Commentary on Sections Schedule 1: Register of electors: alterations and removal
84.Paragraph 1 inserts two new sections in the 1983 Act which set out when a registration officer must alter the name or address of an elector, or remove an elector’s entry from the register, in the new registration system in Great Britain. It does not affect registration officers’ ability to correct clerical errors.
85.Section 10ZD states the circumstances in which a registration officer must alter the name or address of a person on the register. Subsection (1) provides that an application must have been made to that effect, and it must appear to the registration officer that the person is entitled to be registered in respect of the new name or address and that the application is made by that person. Subsection (2) stipulates that in determining an application under this section registration officers must consider any objection made within the prescribed requirements. Subsection (3) provides that regulations may make provision about the process for determining applications.
86.Section 10ZE(1) and (2) state that a registration officer must remove a person from the register if that person was not or has ceased to be entitled to be registered at the address in respect of which they are registered (whether because they have moved house or for any other reason), or if the person’s current registration is the result of an application made by someone else. The requirements for being entitled to be registered are set out at section 4 of the 1983 Act.
87.Section 10ZE(3) enables a registration officer to make use of house to house inquiries when deciding whether to remove an entry from the register.
88.Section 10ZE(4) confers a power to make regulations to support the process of removing entries from the electoral register, including steps that a registration officer must take before concluding that a person is not entitled to remain registered. For example, regulations could require that in certain circumstances the registration officer must attempt to contact the person before determining that they are not entitled to remain registered.
89.Section 10ZE(5) and (6) state that a registration officer must consider whether to remove a person from the electoral register if they receive an objection from another registered person about that person’s registration (unless it is an anonymous registration) or if they become aware of information that causes them to suspect that the person may not be entitled to remain registered (for example because of information obtained during the annual canvass).
90.Section 10ZE(7) states that the requirement to remove people from the register does not apply to the registration of people for whom there are separate rules about removal from the register (including those on remand in prison, patients in mental hospitals, those without a fixed address, service personnel and British citizens resident overseas).
91.Paragraph 2(1) and 2(2) state that registration officers must have regard to any guidance given by the Minister about determining any applications to alter a name or address, and that this guidance may include guidance about the process for determining whether the conditions have been met, and the relative weight to be given to different kinds of evidence. Paragraph 2(3) provides that the requirement for registration officers to have regard to this guidance will cease 5 years after coming into force. This provision is included because, after five years the new registration system, and the process for determining applications, is likely to have reached a steady state and guidance will no longer be necessary.
92.Paragraph 3 amends section 13A of the 1983 Act to enable a registration officer to correct information in a register in Great Britain if they determine that it is incorrect. This would not remove the requirement to remove an entry from the register if the circumstances in new section 10ZE(1) are met, but would allow a registration officer to correct an error that has not resulted from a clerical error where those circumstances are not met (for example, where a person has changed their name but has not informed the registration officer). Section 13A(6) of the 1983 Act enables regulations to put in place procedures for the making of a correction under this provision.