ELECTORAL REGISTRATION AND ADMINISTRATION BILL …data.parliament.uk/DepositedPapers/Files/DEP2012... · Government response to pre-legislative scrutiny, published on 9th February

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ELECTORAL REGISTRATION AND ADMINISTRATION BILL

Memorandum by the Cabinet Office for the House of Lords Delegated Powers and

Regulatory Reform Committee

A. INTRODUCTION

1. This memorandum provides an overview of the Electoral Registration and

Administration Bill and sets out: each of the provisions which confer power to make

delegated legislation, the purpose of these powers, the rationale for including the

subject matter in secondary rather than primary legislation and the intended

parliamentary scrutiny procedure.

B. PURPOSE AND EFFECT OF THE BILL

2. Part one of the Bill focuses on Individual Electoral Registration. The coalition

agreement contains a promise to “reduce electoral fraud by speeding up the

implementation of individual voter registration” and on 15 September 2010, the

Government announced that it plans to bring Individual Electoral Registration (IER)

into force in Great Britain in 2014, as opposed to after the next general election as the

previous Government proposed. On 30 June 2011 the Government published a

White Paper on IER together with draft legislation for pre-legislative scrutiny.

3. The document set out proposals for this major change to our system of electoral

registration which will improve accuracy, requiring electors to register individually

rather than by household. In doing so, an individual must provide information

which will be used to verify their application. Only once their application has been

verified can a person be added to the register. IER will bring greater protection

against electoral fraud and help to rebuild trust in our electoral system.

4. The intention is that IER will be a requirement for any new registrations and for

anyone who wants to vote by post or proxy from 2014, and after the publication of

the revised register published around 1 December 2015 everyone on the electoral

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register will be registered under the new system and will have been verified (with

the exception of some voters with a service declaration).

5. In order to help people manage the transition, an elector who fails to respond to the

first IER canvass in 2014 will be carried forward in the revised electoral register

unless the person had been carried forward after a non-response to the delayed 2013

canvass (the final old-style canvass), or the electoral registration officer (registration

officer) otherwise determines that the person is ineligible. This will ensure that these

electors are registered to vote for the General Election in 2015.

6. The Political and Constitutional Reform Committee carried out pre-legislative

scrutiny on these proposals and over 900 responses were received as a result of the

public consultation. There was widespread support for the principle of introducing

IER from both the Committee and those who responded to the consultation. The

Government response to pre-legislative scrutiny, published on 9th February 2012, set

out a number of changes to the White Paper proposals as a result of the

recommendations.

7. The White Paper set out the approach that in 2014 all electors would be required to:

re-apply to register, provide specified personal information (“verifying information”)

and have this verified against the Department of Work and Pensions (DWP) or Her

Majesty‟s Revenue and Customs (HMRC) data. During 2011 a series of data

matching pilots were carried out where electoral registers were compared with a

range of data from public authorities. This showed that by comparing registers

against the DWP Customer Information System, an average of 66% of entries on the

register can be confirmed with a sufficient degree of certainty that the individual‟s

information can be verified as accurate. As a result of this, the Bill now contains

provisions which allow an order to be made requiring all electoral registers to be

cross-matched against trusted public data sources in 2014. All individuals whose

entries on the register can be individually matched will be confirmed as entries on

the register and need take no further action. Those whose information cannot be

matched will be invited to register individually in accordance with the policy set out

in the White Paper. This is subject to a further round of data matching pilots which

will refine the most effective ways to use data matching to this effect.

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8. The White Paper also indicated that in response to an invitation to register an

individual may have the ability to indicate that they did not wish to receive further

invitations to register until the following annual canvass. Several concerns were

raised about the impact of this proposal on the completeness of the register. This

proposal has subsequently been reconsidered and the provision which would have

enabled this has been removed. Consultation responses also suggested the use of a

civil penalty for failing to respond to an invitation to register. Having considered the

finely balanced arguments and practical implications of this suggestion, this Bill

includes a provision enabling a registration officer to impose a civil penalty on

individuals who fail to make an application when invited to do so after a registration

officer has imposed a requirement to make an application and taken prescribed steps

(steps which are intended to encourage the making of an application).

9. In addition, the Bill contains a power to delay the 2013 canvass until the early part of

2014 so that the register used for the matching and invitations described at

paragraph 7 above is more up to date.

10. Part two of the Bill provides for changes to legislation on electoral administration

and conduct. The majority of these are included in primary legislation; however

there are two delegated powers provided in the Bill.

C. DELEGATED POWERS

Parliamentary Procedure

11. The most significant delegated powers in the Bill are created by the amendment of

the powers to make regulations under the Representation of the People Act 1983

(“the 1983 Act”), largely by the insertion of powers into the existing powers relating

to electoral registration at Schedule 2 to the 1983 Act. Section 201 of that Act provides

that (with three exceptions which are not relevant here) regulations under that Act

are subject to the affirmative procedure, and section 7 of the Political Parties,

Elections and Referendums Act 2000 provides that the Electoral Commission must be

consulted before regulations are made under the 1983 Act to which the affirmative

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procedure applies. That reflects the significance of delegated legislation affecting the

electoral system, and the regulation-making powers inserted into the 1983 Act by this

Bill are subject to the same requirement.

12. Clause 10(2) provides that the affirmative procedure is to apply to orders made

under Part 1 of the Bill. This is in line with regulation-making powers under the 1983

Act (as mentioned above), and again reflects the significance of delegated legislation

affecting the electoral system.

