Legalize / United Kingdom / Statutory-Instrument

The Representation of the People (England and Wales) Regulations 2001

Type Statutory-Instrument

Publication 2001-02-09

Last updated 2026-02-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Additional requirements for applications for the appointment of a proxy

55

(1) An application under paragraph 4(2) of Schedule 4 to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

(1A) Paragraph (1) does not apply where the applicant has an anonymous entry.

(2) Where an application under paragraph 4(2) of Schedule 4—

(a) is made on the grounds of the applicant’s disability; and

(b) is made after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of regulation 53 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in paragraph (2) above is made, the person who attests the application shall state, in addition to those matters specified in regulation 53, to the best of his knowledge and belief, the date upon which the applicant became disabled.

(3A) Where an application under paragraph 4(2) of Schedule 4—

(a) is made on grounds relating to the applicant’s occupation, service or employment; and

(b) is made after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of regulation 55A as to the matters to be specified and the attestation shall apply.

(4) Where an application under paragraph 4(2) of Schedule 4 is made by a person to whom paragraph 2(5A) of that Schedule applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of paragraph (5) below as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in paragraph (4) above is made—

(a) the application shall additionally state the name and address of the hospital at which the applicant is liable to be detained; and

(b) the application shall be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983, of the hospital at which the applicant is liable to be detained, and the attestation shall state—

(i) the name of the person attesting the application;

(ii) his position in the hospital at which the applicant is liable to be detained;

(iii) that he is a person authorised to make the attestation; and

(iv) the statutory provision under which the applicant is liable to be detained in the hospital.

(5A) Where an application under paragraph 4(2) of Schedule 4 is made after 5pm on the sixth day before the date of the poll at the election for which it is made because the circumstances set out in paragraph (3F)(a) of regulation 56 apply, the application must (in addition to providing any other information required by this Part) state that it is being made because of those circumstances.

(6) This regulation does not apply where an applicant has an anonymous entry.

Closing date for applications

56

(1) An application under paragraph 3(1), (6) or (7), or 7(4) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

(1B) Paragraph (2) is subject to paragraph (2ZA).

(2) Subject to paragraph (3B), ... an application under paragraph 3(2) or 6(7) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.

(2ZA) An application under paragraph 6(7) of Schedule 4 which is made on grounds relating to voter identification must be disregarded for the purpose of a particular parliamentary or local government election in England if it is received by the registration officer after 5pm on the day of the poll at that election.

(2C) Paragraph (3) is subject to paragraph (3D).

(3) Subject to paragraphs (3A) and (3B), an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.

(3A) Where an application made under paragraph 4(2) of Schedule 4 is made—

(a) on the grounds of the applicant’s disability and the applicant became disabled after 5 p.m. on the sixth day before the date of the poll at the election for which it is made; or

(aa) on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 p.m. on the sixth day before the date of poll at the election for which it is made; or

(b) by a person to whom paragraph 2(5A) of that Schedule applies,

the application, or an application under paragraph 6(8) of that Schedule made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.

(3B) Where an application is made under paragraphs 4(2), 6(7) or 6(8) of Schedule 4 in relation to a relevant Welsh local government election—

(a) on the ground that the applicant cannot reasonably be expected to vote in person at a polling station as a result of complying with relevant legislation, Welsh Government advice or the advice of a registered medical practitioner in relation to coronavirus; or

(b) on the ground that any person appointed as a proxy to vote for an applicant under paragraph 6 of Schedule 4 is unable to attend a polling station and vote for that applicant as a result of complying with relevant legislation, Welsh Government advice or the advice of a registered medical practitioner in relation to coronavirus,

the application ... shall be refused if it is received after 5pm on the day of the poll at the election for which it is made.

(3C) In paragraph (3B), “relevant Welsh local government election” means a local government election in Wales the poll for which takes place before 31 May 2023.

(3D) Where an application is made under paragraph 4(2) or 6(8) of Schedule 4 in relation to a parliamentary election or a local government election in England on grounds relating to voter identification or in the circumstances set out in paragraph (3F), the application must be refused if it is received after 5pm on the day of the poll at the election for which it is made.

(3E) In paragraphs (2ZA) and (3D), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

(3F) The circumstances are that—

(a) the applicant submitted the application because an earlier application submitted by that applicant under paragraph 3(2) or 6(7) of Schedule 4 is to be disregarded for the purposes of the election referred to in paragraph (3D) because that earlier application—

(i) was submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the election referred to in paragraph (3D),

(ii) was submitted via the digital service, and

(iii) was not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the election referred to in paragraph (3D) due to a technical defect in the digital service, or

(b) the application referred to in paragraph (3D) meets the conditions specified in paragraphs (i), (ii) and (iii) of sub-paragraph (a).

