Part 1: Administration and Conduct of Elections Online Absent Voting Applications Schedule 2: Power to make regulations about registration, absent voting and other matters
Paragraphs 1 to 11 of Schedule 2 make amendments to the RPA 1983.
	Paragraph 1 amends section 53 RPA 1983 which concerns the power to make regulations related to electoral registration and voting by post or by proxy. The amendment amends subsection (1) to insert new paragraph (ba). New paragraph (ba) expands the scope of section 53(1) to allow provisions to be made by regulations with respect to applications under sections 13BD, 13BE and 13C RPA 1983 and documents or cards issued under any of those sections (i.e., electoral identity documents, anonymous electors’ documents and electoral identity cards).
	Paragraph 2 provides that Schedule 2 to RPA 1983 is amended in accordance with paragraphs 3 to 11, as detailed below. Section 53(3) RPA 1983 provides that regulations made under section 53(1) may contain any such provisions as are mentioned in Schedule 2 to RPA 1983
	Paragraph 3 amends paragraph 1 of Schedule 2 to RPA 1983 which provides some of the general regulation-making powers relating to what registration officers may do in pursuit of their registration duties, particularly around how they can obtain information and evidence, including the following. Paragraph 1(2) of Schedule 2 provides that provision can be made authorising a registration officer to require persons to give information for the purposes of the officer’s registration duties. Paragraph 1(2A) states that provision made under paragraph 1(2) for registration officers in Great Britain to require an applicant for electoral registration to provide evidence of their identity or their entitlement to registration has to specify the types of evidence that can be required. Paragraph 1(4) allows provisions to be made authorising a registration officer to inspect, for the purpose of his registration duties, records kept by local or public authorities, and to make copies of information contained in such records.
	Paragraph 3(2) of this Schedule expands paragraph 1(2A) of Schedule 2 so that it applies in relation to registration officers throughout the UK rather than Great Britain, and so that it applies to applicants for electoral identity documents, anonymous electors’ documents and electoral identity cards under sections 13BD, 13BE and 13C RPA 1983 respectively, as well as to registration applications.
	Paragraph 3(3) inserts new sub-paragraph (5A) to expand the meaning of a registration officer’s ‘registration duties’ to include:
in the case of a registration officer in Great Britain, the officer’s functions (i) in relation to electoral identity documents and anonymous electors’ documents under sections 13BD and 13BE RPA 1983, and (ii) in relation to absent vote applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales, and
in the case of the Chief Electoral Officer for Northern Ireland, the Officer’s functions (i) in relation to electoral identity cards under section 13C RPA 1983 and (ii) in relation to applications under section 6, 7 or 8 of the RPA 1985.
	Paragraph 4 amends paragraph 1A of Schedule 2 to RPA 1983 which contains powers to make regulations in relation to the disclosure of information for verification purposes relating to electoral registration. These powers are used to underpin aspects of the voter registration process whereby certain details about an applicant are compared against data to help a registration officer in determining the application. Paragraph 4(2) and (3) amends existing sub-paragraph (1)(a) to provide that provision can be made via regulations so that information may be verified about a wider category of individuals listed in new sub-paragraph (1A). The individuals listed in new sub-paragraph (1A) are: (a) a person who is registered in a register maintained by the registration officer; (b) a person who is named in (i) an application for registration in, or alteration of, a register (including a partially completed application submitted through the UK digital service - see new sub–paragraph (1B)); (ii) an application (including a partially completed application) for one of the types of electoral identity document under section 13BD, 13BE or 13C RPA 1983, or; (iii) a relevant absent vote application.
	Paragraph 4(4) inserts new sub-paragraphs (6) to (8) into paragraph 1A of Schedule 2 to RPA 1983. New sub-paragraph (6) provides that in sub-paragraph (1) , in relation to verifying information about a person named in a relevant registration or absent vote application, references to disclosing information include references to disclosing evidence provided by a person in connection with the application.
	New sub-paragraph (7)(a) to (c) in paragraph 1A defines "relevant absent voting application", "relevant registration application" and "UK digital service" as used in paragraph 1A.
	New sub-paragraph (8) in paragraph 1A provides that a notice, including a partially completed notice, under section 8(9) of the RPA 1985 which cancels a proxy appointment is to be treated as a relevant absent voting application for the purposes of paragraph 1A.