13. Some powers are also conferred on Ministers without parliamentary procedure;

these are dealt with individually below. This memorandum only mentions

parliamentary procedure where the affirmative procedure does not apply.

Ministers on whom powers are conferred

14. Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837) provides

that the powers conferred on the Secretary of State under the 1983 Act (with

exceptions which are not relevant here) are exercisable concurrently by the Secretary

of State and the Lord President of the Council. Where this Bill inserts or amends

regulation-making powers in the 1983 Act, they are conferred on the Secretary of

State, but clause 23(2) of this Bill clarifies that the Order applies to those powers in

the same way as existing powers in the 1983 Act. The same is true of the power

inserted into the Representation of the People Act 2000 by clause 20. The order-

making powers in this Bill are conferred on the Lord President of the Council and the

Secretary of State (see the definition of “Minister” at clause 23(1)).

Application to Northern Ireland

15. Although the Bill extends to Northern Ireland, the amendments to the registration

system apply (with very minor exceptions) only to registrations in Great Britain,

therefore the powers in Part 1 of the Bill relate to the registration system in Great

Britain. The powers in Part 2 also apply only to Great Britain.

Part 1

Prescribing the procedure for objections to applications

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Clause 1(1); new section 10ZC(2) of the 1983 Act: The procedure for objecting to an

application

Power conferred upon: Secretary of State

Power exercised by: Regulations made by Statutory Instrument

16. This subsection gives the Secretary of State the power to specify in regulations the

requirements for a person to object to a person‟s registration. The current equivalent

power (at s.10A(3) of the 1983 Act read together with the definition of “determines”

at subsection (9)) is restricted to the register in Northern Ireland by the amendments

made by paragraph 10 of Schedule 4 to the Bill. This power will be used to continue

the prescription of the way in which an objection must be made.

17. These regulations will be similar to regulation 27 of the Representation of the People

(England and Wales) Regulations 2001 (and the equivalent regulations for Scotland)

(“the 2001 Regulations”). These provisions are appropriate for delegated legislation

because they deal with procedural details of the type that are currently set out in the

2001 Regulations.

Determining an application under the new system

Clause 1(1); new section 10ZC(3) of the 1983 Act: The procedure for determining

applications




procedure for determining applications; this would apply to applications made

under the standard paper form method as well as under any alternative channels.

The current equivalent power (at s.10A(1) of the 1983 Act read together with the

definition of “determines” at subsection (9)) is restricted to applications for

registration in Northern Ireland by the amendments made by paragraph 10 of

Schedule 4 to the Bill. This power will be used to continue the prescription of the

specific steps a registration officer must have followed before an individual can be

included on the electoral register or an application can be rejected.

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19. These regulations will be similar to regulations 28 to 31 of the 2001 Regulations but

with additional references to verification, and will provide that:

a. a registration officer will keep separate lists of applications for registrations

and objections to applications;

b. on receipt of an application a registration officer will enter the name and

address of the applicant onto the list and will carry out the steps relating to

verification required by regulations made under powers in clause 2;

c. on receipt of an objection to an application a registration officer will enter the

name and address of the objector into the objections list along with the name

and address of the applicant they are objecting to;

d. a note of the objection will also be included in the list of applications;

e. the registration officer may ask for further information relating to an

objection and take no further action until such information is supplied;

f. if no objection is made within 5 days of the elector being added to the list of

applicants and the requisite verification is confirmed, a registration officer

may allow the application summarily.

20. These provisions are appropriate for delegated legislation because they deal with

procedural details of the type that are currently set out in the 2001 Regulations.

Clause 1(3) to (5): Guidance about determining applications

Power conferred upon: Lord President of the Council or Secretary of State

Power exercised by: Guidance

No parliamentary procedure

21. These subsections require registration officers to have regard to guidance given by

the Secretary of State or Lord President of the Council about the determination of

applications (including the process for determining applications and the weight to be

given to different kinds of evidence). This requirement applies only for the first 5

years following commencement of the new registration system. The intention is that

this power will be used to give guidance on the technical aspects of the new

registration system, and in particular how registration officers interpret the results of

the matching of applicants‟ verifying information with public authority databases

which will be a new aspect of registration officers‟ duties. After 5 years, registration

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officers are likely to be familiar with the operation of the new system and the

requirement will no longer be necessary.

22. No parliamentary procedure need be applied to this guidance because it will relate

only to detailed technical aspects of the registration process. The substantive

procedure for determining applications will remain in regulations subject to the

affirmative procedure, and the final determination of each application will be for the

registration officer him- or herself.

Making and verifying applications

Clause 2(2); new paragraph 1(2A) and (2B) of Schedule 2 to the 1983 Act: Additional

information an applicant must provide


Power exercised by: Regulations made by Statutory Instrument, and non-legislative

publication with no parliamentary procedure

23. This power will be used to enable a registration officer to require an applicant to

provide alternative or additional verifying information when the information given

in the original application failed the standard verification checks. The options open

to the registration officer would be:

a. where the registration officer suspects that the applicant may have simply

made an error in the information given with the application, the applicant

may be required to reconfirm that information;

b. where it appears that there is no error in the original information, the

application may be required to provide additional documentary evidence.

24. The power may also be used to enable a registration officer to require information

from an existing registered elector to enable current register entries to be checked.

These new sub-paragraphs provide particularisation of the scope of the existing

power at paragraph 1(2) of Schedule 2 to the 1983 to authorise a registration officer to

require persons to give information for the purpose of the registration officer‟s

registration duties (which power is extended by paragraph 18(2)(a) of Schedule 4 to

the Bill to enable regulations to require a registration officer to do this). Sub-

paragraph (2A) clarifies that regulations may authorise or require a registration

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officer to require an applicant to provide evidence that they are the person named in

the application or to require an applicant or a registered elector that they are entitled

to be registered, and sub-paragraph (2B) clarifies that the requirement may be to

provide that evidence to someone other than the registration officer.