(4) An application under paragraph 4(1) or 7(7) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it is made.

(5) An application under—

(a) paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or

(b) paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,

and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

(5A) Any application or notice mentioned in this regulation shall be disregarded for the purposes of a particular parliamentary or local government election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the returning officer (except where it has been returned in accordance with regulation 77 or 78 (spoilt and lost postal ballot papers)).

(6) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, ... Good Friday or a bank holiday shall be disregarded.

(7) In paragraph (6) above “bank holiday” means—

(a) in relation to a parliamentary general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00040] in any part of the United Kingdom, and

(b) in relation to a parliamentary by-election or a local government election, a day which is a bank holiday under that Act in England and Wales;

except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b), not (a), shall apply.

Grant or refusal of applications

57

(1) Where the registration officer grants an application to vote by post, he shall ... notify the applicant of his decision.

(1A) Where a registration officer grants an application to vote by post at a parliamentary election or a local government election in England, the notification under paragraph (1) must include—

(a) where the postal vote entitlement is for a particular election, the date of the poll for which the elector’s entitlement to vote by post has been granted;

(b) otherwise, the date on which the elector’s entitlement to vote by post ends.

(2) Where the registration officer grants an application for the appointment of a proxy, he shall confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.

(2A) Paragraph (2B) applies where—

(a) a registration officer grants an application to vote by proxy made under paragraph 3(2) of Schedule 4 by an elector who is registered in pursuance of an overseas elector’s declaration, and

(b) the resulting period for which that elector is entitled to vote by proxy ends after the 1st November on which the elector’s registration will end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act.

(2B) Where this paragraph applies, the confirmation under paragraph (2) must include an explanation that a fresh signature will be required from the elector prior to the 1st November described in paragraph (2A)(b), in order for the elector’s entitlement to continue after that date.

(3) The form of proxy paper ... in Form E is hereby prescribed for the purposes of paragraph 6(9) of Schedule 4 in respect of the appointment of a proxy for the purpose of voting at a local government election or local government elections in Wales.

(3A) The form of proxy paper in Form E1 is prescribed for the purposes of paragraph 6(9) of Schedule 4 in respect of the appointment of a proxy for the purpose of voting—

(a) at a parliamentary election, or at parliamentary elections;

(b) at a local government election, or at local government elections, in England.

(4) Where the registration officer refuses an application under Schedule 4, he shall notify the applicant of his decision and of the reason for it.

(4A) Where the registration officer grants an application made under—

(a) paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b) paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

he shall notify the applicant of this.

(4B) Where a person is removed from the record kept pursuant to paragraph 3(4) or 7(6) of Schedule 4, the registration officer shall where practicable notify him of this and the reason for it.

(4C) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall where practicable notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.

(5) Where, under regulation 56 above, a registration officer disregards an application for the purposes of any particular parliamentary or local government election, he shall ... notify the applicant of this.

(6) At a parliamentary election where the registration officer is not the acting returning officer for any constituency or part of a constituency in the area for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.

(7) Paragraphs (8) to (10) apply where—

(a) an application under Schedule 4 relates to voting at a parliamentary election or at a local government election in England, and

(b) either—

(i) paragraph (2) of regulation 51AA applies to that application, or would have applied if paragraph (3) of that regulation were ignored, or

(ii) paragraph (1) of regulation 51B applies to that application, or would have applied if paragraph (2) of that regulation were ignored.

(8) A notification under paragraph (1) or (4A) to one of the following types of applicants must also include a statement that ballot papers will be sent to the postal ballot delivery address—

(a) an applicant registered in pursuance of an overseas elector’s declaration;

(b) an applicant registered in pursuance of a service declaration;

(c) an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act);

(d) an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act);

(e) an applicant who has an anonymous entry.

(9) Where sub-paragraphs (a) to (e) of paragraph (8) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with paragraphs (1), (4), (4A) or (5), notify the applicant in writing that—

(a) the application has been granted, refused or disregarded, and

(b) where the application has been granted, ballot papers will be sent to the postal ballot delivery address.

(10) A notification under paragraph (9) must be delivered to—

(a) where paragraph (7)(b)(ii) applies and the notification is to be delivered to a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4, the address shown in that record;

(b) otherwise—

(i) the address stated in the application in accordance with regulation 51(2)(b), or

(ii) the proxy’s address stated in the application in accordance with regulation 51(2)(c).

(11) In paragraphs (8) and (9), the “postal ballot delivery address” means—

(a) where paragraph (7)(b)(i) applies, the address stated in the application in accordance with regulation 51(2)(d);

(b) where paragraph (7)(b)(ii) applies, the different address described in regulation 51B(1).

Notice of appeal

58

(1) A person desiring to appeal under section 56(1)(b) of the 1983 Act[^f00041] against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 57(4) above specifying the grounds of appeal.

