Commentary on Sections Part 4: Electoral Registration Section 34: Provision supplementing section 33
180.Section 34 deals with provisions supplementing section 33. It gives the Secretary of State power to make amendments to various sections of the 1983 Act relating to the obligatory collection of identifiers. It sets out the procedure for making supplementary provisions or amendments, including consulting the Electoral Commission to seek their views and laying the statutory instrument before Parliament to gain the affirmative resolution of both Houses.
181.Subsection (1) relates to section 10A(5A) of the 1983 Act, which allows for names to be removed from the register if an elector’s registration form does not contain the identifying information required to be provided once collection becomes obligatory, or if the registration officer is not satisfied with the information that has been provided. When section 33 comes into effect, it will not be possible to remove names from the register under section 10A (5A) of the 1983 Act until the conclusion of the third canvass to be concluded after the commencement of section 33. This allows for electors who fail to provide identifying information to remain on the register for two years after it becomes obligatory to provide identifying information without having provided it.
182.Subsection (2) recognises that moving to the obligatory period of providing identifying information will make obsolete the provisions relating to the voluntary period. Orders bringing section 33 into force may thus repeal any provisions from sections 30, 31 and 32, and amendments may be made to any enactment that is consequential on the coming into force of section 33.
183.Subsection (3) makes provision for the Secretary of State to amend the sections of the 1983 Act relating to the collection of identifying information as amended by this Act, and for further amendments to be made to the 1983 Act that are necessary as a consequence of those amendments.
184.Subsection (4) states that Regulations under subsection (3) may make different provision for different purposes or different areas, and may make transitional or saving provision.
185.Subsection (5) explains that the Secretary of State is given the powers to make regulations under subsection (3) in the form of secondary legislation exercisable by statutory instrument.
186.Subsection (6) requires the Secretary of State to consult the Electoral Commission before making any regulations under subsection (3) and to seek their views as to whether the proposed provision in those regulations would help or hinder the achievement of the registration objectives where any amendment made by the regulations is to the provisions in the 1983 Act which relate to the nature of identifying information.
187.Subsection (7) states that any regulations which seek to amend either any enactment consequential to the coming into force of section 33 of this Act, or the provisions referred to in subsection (3), are to be subject to the affirmative resolution procedure.