	Paragraph 5 of this Schedule amends paragraph 3ZA of Schedule 2 to RPA 1983. Paragraph 3ZA allows provisions to be made about the form and content of, and manner of making of, electoral registration applications, and about the evidence to be provided by such an applicant to support an application. Paragraph 5(2) expands sub-paragraph (1) of paragraph 3ZA to include applications for electoral identity documents and anonymous elector documents in Great Britain under sections 13BD and 13BE RPA 1983. Paragraph 5(3) inserts new sub-paragraphs (2A) and (2B) into paragraph 3ZA. New sub-paragraph (2A)(a) provides that provisions may be made to confer functions on the Secretary of State to enable registration applications listed in new sub-paragraph (2B) to be made in a particular manner; and to authorise the Secretary of State, in prescribed circumstances, to complete such applications in part for people, for example to pre-populate forms with information already held by the Secretary of State where appropriate. These powers would be used to underpin aspects of online application services. New sub-paragraph (2B) lists relevant applications for the purpose of new sub-paragraph (2A) as (a) an application for registration in, or alteration of (i) a register of parliamentary electors, (ii) a register of local government electors in England, or (iii) a register of local government electors in Scotland or Wales, where the application is submitted through the UK digital service, and (b) applications under section 13BD or 13BE RPA 1983 for Voter Cards or anonymous elector documents
	Paragraph 5(4) inserts a new paragraph 3ZA(3A) to allow for provisions to be made requiring a person making an application for a Voter Card or an anonymous elector’s document under section 13BD or 13BE to provide evidence that the person is the person named in the application. Paragraph 5(5) and (6) makes consequential amendments to paragraph 3ZA(4) and (6).
	Paragraph 5(7) inserts new sub-paragraph (7) into paragraph 3ZA of Schedule 2 to RPA 1983 explaining what is meant by an application submitted through "the UK digital service"..
	Paragraph 6 of this Schedule substitutes the existing paragraph 3A (about registration applications in Northern Ireland) of Schedule 2 to RPA 1983 with a new paragraph 3A which covers, for Northern Ireland, both applications for electoral registration and applications for electoral identity cards under section 13C RPA 1983, as well as forms used in connection with a canvass under section 10 RPA 1983. The new paragraph 3A(1) replicates the existing powers in paragraph 3A, enabling provision to be made about (subsection (1)(a)) the form and contents of registration applications and applications under section 13C as well as any declarations in connection with those applications, and the manner in which they are to be made, and (subsection (1)(b)), the manner in which forms in connection with a canvass are submitted.
	New paragraph 3A(2) provides that provision made under sub-paragraph (1) may confer functions on the Secretary of State or the Chief Electoral Officer for Northern Ireland to allow applications to be made or forms to be submitted in a particular manner, confer other functions on the Chief Electoral Officer, confer functions on the Electoral Commission and provisions may also authorise the Secretary of State or Chief Electoral Officer to complete applications or forms in part for people in certain circumstances.
	New paragraph 3A(3) enables provision to be made requiring a person making an application for registration in Northern Ireland to provide evidence that they are the person making the application and to provide evidence of their entitlement to be registered. New paragraph 3A(4) also provides that provisions can be made requiring a person making an application under section 13C to provide evidence that the person is the person named in the application.
	New paragraph 3A(5) provides that any provision made in relation to sub-paragraph (3) or (4) must specify the kind of evidence that a person is required to provide and paragraph 3A(6) gives examples of the evidence which may be specified - a person’s date of birth or national insurance number. Under new paragraph 3A(7) provision made under sub-paragraph (3) or (4)may require that this evidence is provided to the Chief Electoral Office or some other prescribed person.
	New paragraph 3A(8) provides that provision can be made about how a requirement for an applicant to provide a signature in an application for electoral registration in Northern Ireland or a form submitted in connection with a canvass can be satisfied.
	Paragraph 7 of this Schedule inserts new paragraph 5ZA into Schedule 2 to the RPA 1983. New paragraph 5ZA(1) allows regulations to be made about the manner in which ‘relevant absent vote applications’ can be made (defined in new paragraph 5ZA(5) and (6)). New paragraph 5ZA(2) enables provision under sub-paragraph (1) to (a) confer functions on the Secretary of State, registration officers, or local or public authorities in Great Britain to enable applications to be made in a particular manner; (b) confer other functions on registration officers; (c) confer functions on the Electoral Commission; and (d) authorise the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications in part for people.
