking to abuse or intimidate those who deliver elections in the UK.
81 Disqualification orders are an important part of tackling unacceptable harassment and
intimidation of those in public life. However, the Government believes that disqualification
orders alone do not do enough to prevent those who have no interest in standing as a candidate
from engaging in intimidatory or abusive behaviour. This Bill will introduce a new statutory
aggravating factor to be considered by courts when sentencing offenders for intimidatory
offences motivated by hostility towards candidates, campaigners, elective office holders and
electoral staff. This will aim to introduce a significant new deterrent for those who seek to
damage the UK’s democracy or intimidate those who uphold it, ensuring that anyone who does
so is subject to appropriate criminal justice penalties.
82 It is vital that candidates feel safe and secure in their homes. Under existing legislation,
candidates have the option to prevent their home address from being published on the
statement of persons nominated and on ballot papers. However, candidates who are acting as
their own election agents will have their home address published on the notice of election agents
if they do not have an office address. This Bill will remove this remaining requirement for
candidates to publish their home address, provided that they provide an alternative
correspondence address.
Legal background
83 The law governing the proceedings of elections and the requirements placed on those running
for public office is set out in a number of statutes. This means that the Bill refers to and amends
existing primary and secondary legislation which includes:
i. Rules relating to UK Parliamentary Elections and Referendums, and certain local
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on 12 February 2026 (Bill 384)
elections: Representation of the People Act 1983 (“RPA 1983”); Representation of the
People Act 1985 (“RPA 1985”); Representation of the People Act 2000 (“RPA 2000”);
the Political Parties, Elections and Referendums Act 2000 (“PPERA”); Elections Act
2022 (“EA 2022”);
ii. Rules for principal area local elections for England and Wales: (Local Government Act
1972; Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304)
(now England only));
iii. Rules for parish and community local elections in England and Wales: (Local Elections
(Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305) (now
England only);
iv. Rules for Local authority mayoral elections in England and Wales: (Local Government
Act 2000; Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
(S.I. 2007/1024);
v. Rules for Combined authority mayoral elections in England: (Local Democracy,
Economic Development and Construction Act 2009; Combined Authorities (Mayoral
Elections) Order 2017 (S.I. 2017/67));
vi. Rules for elections to the Greater London Authority: (Greater London Authority Act
1999; Greater London Authority Elections Rules 2007 (S.I. 2007/3541));
vii. Rules for Police and Crime Commissioner Elections in England and Wales: (Police
Reform and Social Responsibility Act 2011; Police and Crime Commissioner Elections
Order 2012 (S.I. 2012/1917));
viii. Provisions about Scottish Parliamentary Elections and Referendums: (Scotland Act
1998; Scottish Parliamentary (Elections etc.) Order 2015 (S.S.I. 2015/425); Scottish
Elections (Representation and Reform) Act 2025);
ix. Provisions about Welsh Senedd Elections: (Government of Wales Act 2006; Senedd
Cymru (Representation of the People) Order 2025 (W.S.I. 2025/864 (W.150); Elections
and Elected Bodies (Wales) Act 2024; Senedd Cymru (Members and Elections) Act
2024);
x. Provisions about Northern Ireland Assembly Elections: (Northern Ireland Act 1998;
Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (“NIA(E)O 2001”);
Elected Authorities (Northern Ireland) Act 1989 (“EA(NI)A 1989”);
xi. Provisions about Local government elections in Scotland: (Local Government (Scotland
Act 1973; Scottish Local Government Elections Order 2011 (S.S.I. 2011/399); Scottish
Local Government Elections Amendment Order 2020 (S.S.I. 2020/239));
xii. Provisions about local elections in Northern Ireland: (Local Government Act (Northern
Ireland) 1972; Electoral Law Act (Northern Ireland) 1962 (“ELA(NI) 1962”); EA(NI)A
1989);
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xiii. Provisions about the recall of MPs: Recall of MPs Act (“RoMPA”) and the Recall of
MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295);
xiv. Provisions about local referendums in Wales: Local Authorities (Conduct of
Referendums) (Wales) Regulations 2008 (S.I. 2008/1848 (W. 177));
xv. Provisions about local referendums in England: Local Authorities (Conduct of
Referendums) (England) Regulations 2012 (S.I. 2012/323); Local Authorities (Conduct
of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444);
Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031);
xvi. Rules about election petitions (challenging the results of an election): Election Petition
Rules 1960 (S.I. 1960/543).
84 The RPA 1983 is the core Act dealing with the voting franchise for UK parliamentary elections
and local government elections in England, Wales and Scotland, as well as other rules, and
establishes the detailed procedure for conducting UK parliamentary elections. This Bill changes
requirements in the RPA 1983, including in the parliamentary elections conduct rules, for
example to amend the deadlines for candidate nominations, require candidates to provide ID
when submitting their nomination papers, and allowing the withdrawal of party support for a
candidate.
85 The RPA 1983 also covers the registration processes for registration on the parliamentary
registers (UK) and local government registers (in Great Britain) and makes provision about the
canvass (different provision applies to Great Britain than to Northern Ireland). The current
requirements in the RPA 1983 include that a person must make a successful application before
they can be added to the register. The EA(NI)A 1989 sets out the franchise for local Northern
Ireland elections and the NIA(E)O 2001 provides that Assembly elections use the local franchise.
Registration for Northern Ireland local elections is provided for in the RPA 1983 by virtue of
Schedule 1 to the EA(NI)A 1989. The process for registration is amended by the Bill so that,
where an Electoral Registration Officer (in Great Britain) or Chief Electoral Officer for Northern
Ireland is satisfied that a person is entitled to be registered, they can start a process to register a
person without them needing to make an application. Likewise, if the Electoral Registration
Officer or Chief Electoral Officer for Northern Ireland becomes aware that a person has changed
their name or address and is satisfied that they are entitled to be registered in respect of that
name or address, the Bill enables those details to be amended without the person being required
to apply for that change to be made.
86 The Bill also makes provision for canvass reform in Northern Ireland. The canvass was reformed
in Great Britain under the Electoral Registration and Administration Act 2013, which also
introduced individual elector registration, in place of household registration. A further key piece
of legislation is PPERA. PPERA established the EC and sets out how political parties, third party
campaigners and referendums are regulated in the UK, as well as setting out the powers, duties
and governance of the EC. The EC’s powers and role have been expanded a number of times,
including in the Political Parties and Elections Act 2009. The EA 2022 further expanded the EC’s
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remit to include the enforcement of and guidance around materials to be included on digital
material for certain electoral purposes (see Part 6 of the EA 2022).
87 Campaign offences in relation to candidates, including campaign finance offences, are set out in
the RPA 1983 (for parliamentary elections in the UK and local government elections in Great
Britain). The ELA(NI) 1962 makes provision for candidate finance offences for local elections in
Northern Ireland, and the NIA(E)O 2001 applies the candidate finance offences from the RPA
1983 to Assembly elections.
88 The Bill makes amendments to expand the EC’s remit to include candidate finance offences
under the RPA 1983 and the ELA(NI) 1962. Further offences in relation to recall petition
campaigns under RoMPA will also be brought within the Commission’s remit.
89 The Bill makes a number of further amendments to PPERA in relation to requirements for
“know your donor” checks by donees, new rules on “donations” to and from unincorporated
associations, making provision as to permissibility of donations by companies, clarifying the law
on forfeiture of donations when received from a person who was not on an electoral register,
and provision to amend the rules on expenditure by registered political parties which have
electoral agreements with other registered political parties.
90 The EA 2022 introduced a new requirement for digital political material to contain an imprint,
bringing this in line with information required on print imprints. This Bill expands the category
of people subject to the new requirements, to include material which is created by unregulated
third parties, who are already required to include imprints on “paid for” content, where this is
for one of the purposes in section 45 of EA 2022 (for example to promote the success of a
candidate, a party, an outcome at a referendum, or similar).
91 The EA 2022 also introduced a new disqualification order to be imposed at sentencing where
certain violent or intimidatory offences are motivated by hostility towards candidates, holders of
relevant elective offices and campaigners. This Bill expands the scope of the order so that it also
covers offences motivated by hostility towards electoral administration staff.
92 The Scottish Government has previously made similar provision for disqualification orders for
offenders who commit crimes of hostility against Scottish electoral administration staff by way
of section 8 of the Scottish Elections (Representation and Reform) Act 2025. These Scottish
disqualification orders are similar to the disqualification orders made under section 30 of the EA
2022 but only disqualify persons for devolved Scottish elective offices. This Bill will provide that
offenders who receive a Scottish disqualification order are also disqualified from elective offices
throughout the rest of the UK for a period of 5 years.
93 Section 67 RPA 1983 provides the rules for the appointment of election agents. Existing
subsections allow a candidate to act as their own election agent without their home address
being published for local elections in some parts of the UK. For Scottish local government
elections, the relevant subsections are (6ZA) and (6ZB) (which apply to all election agents, not
just candidates acting as their own agent), while for Welsh local government elections it is
subsection (6A). This Bill will incorporate the existing Scottish measures into new subsections
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on 12 February 2026 (Bill 384)
which will apply the same approach to UK parliamentary elections and to local government
elections in England and Scotland. Subsection (6A) will remain in force for local government
elections in Wales. This Bill also makes similar amendments to remove the need for publication
of home addresses for sub-agents (section 68 of the RPA 1983) and agents in Northern Ireland
local elections (section 34 of the ELA(NI) 1962).
94 Current requirements for absent voting at parliamentary elections and local government
elections in Great Britain are set out in Schedule 4 to the RPA 2000, while RPA 1985 sets out
current requirements for absent voting at parliamentary elections in Northern Ireland. This Bill
makes amendments to the RPA 1985 and RPA 2000 in relation to absent voting.
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Territorial extent and application
95 Clause 79 sets out the territorial extent of the Bill, that is, the jurisdictions in the UK of which the
Bill forms part of the law; application applies to where the Bill has practical effect.
96 The Bill’s territorial extent and application are complex. The Bill generally extends to the UK,
subject to paragraphs 96-98 below, although application differs across provisions.
97 Extent varies across clauses due to the complexity of electoral law and devolution. There has
been significant consultation among officials and the Bill has taken into consideration the views
and concerns shared.
98 There is a convention that Westminster will not normally legislate with regard to matters that
are within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern
Ireland Assembly without the consent of the legislature concerned.
99 The following provisions relate to matters within the legislative competence of the Scottish
Parliament:
a. Open Register Opt-in in so far as it relates to devolved register in Scotland.
b. Administrative Measures insofar as they relate to local government elections in
Scotland. This includes the declaration of local connection ceasing to have effect in so
far as it relates to local government elections (Clause 4). Clause 32- Anonymous
registration, alignment with this will help maintain anonymous electors’ identity;
clause 33- Pre-election applications for registration; clause 36- Regulations as to
registration etc: information to assist registration officers; clause 37- Edited register:
electors to opt in; clause 39- Seniority of returning officers.
c. Absent Voting Measures insofar as they relate to local elections in Scotland.
d. This includes: clause 48- Absent voting.
100 Electoral Campaigning Measures; these apply to devolved elections and possible offences
relating to them. This includes the following measures: clause 54- Publication of election agents'
addresses; clause 55 - Leave to pay late and disputed expenses claims; clause 56- Delivery and
inspection of returns and declarations; clause 58- Risk assessments for donations to registered
parties; clause 59- Permissible donors not to include individuals under 16; clause 60- Donations
by companies and LLPs etc.; clause 62- Unincorporated associations making political
contributions; clause 65- Decriminalisation of certain requirements; clause 66- Extension of the
Electoral Commission’s enforcement functions; clause 67- Abolition of maximum penalties in
respect of offences triable summarily. Clause 56- Delivery and inspection of returns and
declarations, relating to Electoral Commission enforcement. The following provisions relate to
matters within the legislative competence of Senedd Cymru:
a. Open Register Opt-in in so far as it relates to devolved register in Wales.
b. Administrative Measures insofar as they relate to local government elections in
Wales. This includes the following measures: Clause 4- Declaration of local
connection ceasing to have effect; clause 31- Seniority of electoral registration officers;
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
clause 32- Anonymous registration; clause 33- Pre-election applications for
registration; clause 36- Regulations as to registration etc: information to assist
registration officers; clause 38- Provision of assistance by local authority officers to
returning officers.
c. Votes at 16 Measures to support young people voting in devolved and reserved
elections.
d. These measures include: clause 15- Duty to raise awareness and provide assistance:
Great Britain. The LCM process is engaged here because of DWAs, with similar duties
already applying to local authorities under Welsh legislation.
e. Absent Voting Measures insofar as they relate to local elections in Wales.
f. This includes: clause 48- Absent voting.
g. Electoral Campaigning Measures; these apply to devolved elections and possible
offences relating to them.
h. These measures include: clause 55- Leave to pay late and disputed expenses claims;
clause 56- Delivery and inspection of returns and declarations; clause 58- Risk
assessments for donations to registered parties; clause 59- Permissible donors not to
include individuals under 16; clause 60- Donations by companies and LLPs etc; clause
65- Decriminalisation of certain requirements; clause 66- Extension of the Electoral
Commission’s enforcement functions; and clause 67- Abolition of maximum penalties
in respect of offences triable summarily. Clause 68- Civil sanctions orders: combining
reserved and devolved provision. This includes a power to make provision in relation
to devolved matters (provided consent is obtained from the Scottish and Welsh
Ministers first);
Harassment and intimidation of candidates and electoral staff. Clause 73- Effect of
Scottish disqualification orders.
101 The following provisions relate to matters within the legislative competence of the Northern
Ireland Assembly:
a. Harassment and intimidation of candidates and electoral staff insofar as relates to
membership of a local council in NI. This is clause 73- Effect of Scottish
disqualification orders.
102 The Secretary of State for Housing, Communities and Local Government has confirmed that the
Government will seek approval from the Scottish Parliament, Senedd Cymru, and the Northern
Ireland Assembly for a legislative consent motion in relation to these provisions.
103 If, following introduction of the Bill, there are amendments relating to matters within the
legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland
Assembly, the consent of the relevant devolved legislature(s) will be sought for the
amendments.
104 See the table in Annex A for a summary of the position regarding territorial extent and
application in the United Kingdom.
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
Commentary on provisions of Bill
Part 1: Young Voters
Extension of right to vote etc to 16- and 17-year-olds
Clause 1: Extension of right to vote
105 Clause 1 amends RPA 1983, the EA(NI)A 1989, the Police Reform and Social Responsibility Act
2011, and the RoMPA, with the effect of lowering the age at which an individual is eligible to
vote in all elections and polls for which responsibility is reserved to the UK Government.
106 Subsection (2) amends section 1(1)(d) of the RPA 1983 to change the voting age to 16 from 18 for
UK parliamentary elections.
107 Subsection (3) amends section 2(1)(d) of the RPA 1983, changing the voting age to 16 from 18 for
local government elections. To do so, it omits existing subsection (1A), which previously
accounted for the difference in voting age between local government elections in England,
Scotland and Wales. The revised section 2 reflects that the voting age will be 16 for all local
elections in the UK, and (when read alongside section 52(1) of the Police Reform and Social
Responsibility Act 2011) PCC elections in England.
108 Subsection (4) amends Schedule 6 to RPA 1983, which addresses ward elections in the City of
London. Paragraph (a) changes the voting age to 16 from 18 for those ward elections. Paragraph
(b) amends paragraph 3 of Schedule 6, which provides that where an individual is below voting
age but will soon attain voting age, the ward list maintained by the clerk of the City will note the
date on which the individual will attain voting age. Subsection (4)(b) amends paragraph 3 of
Schedule 6 by reflecting that the voting age will be 16 rather than 18.
109 Subsection (5) amends the EA(NI)A 1989 such that the voting age is also lowered to 16 for local
elections in Northern Ireland. Elections to the Northern Ireland Assembly rely on the local
government franchise and therefore this amendment also effects the lowering of the voting age
for elections to the Northern Ireland Assembly.
110 Subsection (6) amends the Police Reform and Social Responsibility Act 2011 such that the voting
age is also lowered to 16 for PCC elections in Wales.
111 Subsection (7) amends RoMPA, to ensure that the age at which an individual is entitled to sign a
recall petition reflects the voting age for all elections.
Clause 2: Disenfranchisement of detained 16- and 17-year-olds
112 Clause 2 makes amendments to section 3 of the RPA 1983, and Schedule 1 to the EA(NI)A 1989,
which establish that convicted prisoners detained in penal institutions are legally incapable of
voting. Clause 2 extends that principle to 16- and 17-year-olds, in line with the extension of
voting rights to that age group.
113 Subsection (2) inserts new subsection (1ZA) into section 3 of the RPA 1983. New subsection
(1ZA) of section 3 extends the definition of those disenfranchised to include individuals who are
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detained in “youth detention accommodation” for the duration of the sentence, as well as those
who would be detained if they were not unlawfully at large.
114 Subsection (3) inserts new paragraph (ba) into section 3(2) of the RPA 1983 to define the term
“youth detention accommodation” as used in new subsection 1ZA described above. This
definition identifies all the institutions in which a convicted prisoner aged under 18 may be
detained which are not already captured by the existing legislation. For example, in England,
some convicted prisoners under 18 may be held in Young Offender Institutes, while others may
be held in Secure Children’s Homes. Existing provisions would include Young Offender
Institutes, but not Secure Children’s Homes. These provisions aim to ensure all convicted
prisoners are disenfranchised with regards to elections for which responsibility is reserved to the
UK Government, regardless of their age or the institution in which they are detained.
115 Subsection (4) amends Schedule 1 to the EA(NI)A 1989, such that the provisions in this clause
apply in the same way to local elections in Northern Ireland. As the franchise for the Northern
Ireland Assembly flows from the franchise for local elections in Northern Ireland (see article 4 of
the NIA(E)O 2001), this will achieve the same effect for Assembly elections as well.
116 Taken together, the provisions in this clause follow the principles established in existing section
3(1); that is, that convicted prisoners (with the exception of those imprisoned for contempt of
court, or in default of paying a court-imposed fine) may not vote in UK Parliamentary elections,
PCC elections, elections to the Northern Ireland Assembly, or local elections in England or
Northern Ireland. These provisions do not apply to elections for which responsibility is
devolved; that is, elections to the Senedd Cymru, Scottish Parliament, or local government
elections in Wales or Scotland.
Registration and participation in elections
Clause 3: Entitlement to be registered before reaching voting age
117 Clause 3 amends section 4 of the RPA 1983 and Part 2 of Schedule 1 to the EA(NI)A 1989, which
set out entitlement to appear in the register of parliamentary or local government electors. The
entitlement to be registered to vote is distinct from the entitlement to cast a vote. Clause 3 will
allow all otherwise eligible individuals to register as an “attainer” from their 14th birthday on
the parliamentary register, and the local government registers in England and Northern Ireland.
The provision consolidates the equivalent provision currently in force for local government
elections in Scotland.
118 Subsection (2) inserts new subsections (4A) and (4B) into section 4 of the RPA 1983. New
subsection (4A) entitles an individual to be registered on the parliamentary register throughout
the UK, or a local government register in Scotland or England, from their 14th birthday, as long
as they meet the other eligibility criteria as set out elsewhere in section 4 of the RPA 1983.