(2) The registration officer shall forward any such notice to the appropriate county court in the manner directed by rules of court together in each case with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

(3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Cancellation of proxy appointment

59

Where the appointment of a proxy is cancelled by notice given to the registration officer under paragraph 6(10) of Schedule 4 or ceases to be in force under that provision or is no longer in force under paragraph 6(11)(b) of that Schedule, the registration officer shall—

(a) notify the person whose appointment as proxy has been cancelled, expired, ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy, and

(b) remove his name from the record kept under paragraph 3(4)(c) of Schedule 4.

Inquiries by registration officer

60

(1) The registration officer may, at such times as he thinks fit, make inquiries of a person—

(a) who is shown as voting by proxy in the record kept under paragraph 3(4) of Schedule 4 in pursuance of an application granted on the grounds set out in paragraph 3(3)(b) and (c) of that Schedule; or

(b) who immediately before the date of the commencement of Schedule 4 was entitled to vote by proxy for an indefinite period at parliamentary elections, local government elections or both in pursuance of an application granted on grounds corresponding to those set out in paragraph 3(3)(b) and (c) of Schedule 4 (physical incapacity, blindness, occupation, service or employment),

for the purpose of determining whether there has been a material change of circumstances.

(2) Where the grant of an application for a proxy vote for an indefinite or particular period was based on the grounds referred to in paragraph 3(3)(c) of Schedule 4 (or grounds corresponding to those grounds), the registration officer shall make the inquiries referred to not later than three years after the granting of the application or the last such inquiries, as the case may be.

(3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Records and lists kept under Schedule 4

61

(1) Any person entitled to be supplied in accordance with regulation 103, 105, 106 or 108 below with copies of the full register is also a person entitled, subject to this regulation and to regulation 61A, to request that the registration officer supply free of charge the relevant part (within the meaning of those regulations) of a copy of any of the following information which he keeps—

(a) the current version of the information which would, in the event of a particular parliamentary or local government election, be included in the postal voters lists, the list of proxies or the proxy postal voters lists, which he is required to keep under paragraph 5 or 7(8) of Schedule 4;

(b) the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists kept under paragraph 5 or 7(8) of Schedule 4.

(2) A request under paragraph (1) shall be made in writing and shall specify—

(a) the information (or the relevant parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list; and

(3) A person who obtains any information under this regulation may use it only for the permitted purposes specified in regulation 61A, and any restrictions—

(a) specified in that regulation, or

(b) which would apply to the use of the full register under whichever of regulation 103, 105, 106 or 108 entitled that person to obtain that information,

shall apply to such use.

(4) The registration officer shall supply a current copy of the information requested under paragraph (1), as soon as practicable after receipt of a request that is duly made.

(5) The registration officer shall supply a final copy of the postal voters list kept under paragraph 5(2) of Schedule 4, as soon as practicable after 5pm on the eleventh day before the day of the poll, in response to a request under paragraph (1) that has been duly made.

(6) As soon as practicable after 5pm on the sixth day before the day of the poll the registration officer shall—

(a) make a copy of the lists kept under paragraphs 5 and 7(8) of Schedule 4 available for inspection at his office in accordance with paragraphs (10) to (15); and

(b) at a parliamentary election, if he is not the acting returning officer for any constituency or part of a constituency in the area for which he is the registration officer, send to that officer a copy of those lists;

(c) supply a final copy of the postal voters lists or the list of proxies in response to every request under paragraph (1) that has been duly made.

(6A) At a parliamentary election, the registration officer must, on a request made at any time, supply the acting returning officer for any constituency or part of a constituency for which he is the registration officer with so much of the lists kept under paragraphs 5 and 7(8) of Schedule 4 as relate to that constituency or part of a constituency.

(7) The registration officer shall supply a final copy of the proxy voters list kept under paragraph 5(3) of Schedule 4, updated to include any additions to that list made in consequence of any applications granted in accordance with regulation 56(3A) or (3D), as soon as practicable after 5pm on the day of the poll, to every person who received that list in accordance with paragraph (6)(c).

(8) Any person who has obtained or is entitled to obtain a copy of information covered by paragraph (1) may—

(a) supply a copy of the information to a processor for the purpose of processing the information, or

(b) procure that a processor processes and supplies to them any copy of the information which the processor has obtained under this regulation,

for use in respect of the purposes for which that person is entitled to obtain such information.

(9) Paragraphs (2) and (3) and the condition in paragraph (9) of regulation 92 shall be taken to apply to the supply and processing of information supplied under this regulation as they apply to the supply and processing of the full register under Part 6 of these Regulations.

(10) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph (1).

