The Elections Act 2022 (Commencement No. 6 and Savings) Regulations 2022

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations are the sixth commencement regulations made under the Elections Act 2022 (c. 37) (“ the Act ”).

Regulation 2 brings into force certain paragraphs in Schedule 1 to the Act (voter identification) on 16th January 2023. Regulation 2 also brings into force certain paragraphs of Schedule 6 to the Act which make similar provision in relation to local elections in Northern Ireland and elections to the Northern Ireland Assembly.

Regulation 3(1) provides that the amendments made by Schedule 1 to the Act to the conduct rules for parliamentary elections in Schedule 1 to the Representation of the People Act 1983 (c. 2) (“RPA 1983”) (and by Schedule 6 to the Act to those conduct rules as modified by the Schedule to the Elections Act 2001 (c. 7) where the polls of a parliamentary election and local election in Northern Ireland are combined) do not apply in respect of a parliamentary by-election where the day of poll for the election is on or before 3 May 2023, or in respect of a parliamentary general election where the day of poll for the election is on or before 4 October 2023.

Regulation 3(1) also provides that the amendments made by Schedules 1 and 6 to the Act to the conduct rules for elections to the Northern Ireland Assembly in Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 ( S.I. 2001/2599 ) do not apply in respect of an election where the day of poll for the election is on or before 3 May 2023.

Regulation 3(2) provides that the duty under section 59A(1) of RPA 1983 (as inserted by paragraph 7 of Schedule 1 to the Act) for the Secretary of State to prepare and publish a report on the effect of voter identification requirements does not apply in respect of a parliamentary general election to which those voter identification requirements do not apply.

Regulation 3(3) provides that the amendments made by Schedule 6 to the Act to the conduct rules for local elections in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) do not apply in respect of an election where the day of poll for the election is on or before 3 May 2023.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment has been produced in relation to the Act and copies can be obtained at https://bills.parliament.uk/publications/44886/documents/1304 or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.