119 New subsection (4B) requires that, when such an individual is added to the electoral register,
that individual’s entry in the register must give the date on which the person will attain voting
age. Subsection (4B) further requires that this date be used to establish the point at which the
individual can participate in an election, and they are not to be treated as an elector until that
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point. This consolidates provision including for Scottish local government elections, where the
existing legislation follows the same provision.
120 Subsections (3), (4) and (5) are consequential amendments to maintain the position for local
government elections in Wales, update the cross-references in other parts of that section, and
reflect that separate provision is not needed for Scotland (the repeal of subsection (5B) and (5C)).
121 Subsection (6) amends the EA(NI)A 1989 such that the provisions in this clause apply in the
same way to local elections in Northern Ireland (this also governs eligibility for Northern Ireland
Assembly elections).
Clause 4: Declarations of local connection: looked after children and detained
persons
122 Clause 4 amends section 7B of the RPA 1983 and inserts a new section – 7BA – into RPA 1983. It
also amends Schedule 1 to the EA(NI)A 1989 to ensure that these provisions also apply for local
elections in Northern Ireland, and makes modifications that are needed to make the equivalent
provisions in the RPA 1983 work for Northern Ireland, in particular replacing “England” with
“Northern Ireland”. These parts of the legislation concern the circumstances in which an
individual may apply to register to vote using a “Declaration of Local Connection” (or “DoLC”)
to an area, rather than using a fixed or permanent address.
123 The purpose of a declaration of local connection is to allow individuals to register to vote when
their living arrangements would otherwise prevent them from being associated with a fixed or
permanent address, or where they have a connection with another local authority area (for
example where they are in care away from their previous home). The purpose of this clause is to
expand the circumstances in which a declaration of local connection may be made to account for
circumstances which individuals under the age of 18 may be in, such as individuals in care.
124 Subsection (3) amends section 7B(2) of the RPA 1983 to add an additional category of individual
who may make a declaration of local connection. The new category is that of individuals who
are either looked after by a local authority, were looked after by a local authority, or who are
being kept in secure accommodation (but who do not also fall into one of the pre-existing
categories). This category is defined in full in new section 7BA of the RPA 1983, which is inserted
by subsection (7) in this clause, described below.
125 The purpose of the two new eligibility criteria for making a declaration of local connection –
children looked after by a local authority, and those detained in secure accommodation – is as
follows. In both cases, it allows individuals to register to vote as if they are resident somewhere
other than their current accommodation (e.g. a previous address), because accommodation for
looked after children and detention in secure accommodation may be short lived (though in both
cases, the individuals may choose to register at their current address if they wish). In the case of
looked after children, there is also a secondary purpose, which is to allow individuals to be
registered to vote at an address within the local authority with responsibility for the individual
(including, if necessary, the address of a local authority building itself). This allows the local
authority with responsibility for the individual in question to also be responsible for the electoral
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registration of that person in cases where children looked after by a local authority may be
housed at an address which is outside the area for which the local authority in question has
responsibility.
126 Subsection (4) amends section 7B of the RPA 1983 such that subsections (2A) to (2D) - which
concern how children looked after by a local authority, or individuals held in secure
accommodation, may make a declaration of local connection for the purposes of devolved
elections in Scotland and Wales - are removed, as they are consolidated with equivalent
provisions for UK Parliamentary elections and local government elections in England (by
subsection (7). The original effect of the omitted provisions is maintained.
127 Subsection (5) amends section 7B of the RPA 1983 such that when an individual makes a
declaration of local connection on the grounds of being in the new category created by
subsection (3) above, the declaration of local connection must include the individual’s age, and
either the name of the local authority in question, or the address of the secure accommodation,
as appropriate.
128 Subsection (6)(a) amends section 7B(4) to consolidate the existing definitions of “required
address” that apply to different parts of the UK into a single definition for the whole of the UK.
129 Subsection (7) amends section 7B of the RPA 1983, adding a new subsection (6A). New
subsection (6A) sets out four circumstances where a declaration of local connection does not
have effect for registration on either the local government or parliamentary register.
130 New subsection (6A)(a) specifies that a declaration of local connection shall not have effect for
parliamentary registration if the individual is not otherwise eligible to be registered on the
parliamentary register (e.g. if they do not meet nationality requirements, age requirements, or is
prevented from voting due to being a convicted prisoner).
131 New subsection (6A)(b) provides that the declaration of local connection does not take effect for
a local government election if a person is not eligible to be registered on that register.
132 New subsection (6A)(c) provides that if an individual seeks to make a declaration of local
connection on the basis of being either looked after by a local authority, having previously been
looked after by a local authority, or being kept in secure accommodation, the declaration shall be
not be valid for parliamentary registration or registration on the local government register in
England if the individual is legally prevented from voting due to new section 3(1ZA) of the RPA
1983, introduced by clause 2 above. This provision is considered necessary because some
individuals are resident in certain facilities – for example Secure Children’s Homes - for welfare
reasons, whilst others may be resident in the same facility in pursuance of a sentence following
conviction. Individuals resident in a Secure Children’s Home (or similar) for welfare reasons
(and who satisfy the other regular eligibility criteria: e.g. nationality) are eligible to register to
vote at parliamentary elections, and accordingly the provisions in this clause provide for them to
register via a declaration of local connection. However, individuals who are resident in a Secure
Children’s Home in pursuance of a sentence following conviction are not eligible to register to
vote at parliamentary elections. This subsection prevents the latter group from registering to
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vote.
133 New subsection (6A)(d) provides that if an individual seeks to make a declaration of local
connection under section 7B(2)(d) of the RPA 1983 on the basis of being either looked after by a
local authority, having previously been looked after by a local authority, or being kept in secure
accommodation, the declaration shall be not have effect for a local government register or a
parliamentary register if the person does not satisfy the requirements of section 7BA that apply
for that register. This means that, for example, if they are over the “applicable age” in relation to
a local government register in Wales, then the DOLC will not take effect for the purpose of
registration on that register.
134 Subsection (8) amends section 7B of the RPA 1983 such that subsections (7), and (7A) to (7C) -
which provide that certain declarations of local connection (such as those made by qualifying
foreign nationals, who do not have the right to vote in reserved elections) have effect for the
purposes of devolved elections in Scotland and Wales only - are removed. This is done because
subsection (7) of this clause incorporates these provisions into new subsection (6A) of section 7B,
and in doing so combines them with similar provisions relating to UK Parliamentary elections in
Great Britain, and local government elections in England.
135 Subsection (9) inserts new subsection 7BA into the RPA 1983. New section 7BA describes the
circumstances in which an individual may make a declaration of local connection under the new
section 7B(2)(d) of RPA 1983.
136 New section 7BA(1) provides that in order to make a declaration of local connection under
section 7B(2)(d) of the RPA 1983 (as inserted by subsection (3) of this clause), an individual must
meet the requirements in new section 7BA(2), and must also be under a certain age. These vary
depending on the type of election in a declaration may apply to, and are specified in new section
7BA(3) below.
137 New section 7BA(2) provides that in order to make a declaration of local connection under
section 7B(2)(d) of the RPA 1983 (as inserted by subsection (3) of this clause), an individual must
be either looked after by a local authority, previously have been looked after a local authority, or
be being kept in secure accommodation. These three circumstances are defined in new section
7BA(4) below.
138 New section 7BA(3) sets out the maximum ages which an individual may be in order to make a
declaration of local connection under section 7B(2)(d) of the RPA 1983 (as inserted by subsection
(3) of this clause). For UK Parliamentary elections, local government elections in England or
Scotland, or Scottish Parliamentary elections, an individual must be under 21; for local
government elections in Wales or Senedd Cymru elections, the individual must be under 18.
139 New section 7BA(4) defines the terms “child looked after by a local authority” and “secure
accommodation” used in new section for the purposes of registering on the UK Parliament
register.
140 New section 7BA(5), (6), and (7), define the terms “child looked after by a local authority” and
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“secure accommodation” using the same definitions as are used in section 7BA(4), but apply
those definitions to registrations for the local government registers. Whereas section 7BA(4)
defined those terms for the purposes of registration as a parliamentary elector, subsection (5),
defines those terms for the purposes of registering as a local government elector in England
(which also governs eligibility to vote in PCC elections and local government referendums),
subsection (6) defines the terms for the purposes of registering for local elections in Wales
(which also governs eligibility for Senedd elections), and subsection (7) defines the terms for the
purposes of registering for local elections in Scotland (which also governs eligibility for Scottish
Parliament elections).
141 Subsections (10), (11), and (12) amend Part 2 of Schedule 1 to the EA(NI)A 1989 such that the
changes made by this clause to RPA 1983 are adjusted as necessary to function in the same way
in Northern Ireland as they do to Great Britain.
Clause 5: Service declarations
142 Clause 5 amends sections 14, 15, 16 and 17 of the RPA 1983, and Schedule 1 to the EA(NI)A 1989.
These provisions deal with the process that allows members of the armed forces, Crown servants
and British Council employees to register to vote while serving overseas or away from their
home within the UK. This clause extends the right to make a service declaration to the children
of service voters who live with them.
143 Subsection (2)(a) inserts new subsections (1ZA) and (1ZB) into section 14 of the RPA 1983. New
subsection (1ZA) provides that an individual under the relevant age qualifies if they are residing
with a parent or guardian who has a service qualification. New subsection (1ZB) defines the
‘relevant age’ as 19 for parliamentary or local government registers in England. The ‘relevant
age’ of 18 remains unchanged for local government registers in Wales and Scotland.
144 Subsection (2)(b) amends section 14 of the RPA 1983 to remove existing subsection (1A) which
currently makes provision for registration on the local government registers in Scotland and
Wales in the same circumstances as new ss(1ZA). Subsection(2)(a) incorporates the effect of the
existing provisions into new subsection (1ZA), and in doing so creates unified provision for UK
Parliamentary registration and local government registration across Great Britain.
145 Subsection (3) amends section 15 of the RPA 1983 which regulates service declarations.
146 Subsection (3)(a) adds new provisions such that when an individual registers to vote using a
service declaration made on the basis of residing with a parent or guardian who has a service
qualification, that registration ceases to have effect when the declarant attains the relevant age.
147 Subsection (3)(b) to (d) omits existing devolved provision which is consolidated into the new
provision in section 15(2)(d) and (5D).
148 Subsection (3)(e) inserts subsection (5D) which provides that a service declaration made by a
child of a service voter does not have effect for a particular register if the individual does not
meet the eligibility criteria for registration.
149 Subsection (3)(f) inserts new subsections (9A) and (9B), which provide the Secretary of State with
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the power to extend, by secondary legislation, the 12-month validity period of a qualifying
child’s service declaration up to five years. This is only exercisable in relation to parliamentary
registration across the UK or registration on the local government register in England. This
power is applied to local government registration in Northern Ireland by subsection (6)(b), and
as set out above as the Northern Ireland Assembly franchise flows from the local election
franchise it will also apply for the purposes of Northern Ireland Assembly elections.
150 Subsection (3)(g) and (h) amend subsections (10) and (11), which currently refer to regulations
made under subsection (9), to insert a reference to regulations made under new subsection (9A).
This means that regulations made under subsection (9A) can also include incidental provision,
that the Secretary of State must consult the EC, and that the affirmative procedure applies, as it
does to regulations made under subsection (9).
151 Subsection (3)(i) amends subsection (12) of section 15 of the RPA 1983 such that if the power
created by Clause 5(3)(f) (at new subsection 15(9A)) is exercised in order to set a longer period
than was previously in force, individuals who are already registered on the basis of a service
declaration as the child of a service voter have the new, longer validity period of their service
declaration applied to them.
152 Subsection (4) amends section 16 of the RPA 1983, which sets out information that must be
included in a service declaration and how it must be attested.
153 Subsection (4)(a) renumbers the provision as it extends to Northern Ireland for consistency with
the provision as it extends to England and Wales and Scotland. Paragraphs (b) and (d) omit
existing text that is consolidated by other provision in this subsection.
154 Subsection (4)(c) inserts new subsection (1A) make clear that a declaration does not need to be
attested where the declarant is a member of the armed forces (or their spouse / civil partner), or
where the declarant is a child of a member of the armed forces. This consolidates the provision
removed by paragraph (b) and (d).
155 Subsection (5) amends section 17 of the RPA 1983, which regulates the effect of a service
declaration.
156 Subsection (5)(a) replaces the reference to “section 16(d)” in section (1)(a) of section 17 with
“section 16(1)(d)”. This is a fix of a typographical error in the existing legislation.
157 Subsection (5)(b) provides that a child of a service voter who is living abroad with their parent
will no longer be treated as having a service qualification once they reach the relevant age.
158 Subsection (5)(c) removes subsection (3) of section 17 because subsection (5)(b) incorporates the
effect of these provisions into new subsection (2A), and in doing so combines them with
equivalent provisions relating to UK Parliamentary elections in Great Britain, and local
government elections in England.
159 Subsection (6) amends Part 2 of Schedule 1 to the EA(NI)A 1989, which applies and modifies
provisions of the RPA 1983 for Northern Ireland. It ensures that these amendments extend to NI
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in the same way that they apply in Great Britain.
Clause 6: Registration: further provision about registration and participation in
elections
160 Clause 6 inserts schedule 1, which makes provisions relating to the registration of young people,
and their participation in elections.
Schedule 1 — Further provision about registration of young voters etc
Part 1 – Amendments of enactments
161 Paragraph 1 amends Schedule 5 to the ELA(NI) 1962, which sets rules for the conduct of local
elections in Northern Ireland.
162 Paragraph 1(a) amends rule 29, which concerns who may enter a polling station. Two
amendments are made. The first changes the age of people who may accompany voters to
polling stations is changed from “under the age of 18” to “under the age of 16”. The second
changes the duty on presiding officers to regulate the total numbers of voters and individuals
accompanying voters allowed into the polling station at once such that the maximum age of
individuals accompanying voters is acknowledged to be “under the age of 16”, in line with the
first change made by this subsection.
163 Paragraph 1(b) amends rule 36, which sets rules relating to voters with disabilities. The
amendment changes the minimum age of people who may act as a companion to a voter with
disabilities in polling stations from “18” to “16”.
164 Paragraph 1(c) amends form 10, which is the form through which an individual declares they
are a companion of a voter with disabilities. This amendment changes the form to reflect the
change made to rule 36 by paragraph 1(b).
165 Paragraphs 2 to 11 amend RPA 1983 as follows.
166 Paragraph 3 amends section 9 to remove the requirement for Electoral Registration Officers in
Scotland and Wales to record when electors on their local electoral register aged 16 or 17 will
attain the age of 18. These provisions may be removed as this Bill will cause the voting age for all
elections in Scotland and Wales to be 16, making it unnecessary to store such information.
Paragraph 3 also removes a cross-reference to a provision that has been repealed.
167 Paragraph 4(a) amends section 9A, inserting new subsection (2ZA) and (2ZB). Section 9A of the
RPA 1983 concerns inquiries which are care carried out by Electoral Registration Officers as part
of their duty to maintain complete and accurate electoral registers. New subsection (2ZA)
removes the requirement for Electoral Registration Officers to conduct house to house inquiries
for any individual under the age of 16: such provision was already in place for local elections in
Scotland and Wales, but until now was not necessary for UK parliamentary elections or local
government elections in England or Northern Ireland, as no one under the age of 16 could
previously be registered for those elections. This provision replaces the provision currently in
place in Scotland and Wales for devolved elections (which is omitted by paragraph 4(b) of this
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Schedule) and consolidates it into a single provision that applies for all elections across the UK,
devolved and non-devolved. New subsection (2ZB) prevents Electoral Registration Officers from
making telephone inquiries for any individual under the age of 16 for the purposes of the UK
parliamentary register, or for the register of local government electors in England.
168 Paragraph 5 amends section 9D(6) such that Electoral Registration Officers in Great Britain are
not required to conduct the annual canvass in respect of individuals who are detained in “youth
detention accommodation” – as defined in clause 2of this Bill. This change is consequential on
the amendment made to section 3 of RPA 1983 made by clause 2 and is consistent with the
exemptions to the Annual Canvass duties already in place with regards to convicted prisoners.
169 Paragraph 6 amends section 9E, inserting new subsection (5A). New subsection (5A) disapplies
the ability for Electoral Registration Officers to require individuals to submit an application for
registration where the individual is under the age of 16. This is because it is considered that
under 16s should not be compelled to register.
170 Paragraph 7 amends section 10(3) to the same effect as Paragraph 5, except that the change is
made in respect of the annual canvass conducted in Northern Ireland, instead of Great Britain.
171 Paragraph 8 amends section 13BD(1)(b)(ii) to reflect the change in the voting age in provisions
related to applications for an electoral identity document (also known as a Voter Authority
Certificate).
172 Paragraph 9 amends section 13BE(1)(b)(ii) to the same effect as paragraph 8, except that the
change is made in respect of applications for an anonymous elector’s document in Great Britain.
173 Paragraph 10 amends Schedule 1 to the RPA 1983, which sets rules for the conduct of
parliamentary elections.
174 Paragraph 10(a) amends rule 32, which regulates who may enter a polling station, in three ways.
First, it changes the age of people who may accompany voters to polling stations from “under
18” to “under 16”. Second, it changes the minimum age of an individual able to enter a polling
station for the purposes of returning a postal voting ballot paper or voting statement by hand to
16 instead of 18. Third, it changes the duty on presiding officers to regulate the total numbers of
voters and individuals accompanying voters allowed into the polling station at once such that
the maximum age of individuals accompanying voters is acknowledged to be “under 16”, in line
with the first change.
175 Paragraph 10(b) amends rule 39, which sets rules relating to voters with disabilities, such that
the minimum age of people who may act as a companion to a voter with disabilities in polling
stations is changed from “18” to “16”.
176 Paragraph 11 amends paragraph 3C of Schedule 2, placing a limit on the existing power of the
Secretary of State to make provision (in secondary legislation) to authorise or require Electoral
Registration Officers to take certain steps when conducting the canvass. The limit created by
paragraph 11 prevents that power from being used to require Electoral Registration Officers, as
part of steps taken in relation to the register of UK Parliamentary electors, or the local
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government register in England and Northern Ireland, to visit an address for the purpose of
speaking to an individual under 16. This reflects the change in paragraph 4 of this Schedule.
177 Paragraph 12 amends section 8(4) of the RPA 1985 such that individuals may act as a proxy voter
for the purpose of voting at UK Parliamentary elections in Northern Ireland from the age of 16,
rather than 18.
178 Paragraph 13 amends paragraph 3(3) of Schedule 2 to the Local Elections (Northern Ireland)
Order 1985, such that individuals may act as a proxy for an elector for the purpose of voting at
local elections in Northern Ireland and at elections to the Northern Ireland Assembly from the
age of 16, rather than 18.
179 Paragraph 14 amends paragraph 6 of Schedule 4 to the RPA 2000 such that individuals may act
as a proxy for an elector for the purpose of voting at UK Parliamentary elections and at local
government elections in Great Britain from the age of 16, rather than 18. This subsection also
removes text relating to local government elections in Wales and Scotland, as the text in question
is rendered unnecessary because this Bill will cause the age at which an individual may act as a
proxy voter to be consistent across all elections in the UK.
Part 2 – Alignment of registers
180 Part 2 of clause 6 Schedule 1concerns individuals who are registered to vote in Wales and
Scotland as ‘attainers’ or voters at devolved elections, but who are below voting age for reserved
elections until the commencement of this Act, and who are otherwise eligible to be registered to
vote in UK Parliamentary elections (e.g. they satisfy nationality requirements).