(11) A request under paragraph (10) shall be made in writing and shall specify—

(a) the information (or relevant parts of the information) requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list;

(d) the date on which they wish to inspect the information; and

(e) whether they would prefer to inspect the information in a printed or data form.

(12) The registration officer shall make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

(13) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other means.

(14) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

(a) make copies of any part of it, or

(b) record any particulars in it,

otherwise than by means of hand-written notes.

(15) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act, any duty on a registration officer to supply a copy or make information available for inspection under this regulation, imposes only a duty to provide that information in the form in which he holds it.

(16) For the purposes of this regulation—

(a) a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9 a.m. on the date it is supplied; and

(b) any period of days shall be calculated in accordance with regulation 56(6) and (7).

(17) The registration officer shall ensure that where he supplies or discloses information covered by paragraph (1)(a) in accordance with this regulation, he does not supply or disclose any record relating to a person specified in paragraph (18).

(18) The persons specified in this paragraph are—

(a) a person who has an anonymous entry;

(b) the proxy of a person who has an anonymous entry.

Marked register for polling stations

62

To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the entry of that elector in any copy of the register, or part of it, provided for a polling station.

Certificate of employment at a parliamentary election

63

(1) The form of certificate in Form F is hereby prescribed for the purposes of rule 32(3) of the elections rules in Schedule 1 to the 1983 Act.

(2) The prescribed officer of police for those purposes is one of or above the rank of inspector.

PART V — ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation of Part V

64

For the purposes of this Part of these Regulations, unless the context otherwise requires—

“agent” includes the election agent and a person appointed to attend in the election agent’s place;

“ballot paper envelope” and “covering envelope” mean the envelopes referred to in regulation 74 below;

“postal ballot paper” means a ballot paper issued to a postal voter;

“postal voter” means an elector or proxy who is entitled to vote by post;

“postal voters' ballot box” means the ballot box referred to in regulation 81(1)(a);

“receptacle for ballot paper envelopes”, and other references to specified receptacles, means the receptacles referred to in regulation 81(5) below;

“spoilt postal ballot paper” means a ballot paper referred to in regulation 77(1) below;

“universal postal service provider” has the meaning given in Part 3 of the Postal Services Act 2011 to a “universal service provider”; and

“valid postal voting statement” means a postal voting statement which, in accordance with regulation 85 or 85A, the returning officer is satisfied has been duly completed.

Issue of Postal Ballot Papers

Combination of polls

65

(1) Where the polls at elections are taken together under—

(a) subsection (1) or (2) of section 15 of the 1985 Act (combination of polls at parliamentary ... and local government elections), or

(b) subsection (3) or (3AB) of section 36 of the 1983 Act (combination of polls at local elections)[^f00043],

the proceedings on the issue and receipt of postal ballot papers in respect of each election may, subject to paragraph (2) and if the returning officers concerned agree, be taken together.

(2) Paragraph (1) does not apply where the polls of a UK parliamentary election and a local government election in Wales are taken together.

Form of declaration of identity

66

The form of the postal voting statement for the purposes of rule 24 of the rules in Schedule 1 to the 1983 Act[^f00044] shall be—

(a) in Form G at a parliamentary election taken alone;

(b) in Form H at a parliamentary election where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at another election;

(c) in Form J at a parliamentary election where the poll is taken together with the poll at another election, but where the proceedings on the issue and receipt of postal ballot papers are not.

Persons entitled to be present at proceedings on issue of postal ballot papers

67

Without prejudice to the provisions of section 6A, 6B, 6C, 6D, or 6E of the Political Parties, Elections and Referendums Act 2000, no person may be present at the proceedings on the issue of postal ballot papers other than the returning officer and his clerks.

Persons entitled to be present at proceedings on receipt of postal ballot papers

68

(a) the returning officer and his clerks,

(b) a candidate,

(c) an election agent or any person appointed by a candidate to attend in his election agent’s place or, at an election of parish or community councillors, any person appointed by the candidate to attend at those proceedings, and

(d) any agents appointed under regulation 69 below.

Agents of candidates who may attend proceedings on receipt of postal ballot papers

69

(1) Each candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number he may be authorised by the returning officer to appoint so, however, that the number authorised shall be the same in the case of each candidate.

(2) Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the candidate to the returning officer before the time fixed for the opening of the postal voters' ballot box.

(3) Where postal ballot papers for more than one election are issued together under regulation 65 above, the returning officer to whom notice shall be given under paragraph (2) above and paragraphs (4) and (5) below is the returning officer who issues the postal ballot papers.

(4) If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(5) Agents may be appointed and notice of appointment given to the returning officer by the candidate’s election agent instead of by the candidate.

(6) In this Part of these Regulations references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under paragraph (1) above, who are within the number authorised by the returning officer.

