UK Offence Report

Processing of information provided in connection with an absent voting application

regulation 11C(6) of The Representation of the People (Absent Voting and Miscellaneous Amendments) (Wales) Regulations 2026

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

6 A person who discloses information in breach of sub-paragraph (5) is guilty of an offence and liable—

a on conviction on indictment, to imprisonment for

a term not exceeding two years, or to

a fine, or both;

b on summary conviction, to imprisonment for

a term not exceeding the general limit in

a magistrates’ court, or to

a fine, or both.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 11C(6)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person discloses information in breach of sub-paragraph (5).
  2. Doing the thing the provision prohibits under the Representation of the People (Absent Voting and Miscellaneous Amendments) (Wales) Regulations 2026, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
1 year

'to a fine' with no stated maximum; imprisonment expressed as the general limit in a magistrates' court (Sentencing Act 2020 s.224(1A)); 12 months as at the latest change. Note the limit is keyed to the date of conviction, while the standard scale is keyed to the date of the offence, so a single date is an approximation here; imprisonment expressed as the general limit in a magistrates' court (Sentencing Act 2020 s.224(1A)); 12 months as at the latest change. Note the limit is keyed to the date of conviction, while the standard scale is keyed to the date of the offence, so a single date is an approximation here; imprisonment expressed as the general limit in a magistrates' court (Sentencing Act 2020 s.224(1A)); 12 months as at the latest change. Note the limit is keyed to the date of conviction, while the standard scale is keyed to the date of the offence, so a single date is an approximation here; imprisonment expressed as the general limit in a magistrates' court (Sentencing Act 2020 s.224(1A)); 12 months as at the latest change. Note the limit is keyed to the date of conviction, while the standard scale is keyed to the date of the offence, so a single date is an approximation here.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
18 March 2026
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision to limit, to a maximum of three years, the period for which a person can apply to vote by post at Senedd elections. Provisions also provide for the implementation of the amendments made to Schedule 4 to the Representation of the People Act 2000 (c. 2) (“2000 Act”) by the Absent Voting (Elections in Scotland and Wales) Act 2025 (c. 27) (“2025 Act”), which limit the period for which a person can apply to vote by post at local government elections in Wales. These Regulations make provision for the online submission of relevant devolved absent voting applications for Senedd elections and local government elections in Wales, as well as the verification of information provided in such applications (whether or not submitted online). The Regulations also provide for registration officers to be able to request further evidence from applicants to verify the applicant’s identity. These Regulations make a number of miscellaneous amendments to the Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) (W. 150) (“2025 Order”). Part 1 makes provision for the title, commencement and interpretation of these Regulations. Regulation 1 brings regulations 1, 2 and 29 to 44 into force on 24 March 2026 and all of the remaining provisions into force on 3 November 2026. Regulation 2 sets out the definitions that apply in the Regulations. Part 2 makes provision relating to the restrictions of the period for which a person can apply for a postal vote. Regulation 5 amends article 6 (absent vote at Senedd elections for a particular or an indefinite period) of the 2025 Order, which currently allows for applications for absent voting at Senedd elections to be made for a definite or indefinite period. The amendments mean that at Senedd elections it will no longer be possible for a person to apply for a postal vote for an indefinite period. Under the changes, the period for which a person can apply to vote by post for a Senedd election may not exceed three years. The amendments provide that the postal vote for the maximum period possible will run until the third 31 January following the date on which the application for that postal vote is granted. This will ensure that an entitlement for a postal vote ends on 31 January in the relevant year, which will give the person time to apply for a fresh postal vote ahead of any elections scheduled for May of that year. The amendments also allow a person to apply for a postal vote for a shorter period. Regulation 6 amends article 10 (voting as proxy at Senedd elections) of the 2025 Order, which concerns persons voting as a proxy on behalf of another elector at a Senedd election. The amendments make equivalent changes to those made by regulation 5, so that a grant of an application to vote