Representation of the People Bill — Delegated Powers Memorandum from the Ministry of Housing, Communities and Local Government

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Representation of the People Bill
Memorandum from the Ministry of Housing, Communities and Local Government to
the Delegated Powers and Regulatory Reform Committee
Introduction
1. This memorandum has been prepared for the Delegated Powers and Regulatory
Reform Committee to assist with its scrutiny of the Representation of the People
Bill (“the Bill”). The Bill was introduced in the House of Commons on 12 February
2026. This memorandum identifies the provisions of the Bill that confer or amend
powers to make delegated legislation. It explains in each case why the power has
been taken and explains the nature of, and the reason for, the procedure selected.
Purpose and effect of the Bill
Part 1 – Young Voters

2. Part 1 makes the amendments needed to reduce the voting age from 18 to 16 in
various elections. Clause 1 makes the amendments for Parliamentary elections ,
local government elections in England, City of London elections, local elections in
Northern Ireland, Police and Crime Commissioner elections in England and Wales,
and for recall petitions across the UK. Clause 2 provides an exception for 16- and
17-year-olds detained for criminal justice reasons.

3. Clauses 3 to 6 make amendments to electoral legislation relating to registration of
electors, including amendments to facilitate the registration of looked after children,
formerly looked after children and those in secure accommodation, as well as to
enable registration of those who have not yet attained the voting age but who will
do so within two years of their application for registration (“attainers”). These
clauses also make amendments to enable children of those in service of the
Crown, who may be posted away from their usual place of residence in the UK, to
be entitled to register under a “service qualification” in the same way that a spouse
or partner of a person in service is currently able to register.

4. Schedule 1 makes additional amendments in relation to how electoral registration
officers (“EROs”) take action to make sure the register is up to date and ensure
that people under the age of 16 cannot be compelled to register (as this would
leave them subject to civil penalties for a failure to respond). Part 1 of this Schedule
also includes amendments to the rules governing the conduct of UK parliamentary
elections and local elections in Northern Ireland, as well as the rules governing the
appointment of proxies for the purpose of voting at UK parliamentary elections,
local government electio ns in England and local elections in Northern Ireland, in
connection with the lowering of the voting age to 16.

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5. Part 2 of Schedule 1 makes provision allowing for the alignment of parliamentary
and local government elector registers in Scotland and Wales where a person
under the age of 18 is registered in a local government elector register but not a
parliamentary elector register (paragraphs 15 and 16). Paragraph 1 7 makes
connected provision in respect of such a person’s existing absent voting
arrangements.

6. Clauses 7 to 14 make provision recognising that attainers are under 16 years old
and their personal data should be given special protection. This includes a general
restriction on the ERO about disclosing such personal data, subject to the
exceptions set out in clause 8.

7. Clause 15 imposes a duty on local authorities in Great Britain to raise awareness
of voting rights among looked after children and those in receipt of aftercare.
Clause 16 imposes a similar duty in respect of Health and Social Care Trusts in
Northern Ireland.

Part 2 – Registration of electors

8. Part 2 contains provisions relating to the registration of electors.

9. Clauses 17 and 18 make provision allowing eligible individuals to be registered
and for elector’s register entries to be amended respectively, without requiring a
prior application from the individual in circumstances where an ERO becomes
aware that an eligible individual is not registered or an elector’s register entry is no
longer accurate (as the case may be) . Clause 19 and Schedule 2 make further
provision related to those clauses.

10. Clauses 20 to 22 allow pilot regulations to be made which test voter regi stration
provision (see clause 2 1) in relation to the registration of parliamentary electors
and to the registration of local government electors in England or Northern Ireland.
Clause 23 sets out the parliamentary procedure for pilot regulations and clause 24
places a duty on the Electoral Commission (“EC”) to prepare a report following the
pilot conducted in accordance with the pilot regulations. Clause 2 5 provides
definitions for terms used in the pilot provisions at clauses 20-24.

11. Clause 26 gives the Secretary of State the power to make regulations amending
the duty on the Chief Electoral Officer of Northern Ireland (“CEONI”) to conduct a
canvass contained in section 10 of the Representation of the People Act 1983
(“RPA 1983”). Clause 27 requires the Secretary of State to consult the EC when
the Secretary of State proposes to exercis e this power and requires the E C to
prepare a report assessing the proposal when consulted. Clause 28 allows the

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power to be used to pilot proposals in the form of pilot regulations, and clause 29
requires the EC to produce a report on any such pilot regulations.

12. Clause 30 amends sections 7C and 15 RPA 1983 to provide for circumstances in
which a declaration of local connection or service declaration (respectively) ceases
to have effect, and makes provision requiring notices to be sent in certain cases.

13. Clause 31 amends section 8 RPA 1983 so that a local authority in England and
Wales is required to appoint a “senior officer” (defined in new section 8(2ZA) and
(2B) RPA 1983) to be an ERO in accordance with that section.

14. Clause 32 amends section 9 RPA 1983 so that an ERO is not required to ensure
that electoral numbers on any separate part of the register they maintain run
consecutively where the electoral number relates to an elector with an anonymous
entry. It also amends section 9C RPA 1983 so that a person registered on an
electoral register in Great Britain with an anonymous entry retains their anonymous
entry for a period of three years without the need to make a further application.

15. Clause 33 amends the RPA 1983 to set a deadline for the making of registration
applications prior to a pending election. Clause 34 makes additional associated
provision in respect of electoral registration in Northern Ireland.

16. Clause 35 amends section 13C RPA 1983 so that an electoral identity card issued
to an elector in Northern Ireland is only required to show the month and year in
which the elector was born, rather than the elector’s full date of birth.

17. Clause 36 amends secondary legislation making powers in Schedule 2 RPA 1983
to allow for the provision of information to EROs and CEONI for the purpose of
assisting them in their functions relating to the electoral register. Clause 37 also
amends the power in paragraph 10 of Schedule 2 RPA 1983 to ensure that only
those who have opted in will have entries appearing in the edited version of the
register.

Part 3 – Conduct of elections etc.

18. Part 3 contains provision relating to the conduct of elections, including
amendments to the rules in Schedule 1 RPA 1983 governing the conduct of UK
parliamentary elections.

19. Clause 38 amends section 24 RPA 1983 to require local authorities in England
and Wales to place the services of employed officers at the disposal of the
returning officer of a parliamentary constituency situated wholly or partly in the
local authority’s area for the purposes of assisting the returning officer at
parliamentary elections. Clause 39 amends section 25 RPA 1983 so that a local

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authority in Scotland is required to appoint a “senior officer” (defined in new section
25(1C) RPA 1983) to be a returning officer for UK parliamentary elections in a
constituency in Scotlan d; and where more than one local authority’s area is
situated with the constituency, section 25(1)(b) RPA 1983 requires the local
authority designated by the Secretary of State by order to appoint the returning
officer. The clause also amends section 35 RPA 1983 so that a local authority in
England (and also, in London, the Greater London Authority) is required to appoint
a senior officer to be the returning officer for local government elections.

20. Clause 40 amends Schedule 1 RPA 1983 so that candidate nomination papers
can be delivered to the returning officer at a UK parliamentary election between
9am and 5pm on each day of the nomination period and then between 9am and
noon on the final day. The clause makes equivalent changes for local elections in
Northern Ireland. Clause 41 also amends Schedule 1 RPA 1983 to require a
prospective candidate at a UK parliamentary election to provide evidence as to
their identity alongside their nomination papers. The clause also requires a
prospective candidate to complete a declaration of truth form. Clause 4 2 makes
equivalent amendments in respect of candidates at local elections in Northern
Ireland.

21. Clause 43 amends Schedule 1 RPA 1983 to allow a registered political party to
withdraw a previously issued authorisation certificate which authorised a
prospective candidate at a UK parliamentary election to use a description in their
nomination papers which associated the candidate with that party. The registered
political party can do so up to 48 hours before the close of the nomination period.
Withdrawal of an authorisation certificate invalidates the nomination papers to
which the certificate relates. The clause makes equivalent changes for local
elections in Northern Ireland. Clause 44 makes amendments to the rules governing
subscription of candidate nomination papers.

22. Clause 45 inserts new rule 7A into Schedule 1 RPA 1983 to allow a candidate at
a UK parliamentary election the option of completing a police contact form
containing the candidate’s contact details which the returning officer can then
forward to the relevant police force.

23. Clause 46 removes the requirement to ‘call out’ the details of electors voting in
polling stations at local elections in Northern Ireland and UK parliamentary
elections in Northern Ireland. It also corrects certain references to corresponding
number lists in legislation.

24. Clause 47 amends the list of identification documents in rule 37 of Schedule 1 RPA
1983 which are acceptable for us e by an elector or proxy voting in person at a
polling station at a parliamentary election in Great Britain for the purpose of
obtaining a ballot paper. New rule 37(1H)(m) allows certain payment cards to be

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used for this purpose. The clause also clarifies the types of digital forms of
acceptable documents which are also acceptable for these purposes and makes
consequential amendments relating to the power in rule 37(1Q) to alter the list of
acceptable documents.

25. Clause 48 and Schedule 3 make amendments to Schedule 4 to the Representation
of the People Act 2000 ( “RPA 2000”) which governs absent voting at UK
parliamentary elections in Great Britain and at local government elections in Great
Britain. Clause 48 and Schedule 3 also make amendments to sections 5 to 9 of
the Representation of the People Act 1985 ( “RPA 1985”), which govern absent
voting at UK parliamentary elections in Northern Ireland. The amendments adjust
the maximum period for a longer-term postal voting arrangement (in Great Britain)
and make other provision about postal and proxy voting applications, the
cancellation of arrangements and connected offences and secondary legislation
making powers.

26. Clauses 49, 50 and 51 give the Secretary of State the power to make regulations
for certain officers (as defined in clause 50) to provide prescribed information about
an election, referendum or recall petition process (specified in clause 51 ) for the
purpose of helping people to understand that process.

27. Clause 52 and Schedule 4 amend the RPA 1985 to make provision about the
postponement of certain ongoing elections and referendums in the event of the
demise of the Crown.

28. Clause 53 and Schedule 5 make amendments to electoral legislation for the
purpose of replacing the prescribed form of certain forms relating primarily to UK
parliamentary elections and to local elections in Northern Ireland which are set out
in primary legislation with a power to prescribe those forms in secondary legislation
instead. The Schedule als o makes provision about scrutiny by Parliament of
subordinate legislation setting out the form of documents for other types of
elections and referendums.

Part 4 – Campaigns and political expenditure

29. Clause 54 amends sections 67 and 68 RPA 1983 to reduce the circumstances in
which a candidate or a candidate’s election agent or sub-agent is required to have
their home address published in connection with a UK parliamentary election or a
local government election in England. The clause also amends section 34 of the
Electoral Law Act (Northern Ireland) 1962 (“ELA(NI) 1962”) to make equivalent
provision in respect of local elections in Northern Ireland.

30. Clause 55 and Schedule 6 make provision for the EC, rather than the courts, to
grant leave to pay late and disputed claims in respect of certain electoral expenses.

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31. Clauses 56 and 57 and Schedule 7 provide for certain returns and declarations ,
and any accompanying documents, relating to expenses to be sent to the EC.

32. Clause 58 and Schedule 8 require registered political parties and other regulated
campaigners to undertake a risk assessment prior to accepting donations of a
value above a certain threshold.

33. Clause 59 makes provision so that those under 16 are not classed as permissible
donors. Clause 60 adjusts the permissibility requirements for companies and
limited liability partnerships (“LLPs”) who wish to donate to a registered political
party, including requirements relating to “persons with significant control” over the
company or LLP and available revenue that must be satisfied for a company or
LLP to be a permissible donor.

34. Clause 61 makes clarifying provision about the forfeiture of impermissible
donations that have been accepted by a donee, in circumstances where the
individual who made the donation was not registered at the time of the donation
but who was otherwise entitled to be registered.

35. Clause 62 and Schedule 9 make several changes to the legislation governing
political contributions made by unincorporated associations, including lowering the
threshold at which such contributions and gifts made to those unincorporated
associations must be reported.

36. Clause 63 amends section 44 of the Elections Act 2022 (“EA 2022”) to apply
imprint requirements for electronic material under that section to electronic material
promoted by third parties. Clause 64 amends section 54 EA 2022 to remove the
parliamentary procedure associated with non-substantive changes to the guidance
produced by the EC in relation to imprint requirements for electronic material.

Part 5 – Enforcement and the Electoral Commission

37. Part 5 contains provisions relating to enforcement of certain provisions of electoral
legislation and the functions of the EC.

38. Clause 65 and Schedule 10 decriminalise certain criminal offences contained in
the Political Parties, Elections and Referendums Act 2000 ( “PPERA 2000”).
Clauses 66 and 67 and Schedule 11 make amendments, in particular to Schedule
19C PPERA 2000 , which extend the EC’s enforcement functions to certain
offences under the RPA 1983, the Recall of MPs Act 2015 (“RoMPA”), the EA 2022
and ELA(NI) 1962. Clause 68 amends Schedule 19C PPERA 2000 to allow the
Secretary of State to make provision in supplementary orders which could be

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achieved by provision in a supplementary order made by either the Scottish or
Welsh Ministers, but the power may only be exercised with their prior consent.

39. Clause 69 amends PPERA 2000 to allow disclosure of information by the EC to a
person or body listed in new Schedule 19D PPERA 2000 for the purpose of
assisting the performance of the person’s functions.

Part 6 – Hostility towards candidates etcdisqualification orders and sentencing

40. Clause 70 amends Part 5 EA 2022 to include a new protected category of election
officers and their staff. The amendment means that where a court is satisfied that
an offence listed in Schedule 9 EA 2022 involves hostility on the part of an offender
against such a person, the court must impose a disqualification order under section
30 EA 2022 (unless exceptional circumstances apply). Clause 71 amends the
Sentencing Code to create a new statutory aggravating factor for courts in England
and Wales to consider in respect of certain offe nces involving hostility towards
persons falling within sections 32 to 34A EA 2022. Clause 72 makes equivalent
provision in respect of Scotland and Northern Ireland.

41. Clauses 73 and 74 extend the effect of a disqualification order made under section
8 of the Scottish Elections (Representation and Reform) Act 2025 so that a person
subject to such an order is also disqualified from being nominated for election to,
being elected to or holding a relevant elective office (within the meaning of section
37 EA 2022).