(7) A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(8) Where in this Part of these Regulations any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

70

The returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue of receipt or postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act[^f00045].

Time when postal ballot papers are to be issued

71

Postal ballot papers (and postal voting statements) must be issued by the returning officer as soon as it is practicable to do so.

Procedure on issue of postal ballot paper

72

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The number of the elector as stated in the register shall be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.

(3) A mark shall be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.

(4) The number of a postal ballot paper shall be marked on the postal voting statement sent with that paper.

(5) Where postal ballot papers for more than one election are issued together under regulation 65 above—

(a) one mark shall be placed in the postal voters list or the proxy postal voters list under paragraph (3) above to denote that ballot papers have been issued in respect of all those elections; except that, where ballot papers are not so issued, a different mark shall be placed in the postal voters list or proxy postal voters list to identify the election in respect of which the ballot paper was issued; and

(b) the number of each ballot paper shall be marked on the postal voting statement under paragraph (4) above.

(6) Where the poll at one election is taken with the poll at another election (under the provisions referred to in regulation 65 above) but not the proceedings on the issue and receipt of postal ballot papers, the colour of the postal ballot paper shall also be marked on the postal voting statement sent with that paper.

(7) Subject to paragraph (8), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in regulation 74 below are to be sent is—

(a) in the case of an elector, the address shown in the postal voters list;

(b) in the case of a proxy, the address shown in the proxy postal voters list.

(8) Where a person has an anonymous entry in the register, the items specified in paragraph (7) must be sent (as the case may be) to the address to which postal ballot papers should be sent—

(a) as shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4, or

(b) as given in pursuance of an application made under paragraph 4(1) or 7(4)(b) of Schedule 4.

Refusal to issue postal ballot paper

73

Where a returning officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same elector, he shall not issue more than one ballot paper in respect of that elector at any one election.

Envelopes

74

(1) Paragraphs (2) and (3) below prescribe the envelopes which are to be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 24 of the elections rules[^f00046]).

(2) There shall be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the postal voting statement (referred to as a “covering envelope”) which shall be marked with the letter “B”.

(3) There shall also be issued a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with-

(a) the letter “A”;

(b) the words “ballot paper envelope”, and

(c) unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed, the number of the ballot paper or, as the case may be, ballot papers.

(4) Where polls are taken together (under the provisions referred to in regulation 65 above) but not the proceedings on the issue and receipt of postal ballot papers—

(a) the envelope referred to in paragraph (2) above shall also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”, and

(b) on the envelope referred to in paragraph (3) above, after the words “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper] coloured ballot paper”.

Sealing up of counterfoils and security of special lists

75

(1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer shall make up into a packet the completed corresponding number lists of those ballot papers which have been issued and shall seal such a packet.

(2) Until the time referred to in regulation 84(9), the returning officer shall take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delivery of postal ballot papers

76

(1) For the purposes of delivering postal ballot papers, the returning officer may use—

(a) a universal postal service provider;

(b) a commercial delivery firm, or

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage shall be prepaid on envelopes addressed to the postal voters (except where paragraph (1)(c) above applies).

(4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Spoilt postal ballot papers

77

(1) If a postal voter has inadvertently dealt with his postal ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where a postal voter exercises the entitlement conferred by paragraph (1), he shall also return—

(a) the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not;

(b) where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued, whether spoilt or not; and

(3) Subject to paragraph (3A) on receipt of the documents referred to in paragraph (1) and, where applicable paragraph (2) above, the returning officer shall issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5pm on the day of the poll.

(3A) Where the returning officer receives the documents referred to in paragraph (1) and, where applicable paragraph (2), after 5pm on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returned the documents by hand.

(4) Regulations 72 (except paragraph (3)), 74, 75 and, subject to paragraph (7) below, 76 above shall apply to the issue of a replacement postal ballot paper under paragraph (3) above.

(5) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with paragraph (1) or (2) shall be immediately cancelled.

(6) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(7) Where a postal voter applies in person—

(a) by 5pm on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b) after 5pm on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with regulation 76.

(8) The returning officer shall enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

(a) the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, his electoral number alone);

(b) the number of the postal ballot paper (or papers) issued under this regulation; and

Lost postal ballot papers

78

(1) Where a postal voter claims either to have lost or not to have received—

(a) his postal ballot paper, or

(b) the postal voting statement, or

by the fourth day before the day of the poll, he may apply (whether or not in person) to the returning officer for a replacement ballot paper.

(2) Such an application shall include evidence of the voter’s identity.

(2A) Where a postal voter exercises the entitlement conferred by paragraph (1), he shall return—

(a) the documents referred to in paragraph (1)(a) to (c); and

(b) where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued,

which he has received and which have not been lost.

