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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

Supply of marked registers and lists after a petition

This section has no associated Explanatory Memorandum

2.—(1) Any person or body referred to in subparagraph (2) is entitled to request that the registration officer supply copies of any parts of the marked register or lists in respect of a particular petition which the registration officer is required to keep in respect of that petition.

(2) Those persons or bodies are—

(a)any police force in England and Wales or Scotland;

(b)the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);

(c)the National Crime Agency;

(d)any body of constables established under an Act of Parliament;

(e)the Electoral Commission.

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

(a)specify which of the marked register or lists (or the relevant part of the register or lists) is requested;

(b)state whether a printed copy is requested or a copy in data form; and

(c)state the purposes for which the marked register or lists will be used and why those marked registers and lists would be sufficient to achieve those purposes.

(4) The registration officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and the registration officer—

(a)is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested; and

(b)has received payment of a fee calculated in accordance with paragraph 6 of this Schedule.

(5) If the registration officer is not satisfied in accordance with subparagraph (4)(a) that officer must inform the requestor of that decision and—

(a)where the request relates to the marked register or marked copies of notices referred to in paragraph (1), provide the requestor with information concerning the availability of the published register or notices for inspection in accordance with regulation 7 (publication of register); and

(b)where the request relates to the marked lists, provide information concerning the availability of the unmarked lists in accordance with regulation 80 (records and lists kept under this Part).

(6) A person who obtains a copy of any part of a marked register or list under this paragraph may use it only for the permitted purposes specified in paragraph 5(3) of this Schedule and any conditions specified in that paragraph are to apply.

(7) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this paragraph may—

(a)supply a copy of the marked register or lists to a processor for the purpose of processing the information it contains, or

(b)procure that a processor processes and supplies to the person any copy of the information in the marked register or lists which the processor has obtained under this paragraph, for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

(8) A processor may not disclose the marked register or lists or the information contained in them except to the person who supplied it to the processor or any other person, or an employee of such a person, who is entitled to obtain a copy of the marked register or lists under this Schedule.

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