by post by a proxy voter in relation to a Senedd election may not exceed three years. Regulation 7 amends Schedule 1 (absent voting at Senedd elections) to the 2025 Order to reflect the changes to the postal vote period made by regulations 6 and 7. Regulation 7(3) makes amendments to paragraph 12 (grant or refusal of applications). Regulation 7(3)(a) inserts a new sub-paragraph (1A) which sets out that any notification to an applicant whose application to vote by post has been granted under paragraph 12(1) must include the date on which the entitlement to vote by post ends. Regulation 7(3)(b) inserts new sub-paragraphs (8A) to (8E) which provide for additional notifications to be sent by registration officers in certain circumstances. Regulation 7(4) inserts a new paragraph 15A which provides for electors and proxies, who are entitled to vote by post at a Senedd election by virtue of an entitlement granted for the maximum period, to be sent an additional notice informing them of the date on which the entitlement ends and providing information as to the process for making a fresh application. Regulation 7(5) amends paragraph 16 by inserting a new sub-paragraph (A1) so that the requirement to provide signatures at five yearly intervals no longer applies to electors or proxies who remain entitled to vote by post at a Senedd election. Regulation 8 amends the Part 4 (absent voters) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (“2001 Regulations”). Regulation 8(2) amends regulation 57 (grant or refusal of applications). Regulation 8(2)(a) amends paragraph (1A) so that where an applicant is notified that an application to vote by post for a local government election in Wales has been granted under paragraph (1), the notification must include the date on which the elector’s entitlement to vote by post ends. Regulation 8(2)(b) amends regulation 57(7) to provide for additional notifications to be sent by registration officers in certain circumstances. Regulation 8(3) amends regulation 60ZA (grant or refusal of applications) to provide for electors and proxies who are entitled to vote by post at a local government election in Wales by virtue of an entitlement granted for the maximum period, to be sent an additional notice informing them of the date on which the entitlement ends and providing information as to the process for making a fresh application. Regulation 8(4) amends regulation 60A (requirement to notify certain electors and proxies that postal vote entitlement is to end) so that the requirement to provide signatures at five yearly intervals no longer applies to electors or proxies who remain entitled to vote by post at a local government election in Wales. Part 3 makes provision relating to general requirements for relevant devolved absent voting applications in relation to the provision of national insurance numbers. Regulation 10 amends Schedule 1 (absent voting at Senedd elections) to the 2025 Order to provide for relevant devolved absent voting applications for Senedd elections to include the applicant’s national insurance number, or the reason why the applicant is not able to provide it. Regulation 12 amends Part 1 (general, interpretation and miscellaneous) of the 2001 Regulations to insert a new definition of “relevant devolved absent voting application” in regulation 3(1). Regulation 13 amends Part 4 (absent voters) of the 2001 Regulations so that relevant devolved absent voting applications for local government elections in Wales must include the applicant’s national insurance number, or the reason why the applicant is not able to provide it. Part 4 makes provision about the use of the UK digital service for relevant devolved absent voting applications. Regulations 15 and 16 amend the 2025 Order to provide for the online submission of relevant devolved absent voting applications for Senedd elections through the UK digital service. Regulations 18 and 19 amend the 2001 Regulations to provide for the online submission of relevant devolved absent voting applications for local government elections in Wales through the UK digital service. Part 5 makes provision for the verification of information provided in a relevant devolved absent voting application, provides a power to request additional evidence and makes provision to allow for the processing of information provided. Regulation 20 amends Schedule 1 (absent voting at Senedd elections) to the 2025 Order to insert new paragraphs 11A, 11B and 11C. Paragraph 11A provides for the verification of information provided in relevant devolved absent voting applications for Senedd elections. Paragraph 11B provides a power for registration officers to request further evidence in order to verify the applicant’s identity. Paragraph 11C sets out provisions relating to the processing of information provided in connection with relevant devolved absent voting applications for Senedd elections. Regulation 21 amends regulations 56B, 56C and 56D in Part 4 (absent voters) of the 2001 Regulations so that equivalent provisions to those set out in regulation 20 