(2B) Any postal ballot paper or postal voting statement returned in accordance with paragraph (2A) shall be immediately cancelled.

(2C) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.

(3) Subject to paragraph (3A) where the application is received by the returning officer before 5pm on the day of the poll and the returning officer—

(a) is satisfied as to the voter’s identity, and

(b) has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return.

he shall issue another postal ballot paper or, as the case may be, postal ballot papers.

(3A) Where the application is received by the returning officer after 5pm on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, other ballot papers if the postal voter applied in person.

(4) The returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)—

(a) the name and number of the elector as stated in the register (or, in the case of an elector who has an anonymous entry, his electoral number alone);

(b) the number of the postal ballot paper issued under this regulation; and

(5) Regulations 72 (except paragraph (3)), 74, 75 and, subject to paragraph (6) below, 76 above shall apply to the issue of a replacement postal ballot paper under paragraph (3) above.

(6) Where a postal voter applies in person—

(a) by 5pm on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b) after 5pm on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with regulation 76.

Receipt of Postal Ballot Papers

Alternative means of returning postal ballot paper or postal voting statement

79

(1) For the purposes of rule 45(1B) of the rules in Schedule 1 to the 1983 Act[^f00047] the manner in which a postal ballot paper or postal voting statement may be returned to a polling station is by hand.

(2) For these purposes, the manner in which such a paper or statement may be returned to the returning officer is by post or by hand.

(2A) For elections other than local government elections in Wales, subject to paragraphs (2B) and (4) the presiding officer of the polling station must deliver, or cause to be delivered—

(a) any postal ballot paper or postal voting statement, and

(b) any return of postal voting documents form,

returned to that station to the returning officer in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

(2B) A postal ballot paper or postal voting statement may only be delivered to the returning officer in accordance with paragraph (2A) if the requirements of regulation 79A are met and the paper and statement are not rejected in accordance with regulation 79B or 79D.

(3) For local government elections in Wales, subject to paragraph (4) the presiding officer of the polling station shall deliver, or cause to be delivered, any postal ballot paper or postal voting statement returned to that station to the returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

(4) The returning officer may collect, or cause to be collected, any postal ballot paper or postal voting statement or return of postal voting documents form which by virtue of paragraph (2A) or (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.

(4A) For elections other than local government elections in Wales, where the returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement or return of postal voting documents form in accordance with paragraph (4) the presiding officer must first make up into separate packets sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet—

(a) the postal ballot papers and postal voting statements; and

(b) the return of postal voting documents forms for those postal ballot papers and postal voting statements.

(5) For local government elections in Wales, where the returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with paragraph (4) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals.

Notice of opening of postal ballot paper envelopes

80

(1) The returning officer shall give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.

(2) Such a notice shall specify—

(a) the time and place at which such an opening is to take place, and

(b) the number of agents a candidate may appoint under regulation 69(1) above to attend each opening.

Postal ballot boxes and receptacles

81

(1) The returning officer shall provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and

(b) postal ballot papers (“postal ballot box”).

(2) Each such ballot box shall be marked “postal voters' ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency or electoral area (or areas) for which the election (or elections) is held.

(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.

(4) The returning officer shall then lock the ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The returning officer shall provide the following receptacles—

(a) the receptacle for rejected votes;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the receptacle for rejected ballot paper envelopes;

(e) the receptacle for rejected votes (verification procedure); and

(f) the receptacle for postal voting statements (verification procedure).

(6) The returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this regulation.

Receipt of covering envelope

82

(1) For local government elections in Wales, the returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.

(1A) For elections other than local government elections in Wales, the relevant officer must, immediately on receipt by post of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters’ ballot box.

(2) Where an envelope, other than a covering envelope issued by the returning officer—

(a) has been opened, and

(b) contains a ballot paper envelope, postal voting statement or ballot paper,

the first-mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.

Opening of postal voters' ballot box

83

(1) Each postal voters' ballot box shall be opened by the returning officer in the presence of the agents.

(2) So long as the returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

(3) The last postal voters' ballot box and the postal ballot box shall be opened at the counting of the votes under rule 45 of the elections rules.

Opening of covering envelopes

84

(1) When a postal voters’ ballot box is opened, the returning officer shall count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in regulation 82(2)(above).

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) He shall open separately each covering envelope (including an envelope described in regulation 82(2) above).

(2) The procedure in regulation 85A applies where a covering envelope (including an envelope to which regulation 82(2) above applies) contains a postal voting statement.

(3) Where the covering envelope does not contain the postal voting statement separately, the returning officer shall open the ballot paper envelope to ascertain whether the postal voting statement is inside.