25. Paragraph (2B) is included so that, if the requirement is to produce documents,

regulations may provide for them to be produced at various convenient locations in

local communities rather than requiring attendance at local authority offices.



27. Sub-paragraph (2A) confers a power on the Secretary of State to prescribe the kind of

evidence that may be required in regulations, or to determine it without the need for

legislation or parliamentary procedure. The question of what information or

documents have sufficient evidential value to be relied upon is a technical one, and

one which changes over time as the technology used by various entities changes.

Therefore the Government is likely to wish to set out what verifying information

should be used, and this information may need to be changed at short notice. It is

appropriate for this level of detail, which is based on technical considerations and

may need to change at short notice, to be set out in a non-legislative Government

publication without parliamentary scrutiny.

Clause 2(3); new paragraph 3ZA(1)(a) of Schedule 2 to the 1983 Act: The form and

content of applications



28. The current power to prescribe the form and content of applications for registration

and declarations to be made in connection with them is at paragraph 3A of Schedule

2 to the 1983 Act. Paragraph 18(4) of Schedule 4 to the Bill restricts that provision to

applications for registration in Northern Ireland, and this new provision replicates it

for Great Britain. The intention is that this power will be used to make provision as

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to the required content of applications similar to that currently at regulation 26 of the

2001 Regulations.

Clause 2(3); new paragraph 3ZA(1)(b) & 3ZA(2) of Schedule 2 to the 1983 Act: The manner

in which applications are to be made



29. These provisions ensure that a range of channels for registration can be offered. Our

current intention is that applications will need to be submitted to a registration

officer either in digital format (such as via a website) or in hard copy format (such as

a paper form). It may be that regulations will also provide for the use of assisted

channels such as door to door canvassers, telephone call centre agents or electoral

office staff; however the format of the application received by the registration officer

will be either digital or hard copy.

30. Regulations will also specify the routes through which an application is to be

submitted e.g. by post, delivered in person, received via a designated national or

local authority website. There may also be opportunities to enable applications to be

made alongside other transactions between the citizen and Government where the

citizen has already verified their application for that transaction (such as applications

for driving licences and passports).

31. Paragraph 3ZA(2) is included to ensure that, where an application method requires

the involvement of a third party, or requires a registration officer to take steps to

prepare a route for the submission of applications (for example establishing a

website), regulations may provide for that. It is also included because the intention is

that the Electoral Commission will design and conduct user-testing of canvass forms.

It also leaves open the opportunity for the Electoral Commission to be involved in

the design and testing of other methods of responding to the canvass.

32. It is appropriate for these provisions to be included in secondary rather than primary

legislation because they will contain procedural detail which may change over time,

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and so as not to preclude the use of emerging technology or limit the channels which

can be utilised following future technological developments.

Clause 2(3); new paragraph 3ZA(3) to (6) of Schedule 2 to the 1983 Act: Evidence to be

provided with applications


Power exercised by: Regulations made by Statutory Instrument, and non-legislative

publication with no parliamentary procedure

33. These regulations will be used to set out the verifying information that must be

provided with an application. Our current intention is that this will be the National

Insurance Number (NINO) and date of birth (DOB), with alternatives for those

unable to provide these. The alternative is likely to consist of the provision of two

documents from a standard list, at least one of which must be photographic. Sub-

paragraph (4) enables those alternatives to be set out either in regulations or in a non-

legislative Government publication, for the reasons set out at paragraph 25 above.

Sub-paragraph (6) is included so that regulations may provide for evidence to be

produced at various convenient locations in local communities rather than requiring

attendance at local authority offices, and so that where an application is made via a

third party the accompanying evidence may also be provided to such a third party.


procedural details about the making of applications of the type that are currently set

out in the 2001 Regulations. The question of what information or documents have

sufficient evidential value to be relied upon is a technical one, and one which

changes over time as the technology used by various entities changes. Therefore the

Government is likely to wish to set out what alternative verifying information

should be used where the applicant is unable to provide the standard information,

and this information may need to be changed at short notice. It is appropriate for this

level of detail, which is based on technical considerations, to be set out in a non-

legislative Government publication without parliamentary scrutiny.

Clause 2(4); new paragraph 8B of Schedule 2 to the 1983 Act: Accepting a prescribed

person’s statement of fact as evidence

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35. This power enables regulations to authorise or require a registration officer to treat a

person‟s statement of fact as evidence of that fact. This is included for two reasons.

First, where provision is made under previously mentioned provisions for evidence

to be provided to third parties rather than directly to a registration officer, this

provision enables the third party to pass on to the registration officer confirmation of

the evidence. Second, regulations may be made in the future to enable an applicant

who has already been verified by another trusted person to rely on that previous

verification (which would be communicated by the trusted person to the registration

officer) and so remove the need for verifying information to be provided with an

application. For example, the applicant might already have been verified when

carrying out another transaction with Government. It is not intended to make

provision for this second purpose initially, however we are investigating the

possibilities for such a system.

36. These matters are appropriate for delegated legislation because they deal with

procedural details about the making of applications of the type that are currently set

out in the 2001 Regulations.