181 These provisions allow for this group to be added to the UK Parliamentary electoral register by
the Electoral Registration Officer, once the Electoral Registration Officer has assessed their
eligibility, after the voting age (and attainer age) for UK Parliamentary elections is lowered. The
purpose of these provisions is to remove the need for such individuals to re-apply to register to
vote, as Electoral Registration Officers already hold the information necessary to determine such
individuals’ eligibility to be registered as UK Parliamentary electors.
182 Paragraph 15(1) sets out the requirement for Electoral Registration Officers in Wales and
Scotland to add individuals to their UK parliamentary electoral register if they are a “qualifying
young person”.
183 Paragraph 15(2) defines “qualifying young person” as a person who, on the day that the voting
age is lowered to 16 for UK parliamentary elections is: (a) under the age of 18, (b) registered in
the electoral register for local government elections for which the Electoral Registration Officer
has responsibility, (c) not already registered in the UK parliamentary electoral register for which
the Electoral Registration Officer has responsibility, and (d) the Electoral Registration Officer is
satisfied that an individual is eligible to be registered as a UK parliamentary elector.
184 Paragraph 15(3) provides that the duty at paragraph 15(1) does not apply if an individual has
themselves made an application to be registered as a UK Parliamentary elector. This provision is
included to ensure that if an individual has made a more recent application to register to vote
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(for example to update their residential address), that application should be given precedence
over the duty at paragraph 15(1) to copy over older information from the local government
register.
185 Paragraph 15(4) provides that when an Electoral Registration Officer is assessing whether a
person meets the requirements in paragraph 15(2)(d), which is that they are eligible to be a
parliamentary voter, they should assess the individual’s circumstances as of the day that the
provisions in this Bill to lower the voting age take effect.
186 Paragraph 15(5) provides that, if the individual is registered anonymously, when the Electoral
Registration Officer adds this person to the UK parliamentary register, they should also be
added as an anonymous elector. Further, this paragraph provides that the expiry date for that
individual’s anonymous entry on the UK parliamentary register should be the same as it is for
the devolved register (for example, if at the point they are added to the UK parliamentary
register, the individual’s anonymous registration on the devolved register is due to expire in six
months, their entry on the UK parliamentary register will also be due to expire in six months).
187 Paragraph 15(6) provides that the RPA 1983 applies to entries made in the UK parliamentary
register on the basis of paragraph 15 of this Schedule, but modified as set out in paragraph
15(6)(a) to (f).
188 The effect of the modification in paragraph 15(6)(a) is that where an individual is added to the
UK parliamentary register on the basis of paragraph 15 of this Schedule and is under 16, their
entry shall note the date on which they will attain voting age, and they shall not be treated as an
elector until that date, unless an election is called where the date of the poll will fall on or after
that date. Paragraph 15(6)(b) provides for the same effect as paragraph 15(6)(a), but with respect
to those registered anonymously.
189 Paragraph 15(6)(c) modifies section 9 of the RPA 1983 so that, for the purposes of an Electoral
Registration Officer’s duty to maintain a register of electors, that duty applies to individuals
added to the UK parliamentary register on the basis of paragraph 15 of this Schedule.
190 Paragraph 15(6)(d) disapplies section 9E(1) of the RPA 1983 during the period when the
Electoral Registration Officer is determining whether to register a person under this paragraph.
Section 9E concerns the duty for Electoral Registration Officers to invite individuals to register to
vote when they become aware of an individual who may be entitled to be registered. This duty
is disapplied to individuals where the Electoral Registration Officer is determining whether that
individual may be added to the UK parliamentary register on the basis of paragraph 15 of this
Schedule. The purpose of this provision is to avoid an Electoral Registration Officer being
obliged to invite an individual to apply to register to vote when the effect of paragraph 15 of this
Schedule may make such an application unnecessary.
191 Paragraph 15(6)(e) provides that section 13A(1)(za), which requires an Electoral Registration
Officer to publish a notice of alteration when that Electoral Registration Officer has determined
that the register needs to be altered, applies to a determination under this paragraph.
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192 Paragraph 15(6)(f) provides for the extension of the existing right to appeal under section 56 of
the RPA 1983 against a registration decision to a decision to register or not to register a person
under paragraph 15.
193 Paragraph 15(7) defines terms used in this paragraph.
194 Paragraph 16 provides for the operation of the alignment process set out in paragraph 15 in
scenarios where electors have made either a declaration of local connection, or a service
declaration.
195 Paragraph 16(1) sets out that this paragraph applies to individuals with a “qualifying
declaration of local connection”, or a “qualifying service declaration”.
196 “Qualifying declaration of local connection” is defined in sub-paragraph (3) as a declaration of
local connection made in relation to registration as a local government elector in Wales or
Scotland on the basis of being (or having been) looked after by the local authority, or being kept
in secure accommodation or those who made their declaration of local connection only in
relation to a local government election because they were too young to be registered as an
attainer for a parliamentary election.
197 “Qualifying service declarations” are defined in sub-paragraph (5) and are those made in
relation to registration as a local government elector in Wales or Scotland on the basis of being
the child of a person with a service declaration, or where they were made only for a local
government election because they were too young to be registered as an attainer for a
parliamentary election.
198 Paragraph 16(2) provides that when an Electoral Registration Officer is considering whether an
individual with a qualifying declaration of local connection or qualifying service declaration
should be added to the UK parliamentary register on the basis of paragraph 15 of this Schedule,
they treat those declarations as if they were made for the purposes of registration for UK
parliamentary elections on the day that the provisions in this Bill to lower the voting age take
effect.
199 Paragraph 16(3) provides for modifications of certain provisions of the RPA 1983. Paragraphs
16(3)(a) and (c) together provide that the expiry date for that individual’s entry on the UK
parliamentary register on the basis of a qualifying declaration of local connection or qualifying
service declaration (both of which expire after 12 months) should be the same as it is for the
devolved local government electors register. For example, if at the point they are added to the
UK parliamentary register, the individual’s registration on the devolved register is due to expire
in six months, their entry on the UK parliamentary register will also be due to expire in six
months. Paragraphs 16(3)(b) and (c) together prevent the operation of paragraph 15 from
causing those declarations to expire, which would undermine the effect of paragraph 15.
200 Paragraph 16(4) provides the definition of “qualifying declaration of location connection” given
above.
201 Paragraph 16(5) provides the definition of “qualifying service declaration” given above.
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202 Paragraph 16(6) provides that the definition of “register of local government electors” and
“register of parliamentary electors” are the same as those in of paragraph 15.
203 Paragraph 17 provides for the operation of the alignment process set out in paragraph 15 in
scenarios where electors have an absent voting arrangement. This paragraph does not provide
for absent voting arrangements to be duplicated for the purposes of UK Parliamentary elections
or PCC elections (Wales only). Instead, paragraph 17(1) and (2) provides that where an
individual has been added to the UK parliamentary register on the basis of paragraph 15 of this
Schedule, and the individual has an absent voting arrangement (whether postal or proxy, and
whether for an indefinite period, a defined period, or for a particular election), the Electoral
Registration Officer must write to the elector. That communication must do three things. First, it
must state that the individual has been added to the register of UK Parliamentary electors.
Second, it must contain information about the effect of their current absent voting arrangement
(e.g. to state whether it is a proxy or postal arrangement, when it will expire, and to note that it
applies to devolved polls only). Third, it must contain information about how to make an
application for an absent vote for UK Parliamentary elections.
204 Paragraph 17(3) provides that the definition of “register of parliamentary electors” are the same
as those in of Paragraph 15
Protection of information relating to persons aged under 16
Clause 7: Prohibition on registration officers disclosing information
205 The purpose of clause 7 is to protect the personal information of individuals under the age of 16.
206 Subsection (1) prevents an Electoral Registration Officer from publishing, supplying, or
otherwise disclosing the “registration information” of anyone under the age of 16.
207 Subsection (2) provides that subsection (1) is subject to clause 8 and clause 9, and regulations
made under clause 13. Clauses 8 and 9 together set out specific scenarios in which the electoral
registration information of those under 16 may be supplied. Regulations under clause 13 may
make further provision.
208 Subsection (3) defines the term “registration information” as used in subsection (1). This is
defined as including all or part of an entry in either the “voters register”, the “absent voters
record”, or an “overseas electors list”. Examples of information in these lists includes (but may
not be limited to) name, date of birth, nationality, and residential address.
209 Subsection (4) defines the following five terms as used in clauses 8, 11, 12, 13 and 14:
a. “absent voters record” includes records for all types of absent vote for UK
Parliamentary elections, PCC elections, and local elections in England and Northern
Ireland, including proxy voting (including for a set period, an indefinite period, or for
a particular election), and postal voting (including for a set period, an indefinite
period, or for a particular election). It also includes records for individuals with
arrangements to sign recall petitions under RoMPA via post or proxy (whether for a
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set period, an indefinite period, or for a particular petition).
b. “overseas electors list” is a list of individuals registered as overseas electors for the
purpose of voting at UK Parliamentary elections and signing recall petitions (overseas
electors are not eligible to vote in any other UK elections).
c. “overseas elector’s declaration” is a declaration individuals must make when
applying to register to vote as an overseas elector. It is used here as part of the
definition of overseas electors.
d. “registration officer” includes Electoral Registration Officers appointed by each local
authority in Great Britain, and in Northern Ireland, the CEO (NI). It also includes
“petition officers” for recall petitions, who in Great Britain is the relevant Returning
Officer, and in Northern Ireland is the CEO (NI).
e. “voters register” is defined as the register of UK Parliamentary electors across all
parts of the UK, the register of local government electors in England and Northern
Ireland, any notice of alteration to those registers, or a register of voters entitled to
sign a recall petition.
210 Subsection (5) provides that references to “registration officer” in this clause includes a deputy
Electoral Registration Officer, and a person assisting the Electoral Registration Officer, for
example regular members of staff in the Electoral Registration Officer’s office or those who may
assist on a temporary basis.
Clause 8: Exceptions from prohibitions on disclosure
211 Clause 8 sets out limited circumstances in which the prohibition on disclosure of the information
of 14- and 15-year-olds created by clause 7 does not apply.
212 Subsection (1) provides that the prohibition created by clause 7 does not prevent disclosure of
information to a particular individual (the “recipient”) for the purposes of the recipient carrying
out duties connected to the registration of electors (including for the purposes of a recall
petition), or for the conduct of an election (including a recall petition, local government
referendum, or parish poll). This is to ensure that Electoral Registration Officers can carry out
their registration functions and that information from the registers can be delivered to Returning
Officers and others involved in running elections, referendums and petitions, to enable them to
verify that a person is entitled to receive a ballot paper or sign a petition.
213 Subsection (2) provides that the prohibition created by clause 7does not prevent disclosure of
information if such disclosure would be required in order to comply with one of the ‘supply
enactments’ listed in clause 11 (the meaning of ‘supply enactments’ is explained further in the
explanatory notes for that clause, below).
214 Subsection (3) places a limit on the exception created by subsection (2), in that such disclosure of
the information of an individual under the age of 16 may only be made for the purposes of or in
connection with a poll at which the individual in question will be old enough to vote. Such
provision is made in order to allow individuals who will attain voting age either on or shortly
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before the date of a poll to receive materials (e.g. campaigning materials) which are relevant to
the poll in question. Subsection (3) does however further prescribe that such disclosures must
not contain information from which the date of birth of an individual may be ascertained. This
means that the date on which the person will attain the voting age cannot be included in the
information disclosed.
215 Subsection (4) provides that the prohibition created by clause 7 does not prevent disclosure of
information which is necessary for the purpose of a criminal investigation or proceedings related
to an offence which is related to the registration of electors or conduct of elections, recall
petitions, referendums or parish polls (for example in relation to offences of providing false
information to an Electoral Registration Officer).
216 Subsection (5) provides that the prohibition created by clause 7does not prevent disclosure of
information to the Security Service (MI5), the Government Communications Headquarters
(GCHQ), or the Secret Intelligence Service (MI6).
217 Subsection (6) provides that the prohibition created by clause 7does not prevent disclosure of a
person’s information to an individual who has been appointed to act as that person’s proxy.
218 Subsection (7) defines the term “local government referendum” used in this clause. It is defined
as including local authority governance referendums, council tax referendums, and referendums
relating to neighbourhood development plans. All of these referendums apply in England only.
Clause 9: Exceptions for combined information
219 The purpose of clause 9 is to provide that the prohibition on disclosure of information created by
clause 7 does not prevent the disclosure of information held in the combined electoral registers,
if relevant devolved legislation allows for such information to be disclosed. Such provision is
made because reserved and devolved electoral registers are held in practice in a single combined
register or record: this is referred to in this clause as “combined voters information” and
“combined absent voters information”.
220 Subsection (1) defines “combined voters information” and “combined absent voters
information”. “Combined voters information” is defined as all or part of an entry in a register
where the entry relates to a person who is on the register for both UK Parliamentary elections
and for local government elections in Scotland or Wales, and where those entries are combined.
That definition also includes notices of an alteration to the register. “Combined absent voters
information” is defined as all or part of an entry in a record kept for the purposes of absent
voting, where the record concerns both UK Parliamentary elections and local government
elections in Scotland or Wales.
221 Subsection (2) provides that the prohibition on disclosure of information created by clause 7
does not prevent the disclosure of information held in the combined electoral registers, if
relevant devolved legislation – listed at subsection (1)(a) and (b) - allows for such information to
be disclosed.
222 Subsection (3) ensures that subsection (2) may only be used if the disclosure of such information
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would not have been permitted under clause 8. This subsection is included to ensure that, if an
exception in clause 8 would apply to disclosure, that clause 8 is relied upon instead of this
clause. The purpose of this subsection is to ensure that restrictions placed on disclosure under
clause 8 (such as restrictions on onward disclosure put in place by clause 12) apply.
223 Subsection (4) provides that in a scenario where disclosure is permitted both by clause 8 of this
bill (or regulations made under clause 13) and section 25 of SE(W)A 2020 or the SE(RVA)A 2015,
any restrictions attached to such information in the relevant Scottish or Welsh Act would apply
(for example a restriction on further disclosure by the recipient of the information), even if there
were no such equivalent restriction in this Bill (or regulations made under this Bill).
Clause 10: Exceptions for combined information under devolved legislation
224 The purpose of clause 10 is to make equivalent and inverse provision to clause 9. That is, where
if relevant devolved legislation prevents a disclosure, but relevant reserved legislation does not
prevent it, disclosure is permitted.
225 Subsections (1) to (4) insert a new section – section 14A – into the Scottish Elections (Reduction
of Voting Age) Act 2015. New section 14A makes an equivalent provision as subsections clause 9
(2) to (4) regarding disclosure of information governed by that Act. Whereas subsection (2) of
clause 9 provided that clause 7 does not prevent disclosure of combined registration information
if relevant devolved legislation allows such a disclosure, the new section 14A created by
subsections (1) to (4) of this clause provide that section 12 of that Act, which is the equivalent
prohibition to clause 7 does not prevent disclosure of combined registration information where
such disclosure is permitted by clause 8 (or regulations made under clause 13) of this bill.
Included in this provision – at new section 14A(3) – is an equivalent provision to clause 9(3),
which provides that disclosure under new section 25A may only be made if the disclosure of
such information would not have been permitted under existing section 25 of that Act. Finally,
this provision includes – at new section 14A(4) - an equivalent provision to clause 9(4). When
read alongside clause 9(4), the combined effect is that, in a scenario where a disclosure is
permitted by both clause 8 of this Bill and section 14 (or regulations made under section 15) of
the Scottish Elections (Reduction of Voting Age) Act 2015, any restrictions attached to such
information, from either piece of legislation, would apply.
226 Subsections (5) to (9) insert a new section – section 25A – into the Senedd and Elections (Wales)
Act 2020. New section 25A makes an equivalent provision to subsections (1) to (4), but with
regards to disclosure of information governed by that Act.
Clause 11: Meaning of “relevant supply enactment”
227 Clause 11 sets out the supply enactments where the prohibition created by clause 7 does not
apply, and as such the information of individuals under the age of 16 may be provided. The
disclosures allowed by this subsection are subject to the limits put in place by clause 8 subsection
(3), which means that they can only be disclosed for purposes relating to an election (or recall
petition or referendum) at which that person will be entitled to vote or sign, and must not
contain information allowing the recipient to learn the date of birth of the individual. This
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provision is to allow the personal information of individuals under the age of 16 to be protected,
whilst also allowing individuals who will be old enough to vote in specific polls to be subject to
campaigning (e.g. to be sent campaigning literature) relating to that poll.
228 Subsection (1)(a) lists four provisions under which the information of individuals under the age
of 16 on the electoral register in England and Wales may be provided. The first allows records of
postal and proxy voters under the age of 16 to be shared upon request with a candidate or
political party. The second allows information of individuals under the age of 16 to be shared
with the EC. The third allows information of individuals under the age of 16 to be shared with
the Boundary Commission. The fourth allows information of individuals under the age of 16 to
be shared with candidates (but not parties) upon request.
229 Subsection (1)(b) and (c) provide for the information of individuals under the age of 16 on the
electoral register to be shared in the same four circumstances as the previous subsection, but
with reference to Scotland and Northern Ireland respectively.
230 Subsection 1(d) provides for the information of individuals under the age of 16 on the electoral
register to be shared for the same reason as subsection (1)(a)(iv) above – sharing with candidates
upon request – but for the purposes of PCC elections.
231 Subsection 1(e) provides for four situations in which the information of individuals under the
age of 16 on the electoral register may be provided in the context of a recall petition under
RoMPA. The first allows information of individuals under the age of 16 to be provided to
registered parties (excluding minor parties as defined in section 160(1) of PPERA). The second
allows information of individuals under the age of 16 to be provided to the MP to whom the
petition relates. The third allows information of individuals under the age of 16 to be provided
to the EC. The fourth allows information of individuals under the age of 16 to be provided to
“accredited campaigners”, as defined in Part 5 of Schedule 3 to RoMPA.
Clause 12: Prohibition on onward disclosure of information
232 Clause 12 prevents individuals who receive information under certain parts of clause 8from
passing that information on, and provides that contravention of this prohibition is a criminal
offence and may result in a fine.
233 Subsection (1) that when information is disclosed under subsections (1), (4) or (6) of clause 8–
that is for the purpose of electoral registration or conduct, criminal investigation, or to a
nominated proxy respectively – the recipient must not pass that information on other than as is
specifically allowed in those subsections of clause 8. In circumstances where multiple exceptions
to disclosure of information might accurately describe a given situation, the prohibitions to
onward disclosure created by this clause are drafted to allow individuals to consider which
exception they wish to ‘rely’ on. This prevents a situation where they may be unduly prevented
from further disclosing information simply because particular circumstances happen to fall
within more than one of the exceptions created by clause 8.
234 Subsection (2) provides for the criminal offence.
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Clause 13: Power to make further provision about disclosure of information
235 Clause 13 subsection (1) creates a power for the Secretary of State to make regulations
concerning “protected information”.
236 Subsection (2) defines “protected information” as information described in section 7(1).
237 Subsections (3) to (5) set out the different types of changes which the power created by this
clause may, and may not, be used to make.
