The Combined Authorities (Mayoral Elections) Order 2017

[F1 Collection and disclosure of information relating to applications made under rules 37 to 40 U.K.

41B.— (1) This rule applies in relation to an election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act (reports on voter identification requirements in respect of local government elections) applies by virtue of subsection (5A) of that section.

(2) The presiding officer must—

(a) collect the information described in regulation 34 of the Voter Identification Regulations 2022 (collection of information by presiding officer) relating to applications made under rules 37(1), 38(1), 39(1) or 40(1), and

(b) provide that information to the returning officer as soon as practicable after the close of the poll.

(3) The returning officer must forward the information to the relevant registration officer.

(4) As soon as reasonably practicable after receiving the information the relevant registration officer must—

(a) anonymise the information by removing from it all names and electoral numbers of the people to whom the information relates, and

(b) collate the information in accordance with regulation 35 of the Voter Identification Regulations 2022 (collation of information by relevant registration officer).

The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (4) information”.

(5) The relevant registration officer must provide the paragraph (4) information—

(a) to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (4), and

(b) where they request the information, to the Electoral Commission.

(6) The relevant registration officer must not disclose the paragraph (4) information otherwise than in accordance with paragraph (5).

(7) The relevant registration officer must retain the information anonymised in accordance with paragraph (4)(a) for at least 10 years.

(8) For the purpose of paragraph (4)(a), a person’s “electoral number” is the number—

(a) allocated to the person as stated in the copy of the register of electors, or

(b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(9) Except as provided by paragraph (10), a disclosure of information under this rule does not breach—

(a) any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or

(b) any other restriction on the disclosure of information (however imposed).

(10) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account).

(11) In this rule—

(a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018;

(b) references to the relevant registration officer are to the registration officer of the F2 ... council in relation to whose area the returning officer exercises functions under this Order.]

Textual Amendments

F1 Sch. 3 rules 41A, 41B inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 96(12) (with reg. 1(6)(7))

F2 Word in Sch. 3 rule 41B(11)(b) omitted (7.2.2024) by virtue of The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024 (S.I. 2024/131), regs. 1(3), 13(24)