FOI request (FOIR-117484921)

Brexit Party

Requested Tue 07 May 2019
Responded Thu 23 May 2019

Response

I refer to your request under the Freedom of Information Act 2000.

In relation to the function of registering 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 coterminous with or situated in the council’s area. Jane Hartnell is the appointed Electoral Registration Officer for Hastings. The appointment as Electoral Registration Officer is a separate appointment.  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 their own personal capacity. A list of public bodies and local authorities that are subject to the provisions of the Freedom of Information Act is included in Schedule 1 to the Freedom of Information Act 2000. A list of public bodies that are subject to the provisions of the Freedom of Information Act is available at the following website:

https://www.gov.uk/make-a-freedom-of-information-request/organisations-you-can-ask-for-information

As you will see, the Freedom of Information Act does not list any person appointed under the Representation of the People Act 1983. The Electoral Registration Officer is not subject to the provisions of the Freedom of Information Act.

As such, the Council is not is not obliged to respond to this request.