The annual canvass

Clause 4; new section 9D(3) and (4) of the 1983 Act: The manner in which the canvass

is to be conducted



37. Similar to new paragraph 3ZA(1)(b) of Schedule 2 to the 1983 Act at clause 2(3), this

enables regulations to require registration officers to use a range of channels to

conduct the annual canvass or to make a range of channels available for individuals

to respond to the canvass. This ensures that the system can adapt to future

developments. Initially the annual canvass form will continue to be sent in hard

copy, by post. The channels through which an individual can respond which we are

currently exploring include postal, online, telephone and face to face channels.

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Subsection (4) is included because the intention is that the Electoral Commission will

design and conduct user-testing of application forms and canvass forms. This also

leaves open the opportunity for the Electoral Commission to be involved in the

design and testing of other methods of responding to the canvass.

38. This has been included as a regulation-making power rather than including

provisions in the primary legislation so as not to limit the channels which can be

utilised following future technological developments – for example e-canvassing –

the sending of canvass forms via email.

Clause 5; new section 9E(2) and (3): Invitations to register



39. These provisions enable regulations to specify the form and content of invitations to

apply to register, the manner in which an invitation must be given, how often an

invitation must be sent and the documentation which must be sent with an

invitation.

40. The intention is that the regulations under new section 9E(2)(a) and (b) will require

that invitations to register are sent to individuals in hard copy within one month of

the registration officer becoming aware of a potential eligible applicant. There are a

variety of ways a registration officer could become aware of a potential eligible

applicant including, but not limited to, through a canvass return or through data

matching enabled under the powers in Schedule 2 to the Bill. Subsection (3) is

included because the Electoral Commission may be given a role in drafting or

conducting user-testing of prescribed wording for invitations.

41. Regulations made under new section 9E(2)(c) will require invitations to be

accompanied by or combined with a partially completed application form. This will

be pre-populated with the name and address of the individual to whom it is sent. We

also intend to use these regulations to require a registration officer to include an

„insert‟ with all invitations asking whether there are any other potentially eligible

individuals who live at the same address.

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42. These matters are appropriate for delegated legislation because they deal with

procedural details about the giving of invitations which may change over time.

Clause 5; new section 9E(6): Requiring an application



43. Section 9E(6) enables regulations to make provision about requirements to make

applications, and set out the steps a registration officer will need to undertake before

a requirement to make an application may be imposed. At this stage we anticipate

that these will include sending a reminder to the property and having a report from a

canvasser who has had direct contact with the individual. This is appropriate for

delegated legislation because it deals with procedural matters which will need to

reflect the procedures for other parts of the invitation process which will themselves

be set out in regulations.

Clause 6: Amending or abolishing the annual canvass


Power exercised by: Order made by Statutory Instrument

44. This power allows the annual canvass to be abolished or amended, or an alternative

to the annual canvass to be put in place. This power includes a power to amend

section 9D of the 1983 Act (which is inserted by clause 4 of the Bill) and to confer a

power to make secondary legislation. It is not intended that this provision will be

used immediately; an annual canvass of all addresses is to continue to be the primary

means for registration officers to collect information. However, it is intended that in

future alternative means of obtaining information will become available (for example

data sharing under the powers in Schedule 2 to the Bill) and, if those alternative

means provide a more efficient means of obtaining information, it may be desirable

to replace the current canvass requirement entirely, or to retain it in a modified form.

Northern Ireland abolished the annual canvass in 2006 and now operates a system of

„continuous registration‟ which operates successfully.

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45. Amendment to the annual canvass may require amendment to the provisions which

require it to be carried out in its current form, so may require amendment to section

9D of the 1983 Act and may require consequential amendment of other existing

legislation relating to the canvass. It may be that the details of any alternative scheme

would be best included in regulations with other provisions relating to electoral

registration, and for this reason subsection (5) provides that the order may confer

power to make secondary legislation.

46. It is appropriate for this power to be delegated because it deals with the question of

what is an efficient and reliable means of delivering the purpose set out at clause

6(1). The answer to that question may change over time depending on technical

progress and the nature of other information available.

47. In addition to the affirmative resolution procedure, clause 7 of the Bill requires the

Minister to lay a report by the Electoral Commission on the proposed order when

laying a draft order before Parliament (unless the draft order makes provision only

for the reinstatement of the canvass).

Clause 8: Piloting of changes to annual canvass

Power conferred upon: Lord President of the Council and Secretary of State


48. This power enables amendments to the annual canvass of the type enabled by clause

6 to be piloted for a specified period if proposed by the registration officer for the

area where the pilot is to take place. Once the pilot is concluded, the Electoral

Commission must evaluate the success of the pilot in ascertaining individuals not on

the register who are entitled to be registered and electors who should be removed

from the register.

49. As with the power at clause 6, it is not intended that this power would be used

immediately, but is included in order that proposed amendments to the annual

canvass can be piloted if and when it becomes apparent that it may be desirable to

replace the annual canvass of all addresses as the means for achieving the purpose at

clause 6(1). The Electoral Commission‟s report would then inform the Minister‟s

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decision as to whether to propose a permanent amendment to the annual canvass

under the power at clause 6. It is appropriate for such pilots to be dealt with in

delegated legislation because the details of the pilots will depend on many external

factors which cannot be predicted in advance.

Clause 9: Piloting registration provisions



50. This power enables pilot schemes to be used to test the new registration and

verification system if proposed by the registration officer for the area where the pilot

is to take place. Such an order would necessarily involve modifying provisions in the

1983 Act to reflect the amendments to be made by the Bill, in order to pilot those

amendments. Subsections (5) and (6) include powers to make provision for what

happens at the end of the pilots and to modify the transition to the new system in the

pilot areas. It is intended that pilots could take place to test the new system before it

is implemented across Great Britain. For the period of the pilots, registration officers

in the pilot areas would need to use the new system. Subsection (6) would be used to

provide that individuals added to the electoral register in a pilot would be

considered to have registered under the new system when it is commenced across

Great Britain.

