The Neighbourhood Planning (Referendums) Regulations 2012

[F1 PART 8 E+W Publication and supply of register and lists

Textual Amendments

F1 Sch. 6 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 1

Interpretation E+W

29.— (1)  In this Part—

[F2 “Article 89 GDPR purposes” means the purposes mentioned in Article 89(1) of [F3 the UK GDPR] (archiving in the public interest, scientific or historical research and statistics);]

“enactment” has the same meaning as in section 17(2) of the Representation of the People Act 2000;

F4 ...

“processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to the employees of that processor;

[F5 “relevant requirement” means the requirement under Article 89 of [F6 the UK GDPR], read with section 19 of the Data Protection Act 2018, that personal data processed for Article 89 GDPR purposes must be subject to appropriate safeguards;]

F7 ...

[F8 “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018;]

(2) In this Part, any reference to an employee of any person who has access to a copy of the business voting register shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.

(3) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act, any duty on a business registration officer to supply data under this Part imposes only a duty to supply data in the form in which that officer holds it.

(4) The business registration officer shall not supply data which includes information not included in the published version of the business voting register otherwise than under a provision in an enactment.

(5) Any person who has obtained, or is entitled to obtain, a copy of the business voting register under paragraphs 31, 33, 36 or 37 may—

(a) supply a copy of the business voting register to a processor for the purpose of processing the information contained in the register;

(b) procure that a processor processes and provides to them any copy of the register which the processor has obtained under this Schedule

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

(6) The processor may not disclose the business voting register or the information contained in it except to the person who supplied it to the processor or an employee of that person or a person who is entitled to obtain a copy of the business voting register under this Schedule or any employee of such a person.

(7) The restrictions contained in paragraphs 31(3), 33(6), 34(6), 35(2), 36(2) or 39(9) apply to a person to whom the business voting register, or any information contained in it has been supplied or disclosed under those paragraphs as they apply to the person to whom those paragraphs apply.

Textual Amendments

F2 Words in Sch. 6 para. 29(1) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 372(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3 Words in Sch. 6 para. 29(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 95(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 6 para. 29(1) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 95(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 6 para. 29(1) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 372(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F6 Words in Sch. 6 para. 29(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 95(c) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Sch. 6 para. 29(1) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 372(4) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F8 Words in Sch. 6 para. 29(1) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 95(d) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Publication of business voting register E+W

30.— (1) The business registration officer must publish the business voting register—

(a) on the nineteenth day before the date of the business referendum; and

(b) during the period—

(i) beginning at 5pm on the eleventh day, and

(ii) ending on the fifth day

before the date of the business referendum.

(2) For the purposes of sub-paragraph (1), the business voting register must be published by making a copy of it available for inspection under supervision—

(a) at the business registration officer’s office during usual office hours, and

(b) at such other places, if any, in the referendum area as allow members of the public in that area reasonable facilities for such purpose.

(3) Where a copy of the register is made available under sub-paragraph (2) by providing the register on a computer screen or otherwise in data form, the business registration officer must ensure that the manner in, and the equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person or business; or

(b) copy or transmit any part of that copy by electronic, or other, means.

Restrictions on supply of business voting register and disclosure of information from it by the business registration officer or that officer’s staff E+W

31.— (1) This paragraph applies to—

(a) the business registration officer;

(b) any deputy business registration officer;

(c) any person appointed to assist any such officer or who in the course of their employment are assigned to assist any such officer in that officer’s registration duties.

(2) Where the business registration officer is also the counting officer at the business referendum, this paragraph also applies to—

(a) the business registration officer acting in that other capacity;

(b) any deputy business registration officer or deputy counting officer, and

(c) any person appointed to assist any person mentioned in sub-paragraph (a) or (b) or who in the course of their employment is assigned to assist any such officer in their duties in respect of the business referendum.

(3) No person to whom this paragraph applies may—

(a) supply to any person a copy of the business voting register,

(b) disclose information contained in it, or

(c) make use of any such information,

otherwise than in accordance with an enactment (including these Regulations).

(4) Nothing in sub-paragraph (3) above applies to the supply or disclosure by a person to whom this paragraph applies to another such person in connection with that person’s registration duties or for the purposes of the business referendum.

