UK Offence Report

The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

UK Statutory Instrument 2023 No. 1225 — creates 25 criminal offences.

25offences created
0recorded in force
0revoked
Made
20 November 2023
In force from
Not determined
Extent
Not stated
Subject
Elections and representation of the people
Made under
Local Democracy, Economic Development and Construction Act 2009, Local Government Act 2000, Local Government Finance Act 1992, Planning and Compulsory Purchase Act 2004, Police Reform and Social Responsibility Act 2011, Political Parties, Elections and Referendums Act 2000, Recall of MPs Act 2015, Representation of the People Act 1983, Representation of the People Act 1985, Schedule 2 to, the Representation of the People Act 1983, Schedule 4B to the Town and Country Planning Act 1990, Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009, Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009, Town and Country Planning Act 1990, Welsh Language Act 1993

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make amendments to subordinate legislation in consequence of provisions contained in the Elections Act 2022 (c. 37) (“the Act”). The amendments made by these Regulations complement provisions in the Act relating to the handling of postal voting documents by political campaigners (section 4); handing in postal voting documents (section 5); the requirements relating to secrecy (section 7); and the simple majority system to be used in elections for certain offices (section 13). The provisions relating to the handing in of postal voting documents set out new procedures which will apply to the handing in of postal voting documents at polling stations and to the returning officer for UK Parliamentary elections and various other polls in England. The amendments relating to the handling of postal voting documents by political campaigners and requirements relating to secrecy ensure provisions consistent with those contained in the Act apply across relevant electoral subordinate legislation. Additionally, these Regulations update prescribed forms for use at elections, referendums and recall petitions as a consequence of these new provisions. Regulations 2 and 3 amend the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) and the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), respectively, to set out new provisions relating to procedures for the handing in of postal voting documents at polling stations and to the returning officer for UK Parliamentary elections and certain local government elections in England. Regulation 4 makes a small amendment to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294) in consequence of the amendments made by section 13 of the Act to the system of election for the Mayor of London. Regulations 5 and 11 amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024) and the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), respectively, to apply consequential amendments relating to the new procedures for the handing in of postal voting documents at polling stations and to the returning officer in England, specifically in relation to certain mayoral elections. Regulations 6, 7 and 9 amend the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323), the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), and the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), respectively. Regulations 6, 7 and 9 make consequential amendments to those statutory instruments in relation to the new procedures for the handing in of postal voting documents at polling stations and to the counting officer in England, specifically in relation to local referendums. The amendments made by those regulations also ensure that new restrictions relating to the handling of postal voting documents by political campaigners provided for by the Act will apply in relation to the handling of postal voting documents at local referendums in England. Finally, the amendments also ensure that new requirements relating to secrecy for postal and proxy votes provided for by the Act will apply to postal and proxy voting at local referendums in England. Regulation 8 amends the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) to set out the new provisions which will apply at police and crime commissioner elections in England and Wales relating to: the handling of postal voting documents by political campaigners; handing in postal voting documents at polling stations and to the returning officer; and requirements for secrecy. Regulation 12 updates Welsh and English versions of prescribed forms in Schedule 3 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (S.I. 2021/291) equivalent to the form updates made by regulation 8 to the 2012 Order. Regulation 10 amends the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295) to set out the new provisions which will apply to recall petitions for the recall of MPs in relation to: the handling of postal petition documents by political campaigners; handing in postal petition documents; and requirements for secrecy. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

How Parliament handled it

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