Part 7 - General

42. Part 7 contains general provision about the Bill, including powers to make
commencement regulations, and to make transitional, savings and consequential
provision. Clause 76 also provides a power for the Secretary of State to amend
references to subordinate legislation in the provisions of the Bill and in provisions
inserted by the Bill into other Acts.
Delegated Powers
43. Electoral legislation is split between primary and secondary legislation. There is
already a relatively clear approach about the types of provision which appear in
primary and secondary , the latter including the contents of applications for
registration or absent voting, detailed steps to be taken by EROs in connection
with keeping the register up to date, and the use of the electoral register . There
are also existing powers to prescribe additional requirements in relation to returns
and reports required for political finance regulation, and powers to prescribe forms
and other materials that are used by candidates and others involved in the electoral
processes. Additionally, there are powers to make delegated legislation relating to

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the remit of the EC. The delegated powers being taken in this Bill seek to reflect
that approach.
44. Two delegated powers are expanded in relation to service voters in clause 5 in
subsections (3)(f) and (4)(c). The first of these is to enable the Secretary of State’s
existing power to make regulations to extend the maximum duration of service
declarations made by forces personnel and their spouses or civil partners to also
enable provision covering the duration of a declaration made by their children. This
is a Henry VIII power . The second of these is to amend the existing power to
prescribe requirements relating to attestations so that attestations cannot be
required from children of forces personnel, mirroring the current carve out for
forces personnel, their spouses and civil partners.
45. A delegated power is taken in clause 13 to make further provision around
disclosure of young person’s personal data by EROs (and prohibitions or
restrictions on any onward disclosure) . This includes a power to amend the
provision in the Bill relating to disclosure of personal data of those under the age
of 16, and is therefore a Henry VIII power. This is necessary to ensure that where
there is a need for information about a young person to be disclosed to new
categories of persons, this can be updated. For example if there are new types of
elections at which candidates may need to receive information about their
electorate.
46. Delegated powers are taken in relation to registration reforms in Part 2 – there is
a delegated power to pilot registration changes in Great Britain in clause 20,
including to pilot provisions allowing for more automatic forms of registration, which
includes a power to modify primary legislation for a limited period of time. Further
powers include a power to amend but not abolish the canvass in Northern Ireland
(clause 26) – this is a Henry VIII power ; and a power to pilot provision about
amending the canvass (clause 28). In addition, there are eight powers taken – four
for GB and mirrored powers for NI – about: (a) the manner and form of a notice to
be given before an ERO can (i) register a person or (ii) alter a person’s registration
information without them making an application; and (b) the manner and form of a
notice to be given where an ERO decides that they are no longer required to (i)
register someone or (ii) alter someone's registration entry who they had previously
sent a registration or alteration notice to (clauses 17 and 18).
47. A number of powers are taken to facilitate the consolidation of electoral forms.
These are set out in paragraphs 1 to 5 and 10 of Schedule 5. The powers in
paragraphs 1 to 5 and 10 of Schedule 5 allow certain forms used in connection
with UK parliamentary elections and with local elections in Northern Ireland to be
prescribed in secondary legislation. Other paragraphs in that Schedule amend
powers connected to other types of elections and referendums so that generally
the power to prescribe forms is exercis able in statutory instruments made under

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the negative procedure (except for the prescribed form of ballot papers, and forms
for use in local elections in Northern Ireland).
48. Three delegated powers are taken in the amendment made by clause 58 and
Schedule 8 in relation to the new requirement to carry out a risk assessment about
a donor and whether the donor is likely to be facilitating a donation from an
impermissible donor. Two powers are being taken to enable the amendment of the
list of risk factors that a registered party must take into account when carrying out
a risk assessment. The lists are within primary legislation so these powers are
therefore Henry Vlll powers and will be subject to the affirmative procedure. One
additional power is also being taken to allow the uplifting of the donation threshold
set out in new paragraph 6(1A) and (1B) of Schedule 2A RPA 1983 (see paragraph
44 of Schedule 8 to the Bill) in relation to when such an assessment is required to
be carried out. The power is exercisable either on the recommendation of the EC
or to reflect changes in the value of money. The thresholds are set out in primary
legislation and therefore this is a Henry VIII power.
49. Additionally, two powers are taken in clause 60 in respect of the new requirements
for company or LLP donors. New section 54G PPERA 2000 provides a power for
the Secretary of State to make amendments by regulations relating to the
significant control test ( see new sections 54E and 54F) where it is necessary or
appropriate to do so in consequence of changes made to relevant company/LLP
legislation which governs how information on persons of significant control are
reported. New section 54H(7) PPERA 2000 provides a power for the Secretary of
State by regulations to make provision requiring revenue of a specified description
to be ignored when determining a company’s or LLP’s revenue for the purposes of
that section, including by amending PPERA 2000 . Both powers are therefore
Henry VIII powers.
50. Existing powers in Schedule 19C PPERA are expanded by clauses 66 and 68 to
reflect the new remit of the Electoral Commission and to enable the Secretary of
State to use existing and expanded powers of the Scottish and Welsh Ministers
(with their consent) to enable consistent provision to be made in respect of
devolved and reserved matters.
51. Two powers are taken in relation to any transitional or consequential provision that
may be needed as a result of this Bill. There is also a power to commence
provisions by regulations. Here, the necessity for a delegated power has been
carefully considered and limited in scope and is explained in more detail below.
Delegated powers by clause
Powers in Part 1 of the Bill

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Clause 5(3)(f) (and (6)(b)) - New section 15(9A) RPA 1983 – Power to adjust period
of registration for person registered in pursuance of a qualifying child’s service
declaration
Power conferred on: Secretary of State
Power exercised by: Order
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
52. Those in the armed forces or otherwise in the service of the Crown are entitled to
register to vote in parliamentary and local government elections when in service
away from their usual residence. This is provided for by sections 14 to 17 RPA
1983. Clause 5 makes provision to ensure that the children of service personnel,
where they are living with their parent or guardian who qualifies by virtue of their
service, are entitled to also be registered under this provision.
53. The power in new section 15(9A) RPA 1983, as inserted by clause 5(3)(f) allows
the Secretary of State to extend the maximum duration of a service declaration, in
relation to non-devolved elections, for a child who is registered on the grounds that
they live with their parent or guardian, who qualifies as service voter as a member
of the forces or spouse or civil partner of a member of the forces . This power
replicates an existing power which exists for the Secretary of State and Scottish
and Welsh Ministers in relation to forces personnel and their spouses or civil
partners. This is to ensure that the maximum duration of a child’s declaration could
be the same as their parent’s or guardian’s declaration. This is a Henry VIII power
because it allows for the 12-month duration specified in section 15 to be extended,
to a maximum duration of 5 years.
54. This power is applied to Northern Ireland local elections by clause 5(6)(b), which
inserts new paragraph 11A into Part 2 of Schedule 1 to the Elected Authorities
(Northern Ireland) Act 1989 (“EA(NI)A 1989”). Schedule 1 EA(NI)A 1989 applies
provisions of the RPA 1983 to local elections in Northern Ireland. Part 1 of
Schedule 1 EA(NI)A 1989 already applies current power in s ection 15(9) RPA
1983, and therefore this new power is likewise extended to local elections in
Northern Ireland.
Justification for taking the power:
55. The power mirrors an existing power, in section 15(9) RPA 1983, for forces
personnel and their spouses and civil partners. The new power is subject to the
same safeguards and processes, and maximum limit of five years. Parliament has
already considered that it is appropriate for the Secretary of State to have this
power in relation to forces families, and this additional element of the power is to

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reflect the fact that children of those in service, or children of spouses or partners
of those in service, will be entitled to vote. The service qualification is to recognize
that forces families and those who are otherwise in service of the Crown, should
not be disadvantaged by their service. The power is taken in line with existing
powers and to create, so far as possible, equality between voting rights of 16- to
18-year-olds and their parents or guardians.
Justification for the procedure:
56. In line with the existing power, and most powers in the RPA 1983, this is subject
to the affirmative procedure by virtue of section 201(2) RPA 1983. The Secretary
of State must also consult the EC before making regulations. The maximum period
that the Secretary of State may specify under this power is five years, as applies
to current subsection (9) of section 15 RPA 1983. The affirmative procedure is
considered appropriate for the making of provision in secondary legislation relating
to electoral registration, which is a matter of interest to Parliament and therefore
considered appropriate for debate.
Clause 5(4)(c) - New section 16(1A) RPA 1983 – Power to prescribe the manner of
attestation for certain service declarations
Power conferred on: Secretary of State (so far as it relates to service declarations made
for the purpose of registering as a parliamentary elector or as a local government elector
in England or Northern Ireland (by virtue of Schedule 1 EA(NI)A 1989); Scottish Ministers
(so far as it relates to service declarations made for the purpose of registering as a local
government elector in Scotland); Welsh Ministers (so far as it relates to service
declarations made for the purpose of registering as a local government elector in Wales)
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
57. Service declarations must comply with the requirements of section 16 RPA 1983.
The requirements relate to the contents of the declaration, but also require that in
most cases, a service declaration must be attested. There is an existing power for
the Secretary of State, or Welsh and Scottish Ministers in respect of devol ved
Welsh and Scottish elections, to prescribe the manner of such attestation.
58. The power in this clause is a replacement of existing powers to make provision
about how service declarations are attested. The existing power to prescribe the
manner in which attestations of service declarations made by service personnel
and their spouses, is section 16(1) RPA 1983. The requirement for such
declarations to be attested is not applied in the case of declarations made by
members of the forces or the spouse or civil partner of such a member. As the

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voting age in devolved Scottish and Welsh elections is 16, there is also existing
devolved provision in section 16(2) RPA 1983, which disapplies the attestation
requirement in respect of children of members of the force or spouses or civil
partners of such members.
59. As a consequence of the lowering of the voting age and for consistency, th e
existing exception in section 16(1) RPA 1983 is extended to a person who is a
child whose parent or guardian is a member of the forces or the spouse or civil
partner of such a member, when the child is living with that member or spouse or
civil partner. This is consolidated with the existing devolved provision in subsection
(2), which is repealed and replaced with a new subsection (1A).
60. The new exception to the current power is applied for consistency between parents
or guardians and their children, and between reserved (parliamentary elections
across the UK and local government elections in England and Northern Ireland)
and devolved elections (local government elections in Scotland and Wales and
Scottish Parliament and Senedd elections).
Justification for taking the power:
61. This is a restatement of an existing power . The underlying power is unchanged,
which is an existing power to prescribe the manner of attestation. This amendment
in a sense modifies when the provision made under this power applies because it
provides an exception when an attestation is not required at all.
Justification for the procedure:
62. As there is no change to the nature of the underlying power, this remains subject
to the affirmative procedure by virtue of section 202(1) RPA 1983. The affirmative
procedure is considered appropriate in the context of provision relating to electoral
registration, which is a matter of interest to Parliament.
Clause 6 and Schedule 1, paragraph 11 – Amendment of paragraph 3C of Schedule
2 RPA 1983 – Restriction on power to make provision about the annual canvass in
respect of persons under the age of 16
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
63. Schedule 1 makes provision in association with the voting age reduction.
Paragraphs 4 and 6 of that Schedule make amendments to section 9A and 9E

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RPA 1983. These amendments are to ensure that during the canvass process or
when encouraging a person to respond to an invitation to register , an ERO is not
required to make house to house inquiries or telephone contact with a person
under the age of 16, nor can the ERO compel a child under 16 to register to vote.
This is in line with existing devolved provision that was introduced when the voting
age was lowered for devolved elections.
64. Considering these changes , it was also considered appropriate to amend
paragraph 3C of Schedule 2 RPA 1983. This is done by paragraph 11 of Schedule
1 to this Bill. Paragraph 3C of Schedule 2 RPA 1983 confers a regulation making
power on the Secretary of State (in respect of parliamentary elections, local
government elections in England and Northern Ireland), the Scottish Ministers (in
respect of local government elections in Scotland) and the Welsh Ministers (in
respect of local government elections in Wales) to make provision specifying steps
to be taken when carrying out the canvass and when encouraging a person to
make an application for registration. Paragraph 3C is amended to make clear that
the steps specified cannot include authorising or requiring an ERO to make house-
to-house inquiries for the purposes of making contact with a person under 16.
Justification for taking the power:
65. This is a narrowing of an existing power . The existing power is amended to be
consistent with other amendments to the primary legislation, to remove any doubt
that the secondary legislation made under the existing powers must be in
accordance with the underlying primary legislation.
Justification for the procedure:
66. As this clause narrows an existing power the procedure attached is the same as
the procedure attached to the current power. This is the affirmative procedure as
that is considered appropriate in the context of provision relating to electoral
registration, which is a matter of interest to Parliament and therefore considered
appropriate for debate.
Clause 13(1) – Power to make further provision relating to protection of young
person’s information, including the power to amend clauses 7 to 9, 11, 12 and 14 of
the Bill and to make amendments to other enactments relating to the supply or
disclosure of the electoral register
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:

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67. EROs are under an obligation pursuant to section 9 R PA 1983 to maintain (a) a
register of Parliamentary electors; and (b) a register of local government electors.
There is provision in section 4(5) RPA 1983 to permit registration on the
parliamentary registers across the UK, and local government registers in England
and Wales, by attainers. Clause 3 amends section 4 RPA 1983 in line with the
position in relation to local government registration in Scotland, to permit
registration on the parliamentary register and the local government register in
England as an attainer by those who are aged 14 or over . Equivalent provision
introduced by clause 3(6) allows registration at 14 or over on the local government
register in Northern Ireland.
68. Clauses 7 to 14 make provision to recognise that these amendments in clause 3
will result in personal data of those under the age of 16 being included on the
electoral registers maintained under section 9 RPA 1983. The register includes the
name, address and the date when an attainer will “attain” the voting age, effectively
revealing the child’s date of birth.
69. The protections in these clauses will ensure that these enactments are subject to
restrictions so that young person’s personal data on those registers can only be
supplied or otherwise disclosed if one of the exceptions set out in clause 8 applies.
This includes providing data to the police in relation to electoral offences,
disclosure to a person appointed as proxy for that young person, or where the
supply is in connection with an election at which they will be of an age to vote and
in accordance with a “supply enactment”, which is defined in clause 11. Clause 9
also provides for a scenario where disclosure of information that is on both the
local government register and the parliamentary register in Scotland or Wales is
permitted only in respect of one register. This would occur where disclosure is
permitted under the Scottish Elections (Reduction of Voting Age) Act 2015 (in
respect of the local government register in Scotland) or the Senedd and Elections
(Wales) Act 2020 (in respect of the local government register in Wales) but not this
Bill (in respect of the parliamentary register in Scotland or Wales), or vice versa.
70. It is essential for an ERO to have clarity about what they can or cannot disclose.
An ERO will be permitted to disclose combined registration information under this
clause if the exceptions in clause 8 do not apply but where disclosure of the same
information on the local government register would be permitted under the Scottish
Elections (Reduction of Voting Age) Act 2015 or the Senedd and Elections (Wales)
Act 2020. Equivalent amendments are made to those Acts in clause 10.
71. The supply of the register is mainly governed by the Representation of the People
(England and Wales) Regulations 2001, the Representation of the People
(Scotland) Regulations 2001, and the Representation of the People (Northern
Ireland) Regulations 2008 ( collectively “RP Regulations”). Where it is thought
necessary for personal data about attainers, those under 16, to be included in the

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registers so disclosed, provisions from the RP Regulations and other enactments
are included in the list of “supply enactment” in clause 8.
72. Clause 13 provides a power for the Secretary of State to make regulations to make
provision for or about the disclosure of a young person’s information. This includes
provision:
a. that supply or disclosure of information as specified in the regulations does
not breach the prohibition in clause 7(1);
b. specifying the purposes for the use of that information;
c. imposing prohibitions or restrictions on onward supply or other use of that
information both on the immediate recipient of the information and any
further recipients;
d. imposing prohibitions on the supply of the register on those involved in the
preparation of the full version of the register, absent voting records or lists,
overseas elector lists, or the register of persons entitled to sign a recall
petition, which is compiled from the electoral register;
e. to make different provision for different purposes;
f. to amend clauses 7 to 9, 11, 12 and 14 of the Bill;
g. to create criminal offences punishable on summary conviction.
73. These powers, like many other powers related to elections, are also subject to a
requirement on the Secretary of State to consult the EC. There is also a
requirement to consult such other persons as the Secretary of State thinks
appropriate.
74. The power allows for the amendment of clauses of the Bill and is therefore a
Henry VIII power. Subsection (5) of the clause contains a limitation on the power
to alter the definitions of “registration information”, “voters register”, “absent voters
record or list” or “overseas electors list”. The definitions can be amended by way
of addition or variation, but a description of information, register, record or list can
only be removed from these definitions where it was a dded by previous
regulations.
Justification for taking the power:
75. The Government considers it appropriate to permit amendments to provision
around the supply of register information in secondary legislation. This is in line
with the existing powers in paragraphs 10A, 10B, 11 and 11A of Schedule 2 RPA
1983. These powers are similar to those in section 15 of the Scottish Elections

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(Reduction of the Voting Age) Act 2015 and section 26 of the Senedd and Elections
(Wales) Act 2020. This is to ensure that if a new need is identified for register
information to be supplied to new people or for new purposes, this can be done via
secondary legislation. There is a list of “supply enactments”, which includes
provisions of the RP Regulations, and it may be necessary to make corresponding
amendments to clauses 7 to 9, 11, 12 and 14 of the Bill if those RP Regulations
are amended.
Justification for the procedure:
76. In keeping with similar powers to make regulations (including those under the RPA
1983) about procedural requirements in connection with electoral registration and
supply of the registers , the affirmative procedure is applied to ensure the
appropriate degree of parliamentary scrutiny. There is also a requirement to
consult the EC under clause 13(6). Further, the power to create criminal offences
is subject to a limitation that this can only be used to create offences that are
punishable with a fine; it is considered that the affirmative procedure is an
appropriate safeguard in that additional context.
Powers in Part 2 of the Bill
Clause 17(1) – New section 12 B(5) RPA 1983 - Power to make provision about a
notice under section 12B(1) RPA 1983
New section 12C(4) RPA 1983 - Power to make provision about a notice under
section 12C(1) RPA 1983
Clause 17 (2) – provision which extends these powers in relation to local
government registration in Northern Ireland
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:
77. The Bill introduces provisions to support the automation of the registration process.
This is only a partial automation and it will be a requirement for an ERO to notify
an individual before they are registered, in case they do not wish to be registered
automatically, for example if they would be entitled to be registered anonymously,
which makes automated registration inappropriate.
78. Clause 17(1) introduces new section 12B(5) RPA 1983, which is a power to make
provision about the notice (for example form, contents, length of the response