Restriction on the use of the business voting register, or information contained in it, supplied in accordance with enactments or obtained otherwise E+W

32.— (1) This paragraph applies to—

(a) any person to whom a copy of the business voting register has been supplied in pursuance of a relevant provision;

(b) any person to whom information contained in the business voting register has been disclosed in pursuance of a relevant provision;

(c) any person to whom a person referred to in sub-paragraph (a) or (b) above has supplied a copy of the business voting register or information contained in it for the purposes (express or implied) of a relevant provision; and

(d) any person who has obtained access to a copy of the business voting register or information contained in it by any other means.

(2) No person to whom this paragraph applies may—

(a) supply a copy of the business voting register;

(b) disclose any information contained in it, or

(c) make use of any such information.

other than for a permitted purpose construed in accordance with sub-paragraph (3).

(3) The “permitted purpose”—

(a) where the copy was supplied or the information obtained in pursuance of a relevant provision, means the particular purpose for which the copy was supplied or the information disclosed to the person in question pursuant to the relevant provision;

(b) where the copy was not supplied or the information was not disclosed in pursuance of a relevant provision—

(i) in the case of a person to whom the copy of the business voting register was made available for inspection under supervision in accordance with paragraphs 33(2)(a) and (3), 34(3)(a), 39(5)(a) and (b) does not include direct marketing within the meaning of [F9 section 122(5) of the Data Protection Act 2018]; and

(ii) in any other case, means any purpose for which the person to whom this paragraph applies could have obtained a copy of the business voting register or the information contained in it pursuant to any enactment, including these Regulations.

(4) In this paragraph “relevant provision” means any enactment (except these Regulations) under which a copy of the business voting register is to be supplied or information from that register disclosed for a particular purpose.

Textual Amendments

F9 Words in Sch. 6 para. 32(3)(b)(i) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 373 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Supply of copy of business voting register to the British Library and restrictions on use E+W

33.— (1) The business registration officer shall supply, free of charge and on publication, one electronic copy of the business voting register to the British Library.

(2) Subject to sub-paragraph (6), no person employed by the British Library may—

(a) supply a copy of the business voting register other than to another such person or to a person using the Library to inspect it under supervision;

(b) disclose any information contained in it other than in accordance with sub-paragraph (4); or

(c) make use of any such information.

(3) Subject to sub-paragraph (6), no information which is contained in the business voting register may be disclosed otherwise than by allowing a person using the British Library to inspect it under supervision.

(4) Where a copy of the business voting register is made available for inspection by providing the register on a computer screen or otherwise in data form, the British Library shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person;

(b) copy or transmit any part of that copy by electronic means.

(5) A person who inspects the business voting register held by the British Library may not—

(a) make copies of any part of it, or

(b) record any particulars included in it,

otherwise than by means of hand-written notes.

(6) A person employed by the British Library is not prohibited from supplying a copy of, or disclosing information contained in a version of the business voting register where—

(a) more than ten years have expired since that version of the business voting register was first published; and

(b) the supply or disclosure is for [F10 Article 89 GDPR purposes in accordance with the relevant requirement].

(7) No person who obtains a copy of the business voting register or to whom information contained in it is disclosed under the circumstances described in sub-paragraph (6) may—

(a) supply a copy of it;

(b) make use of any such information,

other than for [F10 Article 89 GDPR purposes in accordance with the relevant requirement].

Textual Amendments

F10 Words in Sch. 6 para. 33(6)(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 374 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Supply of copy of business voting register to the Office for National Statistics and restrictions on use E+W

34.— (1) The business registration officer shall supply, free of charge and on publication, one electronic copy of the business voting register to the Office for National Statistics (“the ONS”).

(2) Subject to sub-paragraph (6), no person employed by the ONS may—

(a) supply a copy of the business voting register other than to another such person;

(b) disclose any information contained in it other than in accordance with sub-paragraph (3); or

(c) make use of any such information other than for statistical purposes.

(3) Subject to sub-paragraph (6), no information which is contained in the business voting register may be disclosed otherwise than—

(a) by allowing a person using the premises of the ONS to inspect it under supervision; and

(b) by publishing information about voters which does not include the name or address of any business vote holder.

(4) Where a copy of the business voting register is made available by providing the register on a computer screen or otherwise in data form, the ONS shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic means.

