Commentary on Sections Schedule 5: Transitional provision to do with Part 1 Part 1: Introduction
114.Paragraph 1 stipulates that applications made before the commencement date are to be dealt with under the old system even if the application is determined after that date.
115.Paragraph 4(1) enables the Secretary of State or Lord President of the Council to make an order requiring registration officers to check for evidence as to whether the people on their registers are entitled to remain registered. Subsequent provisions in the Schedule ensure that people whose entries are confirmed under such an order do not have to make a separate application under the new system to remain on the register (unless their details change).
116.Paragraph 4(3) enables the order to authorise data to be shared for this check. For example a person may be authorised to compare entries on the electoral register with other information that has been disclosed. Paragraph 4(3) also provides that an order may state that where a registration officer has confirmed a person’s entitlement they must notify them in a specified manner, and that this notification may be accompanied by and combined with other documents.
117.Paragraph 4(4) provides that where an order authorises or requires the disclosure of information the Secretary of State must consult the Electoral Commission, the Information Commissioner and others and may require the Electoral Commission to produce a report.
118.Paragraph 4(5) states that a registration officer will not be required to confirm that a person who is on the register they maintain is still eligible if that person was on the register because they were carried forward at the final old canvass (that is, they did not respond to the last canvass and were left on the register by virtue of the carry forward provision), if the person has already made a successful new application for registration, or if the person is registered under the special arrangements referred to at paragraph 121 below.