Select Committee on Home Affairs Appendices to Minutes of Evidence (Volume II)


ANNEX D

Current provisions for supply and sale of the register of electors

 (representation of the People Regulations 1986)

Copying

Copying "published" documents (regulation 8)

1. Where a document is available for inspection, anyone can make a copy, whether in handwriting or by other means, of the whole or any part of such document.

Draft register

Supply of electors list/draft register (and overseas electors list) free of charge on request (regulation 36)

2. 4 copies of the draft register (and overseas electors list) which relate to a constituency must be supplied to anyone who satisfies the ERO they are required in connection with a prospective candidature at a parliamentary election for that constituency (though not more than one person per candidature may be supplied).

Sale of electors lists/draft register (regulation 54)

3. The ERO is required to sell spare copies of draft register at a rate of 25p per 1,000 names to a person supplied under regulation 36, a returning officer or local authority; and £2.50 per 1,000 names to any other person. Here, "local authority" refers to councils from county to parish level, but does not include other public bodies like police authorities. The same rates apply to copies of the overseas electors list, except that the rate is per hundred names.

Absent voters list

Supply of absent voters list (regulation 74)

4. On request, the ERO supplies a free copy of the absent voters list and list of proxies entitled to vote by post, to each candidate at an election, or their election agent. He is also required to supply a copy to the ARO. There is no provision for the sale of these lists.

Register of electors

Supply of register free of charge on request (regulation 53)

5. The ERO is required to supply free copies of the register as follows:

  (i)    as many copies of register to the ARO at a parliamentary or European Parliamentary election as the ARO needs

  (ii)    on request two copies relating to the constituency to each candidate at a parliamentary or European Parliamentary election, or his election agent

  (iii)    on request four copies for the constituency to anyone who satisfies the ERO they require them for candidature at a parliamentary election (but not more than one person per candidature)

  (iv)    on request a copy of register (and overseas electors list) to the MP and MEP for relevant constituency

  (v)    a copy of the register (and overseas electors list) to Secretary of State (held by Office for National Statistics) and British Library

  (vi)    a copy of register relating to electoral divisions of a non-metropolitan county in England to returning officer for the county.

  (vii)    on request a copy of register for an electoral area to every councillor for that area and each candidate at a local government election, or his election agent

  (viii)    on request of parish/community council a copy of register for the council's area

NB The ERO is also required to supply the number of copies of the register designated by Lord Chancellor for purpose of summoning jurors under section 3(1) of the Juries Act 1974 (each copy excluding those electors less than 18 or more than 70).

SALE OF REGISTER (REGULATION 54)

6. A person supplied with a copy of the register under regulation 53, or a returning officer or local authority is entitled to buy further copies at rate of 25p per 1,000 names, provided the ERO has spare copies. For anyone else rate is £2.50 per 1,000. The ERO is also required to sell the register on publication, at the appropriate fee, to anyone who ordered copies before 1 November in the previous year.

Data version of register

Supply of data (regulation 55)

7. There is no provision for the supply of data free of charge. However, the ERO who is a data user is required to sell copies of the relevant part of the register in data form to anyone entitled to a free copy of the register under regulation 53. The fee is £1.80 per 1,000 names, subject to a minimum charge of £30. In addition, the ERO, may supply data to any other person, at a rate of £18 per 1,000 names.

Register in data form

8. Information which may be supplied as data consists of the names of those on the register, their addresses, electoral numbers and any distinguishing letter. However, except when supplying data to the returning officer, the ERO is prohibited from supplying data which is not required under the 1983 Act to be published (such as the addresses of service voters, voluntary patients and overseas electors). Those who obtain such data must be registered as data users under the Data Protection Act 1984 (this must include the purpose for which the data is to be used). Finally, the ERO is obliged to supply data in the form in which he holds it. The recipient must undertake any conversion required.

Data Protection Act 1984

9. The 1984 Act does not cover statutorily published information and therefore the information in the electoral register held in data form by the ERO is exempt from its provisions. However, the Act does apply to anyone who purchases the data, and such persons or organisations must conform to the statutory requirements laid out in the Act, or risk facing prosecution.

Supply of labels (regulation 56)

10. An ERO who is a data user also has discretionary power to supply labels with the name and address of electors. A person entitled to a free copy of the register under regulation 53 may be supplied with labels at a rate of £12 per 1,000, for the relevant part of the register. ERO may also sell labels to any other person at higher rate of £25 per 1,000.

NB. 1. The rates for the sale of register information were last uprated by the Representation of the People (Amendment) Regulations 1990.

 2. When the ERO sells the register, electors lists or data, VAT is not payable.




 
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