(5) A person who inspects the business voting register, whether a printed copy or in data form, may not—

(a) make copies of any part of it, or

(b) record any particulars included in it,

otherwise than by means of hand-written notes.

(6) A person employed by the ONS is not prohibited from supplying a copy of, or disclosing information contained in, the business voting register where—

(a) more than ten years have expired since that version of the business voting register was first published;

(b) the supply or disclosure is for [F11 Article 89 GDPR purposes in accordance with the relevant requirement].

(7) No person who obtains a copy of the business voting register or to whom information contained in it is disclosed under the circumstance described in sub-paragraph (6) may—

(a) supply a copy of it,

(b) disclose any such information, or

(c) make use of any such information,

otherwise than for [F11 Article 89 GDPR purposes in accordance with the relevant requirement].

Textual Amendments

F11 Words in Sch. 6 para. 34(6)(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 375 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Supply of copy of business voting register to the Electoral Commission and restrictions on use E+W

35.— (1) The business registration officer shall supply, free of charge and on publication, one electronic copy of the business voting register to the Electoral Commission (“the Commission”).

(2) Neither the Electoral Commissioners nor any person employed by the Commission may—

(a) supply a copy of the business voting register other than to an Electoral Commissioner or another such person;

(b) disclose any information contained in it otherwise than in accordance with sub-paragraph (4); or

(c) make use of any such information otherwise than in connection with their functions under, or by virtue of, the Political Parties, Elections and Referendums Act 2000.

(3) In sub-paragraph (2) “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.

(4) The business voting register or any information contained in it may not be disclosed otherwise than by publishing information about business vote holders which does not include the name or address of any business vote holder.

Supply of copy of business voting register to certain councils and restrictions on use E+W

36.— (1) Sub-paragraphs (2) to (4) apply to the council which appointed the registration officer acting as the business registration officer in respect of the business referendum.

(2) Subject to sub-paragraph (3), no councillor or employee of the council may—

(a) supply a copy of the business voting register to any person other than to another councillor of or employee of the same council;

(b) disclose any information contained in it;

(c) make use of any such information.

(3) A councillor or employee of the authority may supply a copy of the business voting register, or disclose or make use of information contained in it—

(a) where necessary for the discharge of a statutory function of the council or any other local authority relating to security, law enforcement and crime prevention, or

(b) for statistical purposes, in which case no information shall be disclosed which includes the name or address of any business vote holder.

(4) In this paragraph, “local authority” has the meaning given by section 270 of the Local Government Act 1972.

(5) The business registration officer shall supply, free of charge and on request, one electronic copy of the business voting register to any other local authority which falls partly or wholly within the referendum area where the referendum area comprises any part of the area of more than one relevant council.

(6) Subject to sub-paragraph (7), no councillor or employee of the council may—

(a) supply a copy of the business voting register to any person other than to another councillor of or employee of the same authority;

(b) disclose any information contained in it;

(c) make use of any such information.

(7) A councillor or employee of the authority may supply a copy of the business voting register, or disclose or make use of information contained in it—

(a) where necessary for the discharge of a statutory function of the council or any other local authority relating to security, law enforcement and crime prevention, or

(b) for statistical purposes, in which case no information shall be disclosed which includes the name and address of any business vote holder.

Supply of copy of business voting register to the security services E+W

37.   The business registration officer shall supply, free of charge and on request, one electronic copy of the business voting register to—

(a) the Security Service;

(b) the Government Communications Headquarters;

(c) the Secret Intelligence Service.

Supply of copy of business voting register to police forces and restrictions on use E+W

38.— (1) The business registration officer shall supply, free of charge and on request, one electronic copy of the business voting register to—

(a) any police force in Great Britain;

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

(c) the Serious Organised Crime Agency;

(d) the National Crime Squad;

F12 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) any body of constables established under an Act of Parliament.

(2) No person serving whether as a constable, officer or employee in any of the forces and organisations listed at sub-paragraph (1) above may—

(a) supply a copy of the business voting register to any person;

(b) disclose any information contained in it; or

(c) make use of any such information,

otherwise than for the purposes of the prevention and detection of crime and the enforcement of the criminal law (whether in England or elsewhere).

Textual Amendments

F12 Sch. 6 para. 38(1)(e) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 67 (with reg. 1(6)(7))

Supply of copy of business voting register to public libraries and local authority archives services, and restrictions on use E+W

39.— (1) A public library or a local authority archives service may request the business registration officer to supply free of charge the relevant part of the business voting register.