apply to local government elections in Wales. Part 6 makes consequential amendments to the 2025 Order and the 2001 Regulations. Regulation 23 amends article 141 (electronic applications, notices and signatures) of the 2025 Order so that an attestation given under the new paragraph 11B(5) of Schedule 1 (absent voting at Senedd elections) is included in paragraph (1) and clarifies that the signature requirements in paragraphs (2) to (4) do not apply in relation to relevant devolved absent voting applications for Senedd elections, the requirements for which are set out in Schedule 1 (absent voting at Senedd elections). Regulation 24 amends paragraphs 9 and 11 of Schedule 1 (absent voting at Senedd elections) to the 2025 Order to allow a person to submit an application to vote by proxy for Senedd elections up to 5 p.m. on the day of the poll in circumstances where an earlier application is not received by the registration officer before a relevant deadline due to a technical defect in the UK digital service. Regulations 26 and 27 make amendments to the 2001 Regulations to make it clear the circumstances in which the relevant provisions apply and when they do not apply to relevant devolved absent voting applications. Regulation 28 amends regulation 56 of the 2001 Regulations to allow a person to submit an application to vote by proxy for local government elections in Wales up to 5 p.m. on the day of the poll in circumstances where an earlier application is not received by the registration officer before a relevant deadline due to a technical defect in the UK digital service. Part 7 contains transitional provisions related to the amendments made by the 2025 Act and these Regulations. Regulation 30 provides that a devolved absent voting application or a devolved proxy postal voting application that is made before, but not determined by, 3 November 2026 (“relevant day”) is to be treated as not having been made. Regulation 31 makes provisions for the termination of certain devolved proxy postal vote entitlements. Where a person has both a devolved proxy postal vote entitlement and a reserved proxy postal vote entitlement, the person’s devolved proxy postal vote entitlement ends on the relevant day. Regulation 32 makes transitional provision in relation to existing postal voters for both Senedd elections and local government elections in Wales at the time the new limit on the maximum period for which a person can apply for a postal vote comes into force. The transitional arrangements will apply to postal voters who, before the relevant day, have either a devolved postal vote entitlement, or a devolved proxy postal vote entitlement (but only where they do not also have a reserved proxy postal entitlement), which lasts for an indefinite period or for a particular period that would expire after the 31 January 2029 following the relevant day. Under regulation 32(4), these persons will continue to be able to vote by post until the later of: (a) the third 31 January following the relevant day or “the signature refresh date” if this is sooner; or (b) if later, the date on which a person’s reserved postal vote entitlement, if they have one, ends. The signature refresh date is the date by which the registration officer would ordinarily be required to send a notice to the postal voter requiring them to provide a fresh signature (under the current signature refresh provisions, this notice must be sent by 31 January in any year if a person’s signature on record is more than five years old). The notice that is ordinarily required to be sent will not be required if the person’s only entitlement to vote as an absent voter is a postal vote that will expire on the signature refresh date under the transitional provisions. The registration officer must, before the end of the period for which a postal voter has a postal vote, send a notice which informs the person of the date on which their postal vote entitlement ends and provides information about how to make a fresh application to vote by post. Regulation 33 provides for the alignment of signature refresh dates where a person has both a devolved and a reserved proxy vote entitlement and the signature refresh dates for the entitlements are different. The aligned signature refresh dates will end on the signature refresh date for the person’s reserved proxy vote entitlement. Regulation 34 deals with postal vote discrepancies and the termination of certain devolved postal vote entitlements. Where a person has both a devolved and a reserved postal vote entitlement, and, before the relevant day, there is a discrepancy in the postal vote addresses held on the records kept by the registration officer for those entitlements, the person’s devolved postal vote entitlement ends on the relevant day. Prior to the relevant day, where it is reasonably practicable to do so, the registration officer will write to the person to inform them of the discrepancy and to let them know that the addresses must be the same if both the devolved and reserved postal vote entitlements are to be in place from