238 Subsection (3)(a) provides that provision can be made permitting disclosure to additional
recipients, and (b) enables provision to be made about the purposes for which that information
may or may not be shared. Subsection (3)(c) specifies that the power may be used to restrict with
whom people who have received protected information may share that information, and what
people who have received protection information may do with it. Subsection (3)(d) builds on
(3)(c) by specifying that the power may be used to create equivalent restrictions as may be made
through (3)(c), but in respect of individuals who have received protected information by virtue
of it being ‘passed on’ on the basis of regulations made via (3)(c). Subsection (3)(e) specifies that
the power may be used to include additional restrictions on supply or disclosure by any other
persons involved in preparation of an electoral register, a recall petition register, an absent
voters record, or an overseas electors list.
239 Subsection (4)(a) specifies that the power may be used to provide for different requirements or
restrictions for different purposes. Subsection (4)(b) provides that the power may be used to
amend the disclosure provisions (other than the regulation making power, or clause 10, which
amends devolved legislation). Subsection (4)(c) provides that the power may be used to apply
other enactments relating to the supply or disclosure of the listed information, which is the same
type of information covered here. Subsection (4)(d) provides that the power may be used to
create offences but this can only be used to create an offence punishable by fine (of the same
level as the offence in these clauses), not imprisonment. Subsection (4)(e) provides that the
power may be used to make incidental, supplemental, consequential, transitional, transitory or
saving provision.
240 Subsection (5) provides that the power may only be used to add or vary the definitions of
“registration information”, “voter’s register”, “absent voters record”, or “overseas electors list”
given in clause 7, or to omit new descriptions that were added by regulations made under this
clause. This is to ensure that new types of record can be added into the protections of clause 7, if
these are created, but that none of the records or lists currently included in clause 7 can be
removed by regulations and lose the benefit of the protection of this clause.
241 Subsection (6) requires that before this power is used, the Secretary of State must consult the EC,
and anyone else the Secretary of State considers appropriate.
242 Subsection (7) applies the draft affirmative parliamentary procedure.
Clause 14: Interpretation of sections 7 to 13
243 Clause 14 defines the terms used in clauses 7 to 13.
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244 Subsection (2) provides that the definitions of the terms “absent voters record”, “overseas
electors list”, “registration officer”, “registration information” and “voter’s register” which are
used in in clauses 7 to 13 are the same as the definitions given for those terms at clause 7.
245 Subsection (3) defines “enactment” as used in in clauses 7 to 13 as including: (a) provision in a
statutory instrument made under an Act of the UK Parliament, (b), provisions in an Act,
Measure, or an instrument made under an Act or Measure of Senedd Cymru, (c) provisions in an
Act or a an instrument made under an Act of the Scottish Parliament, or provisions in, or a
statutory instrument made under, Northern Ireland legislation.
246 Subsection (4) defines “local government election” as used in clauses 7 to 13 as elections within
the meaning of section 191, 203 or 204 of RPA 1983. That is, City of London corporation
elections, local government elections in England and Wales, and local government elections in
Scotland.
247 Subsection (5) defines “recall petition” as used in in clauses 7 to 13 as having the same meaning
as is given in section 1(2) RoMPA. That is, a petition calling for an MP to lose their seat in the
House of Commons, or a petition calling for a UK Parliamentary by-election.
248 Subsection (6) defines “recall petition process” as the process for dealing with a recall petition.
Duty to raise awareness and provide assistance
Clause 15: Duty to raise awareness and provide assistance: Great Britain
249 The purpose of clause 15 is to create a duty for local authorities to assist certain young people in
Great Britain to register to vote. This duty is intended in particular to assist individuals who may
need to make a declaration of local connection when registering to vote.
250 Subsection (1) creates a duty for local authorities in England, Wales or Scotland to take steps that
the authority considers necessary to promote awareness among “relevant young people” of the
arrangements for registration as a UK parliamentary elector, and to assist such people to register
as parliamentary electors.
251 Subsection (2) creates an identical duty as subsection (1) but which is limited to England, and
which concerns the local government register in England. Comparable duties already exist for
Wales and Scotland.
252 Subsection (3) defines the term “relevant young people” as used in this clause. “Relevant young
people” is defined, in relation to a local authority, as: (a) a person who is a “child looked after by
the local authority”, or (b) a person (other than a person within (a)) who is eligible for continuing
care from that local authority. This subsection also provides that individuals who are prevented
from voting due to being either a convicted prisoner or an offender in a mental hospital (as
defined at sections 3 and 3A of RPA 1983 respectively) are not included in the definition of
“relevant young people”.
253 The effect of subsection (3), in combination with clause 4(3), is to ensure that where an
individual is registered to vote on the basis of a declaration of local connection, and is a looked
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after child, the duty created by this clause will apply to the same local authority which has
responsibility for the electoral registration of that individual, even when the individual is
housed at an address outside of that local authority area.
254 Subsection (4) defines the term “child looked after by the local authority” which is used in
subsection (3) of this clause as part of the definition of “relevant young people”.
255 Subsection (5) defines the term “young person eligible for continuing care from a local
authority” which is used in subsection (3) of this clause as part of the definition of “relevant
young people”.
256 Subsection (6) defines the term “local authority” which is used in this clause.
Clause 16: Duty to raise awareness and provide assistance: Northern Ireland
257 The purpose of clause 16 as the same as that of clause 15, but applies to Northern Ireland
instead of Great Britain. The nature of the duty is the same: that is, to take the steps considered
necessary to both promote awareness among “relevant young people” of the arrangements for
registration as a UK parliamentary elector, and to assist such people to register.
258 As with the duty in clause 15 as it applies to England, the duty created by this clause concerns
registration for both the UK Parliamentary register, and the register of local electors, but in
Northern Ireland.
259 As with the duty in clause 15, the definition of “relevant young people” includes looked after
children, and those eligible for continuing care, but excludes those who are prevented from
voting due to being either a convicted prisoner or an offender in a mental hospital (as defined at
sections 3 and 3A of the RPA 1983 respectively).
260 The definitions of looked after children and those eligible for continuing care are given in
subsections (2) and (3) of this clause, and refer to comparable parts of Northern Ireland child
social care legislation as are given in clause 15 for England, Scotland, and Wales.
261 The duty created by this clause differs from that in clause 15 in that instead of applying the duty
to the local authority, it is applied to Health and Social Care trust (as defined in subsection (4) of
this clause).
Part 2: Registration of voters
Registration, and alteration of registers, without an application
Clause 17: Registration without an application
262 Clause 17(1) would insert new clauses 12A, 12B, 12C and 12D to the RPA 1983.
12A Duty to register certain electors without an application
263 Subsection (1) of new section 12A provides for a new duty for registration officers to register
certain people, in the relevant register which the officer maintains, using data obtained by the
registration officer, without those individuals having submitted an application. To be able to do
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this, the officer must be satisfied that the criteria set out in the subsection have been met
including that the person has been given notice of the registration officer’s intention to register
them. Furthermore, either the response period specified in the notice must have ended, or the
person must have confirmed during the response period that they wish to be registered under
this section.
264 The definition of what is meant by the term “relevant register” is set out in subsection (2). The
term refers to any relevant register of electors in the UK (as defined by the RPA 1983 and
Interpretation Act 1978), except for registers of local government electors in Wales and Scotland.
265 The exceptions to the duty to register certain people without an application are described in
subsection (3). It sets out that a registration officer should not register a person if during the
response period; (a) a person notifies the officer that they do not wish to be registered in this
manner, in the register maintained by the officer and to which the notice relates; (b) the
registration officer receives an application from a person who appears to the officer to be the
recipient of a notice, requesting to be registered in the register maintained by the officer and to
which the notice relates; (c) the registration officer has received an application via a Northern
Ireland canvass form, for registration in the register maintained by the registration officer and to
which the notice relates; (d) a person notifies the registration officer that they: (i) intend to make
an application for registration in the register maintained by the registration officer and to which
the notice relates; (ii) wish to make an application be registered in a register of electors with an
anonymous entry; (iii) wish to be registered in a register of electors in pursuance of a declaration
of local connection, a service declaration or an overseas elector’s declaration.
266 The exception in subsection (3) for those wishing to be registered anonymously is provided to
prevent vulnerable people being put at risk by their names or addresses being included on the
full register without having made an application. Declarations of local connection are for those
who have no fixed or permanent address, or are homeless. Members of the forces (as well as
those employed in the service of the Crown or by the British Council in a post outside the UK)
and their spouse or civil partner may choose to register as service voters, which reflects the
itinerant nature of these positions. Where another entry is made in respect of someone registered
with a service declaration or declaration of local connection, then they are no longer eligible to
be registered in such a way. These groups are therefore not included among those entitled to be
registered without an application, to reduce as far as possible the risk of a person with an
existing service declaration or declaration of local connection (on a register other than the one
maintained by the ERO), being directly registered without their knowledge, which could lead to
their declaration ceasing to have effect..
267 Eligible British citizens who live overseas and have previously been registered to vote in the UK
or have lived in the UK, can register to vote in UK Parliamentary elections as an overseas elector.
The use of the term 'British citizen' refers to whether a person is considered a British citizen as a
matter of UK law and applies equally to Irish citizens born in Northern Ireland. An overseas
elector’s declaration becomes invalid should they be registered at a different address, so they are
also exempted under subsection (3) from being registered without an application, to help avoid
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this happening.
268 As part of applying for any of these exempted types of registration (as set out in subsection
(3)(d)(ii) and (iii)), unlike other types of registration, applicants are also required to provide
specific additional information to the registration officer, which would be unobtainable as part
of the process of registering people without an application.
269 The exception in subsection (3)(d)(i), which relates to a person who has notified the registration
officer that they intend to apply to be added to the register maintained by the officer, is intended
to allow individuals to choose to make their own application, should they so wish.
270 Paragraph (a) of subsection (4) makes it clear – by reference to paragraph (a) of subsection (3) -
that a notification from a person stating that they do not wish to be registered under this section,
includes a notification which indicates this by any means, whether or not it refers specifically to
this section.
271 Paragraph (b) of subsection (4) explains that the reference to a “register of electors” in subsection
(3)(d)(ii) and (iii), includes a register of local electors in Northern Ireland (as defined in section
130 of the ELA(NI) 1962).
12B Notice of duty to register under section 12A
272 Subsections (1) to (4) of the new section 12B set out the requirements which must be followed by
a registration officer when providing a person with notice of the officer’s intention to register
that person without having received an application from them (using the powers provided by
new section 12A).
273 Where a registration officer is aware of the name and address of an unregistered person who
appears to be of voting age and eligible to be added to a relevant register maintained by that
officer, subsection (1) requires the officer to provide notice to that person of their intention to
register them. Exceptions to this are set out in subsection (2).
274 Subsection (2) advises that no notice should be provided, where (a) a registration officer has a
record (kept under new section 12D) that the person does not wish to be registered in this
manner in the register maintained by the officer, (b) the officer has received an (as yet
unprocessed) application to be added to the register maintained by the officer, which was made
by someone who appears to the officer to be that person (c) an application has been received via
a Northern Ireland canvass form in relation to the register maintained by the officer and the
application has not yet been determined, or (d) the officer has reason to believe that the person
intends to make an application to be registered on the register maintained by the officer or
wishes to be registered in a relevant register anonymously, using a declaration of local
connection, as a service voter or as an overseas elector. These exceptions are provided due to the
particular additional requirements or regulations attached to the registration of these categories
of elector.
275 The exception in subsection (2)(d)(i), which relates to a person who has notified the registration
officer that they intend to apply to be added to the register maintained by the officer, is intended
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to allow individuals to choose to make their own application, should they so wish
276 The requirements for the written notice sent under subsection (1) are described in subsection (3).
These requirements include setting out:
a. A statement that the registration officer has a duty to register people who appear to
them to be of voting age and entitled to be registered in the register maintained by
the officer;
b. Information about the exceptions to that duty;
c. A response period (beginning with the day on which the notice is given) for the
person to respond to the notice;
d. The effect if, during the response period, the person confirms that they wish to be
registered under section 12A; and
e. The registration application options available to the person being notified (including
in relation to an anonymous entry, a declaration of local connection, a service
declaration or an overseas elector’s declaration.
277 Subsection (4) states that the notice can relate to more than one register maintained by the
registration officer.
278 Subsection (5) allows for regulations to be made that set out requirements in relation to the
notices issued under the powers in subsection (1) of 12B.
279 Information about what the regulations referred to in subsection (5) may provide for, is set out
in a non-exhaustive list in subsection (6), including the form of the notice, how the notice is
given, the length of the response period and additional information which must be included in
the notice.
280 Subsection (7) refers back to the definition of “relevant register” set out at 12A(2), which also
applies to this new section.
281 Subsection (8) confirms that for the purposes of assessing eligibility under subsection 12B(1)(c),
entitlement will be determined by the person’s eligibility status on the date on which it is
assessed.
282 Subsection (9) explains that the reference to a “register of electors” in subsection (2)(d)(ii) and
(iii), includes a register of local electors in Northern Ireland (as defined in section 130 of the
ELA(NI) 1962).
12C Notice of person not being registered under section 12A
283 Where a registration officer has issued a notice under section 12B(1) of their intention to register
a person and then subsequently establishes that the person does not meet the criteria in terms of
age or eligibility, to be added to the register maintained by the registration officer, then
subsection (1) requires the officer to issue that person with another notice to advise them that
they will not be registered.
284 Subsections (2) and (3) require that the notice under 12C(1) be issued in writing as soon as
reasonably practicable, after the response period set in the original notice has ended.
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285 Subsection (4) allows for regulations to be made that set out requirements in relation to the
notices issued under the powers in subsection (1).
286 A non-exhaustive list of what the regulations referred to in subsection (4) may provide for, are
set out in subsection (5), including the information which must be included in the notice.
287 Subsection (6) refers back to the definition of “relevant register” set out at 12A(2), which also
applies to this new section.
12D Record of notices under sections 12B(1) etc
288 When a registration officer issues a notice under section 12B(1) to notify a person of the officer’s
intention to register the person on the register maintained by the registration officer, registration
officers are required by subsection (1) of new section 12D to keep a record of any notices they
have sent.
289 The contents of the record required by subsection (1) of the new section 12D are set out in
subsection (2).
290 The registration officer is permitted by subsection (3) of new section 12D to include in their
records of the notices made under new section 12B(1), any additional information which they
consider relevant in relation to their duties under new sections 12A, 12B and 12C.
291 Subsection (4) of new section 12D stipulates that the record of the notices issued under new
12B(1) does not need to be kept for longer than a 5 year period, which begins the day after the
last day of the response period specified in the notice.
292 It is a requirement of subsection (5) that a registration officer must keep a record of any
notifications received by the registration officer or their predecessor, which contain that person’s
name and address and advise that the person who notified the registration officer does not want
to be registered without submitting an application, whether or not the notification was received
in response to new 12B(1).
293 Subsection (6) provides that the record of each notification required to be kept by the registration
officer under subsection (5) must contain the name and address of the person who provided the
notification, the date the notification from them was received and the register to which the
notification was related.
294 The registration officer is permitted by subsection (7) to include in their records of notices made
under new section 12B(1), any additional information which they consider relevant in relation to
their registration and notice giving duties under new sections 12A and 12B. Subsection (8)
clarifies that the registration officer does not have to keep a record of this notification longer
than 5 years, starting from the day on which the notification was received. In line with
subsection (9), a registration officer must keep such a record referred to in subsection 5, whether
or not the person responding has specifically referred to new section 12A in relation to the
prospect of being registered without an application.
295 Subsection (10) states that a registration officer will have complied with subsections (1) and (5)
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of new section 12D if they have taken all reasonable steps to keep the required records.
296 Clause 15(2) inserts references to the new sections 12A, 12B, 12C and 12D of the RPA 1983 into
Part 1 of Schedule 1 to EA(NI) 1989 (provisions of RPA 1983 applied) so that these sections of the
RPA 1983 will also apply to local elections and local government registration in Northern
Ireland.
Clause 18: Alteration of registers without an application
297 Clause 18(1) would insert new clauses 12E, 12F, 12G and 12H to the RPA 1983.
12E Duty to alter entries in certain registers without an application
298 New section 12E subsection (1) creates a duty for registration officers to change a person’s name
and/or address in the relevant register which the officer maintains, if the registration officer has
become aware that the person’s name or address have changed and no longer match their
registration entry. To be able to do this, the officer must be satisfied that the criteria set out in the
subsection have been met including that the person appears to the registration officer to be of
voting age and entitled to be registered in the register maintained by the register officer in
respect of the new name or address, the person has been notified of the registration officer’s
intention to update the register with the new name and/or address and either the response
period specified in the notice has ended, or the person has confirmed during the response period
that they wish the alteration specified in the notice to be made
299 The definition of “relevant register” is set out in subsection (2). The term refers to any relevant
register of electors in the UK (as defined by RPA 1983 and Interpretation Act 1978), except for
registers of local government electors in Wales and Scotland.
300 The exceptions to the duty to alter a person’s entry without an application, where their name or
address have changed, are described in subsection (3). This subsection sets out that a registration
officer should not alter an entry if during the response period; (a) the person notifies the officer
that they do not wish their entry to be altered in this manner, in the register maintained by the
officer and to which the notice relates; (b) the person notifies the officer that they intend to make
an application for the alteration to be made to their entry in the register maintained by the officer
and to which the notice relates; (c) the registration officer receives an application from a person
who appears to the officer to be the recipient of the notice, requesting that the alteration be made
to their entry in the register maintained by the officer and to which the notice relates; (d) the
person notifies the registration officer that they (i) wish to be registered in a relevant register of
electors with an anonymous entry; or (ii) wish to be registered in a relevant register of electors in
pursuance of a declaration of local connection, a service declaration or an overseas declaration;
or (e) the registration officer has received an application from a person who appears to the
officer to be the recipient of the notice, to be registered in a register of electors as an anonymous
entry, or in pursuance of a declaration of local connection, a service declaration or an overseas
declaration.
301 The exception in subsection (3) for those who have applied or wish to be registered
anonymously, is provided to prevent vulnerable people being put at risk, if their names or
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addresses were to be altered on the register without having made a request for such alterations.
Declarations of local connection are for those who have no fixed or permanent address, or are
homeless. Members of HM forces (as well as those employed in the service of the Crown or by
the British Council in a post outside the UK) and their spouse or civil partner may choose to
register as service voters, which reflects the itinerant nature of these positions. The alteration of
these persons’ entries on an electoral register without an application, risks errors being
unintentionally made to entries, as there are likely to be challenges in contacting them.
Therefore, they are not included among those entitled to have their name or address altered
without an application.
302 Eligible British citizens who live overseas and have previously been registered to vote in the UK
or have lived in the UK, can register to vote in UK Parliamentary elections as an overseas elector.
An overseas elector’s declaration becomes invalid should they be registered at a different
address, so they are exempted under subsection (3) to help avoid this happening.
303 Paragraph (a) of subsection (4) specifies that the reference in paragraph (a) of subsection (3) to a
notification from a person stating that they do not wish an alteration to made under this section,
includes a notification which indicates this by any means, whether or not it refers to this section.
Paragraph (b) of subsection (4) explains that the reference to a “register of electors” in subsection
(3)(d), includes a register of local electors in Northern Ireland (as defined in section 130 of the
ELA(NI) 1962).