(2) Such a request shall—

(a) be made in writing, and

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

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(b), the copy of a document supplied under this sub-paragraph shall be in data form.

(4) The business registration officer shall supply the relevant part of the business voting register in accordance with a request that has been duly made.

(5) Subject to sub-paragraph (8), no person employed by the public library or the local authority archives service may—

(a) supply a copy of the relevant part of the business voting register other than to another such person or to a person using the library or the archives service to inspect it under supervision;

(b) disclose any information contained in it otherwise than by allowing a person using the library or the archives service to inspect it under supervision; or

(c) make use of any such information.

(6) Where a copy of the relevant part of the business voting register is made available for inspection in accordance with sub-paragraph (5)(a) or (b) by providing the register on a computer screen or otherwise in data form, the library or the archives service shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic means.

(7) A person who inspects a copy of the relevant part of the business voting register, whether a printed copy or in data form, may not—

(a) make copies of any part of it, or

(b) record any particulars in it,

otherwise than by means of hand-written notes.

(8) The public library or local authority archives service is not prohibited from supplying a copy of, or disclosing information contained in the relevant part of the business voting register where—

(a) more than ten years have expired since that business voting register was first published in accordance with paragraph 30; and

(b) the supply or disclosure is for [F13 Article 89 GDPR purposes in accordance with the relevant requirement].

(9) No person who obtains a copy of the relevant part of the business voting register or to whom information contained in it is disclosed under the circumstances described in sub-paragraph (8) may—

(a) supply a copy of it;

(b) disclose such information, or

(c) make use of any such information,

otherwise than for [F13 Article 89 GDPR purposes in accordance with the relevant requirement].

(10) In this paragraph—

“library authority” has the same meaning as in section 206 of the Local Government Act 1972;

“local authority archives service” means an archives service established by—

(a)

a county council;

(b)

a district council;

(c)

a London borough council;

(d)

the Common Council of the City of London, or

(e)

the Council of the Isles of Scilly,

in exercise of its functions under the Local Government (Records) Act 1962;

“public library” means a library maintained by a library authority.

(11) For the purposes of this paragraph the relevant part of the business voting register is so much of it as a public library or local authority archives service has been given responsibility for keeping by a library authority or local authority respectively.

Textual Amendments

F13 Words in Sch. 6 para. 39(8)(9) substituted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 376 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Supply of copy of business voting register to counting officer E+W

40.— (1) The business registration officer must supply, free of charge and upon its publication in accordance with paragraph 30(1), copies of the business voting register to any counting officer for any relevant council in relation to the business referendum.

(2) In sub-paragraph (1), the duty to supply copies of the business voting register is a duty to supply one copy in data form, and as many printed copies as the counting officer may reasonably require for the purposes of the business referendum.

(3) The business registration officer must as soon as practicable notify any counting officer for any relevant council in relation to the business referendum of any alteration or correction to the business voting register made in accordance with the provisions of this Schedule after a copy of the business voting register has been supplied under sub-paragraph (1).

Supply of copy of voters list to counting officer E+W

41.   Paragraph 40 applies to the voters list as it applies to the business voting register.

Communication of alterations made on polling day E+W

42.— (1) Where an alteration or correction to the business voting register or the voting list takes effect on the day of the poll, the business registration officer must take reasonable steps to ensure that the notice comes to the attention of the relevant presiding officer.

(2) Such steps may include communicating the alteration or correction to the presiding officer by telephone.

(3) Where the correction or alteration is notified to the presiding officer by telephone, the presiding officer must make a written record of it.

Use of identifier information E+W

43.— (1) The business registration officer must either—

(a) provide any counting officer for any relevant council in relation to a business referendum with a copy of the information contained in an identifier record, and notify them as soon as practicable of any correction or alteration made to it in accordance with the provisions of this Schedule, or

(b) give the counting officer access to such information.

(2) Information contained in an identifier record may be disclosed by the business registration officer to—

(a) if the business registration officer thinks that to do so will assist another business registration officer in the performance of that other registration officer’s duties, that other business registration officer; or

(b) any person exercising functions in relation to the preparation or conduct of proceedings under the Representation of the People Acts.]