Fifth Report of Session 2023–24

Instruments reported

At its meeting on 6 December 2023 the Committee scrutinised a number of instruments in accordance with Standing Orders. It was agreed that the special attention of both Houses should be drawn to one of those considered. The instruments and the grounds for reporting are given below. The relevant departmental memoranda are published as appendices to this report.

1S.I. 2023/1066: Reported for requiring elucidation and defective drafting

Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

1.1The Committee draws the special attention of both Houses to these Regulations on the ground that they require elucidation in one respect and are defectively drafted in one respect.

1.2These Regulations, which are subject to the negative resolution procedure, update poll cards to reflect changes to proxy voting made by the Elections Act 2022.

1.3Regulations 3(9) and (18), 4(9) and (17) and 5(38) provide for the forms in the associated Schedules to replace the forms for official poll cards and official proxy poll cards to reflect this change, substituting references to domestic electors for references to family members. No similar change is made to official postal poll cards or official proxy postal poll cards, which contain the same references to family members – although Schedule 1 makes transitional provision which apply “in the case of a proxy appointed before 31st October 2023”. The Committee asked the Department for Levelling Up, Housing and Communities to explain the apparent discrepancy.

1.4In a memorandum printed at Appendix 1, the Department explains that the equivalent changes to the postal poll cards are made by the Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023 (S.I. 2023/1233). The Department goes on to explain that whilst the transitional provisions of Schedule 1 to S.I. 2023/1066 are meant to ensure that existing prescribed forms would operate as intended for any elections prior to the replacement poll cards being used for elections taking place from 2 May 2024, the transitional provisions would not apply if there was an election between 31 January 2024 and 1 May 2024 where the notice of election was issued on or after 31 January 2024. The Department undertakes to correct this. The Committee accordingly reports regulations 3(9) and (18), 4(9) and (17) and 5(38) for requiring elucidation, provided by the Department’s memorandum.

1.5Paragraph 14(2) of Schedule 1 makes transitional amendments to official postal poll cards and official proxy poll cards for Greater London Authority elections. The Committee noticed that the amendment made by sub-paragraph 14(2)(b) is done by reference to the phrase “vote as a proxy in this election”, which does not appear in the forms in question. It asked the Department to explain. In its memorandum, the Department acknowledges the error and undertakes to correct this when it legislates to address the transitional issue identified above. The Committee accordingly reports paragraph 14(2)(b) of Schedule 1 for defective drafting, acknowledged by the Department.

Instruments not reported

At its meeting on 6 December 2023 the Committee considered the instruments set out in the Annex to this Report, none of which were required to be reported to both Houses.

Annex

Draft instruments requiring affirmative approval

Instruments subject to annulment

Draft instruments subject to annulment

Appendix 1: Memorandum from the Department for Levelling Up, Housing and Communities

S.I. 2023/1066

Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

1)The Committee has asked the Department for Levelling Up, Housing and Communities for a memorandum on the following point(s):

(1) Explain the reason regulations 3(9) and (18), 4(9) and (17) and 5(38) do not amend official postal poll cards or official proxy postal poll cards, especially having regard to the transitional arrangements made by paragraphs 8(3), 11(3) and 14(2)(b) of Schedule 1.

(2) Explain what modification is intended to be achieved by paragraph 14(2)(b) of Schedule 1 given that the words “vote as a proxy in this election” do not appear in the forms that paragraph modifies.

2)In respect of the first point, the Department’s intention was to replace the prescribed form of official postal poll cards and official proxy postal poll cards on a single occasion. The replacement would reflect changes required to the prescribed form from both the changes to proxy voting limits resulting from the commencement of Schedule 4 to the Elections Act 2022 and the changes to postal vote handling and secrecy requirements resulting from the subsequent commencement and implementation of sections 4, 5 and 7 of the Elections Act 2022. The replacement postal and proxy postal poll card forms are therefore contained in the Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023 (S.I. 2023/1233).

3)Paragraphs 8(3), 11(3) and 14(2)(b) of Schedule 1 to S.I. 2023/1066 were intended to provide a modification to the existing prescribed forms to ‘bridge the gap’ for any elections held during the limited period between the coming into force of the proxy voting limit provisions and the replacement of the prescribed postal and proxy postal poll card forms (which apply for elections taking place from 2nd May 2024 onwards). However, the Department acknowledges that these provisions do not fully provide for all elections which could potentially be held during that period, in that no modifying provision is made for elections for which (a) the notice of election is issued on or after 31st January 2024 and (b) the date of poll is on or before 1st May 2024. Consequently, the Department intends to legislate further to make such modifying provision.

4)In relation to the second point, the Department acknowledges the typographical error in paragraph 14(2)(b) of Schedule 1. The relevant text on the forms to be modified by that provision is “vote as a proxy at the same election”. The Department intends to correct this error as part of the further legislation referred to in respect of the first point.

Department for Levelling Up, Housing and Communities

28 November 2023

Formal minutes

Wednesday 6 December 2023

Virtual meeting

Members present

Jessica Morden, in the Chair

Lord Beith

Lord Chartres

Peter Grant

Paul Holmes

Baroness Sater

Lord Smith of Hindhead

Lord Watson of Wyre Forest

Report consideration

Draft Report (Fifth Report), proposed by the Chair, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1.1 to 1.5 read and agreed to.

Annex agreed to.

A paper was appended to the Report as Appendix 1.

Resolved, That the Report be the Fifth Report of the Committee to both Houses.

Ordered, That the Chair make the Report to the House of Commons and that the Report be made to the House of Lords.

Adjournment

Adjourned till Wednesday 13 December at 3.40 p.m.

Footnotes

1 Note: This instrument has been withdrawn and replaced by S.I. 2023/1177.