51. It is appropriate for such pilots to be dealt with in delegated legislation because it is

not yet known precisely whether, when and where pilots will take place or the

details of what will be tested and how they will be run.

Part 2

Clause 15: Power to prescribe the manner by which notices specifying alterations to the

register must be issued



52. This power provides for the prescribed manner by which the additional alterations to

the electoral register provided for by this clause are to be issued. It is based on

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existing power to prescribe the manner of such alterations in sections 13A and 13B of

the 1983 Act, for which provision in regulations (at regulation 36(2) of the 2001

Regulations) is made. The regulations require a copy of the alteration to be made

available for inspection under supervision at the registration officer‟s office (and

other places), and supplying copies of it in accordance with Part VI of the 2001

Regulations, and to any person affected by its contents. We would intend to apply

the existing provision for the purposes of the power contained in this clause.

Clause 20: Power to specify the circumstances in which electors are to be informed that

their postal vote has been rejected

Power conferred upon: Secretary of State, save as regards local government elections in

Scotland where the power is conferred on Scottish Ministers

Power exercised by: Regulations made by Statutory Instrument, save as regards local

government elections in Scotland where the power is exercised by Scottish Statutory Instrument

53. We intend that electors will be informed where their postal vote identifiers (PVIs -

signature and date of birth, submitted alongside the postal vote) have failed to match

those held on record at a poll, resulting in their postal vote being rejected (unless an

attempt at electoral fraud is suspected). These regulations will be used to set out the

circumstances when, as well as the manner and timescale in which, registration

officers must inform electors of a PVI failure following a parliamentary election in

England, Wales and Scotland, or a local election in England and Wales. The power

also enables the Scottish Government to make regulations in respect of local elections

in Scotland.

Part 3

Clause 25: Commencement

Power conferred upon: Lord President of the Council and Secretary of State



54. All of the provisions in Parts 1 and 2 of the Bill are to be commenced by order.

Pursuant to clause 25(4) commencement orders may include transitional, transitory

or saving provision in connection with the coming into force of provisions. This is

included to ensure that provisions can be commenced without causing practical

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difficulties. For example, clause 15 (alteration of electoral registers: pending

elections) is drafted for the position after the commencement of the amendments

made by Part 1 of the Bill. However if clause 15 is commenced before the relevant

provisions in Part 1, it may be necessary to make provision modifying clause 15 until

those provisions in Part 1 are commenced. It is not considered that such provision

requires the application of a parliamentary procedure.

55. It should be noted that this power will not be used for the significant orders setting

out timing and key steps for the transition to the new system of individual

registration, which will be made under powers in Schedule 5 and will be subject to

the affirmative procedure.

Schedule 1: Register of electors; alterations and removal

Paragraph 1; new section 10ZD(3) of the 1983 Act: Alteration of names and addresses of

electors on the register



56. This power is the equivalent for amendments to the register to that mentioned at

paragraphs 18 to 20 of this Memorandum for new entries on the register. Regulations

will set out the procedure that the registration officer will need to follow before

amending an individual‟s entry on the register.

Paragraph 1; section 10ZE(4) of the 1983 Act: Removing electors from the register




procedure for determining whether an entry should be removed from the register.

The current equivalent power (at s.10A(5) of the 1983 Act read together with the

definition of “determines” at subsection (9)) is restricted to the register in Northern

Ireland by the amendments made by paragraph 10 of Schedule 4 to the Bill. This

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power will be used to continue the prescription of the specific steps a registration

officer must have followed before determining that an entry should be removed.

58. These regulations will be similar to regulations 28 to 31F of the 2001 Regulations.

These provisions are appropriate for delegated legislation because they deal with


Paragraph 1; section 10ZE(6) of the 1983 Act: Objections process




requirements for a person to object to a person‟s registration. The current equivalent

power (at s.10A(3) of the 1983 Act read together with the definition of “determines”

at subsection (9)) is restricted to the register in Northern Ireland by the amendments

made by paragraph 10 of Schedule 4 to the Bill. This power will be used to continue

the prescription of the way in which an objection must be made.

60. These regulations will be similar to regulation 27 of the 2001 Regulations. These

provisions are appropriate for delegated legislation because they deal with


Paragraph 2: Guidance about determining applications


Power exercised by: Guidance


61. This power is the equivalent for amendments to the register to that mentioned at

paragraphs 21 and 22 of this Memorandum for new entries on the register, and is in

the same terms as that power.

Schedule 2: Sharing and checking information

Paragraph 2; paragraph 1A of Schedule 2 to the 1983 Act: Sharing information


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62. This paragraph is inserted into Schedule 2 to the 1983 Act in order to enable the

sharing of information to assist registration officers in their duties, and more

specifically to assist registration officers to verify applications for registration and to

check the accuracy and completeness of their existing registers. Sub-paragraph (1)

provides a general power for regulations to authorise or require a person to disclose

information to another person for these purposes. Sub-paragraph (2) provides that

regulations may authorise or require information provided under sub-paragraph (1)

to be compared with other information and the results disclosed to a registration

officer.

63. The intention is that regulations will provide for information from specified public

sector databases (initially the intention is that this would be from records held by

DWP) and from registration officers (either in their electoral register, or in an

application to be added to the register) to be matched in order to enable registration

officers to use the comparison results to determine either whether an application is

valid, or to investigate whether particular entries on the register should be removed,

or to invite individuals who do not appear on the register to make an application to

register.

