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The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 No. 295

Regulation 9

SCHEDULE 1SUPPLY OF REGISTER

This schedule has no associated Explanatory Memorandum

Supply of copy of register of parliamentary electors to petition officer: England and Wales and Scotland

1.—(1) As soon as practicable after the registration officer is notified by the petition officer that the petition officer has received a Speaker’s notice under section 5 of the Act (Speakers notice), that registration officer must supply the petition officer with as many printed copies of the following as the petition officer may reasonably require for the purposes of the petition —

(a)the latest revised version of the register of parliamentary electors for the constituency to which the petition relates published under section 13(1) or (3) of the 1983 Act; and

(b)any notice published under section 13A(2), 13B(3B) or (3D), 13BA(9) or 13BC(3) of that Act setting out an alteration to the latest version of that register.

(2) The registration officer must also supply the petition officer with as many printed copies of any notices issued under section 13BC(6) of the 1983 Act as the petition officer may reasonable require for the purposes of the petition as soon as practicable after any such notice is issued.

(3) Where the registration officer is under a duty to supply a petition officer with printed copies of a register or notice under this paragraph, the registration officer must also supply a copy of the register or notice in data form.

(4) A copy of a register or notice supplied under this paragraph is to be supplied free of charge.

(5) A person to whom a copy of a register or notice has been supplied under this paragraph must not, other than for the purposes of the petition—

(a)supply a copy of that register or those notices to any other person;

(b)disclose any information contained in them that is not contained in the edited register; or

(c)make use of any such information.

Supply of record of anonymous entries to petition officer: England and Wales and Scotland

2.—(1) Whenever the registration officer supplies a copy of the register or notice in accordance with paragraph 1 to a petition officer, the registration officer must also supply a copy of the record of anonymous entries so far as it relates to that register.

(2) The petition officer to whom a copy of the record has been supplied under this paragraph must not, other than for the purposes of a petition—

(a)supply a copy of the record to any other person;

(b)disclose any information contained in it; or

(c)make use of such information.

(3) The petition officer supplied with a copy of the record under this paragraph must take proper precautions for its safe custody.

Supply of register on request and specific restrictions

3.—(1) The petition officer must supply free of charge a copy of the register and any notices issued under section 13BC(6) of the 1983 Act upon request to—

(a)a registered party other than a minor party, within the meaning of section 160(1) of PPERA 2000 (general interpretation);

(b)the MP to whom a petition relates;

(c)the Electoral Commission;

(d)the Security Service, Government Communications Headquarters and the Secret Intelligence Service;

(e)any police force in Great Britain, the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve), the National Crime Agency and any body of constables established under an Act of Parliament; and

(f)an accredited campaigner within the meaning of Part 5 of Schedule 3 to the Act.

(2) A request under subparagraph (1) must be made in writing and must—

(a)specify the documents requested;

(b)state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for so long as the person making the request falls within the category of persons entitled to receive the documents requested; and

(c)state whether a printed copy of any of the documents is requested instead of the version in data form.

(3) Unless a request has been made in advance of supply under subparagraph (2)(c), the copy of a document supplied under this paragraph is to be in data form.

(4) The petition officer must supply the documents referred to in subparagraph (2) in accordance with a request that has been duly made.

(5) A person or body to whom this paragraph applies who has been supplied with a copy of a register or notices under this paragraph must not, other than for purposes set out in subparagraph (6)—

(a)supply a copy of that register or those notices to any other person;

(b)disclose any information contained in them that is not contained in the edited register; or

(c)make use of any such information.

(6) Those purposes are—

(a)in the case of a person or body falling within subparagraph (1)(a) or (b)—

(i)the purposes of the petition, or

(ii)the purposes of complying with the control on donations under Schedule 4 to the Act;

(b)in the case of the Electoral Commission, purposes in connection with their functions under, or by virtue of, PPERA 2000;

(c)in the case of a person or body falling within subparagraph (1)(d) or (e)—

(i)the prevention and detection of crime and the enforcement of the criminal law (whether in the United Kingdom or elsewhere),

(ii)the vetting of a relevant person (within the meaning of regulation 109(5) of the 2001 Regulations and regulation 108(5) of the 2001 (Scotland) Regulations) for the purposes of safeguarding national security;

(d)in the case of an accredited campaigner within the meaning of Part 5 of Schedule 3 to the Act—

(i)purposes in connection with the campaign in respect of the accreditation notice delivered to the petition officer under paragraph 17(1)(b) of Schedule 3 to the Act (accredited campaigners and responsible persons); or

(ii)the purposes of complying with the controls on donations in Schedule 4 to the Act (control of donations to accredited campaigners).

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