12F Notice of duty to alter entries under section 12E
304 Subsections (1) to (4) of the new section 12F set out the requirements which must be followed by
a registration officer when providing a person with notice of the officer’s intention to alter that
person’s entry in the register without having received an application for alteration from them
(using the powers provided by new section 12E).
305 Where a registration officer is made aware that the name and/or address of a registered person
who appears to be of voting age and still be eligible to be on the relevant register, subsection (1)
requires the officer to notify that person of this and of the intention to update their details on the
register. Exceptions to this are set out in subsection (2).
306 Subsection (2) advises that no notice should be provided, where (a) a registration officer has a
record (kept under new section 12H) that the person has already notified the officer (or their
predecessor) that they do not wish an alteration reflecting the new name or address to be made
in this manner, to the register maintained by the registration officer; (b) the officer has reason to
believe the person intends to apply for the alteration to be made to the register maintained by
the officer, or (c) the officer has received an application for an alteration to be made to the
register maintained by the officer, from someone who appears to be that person but it is yet to be
processed.
307 Under subsection (2), the requirement to provide notice, which is the start of the alteration
process, also does not apply to those who have an anonymous entry in the register maintained
by the registration officer, or who have an entry in the same register made in pursuance of a
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declaration of local connection, a service declaration or an overseas elector’s declaration. The
requirement to provide notice also does not apply to those persons where the officer has reason
to believe that the person intends to make an application to be registered anonymously on a
relevant register, or registered in a relevant register in pursuance of a declaration of local
connection, a service declaration or an overseas elector’s declaration. Where the officer has
received an application for an anonymous entry in pursuance of a declaration of local
connection, a service declaration or an overseas elector’s declaration from someone who appears
to be that person but it is yet to be processed, then the requirement to provide a notice is also
disapplied. These exceptions are provided due to the particular additional requirements or
regulations attached to altering entries of these categories of elector.
308 The requirement to provide notice under subsection (1) also does not apply to those persons
who the officer has reason to believe, wish to be registered in a relevant register anonymously,
using a declaration of local connection, as a service voter or as an overseas elector. These
exceptions are provided due to the particular additional requirements or regulations attached to
the registration of these categories of elector.
309 The requirements for the notice sent under subsection (1) are described in subsection (3). The
notice must:
a. be in writing;
b. state the registration officer’s duty to alter a person’s name or address in the register,
where the officer is aware that the person’s name or address has changed and it appears
to the registration officer that the person is of voting age and eligible to be registered - in
the register maintained by the officer and to which the notice relates - under the new
name or address (or both);
c. provide information about the exceptions to the duty to alter entries in certain registers
without an application;
d. specify the response period (starting on the day on which the notice is given);
e. explain what would happen if the person confirms during the response period, that they
agree to the alteration set out in the notice being made under section 12E;
f. provide information about making an application for alteration under section 10ZD or
10A(4) as appropriate;
g. provide information about making an application for registration in a relevant register,
with an anonymous entry, or in pursuance of a declaration of local connection, a service
declaration or an overseas elector’s declaration
310 Subsection (4) states that the notice can relate to more than one register maintained by the
registration officer.
311 Information about what the regulations referred to in subsection (5) may provide for, is set out
in a non-exhaustive list in subsection (6), including the form of the notice, how the notice is
given, the length of the response period and additional information which must be included in
the notice.
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312 Subsection (7) refers back to the definition of “relevant register” set out at 12E(2), which also
applies to this new section.
313 Subsection (8) explains that the reference to a “register of electors” in subsection (2)(d)(ii) and
(iii), includes a register of local electors in Northern Ireland (as defined in section 130 of the
ELA(NI) 1962).
12G Notice of entry in register not being altered under section 12E
314 Where a registration officer has issued a notice under section 12F(1) of their intention to alter a
person’s name or address and then subsequently establishes that the person does not meet the
criteria, in terms of age or eligibility to be registered in the register maintained by the
registration officer, under the new name or address, then subsection (1) requires the officer to
issue that person with another notice to advise them that their entry will not be altered.
315 Subsections (2) and (3) require that the notice under 12G(1) be issued in writing as soon as
reasonably practicable, after the response period set in the original notice has ended.
316 Subsection (4) allows for regulations to be made that set out requirements in relation to the
notices issued under the powers in subsection (1).
317 A non-exhaustive list of what the regulations referred to in subsection (4) may provide for, are
set out in subsection (5), including the form of the notice, how the notice is given and
information that must be included in the notice.
318 Subsection (6) refers back to the definition of “relevant register” set out at 12E(2), which also
applies to this new section.
12H Record of notices under section 12F(1) etc
319 When a registration officer issues a notice under section 12F(1) to notify a person of the officer’s
intention to update the person’s entry on the register maintained by the registration officer,
registration officers are required by subsection (1) of new section 12H to keep a record of any
notices they have sent.
320 The contents of the record required by subsection (1) of the new section 12H are set out in
subsection (2).The information to be included in the record includes the name and address of the
recipient, whether their register entry was altered under section 12E and if no alteration was
made, the reason why.
321 The registration officer is permitted by subsection (3) of new section 12H to include in their
records of notices made under new section 12H(1), any additional information which they
consider relevant in relation to their duties under new sections 12E, 12F and 12G – namely to
alter entries of certain people without an application (as per 12E), to provide notice of that (as
per 12F) and to provide a notice should it come to light that the person in receipt of the first
notice is not eligible (as per 12G).
322 Subsection (4) of new section 12H stipulates that the record of notices issued under 12F(1) does
not need to be kept for longer than a 5 year period, which begins the day after the last day of the
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response period specified in the notice.
323 It is a requirement of subsection (5) that a registration officer must keep a record of any
notifications received by the registration officer or their predecessor, which contain that person’s
name or address and advise that the person who notified the registration officer does not want
their details on the register to be changed in the manner set out in new section 12E, whether or
not the notification was received in response to 12F(1).
324 Subsection (6) provides that the record of each notification required to be kept by the registration
officer under subsection (5) must contain the name and address of the person who provided the
notification, the date the notification from them was received, the register to which the
notification was related and whether the notification related to the alteration of the person’s
name or address (or both).
325 The registration officer is permitted by subsection (7) of new section 12H to include in their
records of notices made under new section 12H(5), any additional information which they
consider relevant in relation to their duties under 12E and 12F – namely to alter entries of certain
people without an application (as per 12E), to provide notice of that (as per 12F) and to provide a
notice should it come to light that the person in receipt of the first notice is not eligible to be
registered to vote (as per 12G). Subsection (8) clarifies that the registration officer does not have
to keep a record of this notification longer than 5 years, starting from the day on which the
notification was received. In line with subsection (9), a registration officer must keep such a
record referred to in subsection 5, whether or not the person responding has specifically referred
to 12E and the prospect of their details being altered.
326 Subsection (10) states that a registration officer will have complied with subsections (1) and (5)
of new section 12H, if they have taken all reasonable steps to keep the required records.
327 Subsection (2) of the clause provides for references to sections 12E, 12F, 12G and 12H to be
inserted into Part 1 of Schedule 1 to the EA(NI) 1989 (provisions of RPA 1983 applied) so that
these sections of the RPA 1983 will also apply to local elections and local government
registration in Northern Ireland.
Clause 19: Registration etc without an application: further provision
328 Clause 19 introduces Schedule 2, which makes further provision in connection with clauses 17
and 18 for registration without an application and the alteration of certain registers without an
application, by making amendments to RPA 1983 and RPA 1985.
Schedule 2 — Registration etc without an application: further provision
RPA 1983
329 Paragraphs 2 -14 relate to amendments to RPA 1983.
330 Paragraph 2 amends part of subsection (6) of section 4 of the RPA 1983 (entitlement to be
registered as parliamentary or local government elector) to provide an alternative definition of
“relevant date” to ensure that this term works in instances where applications have not been
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made.
331 Paragraph 3 adds those who have been added by new section 12A (registration without an
application) to those whose names must be included in the register in section 9(2) RPA 1983.
332 Paragraph 4 inserts a new subsection (1B), before the existing subsection (2) of section 9E of RPA
1983, which sets out exceptions from the requirement at 9E(1) of the RPA 1983 for registration
officers to invite an apparently eligible person to apply to be added to the register. These
exceptions have been included in order to ensure the duties for registration officers under new
sections 12A and 12B, do not duplicate the duties of registration officers to issue invitations to
register to vote.
333 The heading for section 10ZC of the RPA 1983 is amended by paragraph 5 so that it reads
“Registration of electors in Great Britain: applications for registration”. Similarly, the heading for
section 10ZD of the RPA 1983 is amended by paragraph (6) so that it reads “Registration of
electors in Great Britain: applications for alterations”. These insertions reflect the fact that these
sections relate to registration or alterations via application as opposed to the changes introduced
by new sections 12A to 12H where registration or alterations are made without application.
334 Paragraphs 7 – 10 ensure that alterations notices are covered for registration and alterations
without applications, in the same way as they are as if the person had made an application/
application for alteration.
335 Paragraphs 11 and 12 insert new paragraphs into sections 56 and 58 of the RPA 1983
(respectively) to provide that appeals can be made against any decision of a registration officer
in England, Wales and Scotland, or the CEONI, to register a person (under section 12A(1)) or to
alter a person’s entry in a register (under section 12E(1)).
336 Sub-paragraphs (a) and (b) of paragraph 13 add new 12B(5), 12C(4), 12F(5), 12G(4) to the
sections listed in section 201 of the RPA 1983, specifically subsections (2) and (2A), so that
regulations to be made under these sections are subject to the negative procedure. These
regulations relate to notices made by registration officers carrying out their duty to register
persons, without an application (under section 12A) or to alter register entries (under section
12E).
337 Paragraph 14 inserts a new 1BA into Schedule 2 to the RPA 1983. Paragraph 1BA provides the
power to make specific regulations to authorise or require a registration officer to take specified
steps (for example the regulations may set out the specific process a registration officer should
take) to decide whether for the purposes of new sections 12A, 12B, 12E or 12F, a person is of
voting age and eligible to be registered to vote.
RPA 1985
338 Paragraphs 16-19 relate to amendments to RPA 1985.
339 Paragraphs 16 – 19 insert new subsections, which set out when registration entries made without
an application (under 9ZA or 12A of the RPA 1983) must be disregarded for persons who meet
the tests/criteria set out in 1to 1E of the RPA 1985 to be registered as an overseas elector. These
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insertions have been included in order to reduce the risk of a new entry being created without
an application which could then invalidate the registration/declaration of an overseas elector.
This invalidation could be caused by the “previous registration condition” or “previous
residence condition” (ss.1A(2) and (3), 1C(2)(b), 1D(4)(d) and 1E(2)(b)1A(2) of the RPA 1985).
These conditions mean that an overseas elector must be registered either at the last address they
were registered at or the last address they resided at, before they left the UK. Furthermore, if a
person is subsequently included on any other electoral register, in respect of any other address,
then they no longer qualify as an overseas elector under s1A of the RPA 1985.
340 Paragraph 16 inserts a new subsection (4A) into section 1A of the RPA 1985. That subsection sets
out when a new entry on a register for a person qualified to be registered as an overseas elector,
should be disregarded. These circumstances relate to a person having been entered into a
register without an application either under s.9ZA or new 12A of the RPA 1983. This is to ensure
that where a person is entered into a register without an application incorrectly, this will not
affect their eligibility to qualify as an overseas elector under subsections 1A (2)(b) and (3)(c) of
the RPA 1985. This is only disregarded if, provided that immediately before the entry was made
under section 9ZA or 12A of the RPA 1983, the person must still have been resident outside the
UK and a British citizen. This requirement is because if a person did not meet these criteria then
they should no longer be registered as an overseas elector and their new entry should supersede
their registration as an overseas elector. The use of the term 'British citizen' refers to whether a
person is considered a British citizen as a matter of UK law and applies equally to Irish citizens
born in Northern Ireland.
341 Paragraph 17 inserts a new subsection into section 1C of the RPA 1985 to clarify that the new
conditions for situations when registrations without an application should be disregarded also
apply in relation to the previous registration condition in the overseas elector’s declaration. This
allows the declarant to make the required statement that they have not been included in any
other electoral register, even where an entry has been made without an application and has been
disregarded under new section 1A(4A) of the RPA 1985.
342 Paragraph 18 makes an equivalent change to section 1D of the RPA 1985 as is made by
paragraph 16.
343 Paragraph 19 provides for the direct registration entry to be disregarded under section 1E(2)(b)
as it would be under section 1D(4A) of the RPA 1985.
Piloting changes to the voter registration process
Clause 20: Power to pilot changes to the voter registration process
344 Clause 20 subsections (1), (2) and (3) provide for a new regulation making power that allows for
the Secretary of State to make provisions relating to pilots that test new methods of electoral
registration. These pilots will apply to electoral registers for all UK Parliamentary elections as
well as local elections in England and Northern Ireland. Pilots will last for a specified duration,
with an option to extend.
345 Clause 23 subsections (4) and (5) set out that regulations must specify the purpose of the pilot
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(for example, to assess whether a change to registration process increases the completeness of
the register), and set out the timeframe by which the EC must produce an evaluative report on
the pilot’s outcomes.
Clause 21: Voter registration provision
346 Clause 21, subsections (1) to (5), flesh out what is meant in clause 20 by ‘voter registration
provision’ by outlining some examples of what is within scope of the provisions. These include:
• Commissioning pilots that register eligible individuals who are unregistered, removing
ineligible individuals, and updating individuals’ details on the electoral register;
• Commissioning pilots to explore innovative methods for identifying eligible individuals
and facilitating their registration. (For example, this could be through enhancing the data
available to registration officers.)
• Registering and updating individuals’ details without them having to make an
application;
• Testing the impact of altering administrative procedures relating to the register, such as
its format and publication.
347 Clause 21, subsections (6) and (7), clarify that these provisions may be used to test the following
new measures, as well as arrangements that have the same effect as regulations that could be
made under clauses 17 to 18 and Schedule 2 in relation to registration and alteration of register
entries without application, and clause 36, which allow regulations to be made enhancing access
to data available to registration officers for their registration duties.
Clause 22: Further powers and restrictions
348 Clause 22, subsection (1), sets out that pilot schemes can be designed in various ways, such as:
comparing the efficacy of the same registration changes across different geographical areas (this
will be useful to understand which types of registration changes may be effective in areas with
different profiles, for example, rural and urban); testing different electoral areas; and assessing
the impact of new registration methods on specific demographic groups (e.g. renters).
349 Clause 22, subsection (2), sets out that a pilot scheme cannot proceed without the consent of the
relevant registration officer, the official responsible for maintaining the register in that area.
There are two exceptions: (a) if the pilot is not limited to a particular area (i.e. it tests approaches
across a number of different areas), and (b) if the Secretary of State considers it is appropriate to
make provision without consent of the registration officer and has made a Written Ministerial
Statement to that effect.
350 Clause 22, subsections (3) to (6), allow for pilot regulations to create, amend, and suspend
financial penalties and summary offences. However, they cannot increase penalties beyond
existing legal limits, nor introduce penalties or offences for individuals who fail to register or
update their details.
351 Clause 22, subsection (7) provides that pilot regulations may cancel, modify, and be replaced by
further regulations, including those that repeat or replicate earlier provisions.
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352 Subsection (8) sets out legal definitions for the terms “enactment” and ‘the maximum term for
summary “offences”.
Clause 23: Parliamentary procedure
353 Clause 23, subsections (1), (2) and (3) set out that pilot regulations must be made by statutory
instrument subject to the affirmative procedure, except where a statutory instrument contains
pilot regulations which only make provision extending the period of a pilot for more than 12
months or changing the date for the EC to report where the pilot period is extended, in which
case the statutory instrument is subject to the negative procedure.
354 Clause 23, subsection (4) sets out the timings of when the Secretary of State must lay the
statement made under clause 22 subsection (2)(b) before Parliament, where this is relevant.
Clause 24: Electoral Commission report
355 Clause 24, subsection (1) and (2) requires the EC to make a report assessing to what extent the
pilot regulations achieved their objectives and whether they were a cost-effective means of
achieving the objective(s). The report must be completed before a specified deadline. Under
subsection (3), the Secretary of State is then responsible for publishing the report.
356 Subsection (4) requires registration officers to cooperate with any reasonable request made by
the EC in connection with the preparation of the report.
Clause 25: Interpretation of sections 20 to 24
357 Clause 25 provides definitions for the following terms: pilot regulations; registration officer;
report date; specified.
The Northern Ireland canvass
Clause 26: Power to amend the canvass in Northern Ireland
358 This Clause provides a new power for the Secretary of State to amend, by regulation, the process
by which the Northern Ireland canvass is carried out. This includes amending the timing of
canvass and the obligation on CEONI to remove an individual from the register if they do not
respond to canvass. It also deals with pilot regulations and introduces a duty on the EC to
produce a report on the new canvass system.
359 Subsection (1) provides a power for the Secretary of State to make provision in connection with
how the canvass is carried out, by regulations.
360 Subsection (2) sets out that when making regulations to amend the canvass duty under this
power the Secretary of State must have regard to the Northern Ireland registration objectives.
CEONI is also subject to these as set out in section 10ZB of the RPA 1983 to ensure as far as
reasonably practicable that everyone who is entitled to be registered is registered, that anyone
not entitled to be registered is not on the register, and that the information on the register is
correct.
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361 Subsection (3) provides that this power may be used to modify section 10 of the RPA 1983 or any
other provision relating to a canvass under that section. It specifically excludes any power to
abolish the duty to conduct a canvass. This is explicitly prohibited.
362 Subsection 4 provides that the regulations may, among other things, make provision about how
a canvass is conducted, when it takes place, and how CEONI alters registers following a canvass.
Under subsection (5), any regulations made under this section may include a power to make
further subordinate legislation. This must be made by an affirmative statutory instrument.
363 Subsection 6 allows any regulations made under this clause to include consequential, saving or
transitional provision; modification of an enactment by the regulations; provision to be made
generally or more specifically; and different provision for different purposes or areas. This will
allow flexibility when making regulations to ensure they can be targeted to specific geographical
areas or demographic groups e.g. renters or young people.
364 Consultation with the EC on any draft regulations is a statutory obligation on the Secretary of
State under subsection 7.
365 Subsections (8) and (9) provide that regulations made under this section must be by affirmative
statutory instrument.
366 Subsection (10) sets out definitions for terms used in this clause.
Clause 27: Electoral Commission report on proposals under section 26
367 Clause 27 places a duty on the EC to prepare a report, where consulted by the Secretary of State
about proposals to make regulations under clause 26(7).
368 Subsection (1) outlines the scope of the EC's assessment when preparing a report, which must
include the extent to which the Northern Ireland registration objectives are currently met; the
extent to which those objectives would be met if the proposed regulations were made; and the
merits of alternative ways of assisting the CEO to achieve those objectives.
369 Subsection (2) provides that where the proposed canvass regulations make provision for a
particular purpose or specific area then that is all the EC’s report needs to relate to. Subsection
(3) requires the EC to provide a copy of its report to the Secretary of State before a specified date
and subsection (4) stipulates that the specified date must be at least three months after the
Secretary of State consults the Commission. Subsection (5) requires that when a draft statutory
instrument is laid under section 26 it must be accompanied by the EC’s report.