64. Sub-paragraph (3) contains a number of more detailed provisions that may be

included in regulations relating to data sharing. A power to confer functions and to

make grants to persons is included to ensure that an entity that would otherwise not

have the power or the funding to be involved in the data matching process may be

included in the process. Powers are also provided to require data to be retained or

disposed of, and to restrict and regulate what is done with data. The intention is that

the initial regulations will include particular requirements as to how, and for how

long, data is retained, and how and when it is to be deleted. It is also intended that

regulations will impose prohibitions on the disclosure or use of data other than as

permitted by the regulations.

65. These specifics of the persons by whom or to whom information is to be disclosed, or

the information to be disclosed are to be included in delegated legislation rather than

20

in the Bill itself for a number of reasons. First, this is a technical area which is

changing rapidly, and a system for data sharing that is designed now may be out of

date in only a few years. Second, the precise data which is considered to be useful for

registration purposes is likely to change over time as the databases held by

organisations change and develop. Third, it may be that some data is most usefully

provided directly to a registration officer for use, whereas other data is more usefully

provided to another entity for processing before being provided to a registration

officer.

66. Sub-paragraph (4) provides that regulations have effect despite any statutory

restriction. This provision is similar to that at section 35(6) of the Political Parties and

Elections Act 2009, which currently makes provision for data sharing schemes. It is

intended to cover provisions such as section 123 of the Social Security

Administration Act 1992, which makes it an offence to disclose social security data in

certain circumstances.

67. Paragraph 5 of Schedule 2 amends section 53 of the 1983 Act to impose a requirement

that before making regulations the Secretary of State must consult the Electoral

Commission, the Information Commissioner and any other person the Secretary of

State thinks appropriate (which is likely to include those authorised or required to

provide information under the regulations).

Paragraph 3; paragraph 8C of Schedule 2 to the 1983 Act: The processing of information



68. This paragraph provides a power to make provision regulating the retention,

deletion and use of information provided in relation to applications for registration

and in response to requirements imposed by registration officers.

69. This power will be used to set out the framework for the safe keeping and disposal of

information provided in and in relation to applications, and in relation to entries on

the register. The intention is that regulations will require registration officers to

retain applicants‟ date of birth to enable a registration officer to make a more

21

accurate comparison of entries on the register with other sources of information (the

register itself does not contain most electors‟ dates of birth and these details will not

be included on registers in the future except where they are currently), enabling

more accurate matching of records in the process provided for under paragraph 1A

of Schedule 2 to the 1983 Act and allowing out of date entries to be identified and

removed. However, National Insurance number information will be destroyed

following a 12 month retention period.

70. This power will also be used to set out prohibitions and restrictions on the use and

disclosure of this data. It is our intention that registration officers will not be

permitted to disclose information collected for application purposes outside the

application process unless:

a. this is requested by police officers in relation to a fraud investigation; or

b. the information is shared under paragraph 1A of Schedule 2 to the 1983 Act

in order to check the information or to check entries in another registration

officer‟s register.

71. These provisions are to be included in secondary rather than primary legislation to

enable the provisions to reflect the other provisions relating to the collection and

processing of information set out in regulations, and to allow these provisions to be

amended to reflect changes in such other regulations.

Paragraph 4; paragraph 13(1ZB) to (1ZD) of Schedule 2 to the 1983 Act: The offence of

unauthorised use and disclosure



72. This power enables regulations to make it an offence to use or disclose information

provided in relation to an application or under the data sharing provisions at

paragraph 1A of Schedule 2 to the 1983 Act contrary to the restrictions imposed on

such use and disclosure. A maximum penalty is imposed, which is based on the

maximum penalty for the similar offence at section 35(8) of the Political Parties and

Elections Act 2009.

22

73. Regulations will be made to create an offence under this power, in order to ensure

the security of the information provided. It is currently intended that the regulations

will make use of the maximum penalty permitted.

74. It is appropriate for this offence to be created in delegated legislation because the

terms of it are dependent on other provisions in regulations made under the 1983

Act, and may need to be amended in the event that such other regulations are

amended.

Schedule 3: Civil Penalty for failing to register in accordance with requirement imposed by

registration officer

Paragraph 2: Penalty amount



75. The amount to be paid where a registration officer imposes a civil penalty on an

individual for failing to make an application for registration is to be set out in

regulations. This will be a fixed penalty amount which will by charged by all

registration officers. This is to be specified in delegated legislation rather than in the

Bill so that the level of the penalty can be adjusted over time in response to inflation

or to reflect any concerns that the penalty is ineffective or is too high.

Paragraphs 3 to 12: Processes for administering a civil penalty

Powers conferred upon: Secretary of State


76. Regulations will set out: the steps a registration officer will need to take before a civil

penalty can be issued, the process which will need to be undertaken to issue a civil

penalty and notify the individual on whom the penalty is imposed, the procedures

for reviews and appeals, circumstances in which a penalty may not be imposed or

may be cancelled, accounting matters, increases in penalties for late payment and the

recovery and enforcement of civil penalties. Amongst other things, it is intended

that these powers will be used to require registration officers to review a decision to

impose a civil penalty when required to do so by a person on whom a penalty has

23

been imposed, to give a right of appeal to a tribunal, and to enable registration

officers to recover civil penalties by registering them as debts at a county court.

Paragraph 12 (which provides a general power to make further provision about civil

penalties) is included to ensure that provision may be made about procedural detail

which may not be covered by the preceding specific powers.

