Deletions

This document summarises the deletions process and should be read alongside Chapter 9 of Part 4: Maintaining the register throughout the year.

An elector will remain registered unless and until you determine that:

·  the person was not entitled to be registered in respect of the address

·  the person has ceased to be resident at the address or otherwise ceased to satisfy the conditions for registration

·  the person was registered as the result of an application for registration made by someone else (i.e. not the individual whose details are provided on the application and who has declared that the information provided is true) or the person’s entry has been altered as the result of an application for a change of name made by someone else.

In some cases, you can determine that a person needs to be removed from the register without a review, while in others a review process needs to be followed before a determination can be made. Once you have determined that someone is no longer entitled to be registered, they must be deleted from the register.

Deletions without a review (summary removals)

Electors can be deleted in the following circumstances without the need for a review. You are not required to write to confirm deletions made in these circumstances. In all other circumstances you must carry out a review before deleting a person’s entry on the register (see Table 2 below).

Table 1 – deletions without a review

Evidence / Delete without review
a) / You have been given a death certificate in respect of the elector / P
b) / The registrar of births and deaths has notified you that the elector has died / P
c) / Informed through the IER Digital Service or another Electoral Registration Officer that a person registered in your area has made an application for registration elsewhere and has indicated that they have ceased to reside at the address in your area, and the new ERO has allowed the application / P
d) / Information from at least two different sources[1] that support a determination that the elector is no longer entitled to be registered at the address. For example, two of the following (this is not an exhaustive list):
·  A landlord (or other person connected to the address) informs you that the elector is no longer resident
·  A communication sent to an existing elector is returned as undeliverable / return to sender / not at this address
·  Elector has been removed from the Council Tax account at the address
·  The elector contacts you to advise that they have moved away
·  Advised by a family member that an elector has died/moved away
·  A name crossed off a pre-printed HEF / P

Reviews

If you consider that an elector may no longer be entitled to be registered and they cannot be deleted under Table 1 above, you must conduct a review of their entitlement to be registered.


There are three types of review, the choice of which to undertake is at your discretion. The three types of review, including in what circumstances you would choose a particular type, are shown in Table 2 below. Further information on reviews is contained in Chapter 10 of Part 4 - Maintaining the register throughout the year of our guidance to EROs.

Table 2 – Types of reviews

/ Type A review
Elector is not or was not entitled to be registered or has an entry in the register which results from or was altered as a result of an application made by another person / Type B review
Requires elector to provide additional information/evidence / Type C review
When you decide to go directly to a hearing /
Examples when you might use / ·  Other records indicate elector has moved
·  Poll card returned as ‘undelivered’ and you believe the person is no longer resident
·  You have information to suggest that the person was registered as the result of an application made by someone else
·  Where you have information to suggest the elector is no longer entitled to be registered, but only from only one source / You have doubts as to one or more of the eligibility criteria and can’t confirm through other records.
For example, you could require evidence of age or nationality if you doubt eligibility on either of these grounds / ·  Your position and that of the elector is clear and it is more practicable to have a hearing than a Type A or B review by correspondence. Type C reviews can be completed in a shorter timescale than types A and B and so may be particularly appropriate close to a determination deadline
·  At request of the elector
NOTE: hearings are quasi-judicial and should be undertaken by the ERO or an appointed Deputy
What the notice must/
should include[2] / The notice must include:
·  A statement that you are of the opinion that the elector is or was not entitled to be registered, or has an entry in the register which results from or was altered as the result of an application made by another person, and the grounds for this opinion
The notice should include:
·  A statement that the elector has 14 calendar days beginning with the date of the notice to request a hearing, or the ERO may determine that they are not entitled to be registered
·  The date of sending / The notice must include:
·  A statement that you are not satisfied that the elector is entitled to be registered and your reasons
·  A requirement that the elector provide information/evidence as to their age or nationality as appropriate
The notice should include:
·  A statement that: the elector has 28 calendar days beginning with the date of the notice to supply the required evidence; and if they do not, their entry may be deleted
·  A statement that it is an offence to provide false information
·  The date of sending / The notice must include:
·  A statement that you intend to hold a hearing
·  The reason for the review
·  The time and place of the hearing
The notice should include:
·  The date of sending
·  A statement explaining that written representations are allowed
·  An explanation of who is entitled to attend the hearing (i.e. the elector and their representatives; anyone who appears to you to be interested)
Response
deadline / 14 calendar days
You must so far as is reasonably practicable take any relevant steps required as part of the review process in time to make your determination before publication of the revised register or notice of alteration. / 28 calendar days
You must so far as is reasonably practicable take any relevant steps required as part of the review process in time to make your determination before publication of the revised register or notice of alteration. / Hearing must be no earlier than 3 working days from the date of the notice; no upper time limit.
You must so far as is reasonably practicable take any relevant steps required as part of the review process in time to make your determination before publication of the revised register or notice of alteration.
Action / ·  Enter in list of reviews (except where the entry is anonymous, or in Scotland, in relation to the local government register, where the subject of the review is under the age of 16)
·  If no request for a hearing within 14 days, determine using any evidence you have received
·  Write to applicant/elector and/or objector, informing them of the outcome and state whether there is a right of appeal, including the time within which notice of appeal must be given, and any other information about the appeal that you consider appropriate / ·  Enter in list of reviews (except where the entry is anonymous, or in Scotland, in relation to the local government register, where the subject of the review is under the age of 16)
·  If satisfactory information and/or evidence is not provided within 28 days, proceed to a Type A review
·  If information and/or evidence is provided within 28 days, you must notify the elector of the outcome and state whether there is a right of appeal, including the time within which notice of appeal must be given, and any other information about the appeal that you consider appropriate / ·  Enter in list of reviews (except where the entry is anonymous, or in Scotland, in relation to the local government register, where the subject of the review is under the age of 16)
·  Hearing can proceed even if those entitled to attend fail to do so.
·  You may require evidence to be given on oath (or affirmation in Scotland) and may administer the oath. Religious and non-religious options should be available
Determination
·  You must take into account written representations from the subject of the review and from other interested parties in making your determination
·  Give your decision in writing
·  Make clear the appeal process[3] for anyone attending and where the applicant, elector and/or objector has failed to attend the hearing, you should write to them to inform them of the outcome and include details of their right of appeal, including the time within which notice of appeal must be given, and any other information about the appeal that you consider appropriate.

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[1] However, even where you are in receipt of two sources of information which are consistent, you must nevertheless still be satisfied that a person is not entitled to be registered before you make such a determination. Otherwise, further information can be requested or a review can be carried out.

[2] It is a legal requirement to send a notice to the elector, containing the relevant information for that review type. In each type of review, the form of the notice to be given is not prescribed but the content is.

[3] Applicants, electors or objectors have 14 calendar days beginning from the date of the decision in which to issue a notice of appeal