the relevant day. The registration officer must also inform the person that if a fresh application to vote by post is not made before and determined by the relevant day, and the address discrepancy remains, the person’s devolved postal vote entitlement will end on the relevant day. Regulation 35 deals with postal vote signature discrepancies. Where a person has both a devolved and a reserved postal vote entitlement, and there is a discrepancy in the signatures held on the records kept by the registration officer for those entitlements, with effect from the relevant day, the registration officer must apply the signature from the person’s reserved postal vote entitlement as the sole signature kept in the registration officer’s record for both the devolved and reserved postal vote entitlement. Regulation 36 deals with signature waiver discrepancies and the termination of certain devolved absent vote entitlements. Where a person has both a devolved and a reserved absent vote entitlement, and a signature waiver has been granted in respect of one of the entitlements only, the person’s devolved absent vote entitlement ends on the relevant day. Prior to the relevant day, where it is reasonably practicable to do so, the registration officer will write to the person to inform them of the discrepancy and to let them know that the person must either have a signature waiver in place for both of the entitlements or neither of the entitlements if the person is to have both a reserved and a devolved absent vote entitlement in place at the same time on the relevant day. The registration officer must also inform the person that if a fresh application is not made before and determined by the relevant day, and the discrepancy remains, the person’s devolved absent vote entitlement will end on the relevant day. Regulation 37 deals with proxy name and address discrepancies and the termination of certain devolved proxy vote entitlements. Where a person has both a devolved and a reserved proxy appointment, and there is a discrepancy in the proxy names, the proxy addresses or both held on the records kept by the registration officer for those appointments, then the person’s devolved proxy vote entitlement ends on the relevant day. Prior to the relevant day, where it is reasonably practicable to do so, the registration officer will write to the person to inform them of the discrepancy and to let them know that the devolved and reserved proxy appointment details must be the same if the person is to have both in place at the same time on the relevant day. The registration officer must also inform the person that if a fresh application is not made before and determined by the relevant day, and the discrepancy remains, the person’s devolved absent vote entitlement will end on the relevant day. Regulations 38 and 39 deal with postal vote and proxy vote discrepancies and termination of certain devolved postal vote entitlements or devolved proxy vote entitlements. Where a person has a devolved postal vote entitlement, and a reserved proxy vote entitlement, the person’s devolved postal vote entitlement will end on the relevant day. Where a person has a devolved proxy vote entitlement and a reserved postal vote entitlement, the person’s devolved proxy vote entitlement will end on the relevant day. Prior to the relevant day, where it is reasonably practicable to do so, the registration officer will write to the person to inform them of the discrepancy and to let them know that the devolved and reserved arrangements must be the same if the person is to have both in place at the same time on the relevant day. The registration officer must also inform the person that if a fresh application is not made before and determined by the relevant day, and the discrepancy remains, the person’s devolved postal vote entitlement or devolved proxy vote entitlement, as the case may be, will end on the relevant day. Part 8 makes a number of miscellaneous amendments to the 2025 Order. Regulation 41 clarifies the time by which the election expenses of a candidate must be paid. This is 28 days after the day on which the result or results of the election are declared. Regulation 42 makes an amendment to paragraph 14(3) of Schedule 2 (spoilt postal ballot paper) to the 2025 Order to clarify that the returning officer is not required to issue a replacement postal ballot paper or ballot papers where the documents referred to are received after 5.00 p.m. on the day of the poll. Regulation 43 makes minor amendments to Schedule 5 (Senedd election rules) to the 2025 Order. In accordance with paragraph 4 of Schedule 6 to the 2025 Order (payments etc. not to be regarded as donations), donations to individual candidates of under £500 are to be disregarded. Regulation 44 makes minor amendments to paragraph 6 of Schedule 6 (prohibition on accepting donations from impermissible donors) so that the reporting requirements for relevant donations from permissible donors only apply in relation to donations of over £500. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source