Electoral Administration Act 2006 (c. 22)

Part 6 U.K. Conduct of elections etc.

Access to election documents U.K.

42 Access to other election documents U.K.

(1) The relevant officer must—

(a) make relevant election documents available for inspection by members of the public;

(b) supply, on request, copies of or extracts from such description of relevant election documents as is prescribed by regulations.

(2) In the case of an election other than a parliamentary election, a local government election in Scotland or a local election in Northern Ireland, each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—

(a) a registered party;

(b) a person who was a candidate at the election in relation to the electoral area for which he was a candidate;

(c) in the case of an election at which a registered party submits a list of candidates, a person who was appointed as an agent for the candidates on the party's list.

(3) The Secretary of State may by regulations impose conditions in relation to—

(a) the inspection of any document in pursuance of subsection (1)(a);

(b) the supply of any document or part of a document in pursuance of subsection (1)(b);

(c) the supply of any document or part of a document in pursuance of subsection (2).

(4) Regulations may also make provision—

(a) as to the form in which any such document or part is supplied;

(b) for the payment of a fee in respect of the supply of a document or part.

(5) Conditions which may be imposed for the purposes of subsection (3)(a) or (b) include conditions as to—

(a) whether a person may take any copy of a document he is permitted to inspect;

(b) the manner in which any such copy is to be taken;

(c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of subsection (1) may be used.

(6) Conditions which may be imposed for the purposes of subsection (3)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—

(a) supply that document or part to any other person;

(b) disclose to any other person any information contained in the document or part;

(c) use any such information for a purpose other than that for which the document or part was supplied to him.

(7) Regulations may also impose conditions corresponding to those mentioned in subsection (6) in respect of persons who have obtained a document or part of a document mentioned in subsection (2)—

(a) which was supplied to another person in pursuance of subsection (2), or

(b) otherwise than in accordance with regulations under this section.

(8) The power to make regulations under this section—

(a) is exercisable by the Secretary of State by statutory instrument;

(b) includes power to make different provision for different purposes.

(9) The Secretary of State must not make regulations under this section unless he first consults the Electoral Commission.

(10) No regulations may be made under this section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

Modifications etc. (not altering text)

C1 S. 42 applied (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 5}

C2 S. 42 applied (with modifications) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2)(3), 8, {Sch. 4 para. 1 Table 4}

C3 S. 42 applied (with modifications) (E.W.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 5

C4 S. 42 applied (with modifications) (E.W.S.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 5 (with reg. 27)

C5 S. 42 applied (with modifications) (E.W.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pts. 1 Table 5

C6 S. 42 applied (with modifications) by SI 2012/2031 reg. 17 Sch. 8 Table 4 (as inserted (E.W.) (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3)

Commencement Information

I1 S. 42 partly in force; s. 42 not in force at Royal Assent see s. 77; s. 42 in force for certain purposes for E.W. at 1.1.2007 by S.I. 2006/3412, art. 3, Sch. 1 para. 15(a) (subject to transitional provisions in Sch. 2); s. 42 in force for certain purposes for E.W. at 1.1.2008 by S.I. 2007/3376, art. 3; s. 42 in force for N.I. for certain purposes at 14.5.2008 by S.I. 2008/1316, arts. 2(1), 3(f)(g)