Citation

1.  These Regulations may be cited as the Elections Act 2022 (Commencement No. 10 and Savings) Regulations 2023.

Provisions coming into force on 12th December 2023

2.  The following provisions of the Elections Act 2022 come into force on 12th December 2023—

(a) section 4 (handling of postal voting documents by political campaigners);

(b) section 5 (handing in postal voting documents) so far as not already in force;

(c) section 7 (requirement of secrecy);

(d) section 12 (local elections and Assembly elections in Northern Ireland) so far as it relates to the provisions commenced by paragraph (e);

(e) the following paragraphs of Schedule 6 (local elections in Northern Ireland and elections to the Northern Ireland Assembly)—

(i) paragraph 1, so far as it relates to the provisions commenced by sub-paragraphs (ii) to (iv);

(ii) paragraphs 2 to 5;

(iii) paragraph 23, so far as it relates to paragraphs 25 and 27, and paragraphs 25 and 27;

(iv) paragraph 34(a) and (d);

(v) paragraph 35, so far as it relates to the provisions commenced by sub-paragraphs (vi) and (vii);

(vi) paragraph 37;

(vii) paragraph 40, so far as it relates to paragraph 41, and paragraph 41.

Savings

3.—(1) The amendments made by the provisions listed in regulation 2 do not apply to an election or a referendum in relation to which the day of poll, as stated in the notice of election or referendum published in accordance with the relevant rule, is on or before 1st May 2024.

(2) In paragraph (1) the “ relevant rule” means (as the case may be)—

(a) in the case of a parliamentary election or an election to the Northern Ireland Assembly, rule 5 of Schedule 1 to the Representation of the People Act 1983( 2);

(b) in the case of a local election in Northern Ireland, rule 4 of Schedule 5 to the Electoral Law Act (Northern Ireland) 1962( 3);

(c) the corresponding rule to the rule referred to in sub-paragraph (a) in the rules made under—

(i) in the case of a combined authority mayoral election, paragraph 12(1)(a) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009( 4);

(ii) in the case of a local authority mayoral election, section 9HE(1)(a) of the Local Government Act 2000( 5);

(iii) in the case of a referendum under Part 1A of the Local Government Act 2000, section 9MG(2) or (3) of that Act( 6);

(iv) in the case of a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992, section 52ZQ(1) or (2) of that Act( 7);

(v) in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990( 8), paragraph 16(1) of that Schedule;

(vi) in the case of any other local government election, section 36 of the Representation of the People Act 1983( 9);

(d) in the case of a ward election in the City of London, section 6 of the Act of Common Council of 14th July 1960( 10).

(3) In paragraph (2)—

“ combined authority mayoral election” means an election for the return of a mayor as provided for in an order made under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009;

“ local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000( 11);

“ local election” has the same meaning as in section 130(1) of the Electoral Law Act (Northern Ireland) 1962( 12);

“ local government election” has the same meaning as in section 203(1) of the Representation of the People Act 1983( 13).

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the tenth commencement regulations under the Elections Act 2022 (c. 37)(“ the Act”).

Regulation 2(a) commences section 4 of the Act, which inserts new section 112A into the Representation of the People Act 1983 (c. 2). New section 112A(1) provides that a person who is a political campaigner in respect of a parliamentary election or a local government election in England commits an offence (which is a corrupt practice) if the person handles a postal voting document that has been issued to another person for use in that election. New section 112A(2) to (4) provides certain defences to that offence. Section 112A(7) defines “political campaigner”.

Regulation 2(b) commences the remainder of section 5 of the Act. Section 5 makes amendments to the conduct rules for parliamentary elections (which are contained in Schedule 1 to the Representation of the People Act 1983) to allow admission to polling stations for persons who are handing in postal voting documents, and to ensure that handed in postal voting documents which have been rejected in accordance with relevant provisions regulating the handing in of postal voting documents are not classed as duly returned.

Regulation 2(c) commences section 7 of the Act, which amends section 66 of the Representation of the People Act 1983 to extend the requirement of secrecy to information contained in, and the completion of, postal ballot papers, and to limit the communication of such information by any person who has undertaken to assist a voter who is blind, disabled or is unable to read in voting.

Regulation 2(d) commences section 12 of, and Schedule 6 to, the Act in part, to the extent to which Schedule 6 makes equivalent provision to that made by sections 4, 5 and 7 of the Act in respect of local elections in Northern Ireland and elections to the Northern Ireland Assembly.

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

NOTE AS TO EARLIER COMMENCEMENT Regulations

(This note is not part of the Regulations)

The following provisions of the Elections Act 2022 have been brought into force by commencement Regulations made before the date of these Regulations.