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period and additional information that must be included in the notice) which must
be sent by the ERO as the first step in automatically registering someone on the
register. This clause also creates a power in new section 12C(4) RPA 1983 to
make provision about the contents of the notice which must be sent when an ERO
determines that a person should not be registered under new section 12A . Some
provision about the form/content of the notice is set out on the face of new sections
12B and 12C (see s ections 12B(3) and 12C(3)) and there is no power to amend
these requirements.
79. Subsection (2) of this clause applies these powers to registration on the local
government register in Northern Ireland by amending Schedule 1 EA(NI)A 1989.
Justification for taking the power:
80. It will be necessary for the ERO to be satisfied that a person is entitled to be
registered before the ERO initiates the notification process. There is a significant
level of detail set out in existing secondary legislation in relation to the information
needed for an application and identity verification process . It is expected that a
similar level of detail and processes will need to be set out in the secondary
legislation. However, this will be tested first to establish what methods are most
successful, and these tests will also aim to establish the appropriate length of the
notice period and the detail of the notices . Therefore the provision will need to be
set out in secondary legislation in due course.
81. If a person has been informed that they will be added to the register automatically,
it is considered that they should be informed if the ERO determines that a person
is not in fact eligible. As above, the level and type of information that would be
useful to individuals will be tested to establish the best approach. Therefore, the
detailed provision around notices will be set out in secondary legislation in due
course.
Justification for the procedure:
82. These regulations are subject to the negative procedure as a result of paragraph
13(a) and (b) of Schedule 2. Those amendments add sections 12B(5) and 12C(4)
to the list of enabling powers in respect of which the affirmative procedure does
not apply (at section 201(2) RPA 1983) and which are instead subject to the
negative procedure (at section 201(2A) RPA 1983) . The negative procedure is
considered to be appropriate here because the regulations relate only to the
notices which must be provided under new section 12B and new section 12C (e.g.
form, contents, length of response period and additional information that must be
included in the notice). The regulations which can be made therefore relate only to
supplementary and administrative issues.
Clause 18(1) – New section 12F(5) RPA 1983 - Power to make provision about a
notice under section 12F(1) RPA 1983

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New section 12G(4) RPA 1983 – Power to make provision about a notice under
section 12G(1) RPA 1983
Clause 18 (2) – provision that extends these powers to apply in relation to local
government registration in Northern Ireland
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:
83. The Bill also introduces two powers to support automated alteration of register
entries – in respect of a person’s name or address – where the ERO has sufficient
information to do so. Like the automation of the registration process, th ese
alteration provisions are only partially automated and it is still required that a
person is notified before their register entry is altered, in case they have a status
(for example they have notified the ERO that they wish to be registered
anonymously) which makes automated registration inappropriate. Some provision
about the form and content of the notice is set out on the face of new sections 12F
and 12G (see sections 12F(3) and 12G(3)) and there is no power to amend these
requirements . Clause 18(1) provides:
a. a power in new section 12F(5) RPA 1983 to make provision about the
notice (for example form, contents, length of the response period and
additional information that must be included in the notice) which must be
sent by the ERO as the first step in automatically altering someone’s entry
on the register;
b. a power in new section 12G(4) RPA 1983 to make provision about the
contents of the notice which must be sent when an ERO decides not to
alter someone’s entry on the register automatically because they no longer
appear to be entitled to be register ed in respect of the new address or
name.
84. Additionally subsection (2) of this clause amends Schedule 1 EA(NI)A 1989 to
extend these powers in respect of registration on the local government register in
Northern Ireland.
Justification for taking the power:
85. It will be necessary for the ERO to be satisfied that the register entry of a person
who is registered as an elector is incorrect before the ERO initiates the notification
process prior to altering that person’s entry. Currently there is a significant level of

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detail set out in the existing regulations in relation to the information needed for an
application to alter and identity verification for such applications. It is expected that
a similar level of detail and processes will need to be set out in the secondary
legislation. However, this will be tested first to establish what methods are most
successful, and these tests will also aim to establish the appropriate length of the
notice period and the detail of the notices. Therefore, the detailed provision around
notices will be set out in secondary legislation in due course.
86. Likewise, if a person has been informed that they will have their entry on the
register altered automatically, they should be informed when the ERO determines
that their entry should not in fact be altered for reasons of eligibility. As above, the
level of technical detail needed will be tested to establish appropriate processes.
Therefore, the provision will need to be set out in secondary legislation in due
course.
Justification for the procedure:
87. These regulations are subject to the negative procedure as a result of paragraph
13(a) and (b) of Schedule 2. Those amendments add sections 12F(5) and 12G(4)
to the list of enabling powers in respect of which the affirmative procedure does
not apply (at section 201(2) RPA 1983) and which are instead subject to the
negative procedure (at section 201(2A) RPA 1983). The negative procedure is
considered appropriate in relation to these powers because the regulations relate
only to the notices which must be provided under new sections 12F and 12G (for
example, the form and contents of the notice and length of response period). The
regulations which can be made therefore relate only to supplementary and
administrative matters.
Clause 19 and Schedule 2, paragraph 14 – New paragraph 1BA of Schedule 2 RPA
1983 – Power to make provision authoris ing or requiring a registration officer to
take specified steps for the purposes of sections 12A, 12B, 12E or 12F RPA 1983
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
88. The Bill also introduces a power to make provision requiring or authorising an ERO
to take specified steps for the purpose of making a determination under the new
provisions introduced by clauses 17 and 18.
Justification for taking the power:

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89. This power will allow regulations to be made to set out steps for an ERO to take to
carry out their new duties under sections 12A, 12B, 12E and 12F RPA 1983, to
allow for more automated means of registration.
90. An ERO will need to make a determination under new sections 12A to 12F RPA
1983 of a person’s entitlement to be registered or have their entry altered by more
automated means. The Bill will (by further regulations) enable EROs to have
greater access to data by amending Schedule 2 RPA 1983 but there is a need to
test processes and use of data for automated registration/alteration, and to assess
what steps EROs may need to take to be able to make such a determination. It is
envisaged that regulations will in particular set out steps to be taken by EROs to
assess the data that they receive and take steps to verify that data. Pilots
undertaken under clauses 20 to 2 5 are expected to test what steps are most
effective and therefor e detailed provision will need to be set out in secondary
legislation in due course.
Justification for the procedure:
91. As with other regulations under Schedule 2 RPA 1983, the affirmative procedure
will apply to ensure that parliament is able to scrutinise provisions made under
these regulations.
Clause 20 to 25 - Powers to make provision for electoral registration pilots
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure (general)/Negative procedure (certain
purposes)
Context and purpose:
92. The range and speed of improvements in technology and sources of data are such
that it is expected that a number of new approaches to registration should be
trialled to identify the best methods and data sources to quickly and accurately
identify those who are not on the register but who are eligible. In particular, it is the
intention to use these powers both in relation to testing the automated registration
and alteration provisions introduced in clauses 17 to 19, so that people can be
registered without having to apply, and to also test methods to make it easier for
people to apply to be registered.
93. The two types of registration (elector initiated and automated) are expected to run
side by side and the ability to test improvements to both system s is a crucial part
of development of new and improved approaches to registration. The eligibility
requirements for voting are not affected by any of the powers in this Bill.

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94. The powers allow for the modification of legislation, including primary legislation.
This is a Henry VIII power, albeit with temporary effect.
95. The pilot regulations will be limited to a period specified in those regulations.
Clause 20(3) allows for the making of further pilot regulations which extend that
period on one or more occasions . Where pilot regulations only contain provision
which extends the specified period in earlier pilot regulations for up to a further 12
months, the pilot regulations are subject to the negative procedure instead of the
affirmative procedure (see clause 23(3)).
Justification for the power:
96. As with previous significant changes to the registration system (for example the
introduction of individual elector registration by the Electoral Registration and
Administration Act 2013) the power to pilot is considered necessary to enable the
testing of methodologies, procedures and technologies to ensure that the full
rollout of any changes is successful.
97. It is considered that the pace of technological changes and improvements in data
sets would make it impractical to include provision in primary legislation. Further,
testing by pilot also ensures that any problems in the system are identified before
making permanent changes to the existing regulations.
98. Additionally, in case the pilots do not show clear results by the time the pilot is due
to end, a power is taken to allow the extension of the period specified in the original
regulations.
Justification for the procedure
99. As with most regulations relating to registration, these powers are subject to the
affirmative procedure (except for the power to extend the specified period of pilot
regulations – see below). The power could also be used to modify, for a particular
pilot or pilots, primary legislation.
100. There are additional safeguards attached to the use of this power, including
a requirement to consult the EC. In addition, there is a requirement that the local
authority (or authorities) in whose area the pilots are run agree to the proposal, or
the Secretary of State must explain this to Parliament.
101. The negative procedure has been chosen for pilot regulations which only
make provision extending the specified period of earlier pilot regulations by up to
12 months. This is on the basis that the affirmative procedure is required for the
underlying regulations. The pilot itself will have been extensively debated, and the
extension of time is not seen as sufficient to warrant full parliamentary debates.
The negative procedure still allows for peers or MPs to trigger a debate if they
disagree.

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Clauses 26 to 29 – Power to amend the CEONI’s duty to conduct canvass
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: affirmative procedure
Context and purpose:
102. The canvass in Northern Ireland occurs once every ten years. The
procedures and requirements of the canvass are set out in primary legislation
(sections 10, 10ZA and 10ZB RPA 1983), in contrast to the approach in the rest of
the UK.
103. When the system of individual electoral registration was introduced by the
Electoral Registration and Administration Act 2013, it was considered that the
canvass was not necessarily the most appropriate model for ensuring that the
registers were complete and accurate (the primary purpose of the canvass), and
to encourage people to register. Powers were given to Secretary of State to enable
piloting and implementation of changes to the canvass in Great Britain, and
potentially alternative methods of ensuring the accuracy and completeness of the
register.
104. The canvass in Great Britain is governed by a mixture of principles and
minimum requirements set out in primary legislation, and the detailed requirements
set out in secondary legislation, for example setting out different methods for how
the ERO should try to make contact with particular households depending on their
responsiveness of communications. It is considered appropriate to modernize the
Northern Ireland canvass in a similar way.
105. The power taken in clause 26 mirrors the power taken in section 7 of the
Electoral Registration and Administration Act 2013, and is therefore a Henry VIII
power, as it allows the amendment of canvass provisions in primary legislation.
Unlike the power in section 7 of that Act, there is no power to abolish the duty on
the CEONI to carry out the canvass.
106. This power can be used to make provision for a particular period by virtue
of clause 28, to allow for piloting.
Justification for taking the power
107. The experience of the canvass since canvass reform in G reat Britain has
indicated that it is important to ensure that approaches to the canvass can be
changed in line with new technologies, communication methods and data sources.
This will be particularly important given other provisions in the Bill on improving

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voter registration by more automated means (as described in the entries on
clauses above). The ability to be responsive to change is crucial in ensuring that
registration is efficient and good value for money.
108. As with other provision on registration, it is seen appropriate to leave the
detailed processes that the CEO NI must adopt when approaching matters of
registration to secondary legislation. This is consistent with the approach in the
rest of the UK.
Justification for the procedure:
109. The power in clause 26 is subject to the affirmative procedure, because it
is a Henry VIII power and so this is considered to be the appropriate procedure.
Clause 30(2)(a) – New section 7C(2)(aba) RPA 1983 - Power to make provision as to
procedure for the determination that a declaration of local connection should cease
to have effect
Power conferred on: Appropriate national authority (see new section 7C(5) RPA 1983)
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
110. The Bill makes a number of amendments to section 7B RPA 1983,
including setting an upper age limit for a person who is or was a looked after child,
to be eligible to make a declaration. A declaration of local connection enables a
person to register in respect of an address even if they cannot satisfy the residence
requirement (see section 5 RPA 1983 for detail on the residence requirement). In
the absence of the ability to make a declaration of local connection, a person could
not register at that address.
111. It is considered that a person’s declaration should terminate when they
cease to meet the requirements of a declaration of local connection. In particular,
where a person exceeds the “relevant age” that applies – this will be 21 for
registration on the parliamentary register and the local government registers in
England and Northern Ireland, which matches the existing provision in relation to
local government registers in Scotland; for registration on the local government
registers in Wales, the age is 18.
112. There are other scenarios where a person’s circumstances might change
and they should cease to be eligible to be registered under a declaration of local
connection – for example if a person ceases to be homeless, they should register
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113. The power taken allows the appropriate national authority to make
provision for how the ERO makes a determination that a person no longer meets
the criteria under which they made their declaration.
Justification for taking the power:
114. Detailed provision about the process by which EROs make determinations
in relation to a person’s eligibility are set out in existing secondary legislation.
There are equivalent provisions relating to the process around determining that a
person is no longer eligible to be registered at their address ( for example, section
10ZE(4) RPA 1983), because the level of technical detail and steps required to be
taken are more appropriate for secondary legislation.
Justification for the procedure:
115. The affirmative procedure is considered appropriate for regulations relating
to registration due to the Parliamentary interest and the need for appropriate levels
of parliamentary scrutiny.
Clause 33 (4) – new section 13BAA(1) RPA 1983 - Power to change application
deadline ahead of pending elections
Clause 33(5) - application of new power to local elections in Northern Ireland
Power conferred on: Appropriate national authority (see new section 13BAA(3) RPA 1983)
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
116. The current deadline for receipt of a registration application for it to take
effect for an upcoming election arises from a mix of primary and secondary
legislation. It is in effect midnight on the day which is twelve working days before
poll.
117. These clauses provide for the deadline to be moved to 5pm on the day
which is twelve working days before the day of poll at an election. This is to avoid
excessive pressure on EROs after the end of the working day during a busy period
in the lead up to elections, ensure queries can be dealt with at a reasonable time
for electors and to provide a clear statement on the face of primary legislation about
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118. The clauses confer a power on the appropriate national authority to change
the date and time before which the application must be received if it is to take effect
prior to a pending election.
Justification for taking the power:
119. There is a power to set a registration deadline in secondary legislation
already (see section 53 and Schedule 2 RPA 1983), however it was considered to
be important to initially state a deadline in primary legislation for clarity and so that
this could be debated.
120. In line with the existing power to set a deadline for registration in regulations
under RPA 1983, it was considered appropriate to take a power to amend the
deadline inserted into the RPA 1983 by this Bill. This is a Henry VIII power.
Justification for the procedure:
121. The affirmative procedure is considered to be appropriate to ensure the
appropriate level of parliamentary scrutiny. The appropriate national authority must
consult the EC before making the regulations.
Clause 36 – amendment of paragraphs 1 and 1A of Schedule 2 RPA 1983 - Powers
to make provision for data sharing for the purposes of registration
Amendments to paragraphs 1B and 3C of Schedule 2 RPA 1983 to extend those
powers to the canvass in Northern Ireland
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and purpose
122. The introduction of a regime for registration without a person having to
apply necessitates an ERO having access to data sets from a number of different
sources, for example the Department for Works and Pensions, whose database is
already used to assist with “data matching” information provided by an applicant
as part of the identity verification process.
123. In order to ensure that those who are eligible, in particular those from hard-
to-reach groups, are able to be registered, there is a need for greater data sharing
for the purposes of registration.
124. There is also a need to clarify that regulations under paragraph 1(4) of
Schedule 2 RPA 1983 can be made to allow EROs (for the purpose of their

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registration duties) to inspect, access and take copies of records by any means,
not just by means of physical inspection.
125. Additionally, the clause amends paragraphs 1B and 3C of Schedule 2 RPA
1983. The power in these paragraphs allow provision to be made in regulations
regarding processes to be followed by an ERO when conducting a canvass in
Great Britain. The amendments expand the powers in those paragraphs for the
purpose of a canvass conducted in Northern Ireland.
Justification for taking the power:
126. The Secretary of State already has a power to make provision authori sing
or requiring the sharing of information from any person under section 53 and
Schedule 2 RPA 1983). This is currently used for the purposes of the canvass and
for identity verification to ensure that a person making an application is the person
they purport to be. The powers are to be amended so that they encompass any
new methods of registration, not least automated registration, which has greater
data sharing requirements.
127. The current data sharing processes are set out in significant detail in the
RP R egulations. It is considered appropriate to include the same detailed
processes and requirements in regulations. This will enable a more responsive
approach to developing technologies and any legal changes to data protection or
other laws.
128. The clarification to paragraph 1(4) of Schedule 2 RPA 1983 is needed to
ensure that regulations can be made making it clear that EROs can inspect, access
and take copies of documents by any means (provided it is for the purpose of their
registration duties). Currently, EROs may not be able to access the records in the
form that is most useful as they and the holders of the records are unsure how the
current provision applies. This amendment, and provision made under this, is
expected to create more certainty on this point.
129. With regard to the expansion of paragraphs 1B and 3C of Schedule 2 RPA
1983 to cover Northern Ireland, the experience of the canvass since canvass
reform in Great Britain has indicated that it is important to ensure that approaches
to the canvass can be changed in line with new technologies, communication
methods and data sources. The ability to be responsive to change is crucial in
ensuring that registration is efficient and good value for money.
130. As with other provision on registration, it is seen appropriate to leave the
detailed processes that the CEO NI must adopt when approaching matters of
registration to secondary legislation. This is consistent with the approach in the
rest of the UK.
Justification for the procedure