Clause 28Power to pilot proposals under section 26
370 Clause 28 allows for regulations to be made on changes to the Northern Ireland canvass for a
trial period. Subsection (1) allows for the regulations under clause 26 to have effect only for a
specified period (‘pilot regulations’).
371 Subsection (2) allows pilot regulations to make provision in connection with the expiry of the
specified period as well as consequential, supplementary or saving provisions.
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372 Subsection (3) provides that pilot regulations can be replaced by further pilot regulations.
373 Under subsection (4) the pilot regulations must specify the date before which the EC must report
on the regulations under clause 29.
374 Subsection (5) clarifies that the Secretary of State is not required to consult and the EC is not
required to provide a report on the pilot regulations.
Clause 29: Electoral Commission report on pilot regulations
375 Clause 29 subsection (1) and (2) requires that where pilot regulations are made, the EC must
make a report assessing to what extent the Northern Ireland registration objectives were met
before the pilot regulations had effect, and to what extent they were met during the period that
the pilot regulations had effect. The report must be completed before a specified deadline and a
copy given to the Secretary of State and Chief Electoral Officer. Under subsection (4), the
Secretary of State is required to publish the report.
Other provision about registration
Clause 30 Local connection and service declarations ceasing to have effect
376 Clause 30 amends section 7C of the RPA 1983 to allow regulations to be made such that when
the circumstances on the basis of which an individual made a declaration of local connection
change, that declaration ceases to have effect. For example, if an individual had made a
declaration of local connection on the basis of homelessness, and they subsequently cease to be
homeless, that declaration (and by extension, their electoral registration), will cease to have
effect.
377 Subsection (2)(a) provides that a registration based on a declaration of local connection ceases to
have effect when a registration officer determines – in accordance with regulations made by “the
appropriate national authority” – in two circumstances. The first circumstance is that an
individual is no longer in circumstances under which they would be able to make a declaration
of local connection at all under section 7B (e.g. homelessness, or being held on remand). The
second circumstance is that an individual’s circumstances are no longer those on the basis of
which they made a declaration of local connection and therefore they no longer fall into the
category of person to whom section 7B applies which is specified in their declaration. This
second circumstance accounts for situations where an individual may still be eligible to make a
declaration of local connection, but the circumstances under which they may make one have
changed: for example, if an individual ceases to be homeless (as defined at section 7B(2)(c) of the
RPA 1983), but is instead a patient at a mental hospital (as defined at section 7B(2)(a) of the RPA
1983).
378 Where a registration officer removes a person with a declaration of local connection from the
register, due to another entry (of any type) being made in respect of that person in another
register, subsection(2)(b) inserts a new requirement for the officer to inform the person in
writing as soon as reasonably practicable. The notice must also state the reason for the action
taken, as well as providing information about how to apply for another declaration of local
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connection.
379 Subsection (2)(c) inserts subsection (5) into section 7C of the RPA 1983, which defines the term
“the appropriate national authority”. In the case of the local government register in Wales, this is
defined as the Welsh Ministers. In the case of the local government register in Scotland, this is
defined as the Scottish Ministers. In the case of all other elections, this is defined as the Secretary
of State.
380 Subsection (2)(c) also inserts new subsections (6) and (7) into section 7C of the RPA 1983 which
require that when regulations are made by the Welsh Ministers or the Scottish Ministers under
the provisions of this clause, those regulations are subject to the Senedd approval procedure and
the affirmative procedure in the Scottish Parliament, respectively.
381 Where a registration officer removes a person with a service declaration from the register, due to
another entry (of any type) being made in respect of that person in another register, subsection
(3) inserts new subsection (3ZA) into section 15 of the RPA 1983, which requires the officer to
inform the person in writing as soon as reasonably practicable. The notice must also state the
reason for the action taken, as well as providing information about how to apply for another
service declaration.
382 Subsection (4) makes amendments to section 201 of the RPA 1983.
383 Paragraphs (a) and (b) of subsection (4) make amendments to section 201 of the RPA 1983
(regulations), to provide that regulations made by Scottish Ministers are not made by statutory
instrument. Regulations made by Scottish Ministers must instead be made by Scottish statutory
instrument.
384 Paragraph (c) of subsection (4) provides that all regulation making powers under the RPA 1983
carry with them power to make incidental etc. provision, not just those made by the Secretary of
State (which would include those transferred to Welsh and Scottish Ministers under the
devolution settlements).
Clause 31: Seniority of electoral registration officers
385 Clause 31 amends the RPA 1983 to require that Electoral Registration Officers appointed by
councils in England and Wales are “senior officers” of the respective council.
386 Subsection (3) replaces the existing reference to “an officer” in the RPA 1983 with “a senior
officer” for the appointment of Electoral Registration Officers by councils in England.
387 Subsection (4) introduces the definition of a “senior officer” for councils in England to mean: the
head of paid service designated under section 4 of the Local Government and Housing Act 1989
(“LHGA 1989”); the monitoring officer designated under section 5 of that LGHA 1989; a
statutory chief officer as defined in section 2(6) of the LGHA 1989.
388 Subsection (5) makes the equivalent amendment for Wales, replacing the requirement for
councils in Wales to appoint “an officer” as the Electoral Registration Officer with “a senior
officer” in subsection (2A) of section 8 of the RPA 1983.
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389 Subsection (6) introduces the definition of “senior officer” for councils in Wales. This reflects
devolved legislation and means: the chief executive appointed under section 54 of the Local
Government and Elections (Wales) Act 2021; the head of democratic services designated under
section 8 of the Local Government (Wales) Measure 2011; the monitoring officer designated
under section 5 of the LGHA 1989; a statutory chief officer as defined in section 2(6) of that Act.
390 Subsection (7) makes an amendment to section 203(4)(a) of the RPA 1983, which relates to the
appointment of Electoral Registration Officers in the Isles of Scilly. The amendment replaces the
reference to “an officer of the council” with “a senior officer of the council (as defined in section
8(2ZA))” to ensure consistency with the new terminology.
391 This amendment ensures that Electoral Registration Officers are sufficiently senior officers of an
authority and are in a position to command the resources needed to facilitate the successful
running of elections.
Clause 32: Anonymous registration
392 Clause 32 makes changes to RPA 1983 related to anonymous registration in England, Wales and
Scotland.
393 Subsection (2) amends section 9(4) RPA 1983, which places a duty on Electoral Registration
Officers to ensure that electors’ electoral numbers, so far as reasonably practicable, in each
separate part of the register they maintain run consecutively. Subsection (2) inserts new section
9(4A) which provides an exception to this duty in respect of electoral numbers allocated to
anonymous electors. This greatly increases the possibility that anonymous electors will keep the
same electoral number for the duration of their anonymous registration.
394 Subsection (4) amends section 9C of the RPA 1983 (removal of anonymous entry) to extend the
length of time that an elector can be registered to vote anonymously without further application
from 12 months to three years.
395 Subsection (5) inserts new subsection (1ZA) into new section 9C which defines the point at
which the three-year period of anonymous registration begins. This is either the date when the
person’s entry in the register first takes effect or, where a further period of anonymous
registration follows a further application, when the registration officer has determined that the
safety test is satisfied.
Clause 33: Pre-election applications for registration
396 Clause 33 introduces a clearly defined registration deadline for elections across the UK.
397 Subsection (2) inserts a new subsection (3ZB) into section 13B of the RPA 1983. This subsection
sets an explicit registration deadline before any election in Great Britain, after which any
applications received, will not be added to the electoral register until after that election. This is
5pm, 12 working days before a poll. This is achieved by this subsection providing that in the
circumstance that a registration officer receives a registration application after 5pm on the 12th
day before the date of the poll, the registration officer does not need to issue a notice specifying
this alteration to the electoral register in any subsequent publication before the poll. Under
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section 119(2) of the RPA 1983 (applied by section 13B(6) for elections in Great Britain and
section 13BA(13) for Northern Ireland), “days” excludes weekends, bank holidays, Easter
Friday, Easter Monday, Christmas Eve and Christmas Day.
398 Subsection (3) inserts a new subsection (6A) into section 13BA of the RPA 1983. In relation to
elections in Northern Ireland, this produces the same effect as subsection (2). In the event that a
registration officer receives an application for registration after the deadline, if approved, the
person’s registration would not take effect until after the election.
399 Subsection (4) introduces new section 13BAA. Section 13BAA(1) provides “the appropriate
national authority” with a power to make regulations change the date and time of the deadline
set out in new subsection (3A) of section 13B and new subsection (6A) of section 13BA of the
RPA 1983.
400 Section 13BAA(2) requires that the appropriate national authority must consult the EC before
making regulations under these powers.
401 Section 13BAA(3) defines “the appropriate national authority” as being the Scottish Ministers in
relation to Scottish Parliament elections or local government elections in Scotland; the Welsh
Ministers in relation to Senedd Cymru elections or local government elections in Wales; and
otherwise, the Secretary of State.
402 Under subsection (4) of new section 13BAA, regulations in relation to devolved elections in
Scotland (local government elections and Scottish Parliament elections) are subject to the
affirmative procedure in the Scottish Parliament, and under subsection (5) of new section
13BAA, regulations made by Welsh Ministers are subject to the Senedd approval procedure.
Regulations made by UK government ministers are subject to the affirmative procedure under
the existing provisions in the RPA 1983 (see section 201(2)).
403 Subsection (5) of the clause amends Schedule 1 to the Elected Authorities (Northern Ireland) Act
1989 (“EA(NIA 1989”) (application and modification of RPA 1983), to apply new the Section
13BAA to elections to elections to district councils in Northern Ireland. This subsection also
makes a modification to enable regulations made by the Secretary of State to include provision
which amends Part 2 of Schedule 1 to the EA(NI)A 1989. This would allow the Secretary of State
to make provision to change the registration deadline for local elections in Northern Ireland.
Clause 34: Pre-election alteration of Northern Ireland registers: supporting evidence
404 Clause 34 amends RPA 1983 by modifying sections 13A, 13BA, and 13BC. It amends the
requirement to provide additional supporting material for alterations to the register before an
election in Northern Ireland.
405 Subsection (2) amends Section 13A (alteration of registers) and also updates a reference within
section 13A(4) from “13BA(3), (6)” to “13BA(6)”.
406 Subsection (3) makes a number of changes to Section 13BA, concerning the alteration of registers
in Northern Ireland for pending elections.
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407 Subsection (3)(a) changes the deadline for altering registers before an election from "final
nomination day" to "fifth day before the date of the poll" and removes "unless".
408 Subsection (3)(b) omits subsections (2) to (3B), which require additional supporting material to
be provided for alterations in this timeframe before the poll.
409 Subsections (3)(c), (d), and (e) amend various parts of section 13BA (specifically subsections
(5)(a), (5)(b), and (6A)) to replace "decision or determination" with "decision, determination or
requirement," broadening the scope of these provisions.
410 Subsection (3)(f) makes a consequential amendment to omit "(3)," from subsection (11).
411 Subsection (4) amends various parts of section 13BC, concerning the alteration of registers and
recall petitions.
412 Subsection (4)(a) modifies subsection (2) by inserting "and" at the end of paragraph (b), omitting
"and" at the end of paragraph (c), and omitting paragraph (d), which mandates additional
supporting material in Northern Ireland.
413 Subsection (4)(b) changes a reference in subsection (4) from “13BA(2) and (5)” to “13BA(5)”.
414 Subsection (5) repeals paragraph 6(3) and (4) of Schedule 2 to RoMPA, as a consequence of the
repeal of section 13BA(2), (3A), and (3B) of RPA 1983.
415 Subsection (6) amends a definition of “voters register” in section 13 of this Act.
Clause 35: Electoral identity card issued in Northern Ireland: month and year of birth
416 This Clause amends section 13C of RPA 1983, which governs electoral identity cards in Northern
Ireland. The amendment changes the information included on electoral identity cards.
417 Subsection (1) amends section 13C(4)(a) of RPA 1983 by substituting "date of birth" with "month
and year of birth”. This means that electoral identity cards will only display the month and year
of birth, rather than the full date of birth.
Clause 36: Regulations as to registration etc: information to assist registration officers
418 Clause 36 subsection (2) amends an existing regulation making power that allows for provisions
to be made requiring a local authority, or anyone providing services to that authority, to give
registration officers access to their records (by any means) in order to support the registration
officers' duties. This is intended to clarify that provisions can be made that allow electoral
registration officers to have clear access to relevant local authority data in any form and any
manner they choose to access it and use it to carry out their registration duties.
419 Clause 36 subsections (3)(a), introduces a new regulation power that will allow for provisions to
be made authorising or requiring the sharing of information between persons, where it will
assist a registration officer in their duties. Subsections (3)(b) and (c) ensure that existing
paragraphs 1A(2) and (3) apply to this new paragraph. A “person” includes the registration
officer and provision made under this paragraph includes provision for disclosure to or by a
registration officer. This new power will allow for regulations to be made to enable relevant data
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to be shared between any persons such as, but not limited to, Government departments, public
bodies and other entities, and the registration officer, where it can be used to support
registration officers in carrying out their functions. This is likely to include data which would
support a registration officer to identify and contact potentially eligible but unregistered, or
incorrectly registered, individuals and then register those individuals or alter their registration
entry, in line with registration officers’ duties under 12A and 12E.
Clause 37: Edited register: electors to opt in
420 Clause 37 amends Paragraph 10 of Schedule 2 to the RPA 1983. This makes changes to the
powers granted by provisions so that electors must explicitly opt-in to their inclusion on the
edited register and to exclude those under the age of sixteen appearing on the edited register.
The edited register is the legal term for what is commonly referred to as the open register.
421 Subsection (2) amends sub-paragraph (1) of paragraph 10 of Schedule 2 to the RPA 1983 to alter
the provisions so as to ensure a “registered person” must explicitly consent to their inclusion on
the edited register. In practice, this means that applicants registering to vote will be asked
whether they wish to be included on the edited register, rather than asking whether they wish to
be excluded, which is the case at present.
422 Subsection (3) omits sub-paragraph (1A), which excludes anonymous electors from the edited
register. Provision to ensure that anonymous electors are excluded is reintroduced by subsection
(4).
423 Subsection (4) introduces new sub-paragraph (1B) which defines a “registered person” as
someone with an entry on the full register other an anonymous elector or an individual under
the age of 16. This means that the edited register must not include information about
anonymous electors and those under the age of 16.
424 Subsection (5)(a) and (b)(ii) ensures that regulations will not enable a person to opt-in on another
person’s behalf. Subsection 5(b)(i) amends sub-paragraph (2)(b) of paragraph 10, changing the
provision of the scope of words that can be set by regulations to reflect the fact that electors or
applicants must consent to their inclusion on the edited register, rather than request their
exclusion.
Part 3: Conduct of elections etc
Returning Officers
Clause 38: Provision of assistance by local authority officers to returning officers
425 Clause 38 adds a new provision to section 24 of the RPA 1983. It introduces a requirement for all
local authorities in England and Wales to make their staff available to support the Returning
Officer for any UK Parliamentary constituency that falls wholly or partly within their area.
426 This means that local authority officers must be placed ‘at the disposal’ of the relevant Returning
Officer to help them carry out their legal duties in relation to running a parliamentary election.
427 The provision ensures that Returning Officers have access to the staff support they need to
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deliver elections effectively.
428 This provision is already in place in legislation for Scotland. The changes introduced by this
clause aim to ensure a consistent approach across Great Britain. The provision will not apply in
Northern Ireland, where separate arrangements are in place.
Clause 39: Seniority of returning officers
429 Clause 39 introduces equivalent seniority requirements for Returning Officers across UK
parliamentary elections in Scotland (subsection (2)) and for local elections in England
(subsections (3) and (4)).
430 Subsection (2) amends section 25 of the RPA 1983 to require that each local authority in Scotland
appoints a “senior officer” as the Returning Officer for UK Parliamentary elections. This
amendment introduces a seniority requirement on officers that can be appointed by the relevant
local authority (as defined in the subsection). The definition of “senior officer” mirrors that used
in clause 31 for the Electoral Registration Officers.
431 Subsection (3) amends section 35 of the RPA 1983 requiring that the Returning Officers for local
elections in England must also be “senior officers” of the council. Subsection (3) (a) replaces
references to “an officer” for local elections with “a senior officer” and introduces definitions
consistent with clause 31.
432 Subsection (3)(d) and (3)(f) also replaces references to “an officer” for “a senior officer” for the
Greater London Authority elections and London Borough elections respectively. Subsection
(3)(d) introduces a seniority requirement on officers that can be appointed required for the
Greater London Returning Officer under the Greater London Authority Act 1999.
433 These legislative changes ensure consistency in the seniority of Returning Officers across
England and Scotland, mandating that sufficiently senior officers of an authority occupy the role
of Returning Officer, and are thereby in a position to command the resources needed to facilitate
the successful running of elections. The amendments are intended to also help mitigate potential
operational challenges in combined polls, particularly where different seniority requirements
might otherwise apply.
Rules
Clause 40: Timing of proceedings for nominations
434 Subsections (2) to (4) of clause 40 amend rule 1 of Schedule 1 to the RPA 1983 (which sets out the
timetable at UK Parliamentary elections) in relation to the timing of proceedings for candidate
nominations at UK Parliamentary elections.
435 Subsection (2) provides that at a general election or by-election, nomination papers may be
delivered to the Returning Officer between 9 a.m. and 5 p.m. on any day of the nomination
period except the last day, and between 9 a.m. and 12 noon on the last day for submitting
nomination papers (currently, nomination papers may be delivered between 10 a.m. and 4 p.m.
on any day in the period for submitting nominations, including the final day). Subsection (2) sets
out the definition of “the nomination period” for these purposes.
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436 Subsection (3) makes changes to the timing of the making of objections to nomination papers as
a consequence of the change to the deadline for nominations on the last day of the nomination
period. It provides that objections to nominations may be made between noon and 5 p.m. on the
penultimate day for delivery of nomination papers, and for the final day for delivery, during the
hours allowed for delivery of nomination papers and the hour following (i.e. from 9 a.m. to 1
p.m.) though no objection may be made in that hour following except to a nomination paper
delivered on that last day.
437 Subsection (4) provides that where no objections are made, the statement of persons nominated
must be published by the Returning Officer not later than one hour after the close of the time for
objections against nomination papers (i.e. 2 p.m. on the final day for nominations). This must
currently be done by the deadline for the making of objections and the provision will therefore
provide an additional hour for administrators to finalise the candidate list. Where objections are
made, the final deadline for the publication of the statement will be 24 hours after the last time
for delivery of nomination papers, i.e. 12 noon on the day after the last day of the nomination
period.
438 Subsections (5) to (7) of clause 40 amend rule 1 of Schedule 5 to the ELA (NI) 1962 (which sets
out the timetable at local elections in Northern Ireland) in relation to the timing of proceedings
for candidate nominations at local elections in Northern Ireland.
439 Subsection (6)(a) provides that at a local election (but not a local by-election) in Northern
Ireland, nomination papers may be delivered to the Returning Officer between 9 a.m. and 5 p.m.
on any day of the nomination period except the last day, and between 9 a.m. and 12 noon on the
last day for submitting nomination papers (currently, nomination papers may be delivered
between 10 a.m. and 4 p.m. on any day during the period for submitting nomination papers but
no later than 1 p.m. on the final day for submitting nominations). Subsection (6)(a) sets out the
definition of “the nomination period” for these purposes. Subsection (6)(b) amends the timetable
for a local by-election in Northern Ireland and makes the same provision for the timing of the
delivery of nomination papers at by-elections as for local elections under subsection (6)(a) and
sets out a definition of “the nomination period” for these purposes.
