Representation of the People Act 2000

This was an update of the Representation of the People Act 1983, including amendments about eligibility for registration. It also included clarification of the situation for those disenfranchised from the system especially offenders in mental hospitals.

Further amendments included the introduction of 'rolling registration', clarification of residency for offenders, the mentally ill and homeless. Service personnel requirements to have a service declaration were removed. Finally the duty of registration officers was extended to include compilation of a restricted register.

Electoral Administration Act 2006

The Electoral Commission has new powers to determine performance standards for Electoral Registration Officers.

67 Performance of local authorities in relation to elections etc.

After section 9 of the 2000 Act insert—

"9A Setting of performance standards

(1) The Commission may from time to time—

(a) determine standards of performance for relevant officers, and
(b) publish, in such form and in such manner as they consider appropriate, the standards so determined.

(2) The standards of performance are such standards as the Commission think ought to be achieved by—

(a) electoral registration officers in the performance of their functions;
(b) returning officers in the administration of the elections specified in subsection (6);
(c) counting officers in the administration of the referendums specified in subsection (7).

(3) Before determining standards under subsection (1), the Commission must consult—

(a) the Secretary of State, and
(b) any other person they think appropriate.

(4) The Commission may determine different standards for different descriptions of relevant officers.

(5) When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament.

(6) The elections specified in this subsection are—

(a) an election mentioned in section 5(2);
(b) a parliamentary by-election;
(c) an election under section 9 of the Scotland Act 1998 (constituency vacancies);
(d) an election under section 8 of the Government of Wales Act 1998 (vacancies in constituency seats);
(e) a local government election in England or Wales.

(7) The referendums specified in this subsection are—

(a) a referendum to which Part 7 applies;
(b) a referendum under Part 2 of the Local Government Act 2000.

(8) For the purposes of this section and sections 9B and 9C, the relevant officers are—

(a) electoral registration officers;
(b) in relation to elections within subsection (6), returning officers;
(c) in relation to referendums within subsection (7), counting officers.

9B Returns and reports on performance standards

(1) The Commission may from time to time issue directions to relevant officers to provide the Commission with such reports regarding their level of performance against the standards determined under section 9A(1) as may be specified in the direction.

(2) A direction under subsection (1)—

(a) must specify the relevant officer or officers to whom it is issued (and may specify a description or descriptions of relevant officers),
(b) may require the report or reports to relate to such elections or referendums (or both) as may be specified in the direction, and
(c) may require the report or reports to be provided in a form specified in the direction.

(3) A report provided to the Commission in pursuance of subsection (1) may be published by the relevant officer to whom it relates.

(4) The Commission shall from time to time prepare and publish (in such manner as the Commission may determine) assessments of the level of performance by relevant officers against the standards determined under section 9A (1).

(5) An assessment under subsection (4)—

(a) must specify the relevant officer or officers to whom it relates;
(b) must specify the period to which it relates;
(c) may specify the elections or referendums (or both) to which it relates.

(6) The Commission must not prepare an assessment under subsection (4) unless they have received reports in pursuance of subsection (1) from the relevant officer or officers for the matters to which the assessment relates.

(7) Before publishing an assessment under subsection (4), the Commission shall—

(a) provide to each relevant officer a copy of those parts of the assessment which relate to him;
(b) have regard to any comments made by him regarding the factual accuracy of the assessment.

9C Provision of information about expenditure on elections etc.

(1) The Commission may by notice in writing direct a relevant officer to provide the Commission with such expenditure information as may be specified in the direction.

(2) Expenditure information is information relating to—

(a) in the case of an electoral registration officer, expenditure in connection with the performance of his functions;
(b) in the case of a returning officer, expenditure in connection with the election or elections specified in section 9A (6) for which he is appointed or otherwise holds office;
(c) in the case of a counting officer, expenditure in connection with the referendum or referendums specified in section 9A (7) for which he is appointed.

(3) A direction under subsection (1)—

(a) may require the information to relate to such elections or (as the case may be) referendums as may be specified in the direction;
(b) may require the information to be provided in a form specified in the direction;
(c) may specify the time within which the information must be provided.

(4) This section does not affect any other power of the Commission to request information."

The Act outlines the duties of the electoral officers and their powers to take the necessary steps to compile the register and make determinations over voter eligibility.

9 Registration officers: duty to take necessary steps

(1) After section 9 of the 1983 Act (registers of electors) insert—

"9A Registration officers: duty to take necessary steps

(1) Each registration officer must take all steps that are necessary for the purpose of complying with his duty to maintain the registers under section 9 above.

(2) The steps include—

(a) sending more than once to any address the form to be used for the canvass under section 10 below;
(b) making on one or more occasions house to house inquiries under subsection (5) of that section;
(c) making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register;
(d) inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law;
(e) providing training to persons under his direction or control in connection with the carrying out of the duty.

(3) Regulations made by the Secretary of State may amend subsection (2) by—

(a) varying any of the paragraphs in that subsection;
(b) inserting any paragraph;
(c) repealing any paragraph."

The Act allows local electoral officers to encourage participation in elections. It also requires the officer to have regard to Electoral Commission guidance.

69 Encouraging electoral participation

(1) A local electoral officer must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area for which he acts.

(2) A local electoral officer must have regard to any guidance issued by the Electoral Commission for the purposes of this section.

(3) This section does not permit an electoral registration officer to undertake any activity in relation to a local government election in Scotland unless the activity relates to a matter falling within Section B3 (elections) of Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters).

(4) The Secretary of State may reimburse a local electoral officer in respect of any expenditure incurred by the officer for the purposes of this section.

(5) The amount paid under subsection (4) must not in any year exceed such amount as is determined in accordance with regulations made by the Secretary of State.

(6) The power to make regulations under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The regulations may make different provision for different purposes.

(8) A local electoral officer is—

(a) an electoral registration officer;
(b) a returning officer for an election mentioned in subsection (9).

(9) These are the elections—

(a) parliamentary elections;
(b) local government elections in England and Wales and Northern
Ireland;
(c) European Parliamentary elections;
(d) elections to the Scottish Parliament;
(e) elections to the Northern Ireland Assembly;
(f) elections to the National Assembly for Wales.

(10) References to a local government election must be construed in accordance with the 1983 Act.

Electoral Fraud (Northern Ireland) Act 2002

The Act made it a requirement of voters to provide a signature, date of birth, national insurance number and proof of residency as a condition of registration. The Act permitted the issue of electoral identity cards by registration officers.

Electoral Registration (Northern Ireland) Act 2005

This Act gave power to the electoral officer to restore to the register names previously removed as a result of not responding to a canvass.

Northern Ireland (Miscellaneous Provisions) Act 2006

This Act removed the requirement for an annual canvass to be performed and outlined the key dates by which the electoral officer should prepare the register.

The use of anonymous registration for a limited period of time would be permitted at the discretion of the Electoral Registration Officer. This is to help protect those who may be placed in danger if their details were placed on a public register.