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131. These powers are inserted into Schedule 2 RPA 1983 (and in respect of
Northern Ireland via Part 1 of Schedule 1 EA(NI)A 1989). These therefore follow
the existing affirmative procedure as with all regulations relating to registration
matters.
Clause 37 – Amendment of paragraph 10 of Schedule 2 RPA 1983 - Power to make
provision about the edited register
Power conferred on: Secretary of State (in respect of register of parliamentary electors
and register of local government electors in England and Northern Ireland); Scottish
Ministers (in respect of register of local government electors in Scotland); Welsh Minsters
(in respect of register of local government electors in Wales)
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
132. The “edited” register, most commonly referred to as the “open” register
operates on an “opt-out” model. Where a person is registered as an elector, that
person’s information is included on the “open” register, which is available for
purchase by a wide range of entities, unless that person actively opts out either at
the point of application for registration or at a later date.
133. It is considered that it is more appropriate for the “open” register to operate
on a model whereby a person’s name and address is only included if they actively
opt-in to having their data included in this way. The clause provides that the person
must opt in themselves, and does not allow anyone else to opt in for them.
134. This is achieved by amending the existing regulation making power in
paragraph 10 of Schedule 2 RPA 1983.
Justification for taking the power:
135. This is an amendment of an existing power to change the way that power
can be exercised. The power has already been delegated to the executive.
Justification for the procedure:
136. As with other regulation making powers relating to electoral registration,
this power is subject to the affirmative procedure, to ensure the appropriate level
of parliamentary scrutiny.
Powers in Part 3 of the Bill

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Clause 39(2)(b) – New section 25(1B)(b) RPA 1983 - Power to designate local
authority responsible for appointing a senior officer to be the returning officer for a
parliamentary constituency in Scotland
Power conferred on: Secretary of State
Power exercised by: Ministerial Order (not a statutory instrument)
Parliamentary Procedure: No procedure
Context and Purpose:
137. Section 25 RPA 1983 governs the appointment of returning officers for UK
parliamentary elections in Scotland. Section 25(1) RPA 1983 currently provides
that where a UK parliamentary constituency falls wholly within a local government
area, the returning officer for the election of councillors for that area is the returning
officer for that parliamentary constituency. Where a constituency is located in two
or more local government areas , the returning officer is the person appointed by
the Secretary of State by Ministerial Order.
138. Clause 39 amends section 25 RPA 1983. New section 25(1A) RPA 1983
requires the relevant local authority to appoint a “senior officer” (within the meaning
of section 25(1C) RPA 1983) as the returning officer for a parliamentary
constituency in Scotland. New section 25(1B) (a) RPA 1983 provides that the
“relevant local authority” for these purposes is the local authority in whose area the
whole of the constituency falls. Where a UK parliamentary constituency falls within
more than one local government area, section 25(1B)(b) RPA 1983 allows the
Secretary of State to designate a relevant local authority.
Justification for taking the power:
139. This power is effectively a restatement of the existing power in section
25(1)(b) RPA 1983, adjusted to operate in conjunction with the new seniority
requirement. The power is necessary to allow the Secretary of State to determine
which local authority is responsible for appointing a senior officer to be the
returning officer, in circumstances where there is more than one local authority in
whose area the constituency is located.
Justification for the procedure:
140. An order under new section 25(1B)(b) RPA 1983 is not classified as a
statutory instrument, and there is no associated parliamentary procedure. This
follows the current approach with the existing power (in section 25(1)(b) RPA 1983)
that this new power replaces.

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Clause 41(3) – New rule 6(7) of Schedule 1 RPA 1983 - Power to prescribe suitable
documentary evidence for the purpose of verifying the identity of a candidate at a
parliamentary election
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
141. Clause 41 (3) amends rule 6 of Schedule 1 RPA 1983, which sets out
requirements for the nomination papers for candidates at parliamentary elections.
New rule 6(7) requires a candidate’s nomination paper to be accompanied by the
original or copies of prescribed documents that provide evidence of a candidate’s
identity.
142. By virtue of section 202(1) RPA 1983, “prescribed” in new rule 6(7) means
prescribed by regulations. New rule 6(8) provides that the new power can be used
to prescribe a description of documents for these purposes.
Justification for taking the power:
143. The availability and suitability of i dentity documents evolve over time, and
it is not considered to be practical to list in primary legislation all possible identity
documents that would be suitable for a candidate to use to prove their identity. It
is therefore considered appropriate for a list of suitable identity documents in
secondary legislation, so that it can be updated to reflect new developments.
Justification for the procedure:
144. The affirmative procedure is considered to be appropriate given the
parliamentary interest in provision relating to elections, so that sufficient
parliamentary scrutiny is given to the list of identity documents prescribed under
this provision.
Clause 41(5) – New rule 8A(3)(a) of Schedule 1 RPA 1983 - Power to prescribe form
of declaration of truth for the purposes of a parliamentary election
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:

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145. Clause 41(5) inserts new rule 8A into Schedule 1 RPA 1983. New rule 8A
requires a prospective candidate at a parliamentary election to make a declaration
of truth to be validly nominated as a candidate. New rule 8A(2) and (3) set out the
requirements of the declaration of truth, which includes the requirement that the
declaration must be in the prescribed form. By virtue of section 202(1) RPA 1983,
“prescribed” in new rule 8A(3)(a) means prescribed by regulations.
Justification for taking the power:
146. The principle that a declaration of truth should be required, and the core
requirements of that declaration, are each set out in primary legislation. The
provision contained in regulations made under this power will reflect the provisions
in new rule 8A that will be agreed by Parliament during the passage of this Bill,
with the actual prescribed format of the declaration to be included in secondary
legislation. This is consistent with a number of existing prescribed forms in
Schedule 1 RPA 1983, where the core requirements are set out in the rules in the
primary legislation, and the forms that reflect those rules are set out in secondary
legislation.
Justification for the procedure:
147. The negative procedure is adopted here (subsection (10) of this clause)
because the requirements for the content are already set out in the primary
legislation. The form that is used to set out those requirements for candidates’ use
is then to be subject to the negative procedure on the basis that the form must be
consistent with the primary legislation. This is considered the right balance
between utilising parliament’s time efficiently and enabling parliamentary scrutiny
of the form.
Clause 42(2) – New rule 5(10) and (11) of Schedule 5 ELA(NI) 1962 – Use of power
at section 84 of the Northern Ireland Act 1998 to specify suitable documentary
evidence for the purpose of verifying the identity of a candidate at a local election
in Northern Ireland
Power conferred on: His Majesty in Council
Power exercised by: Order in Council
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
148. Clause 42(2) amends rule 5 of Schedule 5 ELA(NI) 1962, which sets out
requirements for the nomination papers for candidates at local elections in
Northern Ireland. New rule 5 (10) requires a candidate’s nomination paper to be

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accompanied by the original or copies of specifi ed documents that provide
evidence of a candidate’s identity.
149. By virtue of new rule 5(11), “specified” in new rule 5(10) means specified
by an Order in Council made in accordance with section 84(1) of the Northern
Ireland Act 1998. This is an expansion of the existing power in section 84(1).
Justification for taking the power:
150. The availability and suitability of identity documents evolve over time, and
it is not considered to be practical to list in primary legislation all possible identity
documents that would be suitable for a candidate to use to prove their identity. It
is therefore considered appropriate for a list of suitable identity documents in
secondary legislation, so that it can be updated to reflect new developments.
Justification for the procedure:
151. Orders made under section 84 of the Northern Ireland Act 1998 are subject
to the affirmative procedure (see section 84(4) of that Act). The affirmative
procedure is considered to be appropriate given the parliamentary interest in th e
identity documentation that is acceptable to prove a candidate’s identity.
Clause 42(3) – New rule 7 A(3)(a) of Schedule 5 ELA(NI) 1962 - Power to prescribe
form of declaration of truth for the purposes of a local election in Northern Ireland
Clause 53(2) and Schedule 5, paragraphs 2, 3, 5 and 19 to 22 – Power to prescribe
the form of certain forms and documents relating to local elections in Northern
Ireland
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
152. There are a number of forms that are required to be used under the ELA(NI)
1962. These are currently set out in the Schedules to that Act (in the Tenth
Schedule and the Appendix to the Fifth Schedule).
153. These provisions enable the making of regulations to amend the
requirements for a number of forms used at local elections in Northern Ireland,
relating to election expenses, declarations about election expenses, forms that
candidates must use as part of the nomination process as well as the forms of
other documents used during those elections. The core components of these forms

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are set out in the provisions themselves (for example section 46 ELA(NI) 1962 sets
out what a return as to expenses must contain), and the forms that are set out in
the Schedules therefore reflect requirements set out elsewhere in primary
legislation.
Justification for taking the power:
154. When the requirements in the underlying legislation change, it is necessary
to also amend the actual format of these prescribed forms to reflect those changes.
This is not considered an efficient use of parliamentary time, and it is considered
more effective to provide for a power to prescribe the forms, which must be
compliant with the requirements in the primary legislation, in secondary legislation.
Prescribing forms in secondary legislation will also allow for the possible
consolidation of the prescribed form of the same forms used in both local elections
and elections to the Northern Ireland Assembly.
Justification for the procedure:
155. The affirmative procedure is considered appropriate in accordance with
similar regulations made in relation to local elections in Northern Ireland (see
section 84(1) and (4) of the Northern Ireland Act 1998).
Clause 47(5) and (6) – Amendment of existing power in rule 37(1Q) of Schedule 1
RPA 1983 to amend the list of acceptable identification documents for use by a
person voting in person at a polling station at a parliamentary election
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
156. The requirement for a voter to show identification in a polling station at UK
parliamentary elections held in Great Britain was introduced in the EA 2022. This
clause amends the existing power to enable regulations to be made that allow
amendment of the list of acceptable documents, including by varying and repealing
paragraphs of the list. It is therefore a Henry VIII power.
157. Subsection (6) of this clause makes an amendment to the existing power,
inserting new paragraph (1QA), which also allows provision to be made enabling
non-photographic identity documents to be used . This is in line with the provision
allowing bank cards to be used (subsection (2)(b) of this clause).
Justification for taking the power:

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158. The availability and suitability of identity documentation varies and
develops with time. There is a need for flexibility to update the list of acceptable
documentation to keep pace with technological and other developments. Using
primary legislation each time that, for example, a new class of identity documents
are created, is considered to be an inefficient use of parliamentary time.
159. The principle of non-photographic documentation and other classes of
documentation will have been debated during the course of Bill passage, given the
presence of specific provision relating to bank cards in subsection (2) of this
clause. Parliament will have discussed extensively the principle and regulations
can then be made to ensure the efficient and speedy updating of the list as new
identity documents are developed. Further, it may be necessary to remove
documents from the list if any problems are identified in relation to the security of
those documents.
Justification for the procedure:
160. This is a Henry VIII power. Therefore, it is considered that the affirmative
procedure is the appropriate procedure to ensure parliamentary scrutiny of any
amendments to the underlying legislation.
Clause 48 and Schedule 3, paragraph 4(6)(b) – New paragraph 4(5)(aza) of Schedule
4 RPA 2000 – power to prescribe circumstances in which a person’s entry in the
record kept under paragraph 3(4 ) should not be removed following a subsequent
application by the same person under paragraph 4(1), (2) or (2A) to vote by post or
by proxy at a particular election
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
161. The ERO is required to keep a record under paragraph 3(4) of Schedule 4
RPA 2000 of absent voting (postal or proxy) arrangements granted for a particular
period. There are a number of scenarios where an ERO must remove a person
from the record, for example if the person makes an application for removal. This
paragraph of Schedule 3 amends paragraph 3(5) of Schedule 4 RPA 2000 to
provide for additional scenarios where the ERO must remove a person from the
record.

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Justification for taking the power:
162. This power is taken to enable the Secretary of State, Welsh Ministers or
Scottish Ministers, to set out circumstances where an ERO should not remove a
person from the absent voters record where that person makes a subsequent
application to vote by post or proxy at a particular election.
163. The circumstances where it is necessary to not remove a person from the
list of long term postal or proxy voters are likely to include where the subsequent
application for an arrangement is intended only to be a “temporary” arrangement.
It will allow (for example) a person with a longer-term postal voting arrangement to
apply to vote by proxy for a particular election and then revert to their longer -term
postal voting arrangement for subsequent elections . Further factors may come to
light as this process is administered, and it is considered appropriate to set this out
in regulations to ensure that change, based on experiences of EROs and others in
administering elections, can be made promptly.
Justification for the procedure:
164. The affirmative procedure is considered appropriate to ensure
parliamentary scrutiny of provisions which include provision which impacts how a
person can exercise their vote.
Clause 48 and Schedule 3, paragraph 4(7) – New paragraph 3(5A) of Schedule 4 RPA
2000 – power to prescribe requirements for an application under paragraph 3(5)(a)
of Schedule 4 RPA 2000 to have an entry removed from the record kept under
paragraph 3(4)
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
165. As described in paragraph 161 above, if a person applies for an absent
vote at elections of a particular type for a particular period of time, they are added
to the record maintained under paragraph 3(4) of Schedule 4 RPA 2000.
Paragraph 4(6)(b) of Schedule 3 inserts new paragraph 3(5)(a) of Schedule 4 RPA
2000. This provision allows a person with an entry on that record to apply to have
their entry removed (thereby cancelling their absent voting arrangement).