440 Subsection (7) provides that at a local election in Northern Ireland, where fresh proceedings are
commenced following the death of a candidate standing for a political party, nomination papers
may be delivered to the Returning Officer between 9 a.m. and 5 p.m. on any day of the
nomination period except the last day, and between 9 a.m. and 12 noon on the last day for
submitting nomination papers (currently, nomination papers may be delivered between 10 a.m.
and 4 p.m. on any day during the period for submitting nomination papers but no later than 1
p.m. on the final day for submitting nominations). Subsection (7) sets out the definition of “the
nomination period” for these purposes.
Clause 41: Identification of candidates at parliamentary elections
441 Clause 41 makes changes to the parliamentary elections rules in Schedule 1 to the RPA 1983 in
relation to the requirements for candidates standing at these elections.
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442 Subsection (3) adds provisions to rule 6 (nomination of candidates) to require candidates to
provide documentary evidence of their identity with their nomination paper. There is provision
for the documents that may be submitted as evidence of the candidate’s identity to be prescribed
by the Secretary of State in regulations subject to the affirmative procedure. Copies of the
documents may be submitted though where the original document is provided the Returning
Officer must make a copy of the original document and return that document to the person who
delivered it.
443 Subsection (4) updates rule 8 (consent to nomination) to clarify that, where a candidate is outside
of the UK and the Returning Officer is satisfied that it would not be reasonable to require them
to deliver their consent to nomination in writing in the usual way, it can be sent by email or
similar means of communication (the existing provision refers to a telegram or similar means).
444 Subsection (5) inserts new rule 8A to require a candidate to make a “declaration of truth” in
order to be validly nominated. The person making the declaration must confirm that they are
aware of the offences relating to false statements in nomination papers, and that their
nomination papers do not contain any statement or information that they know to be false. The
declaration must be signed by the candidate and delivered at the place and within the time for
delivery of nomination papers.
445 Subsection (6) amends rule 11 (right to attend nomination) to provide that the Returning Officer
may not permit a candidate’s identity evidence to be inspected by any other person other than
for a purpose authorised by law.
446 Subsection (7) amends rule 12 (decisions as to validity of nomination papers) to set out
circumstances where the Returning Officer may decide that a nomination is invalid in relation to
the new requirement for candidates to include ID in their nomination papers. The Returning
Officer would be able to deem a nomination to be invalid where there is a discrepancy between
the candidate’s full names as stated on the nomination paper and the candidate’s name as stated
in the submitted ID that cannot be resolved to the Returning Officer’s satisfaction (including,
where appropriate, by production of further proof of the candidate's identity). The Returning
Officer would be able to reject a nomination where the documents submitted as ID by, or on
behalf of, the candidate leads them to doubt that the candidate is who they claim to be.
447 Subsections (8) and (9) amend rule 53A (destruction of home address forms) to require the
Returning Officer to destroy identity evidence within the time limits set out in that provision for
the destruction of home address forms following an election, i.e. on the next working day
following the 21st day after the Returning Officer has returned the name of the member elected;
or if an election petition questioning the election or return is presented before that day, on the
next working day following the conclusion of proceedings on the petition or on appeal from
such proceedings.
Clause 42: Identification of candidates at local elections in Northern Ireland
448 Clause 42 makes changes to the local elections rules in Schedule 5 to the ELA (NI) 1962 in
relation to the requirements for candidates standing at these elections.
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449 Subsection (2) adds provisions to rule 5 (nomination of candidates) to require candidates to
provide documentary evidence of their identity with their nomination paper. There is provision
for the documents that may be submitted as evidence of the candidate’s identity to be prescribed
by affirmative Order in Council. Copies of the documents may be submitted though where the
original document is provided the Returning Officer must make a copy of the original document
and return that document to the person who delivered it.
450 Subsection (3) inserts new rule 7A to require a candidate to make a “declaration of truth” in
order to be validly nominated. The person making the declaration must confirm that they are
aware of the offences relating to false statements in nomination papers, and that their
nomination papers do not contain any statement or information that they know to be false. The
declaration must be signed by the candidate and delivered at the place and within the time for
delivery of nomination papers.
451 Subsection (4) amends rule 9 (right to attend nomination) to provide that the Returning Officer
may not permit a candidate’s identity evidence to be inspected by any other person other than
for a purpose authorised by law.
452 Subsection (5) amends rule 10 (decisions as to validity of nomination papers) to set out
circumstances where the Returning Officer may decide that a nomination is invalid in relation to
the new requirement for candidates to include ID in their nomination papers. The Returning
Officer would be able to deem a nomination to be invalid where there is a discrepancy between
the candidate’s full names as stated on the nomination paper and the candidate’s name as stated
in the submitted ID that cannot be resolved to the Returning Officer’s satisfaction (including,
where appropriate, by production of further proof of the candidate's identity). The Returning
Officer would be able to reject a nomination where the documents submitted as ID by, or on
behalf of, the candidate leads them to doubt that the candidate is who they claim to be.
453 Subsections (6) and (7) amend rule 56A (destruction of home address forms and date of birth
lists) to require the Returning Officer to destroy identity evidence within the time limits set out
in that provision for the destruction of home address forms and dates of birth lists following an
election, i.e. on the next working day following the 22nd day after the Returning Officer has
returned the name of the member elected; or if an election petition questioning the election or
return is presented before that day, as soon as reasonably practical following the conclusion of
proceedings on the petition or on appeal from such proceedings.
Clause 43: Withdrawal of certificates authorising candidate descriptions
454 Subsections (2) to (4) of clause 43 amend the parliamentary elections rules in Schedule 1 to the
RPA 1983 to make provision for political parties to withdraw certificates issued by them to
candidates at UK Parliamentary elections authorising them to use a party description. This will
have the effect of invalidating the nomination and the candidate will no longer be able to stand
on behalf of the party at the election. If the prospective candidate wants to stand in the election,
they can submit fresh nomination papers as an independent or for another party, if they do so
before the close of nominations.
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455 Subsection (3) adds new provisions to rule 6A (nomination papers: name of registered political
party) to make provision for a registered political party to withdraw a certificate it has
previously issued to a candidate standing at a parliamentary election that allows the candidate
to use an authorised description of the party. The party will be required to give written notice to
the Returning Officer where it wishes to do this, and the notice must be given by or on behalf of
the registered nominating officer of the party or at least one of the parties, where the candidate is
standing on behalf of two or more parties. The notice must be received by the Returning Officer
not later than 48 hours before the close of nominations. As soon as practicable after receiving
such a notice, the Returning Officer must inform the candidate that the certificate previously
issued has now been withdrawn.
456 Subsection (4) amends rule 12 (decisions as to validity of nomination papers) to provide that
where a political party withdraws a certificate issued to a candidate authorising the use of a
party description by the candidate, and the effect of this is that candidate’s nomination becomes
invalid, the Returning Officer is required to give a decision to that effect as soon as practicable
after receiving the withdrawal notice from the party.
457 Subsections (6) to (10) amend the local elections rules in Schedule 5 to ELA(NI) 1962 to make
provision for political parties to withdraw certificates issued by them to candidates at local
elections in Northern Ireland authorising them to use a party description. This will have the
effect of invalidating the nomination and the candidate will no longer be able to stand on behalf
of the party at the election. If the prospective candidate wants to stand in the election, they can
submit fresh nomination papers as an independent or for another party, if they do so before the
close of nominations.
458 Subsection (7) adds new provisions to rule 5A (nomination papers: name of registered political
party) to make provision for a registered political party to withdraw a certificate it has
previously issued to a candidate standing at a local election in Northern Ireland that allows the
candidate to use an authorised description of the party. The party will be required to give
written notice to the Returning Officer where it wishes to do this, and the notice must be given
by or on behalf of the registered nominating officer of the party or at least one of the parties,
where the candidate is standing on behalf of two or more parties. The notice must be received by
the Returning Officer not later than 48 hours before the close of nominations. As soon as
practicable after receiving such a notice, the Returning Officer must inform the candidate that
the certificate previously issued has now been withdrawn.
459 Subsection (8) amends rule 10 (decisions as to validity of nomination papers) to provide that
where a party withdraws a certificate issued to a candidate authorising the use of a party
description by the candidate, and the effect of this is that candidate’s nomination becomes
invalid, the Returning Officer is required to give a decision to that effect as soon as practicable
after receiving the withdrawal notice from the political party.
Clause 44 Subscription of nomination paper
460 Subsection (1) of clause 44 adds new provisions to rule 7 (subscription of nomination paper) of
the parliamentary elections rules in Schedule 1 to the RPA 1983 to provide that a person who has
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on 12 February 2026 (Bill 384)
previously subscribed the nomination paper of a candidate at a parliamentary election where the
party withdraws its authorisation for the candidate to use a party description, or the certificate
authorising the use of a party description is found to be defective - and which as a consequence
invalidates the nomination - may subscribe another nomination paper.
461 Subsection (2) of the clause amends rule 6 (subscription of nomination paper) of the local
elections rules in Schedule 5 to ELA(NI) 1962 to make similar provision in relation to the
subscription of nomination papers at local elections in Northern Ireland.
Clause 45: Police contact form
462 Clause 45 inserts new provisions into the parliamentary elections rules in Schedule 1 to the RPA
1983 in relation to candidates standing at UK Parliamentary elections in Great Britain.
463 Subsection (2) adds new rule 7A which makes provision for candidates to complete and return
an additional form – a “police contact form” - with their nomination papers that will set out their
contact details and a statement that the candidate wishes to be contacted by the police in
connection with matters relating to the candidate’s safety. The Returning Officer is required on
receipt of the form to send a copy of it to the relevant chief officer (or officers) of police as soon
as practicable after publication of the statement of persons nominated. This is to facilitate the
relevant police force (or forces) contacting the candidate to invite them to security briefings for
the election. Completion of the form by candidates will be optional.
464 Under new rule 11(6) inserted by subsection (3), the Returning Officer may not permit a
candidate’s police contact form to be inspected by any other person other than for a purpose
authorised by law.
Clause 46 Calling out and completed corresponding number lists etc
465 Clause 46 amends the RPA 1983 and the ELA(NI) 1962 to remove the requirement for poll clerks
to call out an elector's name and their electoral number when they deliver a ballot in polling
stations in Northern Ireland.
466 Subsection (1) amends rule 34 of Schedule 5 to the ELA(NI) 1962, which pertains to voting
procedure and identification requirements in local elections. It omits sub-paragraph (b) from
paragraph (1). A consequential amendment is made to omit sub-paragraph (a) from paragraph
(1A) Subsections (2) makes amendments to rule 37 of Schedule 1 to the RPA 1983, which deals
with voting procedure and voter identification requirements in parliamentary elections in
Northern Ireland. Subsection (3) omits sub-paragraph (b) from paragraph (1) which mandates
the calling out of the elector's name and number. Subsection 3 also makes a consequential
amendment to paragraph (1ZA).
464 Sub sections (4) and (5) amend rule 43 of Schedule 1 to the RPA 1983 and section 44 of the
Electoral Administration Act 2006 regarding the completed corresponding number lists. The
amendments update incorrect references to correctly refer to the rule that governs the keeping
and custody of this list.
465 Subsection 6 clarifies that amendments made by subsections (4)(a) and (5) are retrospective.
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Clause 47: Voter identification requirements
466 Clause 47 makes amendments to rule 37 of Schedule 1 to the RPA 1983 (parliamentary elections:
voting procedure and voter identification requirements), relating to voter identification rules.
This clause only amends the voter identification rules relating to UK parliamentary elections in
England, Scotland, and Wales – it does not amend the similar voter identifications rules in
Northern Ireland. Corresponding amendments to the voter identification rules relating to other
types of polls in England, Scotland, and Wales will be brought forward via other secondary
legislation.
467 Rule 37 includes provisions setting out which documents can be accepted as identification at the
polling station - these are referred to as “specified document(s)”. Rule 37 sets out a list of the
types of documents that can be specified documents, and any further conditions they must also
meet.
468 Subsection (2)(a) amends the definition of a specified document by adding the additional
conditions inserted by subsection (3). It further amends the definition by removing the
clarification a document can be accepted in whatever form it is issued in (e.g. where there are
different versions of that document, such as a digital or physical version) and removing the
blanket requirement for specified documents to contain a photograph. The clarification that a
document can be accepted in whatever form it is issued in is re-inserted but subsection (3),
though with a new exception.
469 Subsection (2) (b) adds bank cards to the list of documents that can be accepted as identification
(“a payment card... or a cash withdrawal card”), and sets out two conditions specific to this type
of document to be a specified document – that it must be issued by a relevant UK-authorised
person, and that they must show the holders first name or first initial and the holder’s surname.
Further definition for “payment card” and “relevant UK-authorised person” are set out in new
paragraph (1JA), which is inserted by subsection (4).
470 Subsection (3) inserts three new conditions that a document must meet to be a specified
document, and which of the types of documents these conditions apply to.
a. The first condition is set out in new paragraph (1HA) and requires that all the
documents listed in paragraphs (1H) (a) to (l) must contain a photograph of the holder
in order to be a specified document. These are the types of documents currently
accepted as identification, and this condition will not apply to the new type of
document - bank cards.
b. The second condition is set out in new paragraph (1HB) which specifies that
documents can be accepted in whatever format they are issued in, with the exception
of the bank cards, which must be in a physical form (i.e. not a digital bank card).
c. Finally, the third condition, set out in new paragraph (1HC), specifies that any digital
documents can only be specified documents if they can be verified by a visual
inspection.
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471 Subsection (4) inserts new paragraph (1JA) which defines, for the purposes of this legislation,
what is meant by “payment card” and “relevant UK-authorised person” as referred to in
subsection (2)(b)
472 Subsection (5) amends paragraph (1Q) - this paragraph sets out which parts of the rule can be
amended by regulations, and what changes can be made.
a. Subsection (5)(a) amends which paragraphs can be amended by regulation, so that all
paragraphs can now be amended.
b. Subsection (5)(b) restricts the power to add references to documents (e.g. adding a
new type of document to the list that can be accepted) to only apply to paragraph
(1H) - this is the list of documents. Subsection (5)(c) and (5)(d) similarly update the
power for removing and varying references to documents to only apply to paragraph
(1H) (referred to as “that paragraph”).
c. Subsection (5)(e) clarifies that the power to vary references to documents in the list of
documents in (1H) includes amending other paragraphs that set out further
definitions for those documents. When amending a paragraph that contains a
definition, the power can add to, vary or repeal that paragraph. Subsection (5)(e) sets
out the current and new paragraphs that contain definitions – paragraphs (1I), (1J),
and (1JA) - but this power will also apply to any new paragraphs containing
definitions that might be created in the future.
473 Subsection (6) creates new powers to make regulations relating to voter ID provisions which
would allow for changes to the conditions on what is a specified document. Conditions may be
created, modified or removed relating to whether a document must contain a photograph,
whether it must be issued in a particular format (e.g. physical or digital), or whether it must be
able to be verified by a particular method (e.g. if it must be scanned by an electronic method).
474 Subsection (7) amends paragraph (1R). This paragraph currently restricts the existing power to
amend the list of accepted documents so that it can only be used to remove documents with the
approval of the EC. Subsection (7) extends this restriction so that it also applies to any changes
made by the powers in new paragraph (1QA) relating to photographs and formats – if a change
would result in documents ceasing to be specified documents (e.g. if a type of document had
physical and digital versions, and a new condition set out that only a digital version would be a
specified document) then that change will also require the approval of the EC.
Clause 48 Absent voting
Absent Voting
475 Clause 48 introduces Schedule 3, which makes provisions related to absent voting.
Schedule 3 — Absent voting
Absent Voting in Great Britain
476 Paragraphs 1 to 12 make amendments to Schedule 4 to the RPA 2000 (absent voting in Great
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on 12 February 2026 (Bill 384)
Britain).
477 Paragraph 2 amends paragraph 1 of Schedule 4 to clarify in new sub-paragraphs (1A) and (1B)
that a reference to “someone who will be registered” in the Schedule includes someone who has
applied to be registered and is otherwise likely to be registered but for whom the objections
period (also defined) has not yet ended. New sub-paragraph (1C) clarifies that provisions in this
Schedule are subject to regulations under paragraph 7G, which relates to applications being
refused or disregarded in certain prescribed circumstances.
478 Paragraph 3 inserts new paragraph 1A, which restates the ability of “appropriate national
authorities” to make regulations under Schedule 4 and provides that regulations made under
this schedule will be made by “the appropriate national authority”, which is defined as: for local
government elections in Scotland, Scottish Ministers; for local government elections in Wales,
Welsh Ministers; and for all other elections, the Secretary of State. It also provides that where
regulations under Schedule 4 are made by Scottish Ministers, they will be subject to the
affirmative procedure in the Scottish Parliament, and when made by Welsh Ministers, they will
be subject to the Senedd approval procedure.
479 Paragraph 4 amends paragraph 3 of Schedule 4, which relates to absent voting arrangements at
elections for a period of time.
480 Sub-paragraphs (2) and (3) alter the definition of the “maximum permitted period” of a postal
voting arrangement under paragraph 3(1), to extend by a year in defined cases. Sub-paragraph
(3) defines the “maximum permitted period” to be the period ending with the fourth 31 January
following the date on which the application is granted, in the case where an Electoral
Registration Officer both receives and grants the application for that postal voting arrangement
between 1 October and 30 January. Where an application is received and granted before this
period, the maximum of the third 31 January will remain.
481 Sub-paragraph (4) amends sub-paragraph (4) of paragraph 3 of Schedule 4 to clarify that
Electoral Registration Officers are required to keep records of those whose applications for
absent vote have been granted, and whether the applications are in respect of parliamentary
elections, local government elections or both. It does this by substituting “this paragraph” in
sub-paragraph (4), with “sub-paragraph (1) and (2)”, which pertain to the granting of postal and
proxy vote applications.
482 Sub-paragraph (5) inserts new sub-paragraph (4A) into paragraph 3 of Schedule 4 to require
Electoral Registration Officers to keep records of only the latest information for an applicant that
pertains to a particular kind of election for a period. For example, if a person applies for a postal
vote at UK parliamentary elections, and they subsequently apply to the Electoral Registration
Officer to vote by proxy at those same elections, only information on the latter, most recent
arrangement should be recorded and in this way, the new arrangement would replace the old.
483 Sub-paragraph (6) amends sub-paragraph (5) of paragraph 3 of Schedule 4, which relates to the
circumstances in which an Electoral Registration Officer is required to remove a person’s entry
from the absent vote record kept under paragraph 3(4). The amendments require Electoral
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Registration Officers to remove an entry from the record in three sets of circumstances. These are
where (in new sub-paragraph (5)(a)) a person applies to be removed; (new sub-paragraph
(5)(aza)) where a person’s new short term arrangement (i.e. to vote by post or proxy at a
particular election) overrides the previous long term arrangement, unless regulations require the
person not to be removed; and (new sub-paragraph (5)(azb)) where a person’s postal or proxy
application was granted on the basis that the person “will be registered” as described in new
paragraph 1(1A) of Schedule 4 RPA 2000 and that person’s application to register as an elector is
then refused or withdrawn.
