The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the ninth commencement regulations under the Elections Act 2022 (c. 37) (“EA 2022”) and the only commencement regulations for the Ballot Secrecy Act 2023.

Provisions commenced by regulations 2 and 4 make changes to postal and proxy voting restrictions and, for Northern Ireland only, date of birth lists.

The provisions commenced by regulation 3(a), (c) and (h)(iii) to (vi) relate to the new offence of undue influence. This offence is inserted as section 114A of the Representation of the People Act 1983 (“the RPA”) and Schedule 6 of EA 2022 replicates the offence for elections to the Northern Ireland Assembly and local elections in Northern Ireland. There are consequential and minor amendments made by Schedule 5 to EA 2022, which is commenced by regulation 3(g). Schedule 5 makes amendments to address an issue where disqualification from certain elective offices as a result of a corrupt practice did not result in disqualification from other elective offices.

Provisions commenced by regulation 3(b) are sections 10 and 11 of the EA 2022 which make changes to requirements relating to names and addresses of candidates at Parliamentary elections.

The provisions commenced by regulation 3(d) and (i) relate to the candidacy rights of EU citizens. For the purposes of preparatory work for elections to be held on or after 7th May 2024, those provisions come into force on 1st November 2023. The voting rights provisions, and provisions around candidacy rights that have not already taken effect, come into force on 7th May 2024 in accordance with regulation 5.

Regulation 3(e) commences provisions in Part 5 of EA 2022 relating to disqualification orders made by courts as part of sentencing in relation to offences that are motivated by hostility to candidates, office holders and others, and which are intimidatory in nature. Schedules 9 and 10 to EA 2022, which make provision relating to Part 5, are commenced by regulation 3(j) and (k) respectively.

Provisions commenced by regulation 3(f), (l) and (m) are those relating to the new digital imprints regime introduced by Part 6 of EA 2022. Savings provision in Part 4 of the Schedule make provision about material which was first published before 1st November 2023.

Regulation 6 brings into force on 1st November 2023 guidance prepared by the Electoral Commission under section 54 of EA 2022 (“the guidance”) on the operation of Part 6 of EA 2022 (information to be included with electronic material). The Electoral Commission or a constable is required to have regard to the guidance in exercising their functions in relation to a breach or suspected breach of that Part. Regulation 6 also sets out the specified days for the purposes of transitional measures in Schedules 3, 4 and 6 in relation to postal and proxy entitlements.

Regulation 7 introduces the Schedule, which makes transitional and savings provision. Part 1 of the Schedule sets out the general savings so that the amendments in paragraphs 1(2) and 4 of Schedule 10 to EA 2022 do not take effect in the relation to an election where the notice of poll has already been issued prior to commencement, to avoid the rules of the election being changed in the middle of an election. Further provision is made so that the amendment made to the consent to nomination form for local government elections in Northern Ireland does not take effect for elections where the date of poll specified in the notice of election is on or before 1st May 2024. Provision is also made in Part 1 of the Schedule to ensure that EU citizens on the register on 7th May 2024, when the voting rights changes come into force, can continue to vote in elections for which notice of election was published on or before 31st January 2025, provided that a review of their eligibility under the Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023 or the Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023 has not been concluded by the time notice of election is published for that election. Similar provision is made for the City of London for elections in the annual cycle ending on 15th February 2025.

Part 2 of the Schedule includes transitional and savings provisions relating to postal voting entitlements and proxy voting, as well as date of birth lists in Northern Ireland. Provision is made for overseas electors so that, before the full commencement of section 14 of EA 2022, which alters the entitlement of overseas electors to register and vote, such electors’ eligibility to hold an absent vote continues for the duration of their entitlement to be registered. The savings provision relating to proxy voting ensure that existing proxy voting entitlements are not disturbed in relation to an election for which the notice has been issued prior to the commencement date for the new restrictions but the date of poll is on or after the commencement date.

Part 3 of the Schedule makes savings provision relating to Schedules 5, 9 and 10 to EA 2022 so that offences or conduct committed prior to commencement of these provisions are captured only where that offence or conduct continues post-commencement.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment has been produced in relation to EA 2022 and copies can be obtained at https://bills.parliament.uk/publications/44886/documents/1304 or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.