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166. Paragraph 4(7) of Schedule 3 inserts new paragraph 3(5A) of Schedule 4
RPA 2000, which confers a power to prescribe the requirements for an application
for removal under new paragraph 3(5)(a) of Schedule 4 RPA 2000.
Justification for taking the power:
167. The requirements for applications for registration or absent voting are set
out in secondary legislation. This is therefore consistent with existing practice.
Additionally, in relation to registration and absent voting, the application process
must enable the ERO to be able to verify that the person is the person they purport
to be. Processes for identity verification may change over time so it is necessary
to enable the provision to be in secondary legislation in order that this can be
adapted at pace.
Justification for the procedure:
168. Regulations made under this section will be subject to the affirmative
procedure. This is in accordance with the procedure applied to other provision
relating to requirements for registration and absent voting applications.
Clause 48 and Schedule 3, paragraph 5 – New paragraph 3A(2) of Schedule 4 RPA
2000 – powers to prescribe requirements of an application under paragraph 3A(1)(a)
or (b)
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
169. A person must, when making their application under paragraph 3 of
Schedule 4 to vote by post for a period of time for a particular kind of elections (or
all elections), specify the address where they want their ballot paper sent. New
paragraph 3A(1) of Schedule 4 RPA 2000 enables a person who is shown on the
record kept under paragraph 3(4) of Schedule 4 RPA 2000 as voting by post for a
particular period of time to make an application to make alternative arrangements
for a particular election in one of two ways.
170. New paragraph 3A(1)(a) allows the person to change the address to which
they wish their postal ballot paper to be sent for the purposes of tha t particular

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election. There are a number of reasons why a person might want to specify a
different address for a particular election. An example is where there is an
unexpected issue with the postal system, which means that ballot papers will not
be delivered until a later date than expected, and a person with a long term
arrangement will not be at their usual address at the time the ballot paper is likely
to be delivered. In that circumstance, a person may want their postal vote to be
sent to a different address. This paragraph allows them to make an arrangement
for that election. It is a restatement of existing paragraph 4(3)(a) of Schedule 4
RPA 2000, which is repealed by paragraph 6 of Schedule 3.
171. New paragraph 3A( 1)(b) enables a person with a long-term postal voting
arrangement to apply to vote in person at a polling station for a particular election,
after which the person will revert to voting by post for subsequent elections. A
person may wish to do this because of unexpected local issues with postal
delivery, or because their circumstances have changed.
172. The power in new 3A( 2) is a regulation making power to enable the
appropriate national authority (see new paragraph 1A of Schedule 4 RPA 2000, as
inserted by paragraph 3 of Schedule 3) to make provision as to the requirements
of an application under new paragraph 3A(1)(a) or (b).
Justification for taking the power:
173. As with other application types, for example for registration or an
application for an absent voting arrangement, it is considered to be appropriate
that the detailed requirements for that application are left to secondary legislation.
In part this is to ensure that the application contains information that is necessary
to verify a person’s identity, which can evolve and change over time as different
technologies, documents and processes are developed. It is also to ensure that
feedback about the process from the electoral sector can be implemented in a
timely and efficient manner. As stated above, the new power so far as it relates to
new paragraph 3A(1)(a) the power is a restatement of the existing power to
prescribed requirements set out in paragraph 4(4)(a) of Schedule 4 RPA 2000.
Justification for the procedure:
174. The affirmative procedure is considered appropriate and consistent with
other provision of this type. This is to ensure detailed parliamentary scrutiny of
these requirements.
Clause 48 and Schedule 3, paragraph 7(5) – New paragraph 5(3D) of Schedule 4 RPA
2000 – power to prescribe requirements for an application under paragraph 5(2C)(a)
or 5(3C)(a) of Schedule 4 RPA 2000 to have an entry removed from the postal voters
list or the list of proxies

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Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
175. Paragraph 5 of Schedule 4 RPA 2000 imposes an obligation on EROs to
create and maintain absent voting lists – the postal voters list and list of proxies –
in relation to each election. These lists contain information both about those who
have applied to vote by post or by proxy for that particular election only (under
paragraph 4 of that Schedule) or those who are included in the record kept under
paragraph 3(4) of that Schedule as voting by post or proxy in relation to that type
of election.
176. New paragraph 5(2C) sets out the specific circumstances in which the ERO
must remove from the postal voters list a person whose application to vote by post
was granted for that particular election. New paragraph 5(2C)(a) sets out that an
ERO must remove the person where they have made an application to be removed
from that list.
177. New paragraph 5(3C) sets out the specific circumstances in which the ERO
must remove a person from the list of proxies where the person’s application to
vote by proxy was granted for that particular election. New paragraph 5(3C)(a) sets
out that an ERO must remove the person where they have made an application to
be removed from that list.
178. New paragraph 5(3D) provides a power to prescribe the requirements of
an application for removal from either list.
Justification for taking the power:
179. As with other application types, for example for registration or an
application for an absent voting arrangement, it is considered to be appropriate
that the detailed requirements for that application are left to secondary legislation.
In part this is to ensure that the application contains information that is necessary
to verify a person’s identity, which can evolve and change over time as different
technologies, documents and processes are developed. It is also to ensure that
feedback about the process fr om the electoral sector can be implemented in a
timely and efficient manner.

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Justification for the procedure:
180. The affirmative procedure is considered appropriate to ensure
parliamentary scrutiny of provision which establishes how a person can exercise
their vote.
Clause 48 and Schedule 3, paragraph 8(7) – New paragraph 6 (10A) of Schedule 4
RPA 2000 – power to prescribe requirements for an application under paragraph
6(10)(za) of Schedule 4 RPA 2000 to cancel a proxy appointment
Power conferred on: Secretary of State (so far as relating to parliamentary elections
in Great Britain or local government elections in England), Scottish Ministers (so
far as relating to local government elections in Scotland), Welsh Ministers (so far
as relating to local government elections in Wales) – see new paragraph 1A of
Schedule 4 RPA 2000, as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
181. A person may apply to vote by proxy for elections of a particular type under
paragraph 3, or for a particular election under paragraph 4 of Schedule 4 RPA
2000. As part of that voting arrangement the person also needs to appoint another
person to be their proxy. The requirements to act as proxy are set out in paragraph
6 of Schedule 4 RPA 2000, and provisions about appointment and cancellation of
the appointment of the proxy are also described in that paragraph. Paragraph 8 of
Schedule 3 makes provision about cancellation of proxy appointments, including
(at new paragraph 6(10)(za)) that the person by whom the proxy has been
appointed may make an application to cancel that proxy’s appointment.
182. New paragraph 6(10A) of Schedule 4 RPA 2000 gives the Secretary of
State, Welsh Ministers and Scottish Ministers (as the case may be) the power to
prescribe the requirements of a proxy appointment cancellation application under
paragraph 6(10)(za).
Justification for taking the power:
183. As with other application types, for example for registration or an
application for an absent voting arrangement, it is considered to be appropriate
that the detailed requirements for that application are left to secondary legislation.
In part this is to ensure that the application contains information that is necessary
to verify a person’s identity, which can evolve and change over time as different
technologies, documents and processes are developed. It is also to ensure that

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feedback about the process from the electoral sector can be implemented in a
timely and efficient manner.
Justification for the procedure:
184. The affirmative procedure is considered appropriate to ensure
parliamentary scrutiny of provision which is linked to the method by which a person
can exercise their vote.
Clause 48 and Schedule 3, paragraph 9(8)(b) – New paragraph 7(9)(aa) of Schedule
4 RPA 2000 – power to prescribe circumstances in which a person’s entry in the
record kept under paragraph 7(6) should not be removed following a subsequent
application by the same person under paragraph 7(4)(b)
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
185. If a person has appointed a proxy to vote on their behalf, their proxy may
vote in person or by post. A proxy who applies to vote by post may apply to do so
for local government elections, parliamentary elections (or both) for a particular
period of time, or for a specific election on a particular date.
186. When the ERO grants an application of this nature, they must add the proxy
to the record of proxies who vote by post under section 7(6) RPA 1985. The Bill
makes provision so that a subsequent application to vote as proxy by post for a
specific election will supersede their previously held longer term arrangement,
unless regulations require the person not to be removed.
Justification for taking the power:
187. This power is taken to enable the Secretary of State, Welsh Ministers or
Scottish Ministers (as the case may be) to set out circumstances where an ERO
should not remove a person from the list of long-term postal voters (as proxy)
where the proxy makes a subsequent application to vary their arrangement for a
particular election.

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188. The circumstances where it is necessary to not remove a person from the
list of proxies who vote by post are likely to include the timing and impact of a
removal on the administration of the election. Further factors may come to light as
this process is administered, and it is considered appropriate to set this out in
regulations to ensure that change, based on experiences of EROs and others in
administering elections, can be made promptly.
Justification for the procedure:
189. The affirmative procedure is considered appropriate to ensure
parliamentary scrutiny of provisions which include provision about determinations
of applications that relate to how a person can exercise their vote.
Clause 48 and Schedule 3, paragraph 9(9) – New paragraph 7(9C) of Schedule 4 RPA
2000 – power to prescribe requirements for an application under paragraph 7 (9)(a)
or (9B)(a) of Schedule 4 RPA 2000 to have an entry removed from the record under
paragraph 7(6) or the proxy postal voters list
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
190. A person who has been appointed as another person’s proxy and who has
an arrangement to vote by post as proxy (either for a particular period or for a
particular election only ) can, under provision introduced in this Schedule (new
paragraph 7(9)(a) or (9B)(a) of Schedule 4 RPA 2000) , apply to the ERO for their
entry to be removed from the record under paragraph 7(6) or from the proxy postal
voters list (effectively cancelling their proxy postal voting arrangement) . New
paragraph 7(9C) of Schedule 4 RPA 2000 provides a power to make regulations
prescribing the requirements of such an application.
Justification for taking the power:
191. Requirements for applications for registration or absent voting
arrangements are currently set out in regulations under existing elections related
enactments. It is considered to be appropriate to provide for administrative
measures in such regulations for these new application types, which are analogous
to existing applications.

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Justification for the procedure:
192. The affirmative procedure is considered appropriate to ensure
parliamentary scrutiny of provisions which include matters relating to determination
of applications that relate to how a person can exercise their vote.
Clause 48 and Schedule 3, paragraph 10 – New paragraph 7ZA(2) of Schedule 4 RPA
2000 – power to prescribe requirements of an application under paragraph 7ZA(1)(a)
or (b)
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
193. If a person voting as proxy has an arrangement to vote by post as proxy
for parliamentary elections, local government elections, or both, for a particular
period, rather than for elections on a particular date, they may make an application
under new paragraph 7ZA (1)(a) of Schedule 4 RPA 2000 for their postal ballot
paper for a particular election to be delivered to a different address from the one
shown in the record kept under paragraph 7(6) , or under paragraph 7ZA(1)(b) to
vote instead in person at a particular election. After the particular election in
question, the person reverts to voting by post as proxy in accordance with their
entry shown in the record kept under paragraph 7(6) for subsequent elections held
during the remaining period of their proxy postal voting arrangement.
194. Paragraph 7ZA(2) requires the ERO to grant an application which meets
the prescribed requirements.
Justification for taking the power:
195. Requirements for applications for registration or absent voting
arrangements are currently set out in regulations under existing elections related
enactments. It is considered to be appropriate to provide for administrative
measures in such regulations for these new application types, which are analogous
to existing applications.
Justification for the procedure:

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196. The affirmative procedure is considered appropriate to ensure
parliamentary scrutiny of provisions which include matters relating to the
determination of applications that relate to how a person can exercise their vote.
Clause 48 and Schedule 3, paragraph 12 – New paragraph 7G of Schedule 4 RPA
2000 – power to prescribe circumstances in which an application under Schedule 4
must be refused or disregarded for the purposes of a particular election
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales) – see new paragraph 1A of Schedule 4 RPA 2000,
as inserted by paragraph 3 of Schedule 3
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
197. A number of applications may be made under Schedule 4 RPA 2000
reflecting the number of different variations of absent vote arrangement that can
be put in place – a proxy or postal voting arrangement for all types of particular
types of elections to which Schedule 4 applies; such an arrangement for a specific
election or elections on a certain date or elections during a particular period, as
well as postal votes for those who act as proxy. There is currently provision in
section 53 and Schedule 2 RPA 1983 that allows the Secretary of State (and Welsh
and Scottish Ministers in relation to devolved elections) to establish in secondary
legislation deadlines prior to the day of poll at an election after which applications
must be disregarded for the purposes of that election or refused (if the application
only relates to that election).This reflects the fact that an application received after
a certain point in the electoral timetable will not be able to be considered in time to
allow the applicant to benefit from the resulting arrangement for the purposes of
voting at that election.
198. The new power in paragraph 7G of Schedule 4 RP A 2000 is (in part) a
restatement of the existing power, albeit it also covers other scenarios arising
during the election period (as defined by new paragraph 7G(3)) on or prior to the
day of poll at a particular election. It allows for circumstances to be prescribed in
which:
a. an ERO considering an application under Schedule 4 RPA 2000 during an
election period must refuse that application; or

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b. the grant of an application under Schedule 4 RPA 2000 during an election
period must be disregarded for the purposes of the particular election to
which the election period relates.
199. One example is circumstances in which an application that relates only to
a particular election has been received prior to a statutory deadline for receipt of
applications prior to the day of poll at a particular election but the applicant’s
identity cannot be satisfactorily determined in time for the arrangement to take
effect for that election. Where the ERO is satisfied that they cannot determine an
application in time for this or other reasons, it must be clear in legislation that they
are able to refuse the application for the particular election for that reason.
200. The power in new paragraph 7G covers all applications under Schedule 4
RPA 2000, i.e. applications for postal, proxy or proxy postal voting arrangements
but also the new applications for removal of record or list entries, change of postal
ballot address or other alternative arrangements for a particular election and the
cancellation of proxy appointments. Any of these applications, if determined too
late in the electoral timetable for a particular election, can prevent an ERO from
settling absent voting lists ahead of the day of poll and therefore in turn create
difficulties for a returning officer from successfully conducting the election in
question. Where such an application cannot be determined in a timely way prior to
an election, the late determination of such an application can also have an impact
on the elector or proxy applicant’s ability to vote at that election.
201. The power is limited to particular times, relating to particular elections, and
is not a general power to prescribe circumstances where an ERO must refuse or
disregard applications.
Justification for taking the power:
202. This is an administrative measure and the government considers that is
appropriate to delegate to secondary legislation. As explained above, there are a
number of circumstances where it might be appropriate (for example) to refuse an
application for removal, or to disregard a granted, longer term application for the
purposes of a particular election. There may be other considerations that an ERO
may identify, such as risks of duplication of votes or confusion as to entitlement.
The circumstances for refusal/disregarding will likely need to be set in consultation
with the E C and electoral administrators. Once initially set, those circumstances
may need to be further adjusted and adapted in response to feedback from EROs
following their use. Therefore the government considers that the flexibility of
secondary legislation is both desirable and appropriate.
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203. The affirmative procedure is applied to this power because it is considered
to be the appropriate level of parliamentary scrutiny for a provision that will
determine when a person’s application for a particular arrangement or variation of
their arrangement will be refused or disregarded, which is expected to be of
interest to Parliament.
Clause 48 and Schedule 3, paragraph 23 – Amendment of paragraphs 1, 1A , 5ZB
and 13(1ZZA) of Schedule 2 RPA 1983 – power to make provision in connection with
certain absent voting applications under Schedule 4 RPA 2000
Power conferred on: Secretary of State (so far as relating to parliamentary elections in
Great Britain or local government elections in England), Scottish Ministers (so far as
relating to local government elections in Scotland), Welsh Ministers (so far as relating to
local government elections in Wales)
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
204. As described in paragraphs 161 to 200 above, there are a number of new
provisions relating to applications under Schedule 4 RPA 2000 relating to absent
voting arrangements. Paragraph 23 of Schedule 3 amends the existing powers in
paragraphs 1, 1A, 5ZB and 13(1ZZA) of Schedule 2 RPA 1983, which enable the
Secretary of State, and Welsh and Scottish Ministers, to make regulations about
registration and absent voting and connected offences, to expand those powers to
cover these new application types and ensure that all application types are covered
by the powers (including absent voting applications relating to Northern Ireland
under sections 6 to 9 RPA 1985) . This could cover identity and evidence
requirements as well as allowing for applications to be made via the UK digi tal
service. This in line with the existing provision in secondary legislation.
Justification for taking the power:
205. This is an expansion of an existing power to reflect that new application
types are provided for elsewhere in the Bill. In keeping with the existing split
between executive and parliamentary power, it is considered appropriate that
processes relating to applications should remain set out in secondary legislation.
Justification for the procedure:
206. Regulations made in relation to absent voting applications are currently
subject to the affirmative procedure. In keeping with that, the affirmative procedure
applies to these amended powers. Provision about application requirements and

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determinations is considered likely to engage parliamentary interest and therefore
the affirmative procedure is seen as appropriate.
Clauses 49 to 51 – Power for the Secretary of State to require specified officers to
provide information for the purpose of helping people to understand the election,
referendum or recall petition process
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:
207. Clause 49 creates a power for the Secretary of State to make regulations
to require specified officers (as defined in clause 50 as meaning returning officers
at elections listed in clause 51(1), counting officers at referendums listed in clause
51(2), petition officers in respect of recall petitions under RoMPA, and ERO s) to
provide information to either the EC, the Secretary of State, or both, about
specified elections, referendums, or recall petitions for the purpose of helping
people to understand the election, referendum or recall petition process.
208. The non-exhaustive list of the types of information which may be required
as set out at clause 49(2) includes: information on polling stations (including
location, the area served and the accessibility equipment available there);
information on statutory application deadlines for electors (including applications
to register to vote and apply for an absent vote); information on expected dispatch
and delivery dates of postal ballot packs; and factual information about candidates.
209. Clause 49(3) prevents regulations under the new power from requiring
information about or of individuals. It is envis aged that information provided by
specified officers will be made publicly available on an electronic platform that
electors would be able to use as a single source of information about elections in
their area.
Justification for taking the power:
210. The power enables regulations to be made to set out certain types of
information listed (or similar information) that will be useful to the electorate. The
power is taken to ensure that the list of information can be agile and responsive,
taking into account the needs of the electorate.
Justification for the procedure:

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211. The negative procedure is considered to be the appropriate parliamentary
procedure given the provision that can be made is limited in nature and to enable
the provision of factual information to the electorate. The power is confined to
certain information types and there is a further safeguard to ensure that this cannot
be used to require information about or of individuals to be provided.
Clause 52 and Schedule 4, paragraph 3 – New paragraph 5 of Schedule 2A RPA 1985
– Power for a Minister of the Crown to appoint an alternative polling day which is
within 7 days of the expected polling day under paragraph 3 or 4 of Schedule 2A
RPA 1985
Power conferred on: Minister of the Crown
Power exercised by: Regulations
Parliamentary Procedure: No procedure
Context and Purpose:
212. This clause will create a mechanism whereby the day of poll at certain
elections and local referendums are postponed by 14 days should the demise of
the Crown occur within a certain period in the lead up to that day of poll. This is
already provided for in the case of UK parliamentary general elections by virtue of
section 20 RPA 1985. Additionally, section 20(3A) RPA 1985 allows for a Royal
Proclamation to adjust the new polling date by plus or minus 7 days . The Bill will
make provision so that when the date of the day of poll of a UK parliamentary
general election is so adjusted, other elections and referendums for which the poll
is combined with the poll of that general election will also move to the new date.
213. However, to cover scenarios where there is no UK parliamentary general
election to trigger s ection 20 RPA 1985 and for elections and referendums that
therefore are not c ombined in this way , paragraph 5 of new Schedule 2A RPA
1985 allows for the new day of poll at such an election or referendum to similarly
be adjusted by up to 7 days in either direction by regulations.
Justification for taking the power:
214. Responsibility for exercising the s ection 20(3A) RPA 1985 power was
allocated to the Sovereign as this is consistent with the fact that a new Parliament
is called by the Sovereign exercising his or her prerogative powers. As elections
for mayors, local authorities , Police and Crime Commissioners etc. are not
associated in the same way with the royal prerogative, responsibility for the
exercise of this new power should more appropriately sit with a Minister of the
Crown. Were this power not availabl e, the automatic application of the 14-day
postponement might result in a new polling day which proves problematic for other
reasons (such as the area in which the election or referendum is to be held or the

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time of year) . As circumstances could vary according to geographical area,
regulations would also allow for different alternative dates to be provided for
different elections or referendums as specified in the statutory instrument.
Justification for the procedure:
215. It is proposed that no Parliamentary procedure should apply because the
circumstances in which the power would be exercised could in many cases be
when Parliament has already dissolved pending a general election or during the
period of time where proceedings of Parliament are adjourned or suspended as a
mark of respect at a time of national mourning.
216. It would be important for the new polling day to be set as a matter of
urgency and in order for necessary arrangements to be made there would have to
be legal certainty as to that new day. If the regulations were to be subject to
parliamentary procedure, achieving t his certainty would not be possible if due to
the circumstances outlined above both Houses w ere unable to consider the
instrument until after the alternative polling day in question, and would likely
undermine the purpose of parliamentary scrutiny in any event.
Clause 53(2) and Schedule 5, paragraphs 2, 3, 5 and 19 to 22
217. See paragraphs 151 to 154 above
Clause 53(2) and Schedule 5, paragraph 7 – New section 36(8) RPA 1983 – Provision
included in rules under section 36 RPA 1983 to be able to be included into
affirmative procedure regulations
Paragraph 9(2) – New section 201(2AA) RPA 1983 - Amendment of procedure of
existing power to prescribe the form of return and declaration under section 75(3)
RPA 1983 from a person authoris ed to incur expenses at a parliamentary election
or at a local government election in England, and existing powers in Schedule 1
RPA 1983 to prescribe certain forms for use at a parliamentary election
Paragraph 9(3) – New section 201(2D) RPA 1983 – Provision included in negative
procedure regulations to be able to be included in affirmative procedure regulations
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure/Affirmative procedure
Context and Purpose:

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218. Section 36 RPA 1983 allows for rules to be made in secondary legislation
governing conduct of local government elections in England (including elections of
the Mayor of London and the London Assembly). These rules allow for the
prescribing of forms used at these local government elections. These rules are
ordinarily subject to the negative procedure (as set out in section 36(7)). New
section 36(8) allows for provision which can be included in these rules that would
normally be subject to the negative procedure to be included in regulation s made
under the affirmative procedure.
219. Election expenses of candidates at parliamentary elections and at local
government elections in England, Wales and Scotland are regulated by Part 2 RPA
1983. This includes a requirement for expenses to be incurred only by the election
agent or a person authorised by the election agent, under section 75 RPA 1983. A
person who is authorised by the election agent must submit a return and a
declaration under section 75(3), in the prescribed form. Schedule 1 RPA 1983
contains a number of r ules requiring documents or declarations used at or in
relation to UK parliamentary elections to be in a prescribed form.
220. There are powers in section 75(3) and Schedule 1 RPA 1983 to make
regulations prescribing the forms, and new section 201(2AA) RPA 1983 provides
that these existing powers are exercisable by regulations subject to the negative
procedure. Additionally, new section 201(2D) RPA 1983 provides that any
provisions which can be included in regulations subject to the negative procedure
can be included in regulations subject to the affirmative procedure
Justification for taking the power:
221. As stated above, all of these new provisions relate to existing secondary
legislation making powers that have already been delegated to the executive.
Justification for the procedure:
222. In respect of the existing powers to prescribe the form of certain
documents, the negative procedure is considered to be the most appropriate. This
is because of the administrative nature of the forms, which essentially replicate the
requirements that are set out in the substantive election conduct rules. Further, the
negative procedure is considered more appropriate for instruments containing
these forms, to appropriately reduce the burden on available parliamentary time
for scrutiny of secondary legislation.
223. Additionally, the ability under new sections 36(8) and 201(2D) RPA 1983
to include otherwise negative procedure in affirmative procedure instruments will
ensure that unnecessary additional instruments are not required to be made and
scrutinised by both Houses in circumstances where (for example) both the
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need to be altered at the same time. It will also allow for greater combination and
rationalisation of the multiple versions of the same forms used at different elections
and referendums, which should in turn reduce the complexity and volume of
electoral law.
Clause 53(2) and Schedule 5, paragraph 8(2)(c) – New section 82(2A)(d) RPA 1983 -
Power to prescribe the form of a candidate’s election agent’s declaration relating to
parliamentary elections and certain local government elections in England
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:
224. Election expenses of candidates at parliamentary elections and local
government elections are regulated by Part 2 RPA 1983. As part of that system of
regulation, all expenses (unless excepted from the regime) are required to be
authorised by the agent or person authorised by the elections agent for a candidate
(if a candidate has not appointed an agent, they will be their own agent by default).
225. New s ection 82(2A)(d) RPA 1983 requires a candidate to make a
declaration as to certain matters about their identity and in relation to the return,
and that is in the form prescribed in regulations. This is in place of the form currently
set out in Schedule 3 RPA 1983. By virtue of new section 201(2AA) RPA 1983,
regulations under new section 82(2A)(d) RPA 1983 are subject to the negative
procedure.
Justification for taking the power:
226. The form of declaration in Schedule 3 RPA 1983 is administrative in nature,
and it is considered appropriate that the executive should be able to make
amendments to the declaration without the need for an Act of Parliament. Further,
it is considered more appropriate for the prescribed form itself to be contained in
secondary legislation, as is currently the case for many other forms relating to
elections and referendums, rather than being set out in Schedule 3 RPA 1983.
Justification for the procedure:
227. The administrative nature of this form is such that it is considered
appropriate for the negative procedure to apply.

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Clause 53(2) and Schedule 5, paragraph 10(2) and (9) – Rules 3 and 51 of Schedule
1 RPA 1983 – Power to prescribe the form of writ, the text for receipt of the writ and
the certificate on the writ for parliamentary elections
Power conferred on: His Majesty in Council
Power exercised by: Order in Council
Parliamentary Procedure: Negative procedure
Context and Purpose:
228. The form of writ, and the label and direction of writ for a parliamentary
election are currently set out in the Appendix to Schedule 1 RPA 1983. The issue
of the writs determines the starting point for the parliamentary elections timetable
under rule 1 of Schedule 1 RPA 1983. Paragraph 10(2) and (9) of Schedule 5
provide for the form of the writ, together with the label and direction of the writ to
be specified instead by Order in Council.
Justification for taking the power:
229. It is considered that requiring an Act of Parliament to change the writs,
which are an administrative document, is disproportionate and that any
amendments to the writs are appropriate for amendment by His Majesty in Council.
It is considered that provision prescribing the form of the writ and its label and
direction is similar in nature to provision relating to the conveyance and other
requirements of the procedure relating to the writ, which are already contained in
an Order in Council.
Justification for the procedure:
230. The negative procedure is proposed because these documents are
administrative in nature and this is considered the appropriate balance between
parliamentary scrutiny and the efficient use of Parliament’s time. Additionally, there
is an existing power for procedural matters relating to the writ and its service to be
set out in an Order in Council which is subject to the negative procedure (see rule
3(7) of Schedule 1 RPA 1983). It is considered that the same procedure is
appropriate for provision prescribing the form of the writ.
Clause 53(2) and Schedule 5, paragraph 10(3) and (5) to (8) – Powers to prescribe
certain forms for use at a parliamentary election
Power conferred on: Secretary of State
Power exercised by: Regulations

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Parliamentary Procedure: Negative procedure/affirmative procedure (ballot paper)
Context and Purpose:
231. Schedule 1 RPA 1983, which sets out the rules for conduct of parliamentary
elections, includes a number of forms for which the prescribed form is set out in
the Appendix to the Schedule. These forms are the candidate nomination form,
declaration by a companion of a person with disabilities, the ballot paper and the
guidance to voters which is displayed in polling stations.
232. These forms reflect the substantive requirements in the rules in Schedule
1 RPA 1983 to which the forms relate – for example the candidate nomination form
reflects the requirements of rule 6 of Schedule 1 – and the forms are provided to
ensure consistency between constituencies. These forms include guidance notes
and other administrative points to assist the user. The ballot paper and the
guidance to voters, which are also covered by this clause, must also reflect the
requirements and processes for voting s et out in Schedule 1. The guidance to
voters sets out clearly the requirement to show identification, and how to mark the
ballot paper, in line with the requirements of Schedule 1.
233. The amendments made by paragraph 10(3) and (5) to (8) of Schedule 5
provide for these forms to be in a format prescribed by secondary legislation.
Clause 53(1) also repeals the existing Appendix to Schedule 1 RPA 1983. By virtue
of new section 201(2AA) RPA 1983, regulations under these new power s to
prescribe are subject to the negative procedure. The exception is the power to
prescribe the ballot paper, which is subject to the affirmative procedure.
234. Additionally, rule 8 of Schedule 1 RPA 1983 requires a candidate to provide
a form containing their consent to nomination, which must comply with certain
requirements under that rule. Amendments made to rule 8(2) require that consent
to nomination to be in prescribed form. By virtue of new section 201(2AA) RPA
1983, regulations under rule 8(2) are subject to the negative procedure.
Justification for taking the power:
235. The forms that are currently set out in the Appendix to Schedule 1 RPA
1983 are administrative in nature. They are derived from set requirements in
Schedule 1 but may contain additional explanatory material to enable those using
the forms to understand the purpose of those forms and the meaning of terms
within them. As Parliament has already determined the main requirements of the
forms, however, it is considered appropriate that the executive should be able to
make provision setting out the forms, allowing for quicker amendments to the forms
if, for example, requirements change for the type of identification documents to be
used in a polling station, or to identify a candidate, or if it becomes clear that further
explanation should be added to a form.

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236. Further, it is considered more appropriate for these prescribed forms to be
contained in secondary legislation, as is currently the case for many other forms
relating to elections and referendums, rather than being set out in the Appendix to
Schedule 1 RPA 1983.
Justification for the procedure:
237. It is considered that, given the administrative nature of the prescribing of
forms, the negative procedure is the appropriate procedure as it balances
parliamentary scrutiny against the efficient use of parliament’s time. This also
enables provision about these forms to be consolidated and rationali sed together
with equivalent forms from other types of election and referendums into one type
of instrument rather than both negative and affirmative procedure instruments.
238. It is also considered appropriate, however, to apply the affirmative
procedure to the power to prescribe the form of ballot paper, as it is expected that
there would be a high degree of parliamentary interest in the ballot paper given its
importance in the overall electoral process.
Clause 53(2) and Schedule 5, paragraphs 13 and 14 – Power to prescribe the form
of the proxy paper for proxies appointed for the purposes of parliamentary elections
in Northern Ireland
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:
239. Sections 5 to 9 RPA 1985 set out the requirements relating to absent votes
in Northern Ireland. These sections previously applied to the UK but have been
replaced for Great Britain by Schedule 4 RPA 2000. Included in those sections are
provisions about the appointment of proxies and the requirements for that
appointment. CEONI is required to send out an appointment to a proxy in the form
of a proxy paper, which must be in the form prescribed in regulations.
240. These paragraphs insert an express power representing a restatement of
a power to prescribe the proxy paper, which is currently contained in section 53
and Schedule 2 RPA 1983. As part of the policy to consolidate the forms used at
elections into a single instrument, where possible, the power is subject to the
negative procedure, in line with other measures in this Bill relating to forms at UK
parliamentary elections.
Justification for taking the power:

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241. Parliament has already delegated to the executive the power to make
secondary legislation concerning the procedures and administrative processes
relating to registration and absent voting, under Schedule 2 RPA 1983. Prescribing
a form for the CEO NI to use is to ensure consistency in how proxy appointments
are described. The content of the form will need to be consistent with the
requirements in the RPA 1985.
Justification for the procedure:
242. It is consider ed that, given the administrative nature of the prescribing of
forms, the negative procedure is the appropriate procedure as it balances
parliamentary scrutiny against the efficient use of parliament’s time. This also
enables provision about forms to be consolidated into one type of instrument rather
than both negative and affirmative procedure instruments.
Clause 53(2) and Schedule 5, paragraphs 15, 17, 18, 23 and 26 to 28 – Amendment
of procedure of existing powers to prescribe forms for use at police and crime
commissioner elections in England and Wales and certain local government
elections and referendums in England
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure/Affirmative procedure (ballot paper)
Context and Purpose:
243. There are existing powers under a number of different Acts by which the
conduct rules for local referendums in England and for elections of mayors of local
authorities in England, police and crime commissioners and mayors of combined
and combined county authorities are set out in secondary legislation. These
powers include the power to prescribe forms for use at those elections and
referendums.
244. For each of these existing powers, the relevant amendment made by this
Schedule: (1) provides that secondary legislation which only specifies the form of
a document other than the form of a ballot paper is subject to the negative
procedure (with the ballot paper remaining subject to the affirmative procedure),
and (2) provides that provision which could otherwise be included in a negative
procedure instrument can be included in an affirmative procedure instrument.
Justification for taking the power:
245. The powers to prescribe these forms already exist. Parliament has already
considered it appropriate to delegate responsibility for setting out the processes

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for the conduct of these elections and referendums in secondary legislation, and
included within that is the power to prescribe forms for us e at those elections or
referendums.
Justification for the procedure:
246. The forms concerned are those for which detailed requirements about the
contents are set out in secondary legislation that is subject to the affirmative
procedure. The form must comply with those requirements and in this context, it is
considered that the negative procedure is the appropriate degree of parliamentary
oversight for the administrative matters relating to structure, layout and additional
explanatory content within a form. The exception to this is provision prescribing the
form of ballot paper for use at such an election or referendum, which remains
subject to the affirmative procedure as it is considered that parliament may wish to
apply particular scrutiny to the document that is provided to voters to enable them
to vote
247. Additionally, the ability to include otherwise negative procedure in
affirmative procedure instruments will ensure that unnecessary additional
instruments are not required to be made and scrutini sed by both Houses in
circumstances where (for example) both the substantive requirements of a form
and the resulting prescribed format of that form need to be altered at the same
time. It will also allow for greater combination and rationali sation of the multiple
versions of the same forms used at different elections and referendums, which
should in turn reduce the complexity and volume of electoral law.
Clause 53(2) and Schedule 5 , paragraph 2 5 – new paragraph 1A (5) of Schedule 4
RPA 2000 - Amendment of procedure for power to prescribe the form of the proxy
paper for proxies appointed for the purposes of parliamentary elections in England
and Wales and Scotland and for local government elections in England
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:
248. Paragraph 6(9) of Schedule 4 RPA 2000 sets out that appointment of a
proxy for the purpose of voting at a parliamentary election held in Great Britain or
at a local government election in England, Wales or Scotland is to be made by
means of a proxy paper issued by the relevant ERO . That provision already
contains a power for that to be prescribed in regulations.