484 Sub-paragraph (7) inserts new sub-paragraphs (5A) and (5B) to require Electoral Registration
Officers to grant an application by a person to be removed from the absent vote record where it
meets the prescribed requirements. New sub-paragraph (5B) allows regulations under sub-
paragraphs (5)(aza) to make provisions relating to the Electoral Registration Officer’s satisfaction
as to any matter.
485 Sub-paragraph (8) omits sub-paragraphs (6) (7) (7A) and (7B) from paragraph 3. These sub-
paragraphs, which expressly provided for an existing arrangement holder to be able to apply for
an arrangement of the other kind, are no longer necessary as a result of new sub-paragraph (4A).
486 Paragraph 5 makes provisions for alternative postal vote arrangements for particular elections
by inserting paragraph 3A into Schedule 4 to the RPA 2000. Where a person is shown in the
record under paragraph 3(4) as having a longer-term arrangement to vote by post at elections of
a particular kind, new paragraph 3A(1)(a) and (b) provide that they may apply for their ballot
paper to be sent to an address different to that on the record, or to vote instead in person, as an
alternative arrangement for the purposes of a particular election, and new paragraph 3A(2)
requires the Electoral Registration Officer to grant this application if it meets prescribed
requirements.
487 Paragraph 6 amends paragraph 4 of Schedule 4 to the RPA 2000, which relates to absent votes
arrangements for the purposes of voting at a particular election. It omits sub-paragraphs (3) and
(4), as the insertion of new paragraph 3A and other changes made to Schedule 4 to the RPA 2000
by this Schedule mean that those sub-paragraphs, which provide for alternative arrangements
for a particular election by longer-term postal vote arrangement holders (e.g. to allow a person’s
ballot paper to be sent to a different address or to vote by proxy) are now redundant.
488 Paragraph 7 amends paragraph 5 of Schedule 4 to the RPA 2000, relating to the absent voters
lists which are generated by Electoral Registration Officers for the purposes of a particular
election. The amendments clarify the requirements for registration officers regarding the
creation and keeping of these postal voter lists and lists of proxies.
489 Sub-paragraph (2) amends sub-paragraph (2)(b) of paragraph 5, which requires an Electoral
Registration Officer to include certain longer-term postal voting arrangement holders in the
postal voters list for a particular election. Sub-paragraph (2)(a), (c) and (d) makes small
amendments to cross-references resulting from amendments made to paragraph 3 of Schedule 4
to the RPA 2000. Sub-paragraph (2)(b) requires that those who are “excluded persons” are not to
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be included in the postal voters lists, and links to new paragraph 5(2A).
490 Sub-paragraph (3) inserts sub-paragraph (2A), (2B) and (2C) into paragraph 5. New sub-
paragraph (2A) defines who is an “excluded person” for the purposes of the postal vote list. This
includes (under new sub-paragraph (2A)(c)) a person whose period of postal voting
arrangement expires on or after the day on which the notice of election, for the election to which
the list relates, must be published and before the day of poll for that election. New sub-
paragraph (2B) requires an Electoral Registration Officer to record only the latest application
information for a person in the postal voters list, thereby meaning that the details of any new
postal voting arrangement obtained by a person would replace the details of any previous
arrangement in that list. New sub-paragraph (2C) sets out the circumstances in which an
Electoral Registration Officer must remove a person’s entry from the postal voters list.
491 Sub-paragraphs (4) and (5) make similar amendments relating to the list of proxies as sub-
paragraphs (2) and (3) make in relation to the postal voters list. Additionally, sub-paragraph (5)
inserts new paragraph 5(3D). New paragraph 5(3D) requires an Electoral Registration Officer to
grant an application under new paragraph 5(2C)(a) or (3C)(a) to cancel a particular election
postal or proxy voting arrangement where the cancellation application meets prescribed
requirements.
492 Paragraph 8 amends paragraph 6 of Schedule 4 to the RPA 2000, relating to the appointment of
proxies for the purpose of voting at elections.
493 Sub-paragraph (2) amends paragraph 6(3) of Schedule 4 to clarify that a person described in new
paragraph 1(1A) of that Schedule, i.e. a person who is not yet registered for the purpose of
voting at parliamentary elections but whose application is received and is still within the
objections period, is not eligible to be appointed as a proxy on behalf of another elector for the
purpose of voting at such elections.
494 Sub-paragraph (3) amends paragraph 6(3A), which governs eligibility for proxy appointments
for the purpose of voting at local government elections in Great Britain, in the same way as sub-
paragraph (2) amends paragraph 6(3) relating to proxy eligibility for the purpose of voting at
parliamentary elections.
495 Sub-paragraphs (4) and (5) make small consequential amendments to paragraph 6(7)(b) and (8)
of Schedule 4 to the RPA 2000 as a result of other changes made to that Schedule.
496 Sub-paragraph (6) amends paragraph 6(10) of Schedule 4 to the RPA 2000, relating to the
cancellation of proxy appointments. Sub-paragraph (6)(b) provides that a proxy appointment
ceases if a registration officer grants an application by an elector to cancel the appointment. Sub-
paragraph (6)(c) and (d) clarify that the proxy appointment ceases when the person appointed as
proxy ceases to be registered on the relevant electoral register.
497 Sub-paragraph (7) inserts new sub-paragraphs (10A) into paragraph 6 of Schedule 4 to the RPA
2000. These provide that an Electoral Registration Officer must grant a proxy appointment
cancellation application under new paragraph 6(10)(za) where that application meets prescribed
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requirements.
498 Sub-paragraph (8) amends paragraph 6(11) of Schedule 4, which relates to other circumstances
in which a proxy appointment ceases to have effect, to clarify those circumstances in
consequence of the other amendments made to that Schedule.
499 Paragraph 9 amends paragraph 7 of Schedule 4 to the RPA 2000, relating to voting as proxy.
Paragraph 9(2) substitutes paragraph 7(5A)(a) with a new sub-paragraph that defines voting by
post as proxy to be for ‘the maximum permitted period’ as defined in new sub-paragraph (5B).
Paragraph 9(3) inserts new sub-paragraph (5B), defining the maximum permitted period (in the
same way as defined by virtue of new paragraph 3(1AA) in respect of longer-term postal voting
arrangements held by electors).
500 Paragraph 9(4) inserts new sub-paragraph (6A) relating to the requirement for Electoral
Registration Officers to keep a record of those entitled to vote by post as proxy. Sub-paragraph
(6A) inserts a requirement for Electoral Registration Officers to keep a record of only the latest
information for an applicant that pertains to elections of the kind in question.
501 Paragraph 9(5) omits sub-paragraph (7) of paragraph 7 of Schedule 4 to the RPA 2000, relating to
Electoral Registration Officers granting applications for postal ballot papers to be sent to a
different address from that shown in the record. The insertion of new paragraph 7ZA effectively
replaces this provision (i.e. by allowing a proxy’s postal ballot paper to be sent to a different
address).
502 Paragraph 9(6) amends sub-paragraph (8)(a), relating to Electoral Registration Officers’ creation
and keeping of the proxy postal voters list in respect of a particular election. Sub-paragraph
(6)(a) provides that only those proxies who aren’t “excluded persons” as defined in new sub-
paragraph (8ZA) should be included. Sub-paragraph (6)(b) substitutes a reference to sub-
paragraph (7) with a reference to new paragraph 7ZA(1)(a), in consequence of that new
provision.
503 Paragraph 9(7) inserts new sub-paragraphs (8ZA) and (8ZB). Sub-paragraph (8ZA) sets out the
circumstances for a person being ‘excluded’ from a proxy postal voters list. Sub-paragraph (8ZB)
inserts a requirement for Electoral Registration Officers to keep a record of only the latest
information for an applicant that pertains to elections of the kind in question.
504 Paragraph 9(8) amends sub-paragraph (9) of paragraph 7 of Schedule 4 to the RPA 2000, relating
to circumstances in which an Electoral Registration Officers should remove a person’s entry
from the proxy postal voters list. Sub-paragraph (8)(a) inserts a clarification point that sub-
paragraph (9) should be in respect of a kind of election, thereby reflecting the fact that a proxy
can have different arrangements in respect of local government or parliamentary elections.
505 Sub-paragraph (8)(b) substitutes sub-paragraph (9)(a), relating to the circumstances in which a
person’s entry must be removed from the record of those proxies with longer-term proxy postal
voting arrangements. These circumstances are: where a person applies to be removed (sub-
paragraph (9)(a)); and where a new application is granted to vote by post as proxy at a particular
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parliamentary or local government election, overriding the existing arrangement (new sub-
paragraph (9)(aa)).
506 Sub-paragraph (9) inserts new sub-paragraphs (9A), (9B) and (9C) into paragraph 7, that relates
to the circumstances in which a proxy’s entry relating to a particular election proxy postal voting
arrangement must be removed from the proxy postal voters list. New sub-paragraph (9B)
outlines these circumstances. Sub-paragraph (9A) allows regulations under (9)(aa) to make
provisions relating to the Electoral Registration Officer’s satisfaction as to any matter. Sub-
paragraph (9C) requires Electoral Registration Officers to grant an application under new sub-
paragraph (9)(a) or (9B)(a) to cancel a particular election proxy postal voting arrangements
where the application meets prescribed requirements.
507 Paragraph 10 inserts new paragraph 7ZA into Schedule 4 to the RPA 2000. It provides for a
proxy with a proxy postal voting arrangement to be able to apply for alternative arrangements
to voting by post as proxy in particular elections. It is equivalent to new paragraph 3A.
508 Paragraph 11 omits paragraph 7F which is redundant as a result of new paragraph 1A.
509 Paragraph 12 inserts new paragraph 7G, which allows regulations to make provisions
prescribing circumstances in which an Electoral Registration Officer must refuse or disregard an
absent vote application during an election period. New paragraph 7G(2) also allows regulations
under this paragraph to make provisions relating to the Electoral Registration Officer’s
satisfaction as to any matter, and about the information to be included in an absent vote list
where an application must be disregarded.
Absent Voting in Northern Ireland
510 Paragraphs 13 to 17 amend the RPA 1985, in relation to absent voting arrangements for voting at
UK parliamentary elections in Northern Ireland.
511 Paragraph 14 amends section 6, relating to absent vote arrangements for voting at elections for
an indefinite period. Sub-paragraphs 14(2) and 3 amend the checks on national insurance
numbers the Electoral Registration Officer must carry out when determining an application for
an absent vote. Sub-paragraph (2) removes the current check for applications for an indefinite
absent vote that the Electoral Registration Officer is required to carry out where an application
for an absent vote does not contain a national insurance number. Sub-paragraph (3) replaces this
check with a new check that the Electoral Registration Officer will need to carry out in these
circumstances. The new requirement is that no national insurance number was provided on a
previous application to register or for an electoral identity document, and the Electoral
Registration Officer does not have any reason to believe the applicant has a national insurance
number.
512 Sub-paragraph 14(4) inserts new section 6(4)(aa), relating to circumstances in which the Electoral
Registration Officer must remove a person from the proxy and postal lists. New section 6(4)(aa)
requires that the Electoral Registration Officer must remove a person’s entry where their
application for registration was refused or withdrawn during the objections period, meaning
that they no longer fall within the wider meaning of “will be registered” as provided by new
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
subsection (9), which is inserted by sub-paragraph 14(5), together with new subsection (10). This
wider meaning includes those that have applied for registration and who would otherwise be
registered except that “the objections period”, as defined in new subsection (10), has not yet
expired.
513 Paragraph 15 amends section 7, relating to absent voting arrangements for the purpose of voting
at a particular election, in a similar way to the changes made to section 6 by paragraph 14. It also
amends section 7 to mirror existing provisions in section 6 where by the Electoral Registration
Officer must remove a person from the absent voter’s list if they cease to be registered or be
registered at the same qualifying address or cease to be or become registered as a service voter
or in pursuance of a declaration of local connection or an overseas elector’s declaration.
514 Paragraph 16 amends section 8 of the RPA 1985, relating to the appointment of proxies for the
purpose of voting at UK parliamentary elections held in Northern Ireland. Sub-paragraph 15(2)
inserts new subsection (7B), which allows a proxy to be appointed by an elector who “will be
registered” within the wider meaning provided by new section 6(9)(a).
515 Sub-paragraph 16(3) inserts new paragraphs (a) and (b) into subsection (9), thereby requiring the
cancellation of a proxy appointment made in reliance upon new subsection (7B) where the
appointing elector’s registration application is then subsequently refused or withdrawn.
516 Paragraph 17 amends section 9, relating to voting as proxy. Paragraph 176(2) inserts subsection
(10A), which allows applications for proxy postal voting arrangements to be granted where the
elector for whom the proxy acts falls within the wider meaning of “will be registered” which is
provided by new section 6(9)(a). Paragraph 17(3) inserts new subsection (11)(aa), thereby
requiring the cancellation of a longer-term proxy postal voting arrangement where the elector on
behalf of whom the proxy acts fell within that wider meaning of “will be registered” when the
arrangement was granted and then subsequently the elector’s registration application is refused
or withdrawn within the objections period.
517 Paragraph 17(4) inserts new subsection (11ZA) into section 9, requiring the Electoral Registration
Officer to remove a person’s entry from the proxy postal voters list which relates to a proxy
postal voting arrangement for a particular election in the circumstances set out in that new
subsection.
Offences
518 Paragraphs 18 to 22 make amendments to the RPA 1983, relating to offences.
519 Paragraphs 19 and 20 amend sections 13CA and 13D of the RPA 1983 respectively, to provide
that the offences in those sections relating to the provision of false information to an Electoral
Registration Officer in connection with an absent voting application apply to all applications
under Schedule 4 to the RPA 2000.
520 Paragraph 21 amends section 62A, which relates to offences relating to applications for postal
and proxy votes. It extends the definition of an offence to include where persons make a false
statement in an application for a person to be removed from a postal or proxy list, or in an
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
application to switch from a postal vote to vote in person at a particular election. It does this by
inserting next text into subsection (2)(b) of section 62A, and subsection (4A) after subsection (4)
with a reference to applications under Schedule 4 to the RPA 2000. Subsection (4A)(b) clarifies
that the reference to absent voting applications in subsection 2(b) also refers to applications for
an absent vote under sections 6 to 9 of the RPA 1985 (absent voting in Northern Ireland).
521 Paragraph 22 amends section 62B, which relates to Scottish local government elections: offences
relating to applications for postal and proxy votes. In the same way as paragraph 18, it extends
the definition of an offence to include where persons make a false statement in an application for
a person to be removed from a postal or proxy list, or in an application to switch from a postal
vote to vote in person at a particular election. It does this by inserting next text into subsection
(3)(b) of section 62B.
Regulations as to registration
522 Paragraph 23 amends Schedule 2 to the RPA 1983, which relates to provisions which may be
contained in regulations as to registration, absent voting etc. Sub-paragraph (2) and (3) defines
references in this paragraph to an Electoral Registration Officer’s, and in Northern Ireland, the
Chief Electoral Officer’s, registration duties to include references to absent vote applications
made under Schedule 4 to the RPA 2000 for Great Britain not previously referenced, and also
section 9 of the RPA 1985 in Northern Ireland.
523 Sub-paragraph (4), which amends paragraph (5ZB) of Schedule 2 to the RPA 1983 which relates
to use of the UK digital service for devolved absent voting applications, links the definition of a
“relevant devolved absent voting application” to those applications made under Schedule 4 to
the RPA 2000. It does this by omitting a reference to “paragraph 3, 4 or 6 of”. Sub-paragraph (5)
makes a similar amendment to paragraph 13(1ZZA) of Schedule 2 to the RPA 1983.
524 Paragraph 24 amends part 1 of the EA(NI)A 1989 to remove reference to paragraph 5ZB of
Schedule 2 to the RPA 1983, to clarify that paragraph (5ZB) has no application in respect of local
elections in Northern Ireland.
Information to assist understanding of elections etc
Clause 49: Power to obtain election related information etc
525 Clause 49 creates a new power for the Secretary of State to make regulations to require specified
officers to provide information to either the EC, the Secretary of State, or both, about specified
elections, referendums, or recall petitions for the purpose of helping people to understand the
election, referendum or recall petition process. Clause 49(6) provides that the regulations are
subject to negative procedure (i.e. subject to annulment in pursuance of a resolution of either
House of Parliament).
526 Clause 49(2) and (3) sets out the information that may be required by regulations for the stated
purpose of helping people to understand the election, referendum or recall petition process. The
non-exhaustive list set out at 49 (2) is intended to capture a wide range of factual information
including, but not limited to: information on polling stations – including location, the area
served and the accessibility equipment available there; information on statutory application
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These Explanatory Notes relate to the Representation of the People Bill as introduced in the House of Commons
on 12 February 2026 (Bill 384)
deadlines for electors - including applications to register to vote and apply for an absent vote;
information on expected dispatch and delivery dates of postal ballot packs; and factual
information about candidates. This information should be limited to factual information only.
Clause 49(3) prevents regulations under the new power from requiring personal data about
individuals. It is envisioned that information provided by specified officers will be made
publicly available on an electronic platform that electors would be able to use as a single source
of information about elections.
Clause 50: Specified officers & Clause 51: Specified elections etc
527 Clause 50 sets out officers who are specified for the purposes of such regulations. Clause 51 sets
out the elections, referendums and recall petitions in respect of which information may be
requested by such regulations.
Other provision about the conduct of elections etc
Clause 52: Effect of the death of the Sovereign on certain elections and referendums
528 Clause 52 gives effect to Schedule 4that adds new section 20A into the RPA 1985 which in turn
inserts new Schedule 2A into the Act that makes provision about the effect of the death of the
Sovereign on certain elections and referendums.
Schedule 4 — Effect of the death of the Sovereign on certain elections and
referendums
529 Paragraph 1 sets out the circumstances in which the provisions in Schedule 2A concerning the
demise of the Crown apply to a relevant election or local referendum (as defined in paragraph
11). The provisions apply to a relevant election or local referendum if a demise of the Crown
occurs and condition A or B is met. Condition A is where the polling day for the election or
referendum must be fixed under legislation and has not been fixed when the demise of the
Crown occurs and could only be fixed as a day which falls within the period of 30-working days
after the demise. Condition B applies where the polling day for the election or referendum is
known when the demise of the Crown occurs and is within 30-working days after the demise.
Paragraphs 2, and 5 to 11 apply in any case where Schedule 2A applies. Paragraph 3 applies only
in a case where condition A is met. Paragraph 4 applies only in a case where condition B is met.
530 Paragraph 2 makes provision concerning the computation of periods of time for the purpose of
these provisions. It provides that any working day within the period of 13 days beginning with
the day after the demise of the Crown must be disregarded in computing any period of time in
relation to the election or referendum and must not be treated as a day for the purpose of any
proceedings before the polling day. This has the effect of creating a pause of 14 days in the
elections timetable for the polls being held. This paragraph is subject to paragraph 7.
531 Paragraph 3 applies only in a case where condition A in paragraph 1(2) is met. It concerns the
setting of polling day for an election or referendum where this is not fixed when the demise of
the Crown occurs but would have needed to occur within the period of 30 working days
after the demise. When a vacancy occurs, a Returning Officer may be required to hold a by-
election within a certain timeframe (for example, for local council vacancies in England, a