	New paragraph 5ZA(3) provides for provisions to be made that impose requirements to be met in relation to a relevant absent voting application. Paragraph 5ZA(4) provides for provisions to be made about how a requirement for an applicant to provide a signature in connection with a relevant absent voting application may be satisfied.
	Paragraph 8 of this Schedule amends paragraph 8B(1) of Schedule 2 to the RPA 1983, which allows provision to be made to authorise or require a registration officer to treat a prescribed person’s statement of fact as sufficient evidence of that fact, so that it also extends to applications for electoral identity documents, anonymous elector’s documents and electoral identity cards under sections 13BD, 13BE and 13C respectively.
	Paragraph 9 inserts new paragraph 8BA allowing provisions to require registration officers to keep records relating to applications for electoral identity documents and anonymous elector’s documents, and relating to any documents issued as a result of those applications, and allowing provisions to require the Chief Electoral Officer for Northern Ireland to do likewise for applications for electoral identity cards and such cards issued. New paragraph 8BA(4) also sets out, in both instances, that provisions may be made to allow this information to be shared as prescribed.
	Paragraph 10 expands paragraph 8C of Schedule 2 to the RPA 1983, which enables provision to be made about retention, disposal and other processing of information received in the course of registration-related procedures, so that these powers also apply to information relating to applications under sections 13BD, 13BE and 13C.
	Paragraph 11 inserts new sub-paragraph (1ZZA) into paragraph 13 of Schedule 2 to RPA 1983. Paragraph 13(1)(b) of Schedule 2 to RPA 1983 allows provision to be made to create a criminal offence for a person, without lawful authority, to destroy, mutilate, deface or remove any notice published by the registration officer in connection in connection with the officer’s ‘registration duties’. New paragraph 13(1ZZA) expands the meaning of ‘registration duties’ to include references to (a) in the case of a registration officer in Great Britain, their functions under sections 13BD and 13BE RPA 1983 in relation to electoral identity documents and anonymous elector’s documents, and their functions in relation to absent vote applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections in Scotland or Wales; (b) in the case of the Chief Electoral Officer for Northern Ireland, their functions under section 13C RPA 1983 in relation to electoral identity cards and in relation to absent vote applications under section 6, 7 or 8 of the RPA 1985.
	Paragraph 12 provides a power to make regulations to amend Schedule 4 to the RPA 2000 and section 6 or 7 of the RPA 1985 in order to remove a requirement that an applicant’s absent vote application in Great Britain (other than an ‘excluded application’, i.e., an application in relation to a local government election, or local government elections, in Scotland or Wales - see paragraph 12(2)) and Northern Ireland respectively must include their signature.
	Such regulations may make (a) different provision for different purposes; and (b) consequential, supplementary, incidental, transitional, transitory or saving provision (including consequential provision amending any provision made by the Representation of the People Acts (paragraph 12(3)). Any such regulations are to be made by statutory instrument subject to the affirmative resolution procedure (paragraph 12(4))..
	Paragraph 13 provides a power to make provision about unique reference numbers in relation to elections in Northern Ireland. A unique reference number (‘URN’) is issued to every elector that registers digitally in Northern Ireland for use when applying for an absent vote. Paragraph 13(1) provides that regulations may be made about the issuing or use of URNs in connection with applications to register, applications for an absent vote or canvass. Paragraph 13(2) provides that such regulations may amend, repeal or change provisions relating to URNs in the Representation of the People Acts or the Elected Authorities (NI) Act 1989.
	Paragraph 13(3) provides that regulations may make a) different provision for different purposes; or (b) consequential, supplementary, incidental, transitional, transitory or saving provision (including provision amending any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989. In accordance with paragraph 13(5) and (6), any such regulations are to be made by statutory instrument and subject to the affirmative resolution procedure.
	Paragraph 14 makes the following consequential repeals (a) section 2(2) of the Elections (Northern Ireland) Act 1985; (b) paragraph 24(5) of Schedule 1 to the Representation of the People Act 2000; and (c) paragraph 20(4) of Schedule 4 to the Electoral Registration and Administration Act 2013.