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249. As with the other measures relating to forms to be used as part of the
registration and electoral processes, the purpose of the provision is to enable
consolidation of provision relating to forms into one instrument.
Justification for taking the power:
250. This is an existing delegated power, and Parliament has already
considered it appropriate to delegate to the executive the power to prescribe the
precise form of appointment of a proxy, within the limits set by the requirements
on proxy appointments set out in the primary legislation ( Schedule 4 RPA 2000).
The provision changes the parliamentary procedure attached to making the
instrument, it does not grant a new power.
Justification for the procedure:
251. The negative procedure is considered appropriate for this power because
the requirements for the actual appointment of the proxy are set out in the primary
legislation. Prescribed forms must be consistent with the primary legislation and it
is not considered that the affirmative procedure would constitute a good use of
parliamentary time.
Powers in Part 4 – Campaigns and Political Expenditure
Clause 56(1) and Schedule 7, paragraph 1(2) – New section 46(3A) ELA(NI) 1962 –
power to prescribe form of return for election expenses
Paragraph 2(2) – Amendment of power at section 81(10A) RPA 1983 to prescribe
form of return for election expenses
Paragraph 3(2) – Amendment of power at paragraph 1(4) of Schedule 5 RoMPA to
prescribe form of recall petition return
Power conferred on: Electoral Commission
Power exercised by: Regulations
Parliamentary Procedure: No procedure (not a statutory instrument)
Context and Purpose:
252. The EC is given powers under this Bill to enforce political finance offences
under ELA(NI) 1962, RPA 1983 and RoMPA. As part of these measures, the E C
will receive returns and statements as to expenditure and donations relating to
elections and recall petitions.
253. These paragraphs adjust (in the case of RPA 1983) an existing power, and
give a new power to the EC (in the case of ELA(NI) 1962), to prescribe the form of

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returns that may or must be used for returns as to election expenses. The existing
power under section 81(10A) RPA 1983 allows the EC to prescribe a form of return
that may be used, and the power is extended to enable them to require a form to
be used. A similar power is given to the EC in respect of local elections in Northern
Ireland to be consistent across the UK. The existing power under paragraph 1(4)
of Schedule 5 RoMPA for the EC to prescribe a form of recall petition return is also
extended in the same manner as for section 81(10A) RPA 1983.
Justification for taking the power:
254. The expansion of the power in RPA 1983 and its replication is considered
appropriate as the EC will become responsible for enforcement of candidate
finance offences, including in relation to expenses. It is considered that the EC is
in that context best placed to prescribe the requirements of the return.
255. Parliament has already considered it appropriate to delegate to the EC a
power to prescribe returns in respect of candidate returns for UK parliamentary
and local elections in Great Britain, and the power is extended to Northern Ireland
local elections for consistency.
256. Parliament has already considered it appropriate to delegate to the EC a
power to prescribe recall petition returns under Schedule 5 RoMPA.
Justification for the procedure:
257. Regulations made by the E C, as it is a regulator, are not subject to
parliamentary procedure. Therefore it is considered that the existing approach to
EC-made regulations is appropriate.
Clause 57 – amendment of paragraphs 3(1)(a)(iv) and 4(2)(f) and (3)(f) of Schedule 5
RoMPA – Transfer of power to require additional information in statement forming
part of recall petition return from the Minister to the Electoral Commission
Power conferred on: Electoral Commission
Power exercised by: Regulations
Parliamentary Procedure: No procedure (not a statutory instrument)
Context and Purpose:
258. The EC is given powers under this Bill to enforce political finance offences
under RoMPA. As part of these measures, the EC will receive returns and
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259. These paragraphs therefore transfer from the Secretary of State to the EC
the power to require additional information in returns.
Justification for taking the power:
260. This is not a new power, it is an existing power of the Secretary of
Statement to make provision in regulations, which is transferred to the EC as that
body will be supervising the political finance regime in respect of recall petitions.
The EC will be best placed to set out the information that it needs to understand
whether the rules have been complied with, and it is therefore considered
appropriate to transfer the existing power to the EC.
Justification for the procedure:
261. Regulations made by the EC, as it is a regulator, are not subject to
parliamentary procedure. Therefore it is considered that the existing approach to
EC-made regulations is appropriate.
Clause 58(3) – new section 54 C(3) PPERA 2000 – power to amend the risk
assessment factors set out in section 54C(2) PPERA 2000
Clause 58(10) and Schedule 8, paragraph 10 – new section 71HZB(3) PPERA 2000 –
power to amend the risk assessment factors set out in section 71HZB(2) PPERA
2000
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
262. The clause introduces a list of risk factors to be taken into account by
registered parties when carrying out an assessment of the risk that a donation,
over a specified threshold, would be made by a person other than a permissible
donor, or that a person who is either another party to a regulated transaction or a
party connected transaction is not an authorised participant.
Justification for taking the power:
263. The powers enable the lists of factors to be amended to allow for any new
factors to be included or existing factors to be amended. The power s are only to
be exercisable to give effect to a recommendation of the EC or after consultation
with the EC. It is appropriate to be able to amend the list s of factors in a timely
fashion where new risks are identified. These are Henry VIII powers.

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Justification for the procedure:
264. In recognition of the importance of the control of donations to registered
parties, the potential impact on elections of donations, and that this is a power to
amend primary legislation, the Government considers that the affirmative
procedure will ensure the appropriate degree of parliamentary scrutiny.
Clause 58(3) – new section 54D PPERA 2000 – power for Electoral Commission to
prepare risk assessment guidance
New section 54D(10)(c) PPERA 2000 – Power to appoint day on which guidance
comes into force
Power conferred on: Electoral Commission/Secretary of State
Power exercised by: Guidance/Regulations
Parliamentary Procedure: Guidance will be laid under an equivalent of the negative
procedure, but coming into force will be by regulations with no parliamentary procedure.
This procedure is consistent with the procedure for other guidance prepared and published
by the EC, for example section 100B PPERA 2000.
Context and Purpose:
265. Clause 58(3) inserts new section 54D PPERA 2000 which provides for the
preparation and issuing of guidance on how to undertake a risk assessment. It
includes a non-exhaustive list of subjects that must be included in the guidance.
The guidance is prepared and issued by the EC, but subject to approval and
modification by the Secretary of State and then laid before Parliament for 40 days.
Once issued, it will be brought into force by regulations made by the Secretary of
State (subsection ( 10)(c)). The guidance may be revised by the EC on its own
initiative or if directed to do so by the Secretary of State (subsection ( 3)). Any
revisions would be subject to the same procedure, except where revision does not
change the substance of the guidance (see new section 54D(13) PPERA 2000).
Justification for taking the power:
266. The creation of a new scheme will require a level of detailed supporting
guidance to supplement the legislation. The principles and main policy intent are
provided for within the Bill. This approach is not uncommon within electoral law
and replicates the approach taken in section 100B PPERA 2000 in respect of third-
party controlled expenditure.
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267. Although the guidance is not made by statutory instrument, an equivalent
of the negative resolution procedure applies so that either House of Parliament
may resolve not to approve the draft guidance. Whilst guidance does not routinely
require parliamentary scrutiny, in light of the subject matter and fact that the EC is
accountable to the Speakers’ Committee, the Government considers that it is
appropriate in this case. The guidance will subsequently be issued by the
Secretary of State and come into force on a day appointed by regulations.
268. As the guidance is already subject to a parliamentary procedure, the
Government does not consider it necessary to have a further parliamentary
procedure for the regulations under subsection (10)(c) of new section 54D PPERA
2000 that bring it into force. This is consistent with other commencement orders
and also the procedure for other codes of practice prepared by the EC, for example
the code of practice in respect of third-party controlled expenditure (see above) .
The approval part of the procedure will not be apply for non-substantive changes,
for example typographical errors.
Clause 58(10) and Schedule 8 , paragraph 5(b) – new paragraph 11(4A)(d) of
Schedule 7 PPERA 2000 – power for the Electoral Commission to require additional
information in a donation report where the donation was refused as a result of the
new requirements for a risk assessment
Clause 58(10) and Schedule 8, paragraph 35(b) – new paragraph 11( 3A)(d) of
Schedule 11 PPERA 2000 – power for the Electoral Commission to require
additional information in a donation report where the donation was refused as a
result of the new requirements for a risk assessment
Clause 58(10) and Schedule 8 , paragraph 36(b)(iii) – new paragraph 5(4)(f) of
Schedule 11A PPERA 2000 – power for the Electoral Commission to require
additional information in a quarterly or weekly donation report where the donation
was refused as a result of the new requirements for a risk assessment
Clause 58(10) and Schedule 8, paragraph 42(b) – new paragraph 11( 3A)(d) of
Schedule 15 PPERA 2000 – power for the Electoral Commission to require
additional information in a donation report where the donation was refused as a
result of the new requirements for a risk assessment
Clause 58(10) and Schedule 8, paragraph 47(b) – new paragraph 12(3A)(d) of
Schedule 2A RPA 1983 – power for the Electoral Commission to require additional
information in a donation report where the donation was refused as a result of the
new requirements for a risk assessment
Power conferred on: Electoral Commission
Power exercised by: Regulations

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Parliamentary Procedure: N/A. Regulations made by the Commission are exercisable in
writing and subject to the requirements in paragraph 22 of Schedule 1 PPERA 2000
Context and Purpose:
269. When a regulated done e is required to refuse a donation under the new
provisions relating to risk assessment, they must include this in a report to the EC.
The report must include a number of matters including name and address of the
donor, amount of the donation, and date the donation was received, as well as any
other information required by regulations made by the EC.
Justification for taking the power:
270. The EC is responsible for regulating political finance matters, and as a
consequence the EC is well placed to establish, when it enforces these new
provisions, whether additional information should be included in these reports.
Reporting requirements are administrative matters so it is considered appropriate
that their contents, beyond the core requirements set out in the primary legislation,
should be dealt with by delegated legislation.
Justification for the procedure:
271. Regulations made by the EC are not subject to parliamentary procedure.
This lack of procedure is consistent with existing provisions, for example paragraph
11(3)(d) of Schedule 11 PPERA 2000.
Clause 58(10) and Schedule 8, paragraph 44 – new paragraph 6(1D) of Schedule 2A
RPA 1983 – power to vary threshold sums in paragraph 6(1A) and (1B) of Schedule
2A RPA 1983 for risk assessments relating to donations
Clause 58(10) and Schedule 8, paragraph 51 – new paragraph 8(1)(aa) of Schedule
4 RoMPA – power to alter financial limits for risk assessments relating to donations
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: negative procedure (RPA 1983)/ affirmative/no procedure
(RoMPA)
Context and Purpose:
272. There are t wo powers that permit the increase in the threshold for
donations which trigger the requirement to carry out a risk assessment.
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273. These powers are equivalent to other powers within electoral legislation
where there are monetary thresholds involved. This power is needed to ensure
that the thresholds for donations that trigger the requirement to carry out a risk
assessment can be uplifted to keep pace with inflation. The power in paragraph
6(1D) of Schedule 2A RPA 1983 can also be exercised on the recommendation of
the EC.
274. The reason why these powers are necessary is to ensure that the
thresholds continue to be proportionate and do not discourage participation of
campaigners and donors in democracy. This is to ensure that campaigners can
actively engage in the democratic process and their ability to do so is not impacted
by the falling value of money. In addition, it may be considered desirable to be able
to uplift thresholds across electoral legislation (RPA 83, RoMPA and also PPERA
2000) at the same time to maintain consistency. These are Henry VIII powers.
Justification for the procedure:
275. The procedures vary because these powers are being inserted into
different legislation and the existing powers of this nature are subject to different
procedure. It was the government’s view that given the limited circumstances
under which these powers can be exercised, the negative procedure under RPA
1983 was justified. However, the government has chosen not to depart from the
current procedure in the RoMPA, i.e. where the sums may be substituted for any
reason the procedure is affirmative (as well as a r equirement to consult the
Commission) and no procedure where the Minister considers that the substitution
is expedient in consequence of changes in the value of money.
Clause 58(10) and Schedule 8 , paragraph 59 (b) – new paragraph 4(3A)(f) of
Schedule 5 RoMPA – power for the EC to require additional information in a risk
assessment statement under paragraph 4(1)(c) of Schedule 5 RoMPA
Power conferred on: Electoral Commission
Power exercised by: Regulations
Parliamentary Procedure: no procedure (not a statutory instrument)
Context and Purpose:
276. A petition return must include a statement about donations which includes
donations returned by the accredited campaigner. Paragraph 4 of Schedule 5
RoMPA specifies what information must be included in the statement for returned
donations. This includes such details as the amount of the donation, the date the
donation was returned, and information about the donor. Paragraph 4(3A) mea ns
that the same information is also to be required where donations are returned due
to a risk assessment (where required) not being undertaken. The Minister is given

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the power to make regulations requiring that other information is included.
Paragraph 4 was modelled on paragraph 12 of Schedule 2A RPA 1983 which
confer the equivalent power on the EC to make regulations in relation to the
information which must be included in a statement of donations on an election
expenses return.
Justification for taking the power:
277. This is an extension of an existing power to ensure that the recall petition
return includes all the information that is needed to fulfil the objective that the
sources of funding for donations to accredited campaigners at recall petitions are
transparent. The power is conferred on the EC because the EC will now have
responsibility in relation to enforcement of expenses and donations offences in
relation to recall petitions.
Justification for the procedure:
278. Regulations made by the EC are not subject to parliamentary procedure.
This lack of procedure is consistent with existing provisions, for example
paragraph 11(3)(d) of Schedule 11 PPERA 2000.
Clause 60(3) – new section 54G PPERA 2000 – power for the Secretary of State to
make amendments to the significant control test in sections 54E and 54F PPERA
2000 in consequence of secondary legislation made under the Limited Liabilities
Partnerships Act 2000 or the Companies Act 2006
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
279. Amendments made by clause 60 to PPERA 2000 introduce new
permissibility requirements for a registered political party to be satisfied of before
accepting a donation received by a company or limited liability partnership (“LLP”).
New section 54(2)(b)(iv) and (2)(f)(iii), together with sections 54E and 54F, PPERA
2000 requires the registered party to be satisfied that the company or LLP either
has no persons of significant control (‘PSC’), or only has PSCs (or that a majority
of shares or voting rights are controlled by only PSCs) who are individuals with a
suitable connection to the UK .
280. New section 54G PPERA 2000 allows for amendments to be made in
relation to this “significant control test” by secondary legislation where it is
necessary or appropriate to do so as a consequence of amendments made to
relevant provisions in or under the Limited Liability Partnerships Act 2000 or

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Companies Act 2006 that relate to the regulation of PSCs. It is therefore a Henry
VIII power.
Justification for taking the power:
281. The significant control test, particularly sections 54E and 54F PPERA 2000,
operate by direct reference to provisions made in or under the Limited Liability
Partnerships Act 2000 or Companies Act 2006 which can be amended by
secondary legislation. Without the ability to also adjust the significant control test
provisions by secondary legislation, there is a real risk that the significant control
test could cease to operate properly or at all if those provisions made in or under
the Limited Liability Partner ships Act 2000 or Companies Act 2006 are
subsequently amended.
282. Given that this is a Henry VIII power, the new power in section 54G PPERA
2000 has been specifically limited to allow provision to be made only where the
Secretary of State considers that it is necessary to do so in consequence of
provision made under specified powers.
Justification for the procedure:
283. The regulations are subject to the affirmative procedure. This is believed to
be the appropriate level of scrutiny as the regulations are likely to be of interest to
Parliament given the importance of the permissibility requirements and the nature
of the power.
Clause 60(4) – new section 54H(7) PPERA 2000 – power for the Secretary of State
to make provision ignoring specified types of revenue for the purpose of
determining revenue for the purposes of section 54H PPERA 2000
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
284. Amendments made by clause 60 to PPERA 2000 introduce new
permissibility requirements for a registered political party to be satisfied of before
accepting a donation received by a company or LLP . New section 54(3ZA)(a)
PPERA 2000 requires the registered party to be satisfied that the company or LLP
has sufficient remaining available revenue, calculated in accordance with new 54H
PPERA 2000, to meet the value of the donation.