(4) Where a covering envelope does not contain a postal voting statement (whether separately or not), the returning officer shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In carrying out the procedures in this regulation and regulations 85 to 88, the returning officer—

(a) shall keep the ballot papers face downwards and shall take proper precautions for preventing any person from seeing the votes made on the ballot papers; and

(b) shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(7) Where an envelope opened in accordance with paragraph (1B) contains a postal voting statement, the returning officer shall place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(8) A mark made under paragraph (7) shall be distinguishable from and shall not obscure the mark made under regulation 72(3).

(9) As soon as practicable after the last covering envelope has been opened, the returning officer shall make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with paragraph (7) and shall seal such a packet.

Procedure in relation to declarations of identity

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opening of ballot paper envelopes

86

(1) The returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) He shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;

(b) in the receptacle for rejected votes, any other ballot paper which shall be marked “provisionally rejected” and to which shall be attached the ballot paper envelope; and

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper).

Lists of rejected postal ballot papers

87

(1) In respect of any election other than a local government election in Wales, the returning officer must keep the four separate lists relating to rejected postal ballot papers or postal voting documents specified in this regulation.

(1A) In respect of any local government election in Wales, the returning officer must keep the first, second and third lists specified in this regulation.

(2) In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.

(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that ballot paper is not received with the postal voting statement.

(4) In the third list, he shall record for every postal voting statement within the receptacle for rejected votes (verification procedure) immediately prior to sealing—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy),

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),

(d) any other information relating to the rejection that the returning officer considers appropriate, but not the ballot paper number.

(5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are as follows—

(a) the signature does not match the example held on the personal identifiers record,

(b) the date of birth does not match the one held on the personal identifiers record,

(d) the date of birth field is blank.

(6) In the fourth list, the returning officer must, subject to paragraph (9), record in relation to any elector whose postal voting documents were rejected in accordance with regulation 79B or 82B or were left behind postal voting documents—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy),

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),

(d) an indication as to whether the postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the postal voting statement, and

(e) any other information relating to the rejection that the returning officer considers appropriate, but not the postal ballot paper number.

(7) The specified reasons that may be given under sub-paragraph (6)(c) for the rejection of the postal voting documents are—

(a) the postal voting documents were handed in at a polling station or to the returning officer but the return of postal voting documents form was not fully completed with the required information;

(b) the postal voting documents were handed in at a polling station or to the returning officer but the number of postal voting documents handed in exceeded or was suspected to exceed the permitted number;

(c) the postal voting documents were handed in by a political campaigner who was not permitted to hand in those postal voting documents;

(d) the postal voting documents were left behind postal voting documents.

(8) In compiling the fourth list the returning officer must open separately each covering envelope (including an envelope described in regulation 82(2)) and each ballot paper envelope.

(9) The obligation in paragraph (6) does not apply where an elector’s rejected postal voting documents do not include a postal voting statement.

Checking of lists kept under regulation 87

88

(1) Where the returning officer receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(2) above to see whether the number (or numbers) of a postal ballot paper to which the statement relates is entered in that list.

(2) Where the returning officer receives a postal ballot paper without the postal voting statement to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(3) above to see whether the number of that ballot paper is entered in that list.

(3) The returning officer shall conduct the checks required by paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 43(1) of the elections rules.

(4) Where the ballot paper number in the list matches that number on a valid postal voting statement or, as the case may be, the postal ballot paper, the returning officer shall retrieve that statement or paper.

(5) The returning officer shall then take the appropriate steps under this Part of these Regulations as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.

Sealing of receptacles

89

(1) As soon as practicable after the completion of the procedure under regulation 88(3) and (4) above, the returning officer shall make up into separate packets the contents of-

(a) the receptacle of rejected votes,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the lists of spoilt, lost or cancelled postal ballot papers,

(e) the receptacle of rejected votes (verification procedure), and

(f) the receptacle of postal voting statements (verification procedure),

(g) the packets of rejected postal voting documents and accompanying return of postal voting documents forms made up in accordance with regulations 79C(2) and 82C(2),

and shall seal up such packets.

(2) Any document in those packets marked “provisionally rejected” shall be deemed to be marked “rejected”.

Abandoned poll

90

(1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

(a) shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of these Regulations; and

(b) shall, notwithstanding regulations 84 to 86 above, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

(2) Paragraph (1) above shall not apply where postal ballot papers for more than one election have been issued together under regulation 65 above.

Forwarding of documents

91

(1) The returning officer shall forward to the relevant registration officer determined in accordance with rule 55(1A) of the elections rules at the same time as he forwards the documents mentioned in rule 55 of the elections rules—

(a) any packets referred to in regulations 75, 77(6) , 78(2C) , 78A(2), 79(4A)(b), 82A(4)(b), 84(9) and 89 above, subject to regulation 90 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral area (or areas) for which the election (or elections) was held, and

(b) ... a completed statement in Form K in respect of a local government election in Wales, or Form K1 in respect of any other election, of the number of postal ballot papers issued.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where—

(a) any covering envelopes are received by the returning officer after the close of the poll (apart from those delivered in accordance with the provisions of regulation 79(2A) and (3) above);

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

the returning officer shall put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in paragraph (1) above.