77. These provisions are to be included in delegated legislation rather than in the Bill

because they relate to procedural matters in an administrative process, and may need

to be amended to ensure that the system for the imposition of civil penalties is

proportionate and effective in encouraging individuals to make applications to

register.

Schedule 4: amendments to do with Part 1

Paragraphs 2, 3, 4, 15 and 19; new sections 7(3)(ab), 7A(3)(ab), 7C(2)(ab) and 15(2)(ab) of

the 1983 Act and new section 2(2)(ab) of the Representation of the People Act 1985: The

procedure for determining removals



78. These paragraphs give the Secretary of State the power to specify in regulations the

procedure for determining whether an entry for an elector who is a service voter, an

overseas elector, a patient in a mental hospital, remanded in custody, or registered

pursuant to a declaration of local connection, should be removed from the register on

the basis that the entry results from an application made by a person other than the

elector.

79. This power will be used to continue the prescription of the specific steps a

registration officer must have followed before determining that an entry should be

removed. These regulations will be similar to regulations 28 to 31F of the 2001

Regulations. These provisions are appropriate for delegated legislation because they

deal with procedural details of the type that are currently set out in the 2001

Regulations.

24

Paragraph 7(2); new section 9B(1A) of the 1983 Act: Declaration and evidence in

support of an application for an anonymous entry




required declaration to accompany an application for anonymous registration and

any supporting evidence required. This replaces the existing equivalent power at

section 9B(1) to the 1983 Act and the power will be used to make similar provision to

the existing requirements at regulations 31G to 31J of the 2001 Regulations. These

provisions are appropriate for delegated legislation because they deal with


Paragraph 18(2)(a); paragraph 1(2) of Schedule 2 to the 1983 Act: requiring EROs to

require information



81. This paragraph extends the scope of the existing power at paragraph 1(2) of Schedule

2 to the 1983 Act to authorise a registration officer to require persons to give

information for the purpose of the registration officer‟s registration duties, such that

regulations may require a registration officer to do this. This enables the power

described at paragraphs 23 to 27 of this Memorandum, which is intended to be used

as described in those paragraphs.

Paragraph 18(3); paragraph 1B of Schedule 2 to the 1983 Act: The annual canvass



82. This paragraph provides powers to make provision about the information to be

provided and collected as part of the annual canvass (including declarations required

to be provided).

25

83. The intention is that regulations will require the names of all residents at each

residential address in a registration officer‟s area to be requested, with dates of birth

of those under 18 and an indication as to those who are over 70. This broadly reflects

the information currently required by the canvass form prescribed under the existing

power at section 10(4) of the 1983 Act; that section is amended by paragraph 9 of

Schedule 4 of the Bill so that it applies only to Northern Ireland. Regulations will also

require that registration officers pre-print canvass forms with the names and

addresses of those registered at the address so that the residents can give the

required information by amending or confirming the pre-printed information; this

reflects current practice. Regulations will also require information to be provided to

those being canvassed as to the penalty for failing to provide information when

required to do so by a registration officer (which is an existing offence under

regulation 23 of the 2001 Regulations).

84. This provision is to be provided for in delegated legislation because it involves

procedural details which may change over time, particularly if the manner in which

the canvass is to be conducted is changed under the power mentioned at paragraphs

37 and 38 of this Memorandum.

Paragraph 18(5); paragraph 3C of Schedule 2 to the 1983 Act: Where no response has

been received



85. This paragraph provides powers to specify the steps to be taken where a registration

officer does not receive a response to the annual canvass or to an invitation to

register. Section 9A of the 1983 Act already imposes a requirement on registration

officer to take certain steps in connection with the maintenance of registers.

However, this power may be used to make regulations requiring particular steps to

be taken to a particular timescale in particular situations so that there is a uniform

and thorough approach to seeking information and applications from individuals.

86. It is appropriate for these matters to be dealt with in delegated legislation because

they are procedural matters which are dependent on the detail of the procedure for

26

conducting the canvass and giving of invitations, which will themselves be set out in

regulations under sections 9D and 9E of the 1983 Act (inserted by clauses 4 and 5 of

the Bill).

Paragraph 18(7); paragraph 5B of Schedule 2 to the 1983 Act: Proxy voters



87. Clause 3 amends the requirement to be appointed as, or to vote as, a proxy on behalf

of another person so that such a person must be registered to vote (currently the

requirement is merely that a person would be entitled to be registered to vote). This

paragraph provides a power to make provision for registration officers to check that

proposed proxies meet the new requirement. Regulations will require a registration

officer who receives an application for the appointment of a proxy who is not

resident in the registration officer‟s area to contact the registration officer for the area

where the proposed proxy is resident, and will require that registration officer to

confirm whether the proposed proxy is registered.

88. This provision is to be included in delegated legislation because it relates to a

relatively minor administrative matter.

Schedule 5: Transitional Provision

Paragraph 4: Requirement to check old entries and confirm entitlement to remain

registered


Power exercised by: Order made by Statutory Instrument, and non-legislative publication

with no parliamentary procedure

89. This paragraph enables the Minister to require registration officers to take specified

steps to check whether there is evidence that each person registered remains entitled

to be registered. The order may include provisions similar to those provided

elsewhere in the Bill for the process of determining applications. Provisions

elsewhere in Schedule 5 provide that a person whose continuing entitlement to be

27

registered is confirmed in this way is treated in the same way as a person who has

successfully made an application under the new registration system. The intention is

that the majority of electors on the register at the time of the transition to the new

registration system can be moved across to the new system without being required to

make applications but while maintaining a check on the accuracy of the entries, thus

mitigating the risk that existing electors will fail to make an application and so not

appear on the register following the transition to the new system.

