The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983, section 333(3A) of the Town and Country Planning Act 1990, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011 and section 21(6) of the Recall of MPs Act 2015, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2023 No. 000

Council Tax, England

Local Government, England

Police, England And Wales

Representation Of The People

Town And Country Planning, England

The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Made

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Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State makes these Regulations in exercise of the powers conferred by the provisions specified in Schedule 1 to these Regulations.

The Secretary of State has consulted—

(a) the Electoral Commission, in accordance with section 53(5)(a) of the Representation of the People Act 1983(1), paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990(2), section 52ZQ(6) of the Local Government Finance Act 1992(3), section 9HE(4) of the Local Government Act 2000(4), section 7(1) and (2)(e), (hc) and (k) of the Political Parties, Elections and Referendums Act 2000(5), and paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009(6),

(b) the Information Commissioner and such other persons as the Secretary of State considers appropriate, in accordance with section 53(5)(b) and (c) of the Representation of the People Act 1983,

(c) the Scottish Ministers, in accordance with section 15(5C) of the Representation of the People Act 1985(7), and

(d) the Welsh Ministers, in accordance with section 15(5D) of the Representation of the People Act 1985(8).

A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 201(2) of the Representation of the People Act 1983(9), section 333(3A) of the Town and Country Planning Act 1990(10), section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000(11), section 117(2) of the Local Democracy, Economic Development and Construction Act 2009(12), section 154(2)(b) of the Police Reform and Social Responsibility Act 2011(13) and section 21(6) of the Recall of MPs Act 2015(14).

(1)

1983 c. 2. Section 53(5) was inserted by paragraph 5 of Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

(2)

1990 c. 8. Schedule 4B was inserted by section 116(2) of, and Schedule 10 to, the Localism Act 2011 (c. 20) and was amended by sections 140(1) and 141 of the Housing and Planning Act 2016 (c. 22) and by S.I. 2013/2597, 2018/1232, 2021/1265. It is prospectively amended by section 7 of the Neighbourhood Planning Act 2017 (c. 20) from a date and time to be appointed.

(3)

1992 c. 14. Section 52ZQ was inserted by section 72(1) of, and Schedule 5 to, the Localism Act 2011 and amended by S.I. 2021/1265.

(4)

2000 c. 22. Section 9HE was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and amended by S.I. 2013/2597, 2021/1265.

(5)

2000 c. 41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c. 13). Section 7(2)(k) was inserted by paragraph 3(6) of Schedule 6 to the Recall of MPs Act 2015 (c. 25).

(6)

2009 c. 20. Schedule 5B was inserted by section 2(2) of, and Schedule 1 to, the Cities and Local Government Devolution Act 2016 (c. 1), and was amended by section 2(2) of the Local Government (Disqualification) Act 2022 (c. 17), by section 13(13) and (14) of the Elections Act 2022 (c. 37) and by S.I. 2021/1265. It is prospectively amended by paragraph 6 of Schedule 5 to the Elections Act 2022 from a date and time to be appointed.

(7)

1985 c. 50. Subsection (5C) was inserted by section 4(2) of the Scotland Act 2016 (c. 11).

(8)

Subsection (5D) was inserted by section 5(2) of the Wales Act 2017 (c. 4).

(9)

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and was amended by paragraph 6(1) and (7)(b) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41), by section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13) and by S.I. 1991/1728. It is prospectively amended by paragraph 1(9)(a) of Schedule 8 to the Elections Act 2022 from a date and time to be appointed.

(10)

Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011.

(11)

Section 105 was amended by paragraph 14(2) of Schedule 3 to the Local Government Act 2003 (c. 26), by paragraph 70 of Schedule 3, and paragraph 52 of Schedule 4, to the Localism Act 2011 and by S.I. 2013/2597, 2018/644, 2021/1265.

(12)

Section 117(2) was substituted by section 13(2) of the Localism Act 2011.

(13)

2011 c. 13.

(14)

2015 c. 25.