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285. New section 54H(5) PPERA 2000 defines “revenue” for the purposes of the
calculations contained in that new section. It is a broad definition based on turnover
and other amounts that, in accordance with generally accepted accounting
practice, are recognised as revenue.
Justification for taking the power:
286. The new power in section 54H( 7) PPERA 2000 allows the Secretary of
State to specify descriptions of revenue that would otherwise fall within the
meaning of “revenue” in section 54H (5) PPERA 2000 to be ignored for the
purposes of determining a company’s or LLP’s revenue under section 54H. The
calculation of remaining available revenue under new section 54H PPERA 2000 is
an integral part of the safeguards introduced by this clause to ensure that only
those companies with a demonstrable connection to the UK and sufficient revenue
to meet the value of donations are able to donate to registered political parties.
287. The definition of “revenue” is recognised as currently suitable for these
purposes. However, accounting practices are likely to change over time, and it may
become apparent that certain forms of company/LLP income should not be classed
as “revenue” for the purposes of the calculation underpinning the new permissibility
requirements. These forms of income may be identified by the EC in their role of
ensuring political donation requirements are met, and the power will ensure that
otherwise inappropriate forms of “revenue” are not counted for these purposes.
One such area in respect of parent undertakings is likely to be revenue arising from
intra-group transactions that would otherwise fall to be treated as revenue in
accordance with new section 54H(3) PPERA 2000.
Justification for the procedure:
288. The regulations are subject to the affirmative procedure. This is believed to
be the appropriate level of scrutiny as the regulations are likely to be of interest to
Parliament given the importance of the permissibility requirements.
Clause 62 and Schedule 9 , paragraph 21 - new 62(2)(e) of the Electoral
Administration Act 2006 - power to extend the loans regime to unincorporated
associations.
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure
Context and Purpose:

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289. This clause enables the power to extend the loans regime to gifts
connected with political contributions as provided for in paragraph 1 of Schedule
19A PPERA 2000 . The provision made by an order must correspond to or be
similar to the provision made in the loans regime (in Part 4A of, and Schedule 7A
PPERA 2000). The provision must be made in relation to a relevant matter, which
is a loan, credit facility or security which benefits a regulated campaigner.
Justification for taking the power:
290. This is an existing power which is extended to enable provision to be made
in respect of a new category of political actor, namely the unincorporated
association. The existing power is taken because it enables the executive to make
provision that closely resembles the provision of primary legislation but enables
amendments to be made to reflect differences in the structures and contexts of
those regulated.
Justification for the procedure:
291. This is an existing power and remains subject to the negative procedure. It
is a power that is to be exercised within tight limitations and to apply provision that
is similar to the existing regime set out in primary legislation. It is considered that
it is appropriate to maintain the existing procedure.
Powers in Part 5 – Enforcement and the Electoral Commission
Clause 66(3) – new paragraph 17A of Schedule 19C PPERA 2000 – amendment of
power to prescribe criminal offences for the purposes of the exercise of the civil
sanction powers of the Electoral Commission under Schedule 19C PPERA 2000 to
allow offences in other legislation to be prescribed
Clause 66(4) and Schedule 11, paragraph 9(2) and (4) - extension of power to make
a supplemental order to include a power prescribe offences and restrictions and
requirements for which persons listed in the new subsections can be sanctioned
for a breach committed by someone else.
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and purpose
292. The EC is the body responsible for enforcing political finance offences
under PPERA 2000. Since 2010, the EC has been able to impose civil sanctions
for certain PPERA 2000 offences committed by parties, third-party campaigners
and permitted participants in referendums. However, offences committed by

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candidates and those incurring expenses to support candidates under the RPA
1983 and the ELA(NI) 1962 and recall petition campaigners under RoMPA can
currently only be investigated by the police and referred for criminal prosecution.
293. Part 5 of the Bill extends the EC’s enforcement role and civil sanctioning
powers to also include certain types of offences under ELA(NI) 1962, RPA 1983
and RoMPA (see clause 66(3)).
294. In line with existing vicarious liability of registered parties and other
regulated campaigners, the new categories of regulated campaigners will be able
to be sanctioned for offences or breaches of restrictions and requirements by their
responsible person or, in the case of candidates, their agent. Paragraph 9(2)(a)
and (b) and (4)(a) and (b) of Schedule 11 to the Bill as they introduce new sub-
paragraphs (2A), (4B) and (4C) into paragraphs 1 and 5 of Schedule 19C, replicate
the existing vicarious liability provisions for accounting units of registered political
parties, accredited recall campaigners and electoral candidates , in cases where
certain offences, restrictions and requirements are prescribed in an order made
under (the existing)
paragraph 16 of Schedule 19C PPERA 2000.
295. Paragraph 9(2)(b) and (4)(b) of Schedule 11 as they introduce new sub-
paragraph (4A) into each of paragraphs 1 and 5 of Schedule 19C PPERA 2000,
enable provision to be made to bring the “responsible person” appointed under
Schedule 7 or Schedule 7A PPERA 2000 within the EC’s sanctions remit, which is
needed because of the removal of criminal liability on that person as a result of the
amendments in paragraph 16 of Schedule 10.
Justification for taking power:
296. The powers to prescribe certain offences under legislation other than
PPERA 2000 is added by clause 66(3). This expands the existing power to make
supplemental provision under paragraph 16 of Schedule 19C PPERA 2000 , by
introducing new paragraph 17A. That paragraph defines which new offences can
be “prescribed” in a supplementary order under paragraph 16.
297. Taking these power is necessary in order to bring these new offences ,
restrictions and requirements within the EC ’s remit and to ensure that provision
can be made to ensure that both the responsible person and the regulated
campaigner that appointed that person can be sanctioned for a breach or offence.
Justification for procedure:
298. The powers, as they are an expansion of existing powers, will follow the
same procedure as the existing power . The affirmative procedure will apply to
regulations made to prescribe offences under this legislation by virtue of the same
provision (section 156(4A) PPERA 2000) that already applies. This is currently
considered an appropriate level of parliamentary scrutiny for the prescription of
offences within the EC’s remit.

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Clause 68 – new paragraph 16A of Schedule 19C PPERA 2000 – power for the
Secretary of State to make provision in relation to Electoral Commission’s civil
enforcement regime, where the provision could be made by the Welsh or Scottish
Ministers
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative / Affirmative procedure depending upon the content
of regulations
Context and purpose
299. Under Schedule 19C PPERA 2000, there are powers to, among other
things: prescribe offences, restrictions and requirements as being within the EC’s
civil sanctioning powers; to prescribe the maximum amount of penalty that can be
imposed; require late payment penalties; and other matter s supplementing the
provision already included in Schedule 19C.
300. The existing powers have been exercised to make the Political Parties,
Elections and Referendums (Civil Sanctions) Order 2010 (“the 2010 Order”) , and
two amendments to that order in 2014. However, since the devolution of certain
electoral matters to the devolved governments in Scotland and Wales (but not
Northern Ireland) between 2016 to 2018, the regulation making powers have been
devolved. This means that the current powers do not allow the Secretary of State
to create a consistent enforcement regime, even if that is wanted by the Scottish
and Welsh as well as UK governments. The power in clause 68 therefore gives the
Secretary of State the ability to make provision that could be made by the Welsh
or Scottish Ministers.
Justification for taking the power
301. The rules governing political finance are complex and because of
overlapping “regulated periods” (also known as “relevant periods”), it is possible
that a person might think that they are only subject to devolved political finance
rules, and devolved penalties, and then when a parliamentary election is called,
find themselves subject to the combined rules instead. This means that having a
uniform system, so far as possible, is desirable.
302. Therefore a power is being taken in this clause so that the S ecretary of
State could exercise existing powers of the devolved governments on their behalf,
to ensure a single set of amendments to the regime, ensuring that the same
maximum penalties will apply regardless of the timing of an offence, and ensuring
that all offences and breaches are subject to the same investigatory requirements.
There is a requirement to obtain consent from the devolved governments before
the Secretary of State exercises the powers . This is to ensure that approval is

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formally obtained by the Welsh and Scottish governments before the UK
government exercises the power to make provision that relates to devolved
matters.
Justification for the procedure
303. The powers will be subject to the same parliamentary procedure as the
existing powers under Schedule 19C PPERA 2000 . This is that the affirmative
procedure applies to any order which prescribes offences, restrictions or
requirements as being within the EC’s regime, or to any order that prescribes the
maximum fixed penalty that can be imposed. Otherwise, the order is subject to the
negative procedure. This is in line with the existing provision. The rationale for the
negative procedure for any other provision is that the power to make provision
“supplementing” any provision in Schedule 19C is necessarily limited to provision
that is related to that which has been substantially debated by Parliament. In
practice, the 2010 Order and the two amending orders in 2014 have all been
subject to the affirmative procedure.
Clause 69(2) – New section 148B(4) PPERA 2000 - Power to add to the list in new
Schedule 19D PPERA 2000 of regulators and enforcement bodies with whom the
Electoral Commission can share information (and to amend an entry that has been
added to the list)
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and purpose
304. The EC may, during the course of an investigation into a potential electoral
offence, or even in the ordinary course of its regulation of the supervised parties
and individuals within its remit, come across information that would be useful to
other regulators in the exercise of their functions.
305. Clause 69 inserts new section 148B PPERA 2000 which confirms that the
EC may share information with certain bodies that are listed in that clause. In order
to ensure that the EC is able to share information with relevant regulators in
response to changing circumstances, there is a power to add bodies to the list.
306. The power does not allow for removal of any regulator in the list, except
where the body or office no longer exists; additionally, amendments can be made
where the functions or name of the body or office changes.
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307. The regulators and enforcement bodies listed in the clause are those which
the EC has identified as being those with whom it is likely to need to share
information. However there may be circumstances where it becomes clear that
another regulatory body needs to be added – for example if an existing body is
replaced with a new body, whether in devolved legislation or in a further Act of
Parliament. To ensure that information can be shared without delay, a power to
add to the list by secondary legislation is t aken. This is considered to be
proportionate because Parliament will have approved the principle that the EC
should be able to share information with other bodies where that is to assist the
other body to carry out their regulatory functions.
308. The power cannot be used to remove any of the bodies that Parliament has
opted – by approving the clause – to be included in the list. It can only be used to
add to the list. This is to ensure that the EC’s powers to share information cannot
be diminished, but could be expanded to include other regulators or enforcement
bodies that need access to the information.
Justification for the procedure
309. The power is subject to the affirmative procedure. This is felt appropriate
even though the power can only be used to supplement the list, not remove entries.
This is to ensure that there is significant parliamentary scrutiny of the regulators
with whom the EC can share information.
Powers in Part 7 (General)
Clause 75 – power to make consequential provision
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Negative procedure (affirmative procedure where used to make
amendments to primary legislation)
Context and Purpose:
310. Clause 75 provides for a power for the Secretary of State to make provision
in consequence of the Bill . This includes a power to make different provision for
different purposes, and to make transitional or saving provision.
Justification for taking the power:
311. This is a standard power taken where other legislation may need to be
amended in a limited manner to reflect the changes made by an Act of Parliament.
This is, for example, to ensure that any references to the voting age, or to any

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provisions amended by this Bill, can be amended so that they accurately reflect
the changes introduced by this Bill.
Justification for the procedure:
312. As is typical, as this power enables measures that result from a Bill that
has been approved by Parliament, this is subject to the negative procedure. The
exception is where the power is used to amend primary legislation.
313. Whilst subsection (2) is a Henry VIII power, it is very narrowly drawn and
is only available to make amendments in consequence of the provisions in this Bill.
When this subsection is exercised, regulations made under it are subject to the
affirmative procedure to be properly scrutinised by Parliament.
Clause 76 – Power for Secretary of State to update references to subordinate
legislation in the Bill, or in provisions inserted into other Acts
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: Affirmative procedure
Context and Purpose:
314. This clause provides for the power to make amendments to the Act, or any
provisions inserted into other Acts by this Bill, as a consequence of the amendment
or revocation of secondary legislation referenced in the Act. This allow s for the
updating of references to secondary legislation (or particular parts of secondary
legislation) if the whole or part of that instrument is replaced.
Justification for taking the power:
315. There are references in the Bill, and in other enactments amended by this
Bill, to provisions of secondary legislation. This includes specific provisions of the
RP Regulations. In the event that those specific provisions are replaced by other
secondary legislation, it is considered appropriate that secondary legislation can
be used to update references in primary legislation. This is a Henry VIII power
but it is a power to make consequential amendments as a result of changes to
secondary legislation, and not a power to make free -standing substantive
provision.
Justification for the procedure:
316. As this allows for amendments to primary legislation, even in this limited
way, it is considered appropriate that the affirmative procedure should apply.

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Clause 80(1) -– power to commence provisions of the Bill by regulations
Clause 80(3) - power to make transitional and savings provisions in connection with
commencement
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: No procedure
Context and Purpose:
317. This clause enables provisions of the Bill to be commenced by regulations,
and for such regulations to contain transitional, transitory or saving provisions.
Justification for taking the power:
318. This is a standard commencement power, needed to provide a degree of
control over when different parts of the Bill are brought into force. A franchise
change will need considerable implementation and preparation in advance of the
provisions taking effect. The power to include transitional or saving provision in
connection with such commencement is necessary to ensure a smooth transition,
and in particular to provide for sufficient time for those responsible for
administering the registration system to be able to put in place the measures
needed to implement these changes in an ordered and fair way. For example,
provision may be needed to address how any changes close to the date of an
election should be applied or not applied to ensure a smooth transition from a
voting age of 18 to a voting age of 16.
Justification for the procedure:
319. As is usual with commencement powers, regulations made under this
clause are not subject to any parliamentary procedure. Parliament has approved
the principle of the provisions in the Bill, and transitional or savings provisions are
to facilitate the movem ent from the existing legal position to the new law as
approved by Parliament.
Clause 80(6) - power to state effect of commencement provisions in connection with
the Sentencing Code
Power conferred on: Secretary of State
Power exercised by: Regulations
Parliamentary Procedure: No procedure

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Context and Purpose:
320. The Bill creates a new aggravating factor for crimes that are motivated by
hostility in an electoral context. For England and Wales (and by reference, the
armed forces) this will be provided for in an amendment to the Sentencing Code.
The Sentencing Code is intended to be a comprehensive statement of the law that
applies when sentencing a person convicted of an offence after it has come into
force, regardless of when the offence was committed. An important consideration
when amending the Sentencing Code is to ensure that any future changes in the
law can be stated in the Code itself, rather than existing only as transition or
savings provisions in separate Acts. Clause 80(6) provides that the power in
section 419(1) of the Code to state effect of commencement provisions applies to
any amendment or repeal made under the Bill.
321. By way of brief explanation of section 419 of the Code, it relates to two
Schedules of the Code (Schedules 22 and 23) which consolidate existing but
uncommenced provisions and powers to make amendments to relevant law
respectively. Section 419(1) allows regulations to make provision in connection
with the coming into force of the uncommenced provisions and of provision made
under those powers so that their effect is started in the Code. The regulations also
will be able to make provision to secure that provisions that are to continue to have
effect only for particular purposes or in particular cases remain in primary
legislation instead of having effect only by virtue of transitional, transitory or saving
provision (paragraph (b)). This allows regulations to provide for both the existing
provision and the new provision to be included in the Code, with each stating the
cases to which it applies. This will allow for parallel provisions to exist in the
legislation making its application to all cases clear on its face.
322. The extension of this section 419 power to any amendments or repeals
made by this Bill will mean it is then possible to amend the Code in the same
manner as section 419 allows it to be amended for Schedules 22 and 23 to the
Code, so as to specify the cases in which, or the purposes for which, the provision
in question will have effect.
Justification for taking the power:
323. To ensure that the Code continues to take a consistent approach where
uncommenced provisions are brought into force subject to savings or transitional
provisions, or amendments are made that are subject to savings or transitional
provisions, it is necessary to have a power to state the effect of those savings or
transitional provisions in the Code.
324. To ensure the continuing usefulness of the Code as a consolidation, the
same clarificatory regulations are required for amending legislation such as this

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Bill. Guidance issued by the Office of the Parliamentary Counsel1) states that “any
Bill that amends the Sentencing Code should, as a matter of routine, include
provision that corresponds to, or applies, section 419 of the Sentencing Act 2020.”
325. The Bill does not make any repeals within the Sentencing Code, but it does
contain a power to do so as a consequential amendment. A reference to repeals
has therefore been included in the clause, and the wording is consistent with
similar provisions in other Acts , such as section 51(8) of the Judicial Review and
Courts Act 2022.
Justification for the procedure:
326. The power is subject to no Parliamentary procedure. This is because the
power will not be used to make any substantive changes to the law: it will be used
only to state the effect of commencement provisions. Commencement powers are
not generally subject to Parliamentary procedure. Section 419 of the Code is
subject to no procedure. A similar provision extending the effect of section 419 was
created with no Parliamentary procedure in section 51(8) of the Judicial Review
and Courts Act 2022.
Ministry of Housing, Communities and Local Government
12 February 2026

1 https://www.gov.uk/government/publications/the-sentencing-code-guidance-for-drafters