90. Subject to further testing through a second round of data matching pilots, we are

minded to make an order requiring this check to be carried out, and that order

would provide for data sharing as described in paragraphs 62 and 63 of this

Memorandum, with the safeguards described in paragraphs 66, 69 and 70, so that

registration officers can check their registers against data from specified public sector

databases. Regulations will also impose requirements as to how those electors whose

entries have been confirmed are to be notified of this.

91. Paragraph 4(3)(b) enables the order to require a registration officer to have regard to

guidance given by the Minister. This guidance would not be subject to parliamentary

procedure and is equivalent to that mentioned at paragraphs 21 and 22 of this

Memorandum for new entries on the register.

92. Provision for this check is to be made by order rather than being included in the Bill

because, while it is intended that an order will be made under this power, it is also

intended that pilot schemes will be run this year under the power at section 35 of the

Political Parties and Elections Act 2009, to test the sharing of information in this

scenario. Once those pilots have been carried out and evaluated a final decision will

be made.

Paragraph 8: Period in which invitations to register are to be given to existing electors



93. Paragraph 8 of Schedule 5 provides for registration officers to give invitations to

register to electors who appear on the register but have not had their entry confirmed

28

pursuant to an order made under paragraph 4 of Schedule 5 and who have not yet

made an application for registration under the new registration system. The period

in which those invitations are to be given is to be prescribed by order, and canvass

forms in the first canvass under the new registration system are to be given in the

same period (see paragraph 9(3)).

94. This period will be prescribed so that it ties in with the commencement of Schedule 5

and other provisions of the Act, and takes into account the time at which canvass

forms and invitations are most likely to receive a response.

Paragraph 9: Power to postpone canvasses



95. Paragraph 9(1) provides a power to postpone any canvass carried out under the

existing system of electoral registration, and to make provision about when canvass

forms for such a canvass are to be sent out. We intend to use this provision to delay

the 2013 annual canvass until early 2014, and to make consequential provisions

(under clause 10(3) and (4)) in respect of related matters such as the date on which a

revised register is to be published after the canvass. The postponing of the 2013

canvass is intended to reduce the gap between that canvass and activities such as the

check of existing entries in the register under paragraph 4, so that the register to be

used for such activities is more accurate than would be the case if the canvass took

place at its usual time in 2013. This is to be provided in delegated legislation because

the precise timing will need to tie in with the commencement of Schedule 5 and other

provisions of the Bill and with other preparations for the transition to the new

system.

96. Paragraph 9(2) provides a power to postpone the first canvass carried out under the

new registration system, and paragraph 9(4) provides a power to make provision

about the time at which canvass forms for the second such canvass must be sent. As

with the period to be prescribed under paragraph 8, this is to enable the timing of

these canvasses to take account of the commencement of Schedule 5 and other

29

provisions of the Act, the timing of other steps in the transition to the new system,

and the time at which canvass forms are most likely to receive a response.

Paragraph 12: Provision in connection with invitations



97. This paragraph enables the same provision to be made in respect of invitations to

apply to register given under paragraph 8 or 11 of Schedule 5 as in respect of

invitations given under section 9E of the 1983 Act (inserted by clause 5 of the Bill).

The provision that will be made under this power will be similar to that mentioned

at paragraphs 40, 41 and 84 of this Memorandum.

Paragraph 13(3) and (5): Provision in connection with making an invitation by a specified

date and imposing a civil penalty



98. Paragraph 13 makes provision equivalent to that at clause 5 and Schedule 3 to the

Bill, so that during the transition to the new system a registration officer may impose

a requirement to make an application under the new system on an elector who was

registered under the previous system and has not yet been removed from the

register. It also enables a registration officer to be able to impose a civil penalty

where such a requirement is not met. It is intended that the powers at paragraph

13(3) and (5) will be used to make the same provision as that described at paragraphs

43, 74 and 75 of this Memorandum, for the reasons given at these paragraphs, and it

is appropriate for these provisions to appear in delegated legislation for the reasons

given at paragraphs 43 and 76.

Paragraph 14: Power to require additional information on poll cards



30

99. This provision extends the existing power at section 7(1) of the European

Parliamentary Elections Act 2002 so that information about individual registration

may be required to be included on poll cards for the European Parliamentary general

election in 2014, which will take place shortly before it is intended that the transition

to the new system will start. Regulations under the 2002 Act are subject to the

affirmative procedure.

Paragraphs 17(7), 19(3), 23(3) & 27(3): Informing individuals that their ability to vote by

post or proxy has ended

Powers conferred upon: Lord President of the Council and Secretary of State


100. These powers enable an order to make provision about what a registration

officer must do where an elector who has not been removed from the electoral

register following the first canvass under the new system loses the right to vote by

post or by proxy, or where such a person's proxy is no longer entitled to vote on their

behalf. The power will be used to specify the steps which registration officers must

take to ensure that these individuals are informed that their ability to vote by post or

by proxy has ended, and to encourage them to register under the new registration

system so that they regain the ability to vote by post or proxy. It is appropriate for

these provisions to be in delegated legislation because they relate to relatively minor

administrative and procedural matters.

Paragraph 28: Supplementary or incidental transitional provisions

Powers conferred upon: Lord President of the Council and Secretary of State


101. This power is provided to enable Schedule 5 to be supplemented in the event

that unexpected technical issues arise in respect of the new registration system arise

which require transitional provision beyond that provided in Schedule 5.

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