Freedom of Information Request – Electoral Registration

I refer to your request under the Freedom of Information Act regarding the Register of Electors. The registration of electors is governed by the Representation of the People Act 1983 as amended. Under Section 8 of the Act, the council must appoint an officer of the council to be the registration officer for any constituency or part of a constituency coterminous with or situated in the council’s area. I am the appointed officer for the registration area of Brighton & Hove City Council. My appointment as Electoral Registration Officer is separate to my appointment as Chief Executive and, although appointed by the council, the Electoral Registration Officer’s responsibilities and duties are personal. An example of this is that the register of electors is deemed to be the property of the Electoral Registration Officer, not the local authority.

The Electoral Registration Officer does not carry out the duties on behalf of the local authority but in her own personal capacity. A list of public bodies and local authorities that are subject to the provisions of the Freedom of Information Act is available at the following website:

http://www.foi.gov.uk/yourRights/publica...

As you will see, the Freedom of Information Act does not list any person appointed under the Representation of the People Act 1983. It follows that the Electoral Registration Officer, Returning Officer or any other person appointed under the Act are not subject to the provisions of the Freedom of Information Act.

Details of persons and organisations that are entitled to receive free copies or to be sold copies of the register of electors are governed by Regulations 97 – 114 of the Representation of the People Regulations 2001, as amended.

Notwithstanding that there is no statutory obligation to provide this information, details of the sales of the register in the last two years are as follows:

 2012/13 Full Register – £2628.00 (published 16 October 2012)
 2012/13 Edited Register – £15.00
 2013/14 Full Register – £2280.50 (published 17 February 2014)
 2013/14 Edited Register – £30.00

• the full register has been sold to credit referencing companies under Regulation 114 of the Representation of the People Regulations 2001, as shown below. The Electoral Registration is obliged to see the register under that Regulation. The charges raised for the sale of the register are in accordance with Paragraph 5 of Regulation 111 of the above regulations. The full register is only sold to Credit Referencing Agencies that can produce a valid certificate issued under Part III of the Consumer Credit Act 1974 by the Department of Trade and Industry.

Artistotle International Europe Ltd
Callcredit Ltd
Crediva Ltd
Experian Ltd
Equifax Ltd

• The Edited register can be bought by anyone who asks for a copy, and they may use it for any purpose, but all electors are given the opportunity to opt out of having their details included in this register. We do not ask people for what purpose they buy this version. We do not sell many edited registers.