(3A) A returning officer, shall at the same time as forwarding the documents mentioned in paragraph (1)—

(a) forward the lists required to be compiled under regulation 87(4) and (6) to the relevant registration officer determined in accordance with rule 55(1A) of the election rules, and

(b) where the constituency comprises any part of the area of more than one local authority, the returning officer shall also forward a copy of such extracts of the lists required to be compiled under regulation 87(4) and (6) as are relevant to each of the other registration officers concerned.

(3B) Sub-paragraph (b) of paragraph (3A) applies to an Authority election as if the reference to the constituency was a reference to the electoral area.

(4) Rules 56 and 57 of the elections rules shall apply to any packet or document forwarded under this regulation except that in applying those rules to the lists compiled under regulation 87(4) and (6), the lists and any extracts from it are to be treated in the same manner as a counted ballot paper.

(5) A copy of the statement referred to in paragraph (1)(b) above shall be provided by the returning officer to the Secretary of State and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day.

SCHEDULE 1 — ENABLING POWERS

These Regulations are made under the following powers:

(a) sections 10A(7) and (9)[^f00048], 13A(6), 36(3C)[^f00049], 53[^f00050] and 201(1) and (3)[^f00051] of, rule 24[^f00052] of Schedule 1 and Schedule 2[^f00053] to, the Representation of the People Act 1983 (“the 1983 Act”);

(b) sections 3(5), (6) and (7)[^f00054] and 15(5) of the Representation of the People Act 1985 (“the 1985 Act”);

(c) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)[^f00055], 9(2)[^f00056], 10A(1), (3), (6) and (7), 13(3), 13A(2), 13B(3), 14(1), 16, 56(1) and (5), 75(3) and 89(1) of, rules 24, 28(3), 29(3A)[^f00057], 32(3) and 45(1B)[^f00058] in Schedule 1 to, and paragraph 8(1) of Schedule 4 to, that Act;

(d) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the 1985 Act, section 2(3) of the 1985 Act[^f00059];

(e) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and paragraph 1(2) of Schedule 4 to the Representation of the People Act 2000, the following provisions in that Schedule, namely, paragraphs 3(1)(b) and (2)(c), 4(1)(b), (2)(c) and (4)(a), 6(7) and (8) and 7(5)(c) and (7);

(f) having regard to the designation[^f00060] of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972[^f00061] in relation to measures relating to the rights of citizens of the Union to vote at European Parliamentary elections and local government elections in England and Wales, that section 2(2); and

(g) paragraph 2(4)(b) of Schedule 1 to the European Parliamentary Elections Act 1978[^f00062].

SCHEDULE 2 — REVOCATIONS

1	2	3
Regulations revoked	References	Extent of revocation
The Representation of the People Regulations 1986	S.I. 1986/1081	The whole Regulations except regulations 1, 4 and 97 to 100
The Representation of the People (Amendment) Regulations 1990	S.I. 1990/520	The whole Regulations except regulations 29 to 31
The Representation of the People (Amendment) Regulations 1991	S.I. 1991/1198	The whole Regulations
The Representation of the People (Amendment) Regulations 1992	S.I. 1992/722	The whole Regulations
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994	S.I. 1994/342	Part I of the Schedule
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995	S.I. 1995/1948	Paragraphs 12 to 16 of Schedule 2
The Representation of the People (Amendment) Regulations 1997	S.I. 1997/880	The whole Regulations

SCHEDULE 3 — FORMS

Form A:	(official poll card to be sent to an elector voting in person)
Form A1:	official postal poll card to be sent to an elector voting by post
Form B:	(official proxy poll card to be sent to an appointed proxy voting in person)
Form B1:	official proxy postal poll card to be sent to an appointed proxy voting by post
Form C:	Return of expenses required by section 75 of the 1983 Act
Form D:	Declaration as to expenses required by section 75 of the 1983 Act
Form E:	Proxy paper (local government elections in Wales)
Form E1:	Proxy paper (parliamentary elections and local government elections in England)
Form F:	Certificate of employment
Form G:	postal voting statement for use at a parliamentary election taken alone
Form H:	postal voting statement for use when postal ballots are combined
Form J:	postal voting statement for use when a parliamentary poll is combined with another poll but the postal ballots are not combined
Form K:	Statement as to postal ballot papers (local government elections in Wales)
Form K1:	statement as to postal ballot papers (parliamentary elections and local government elections in England)
Form L1	Corresponding Number List for use at parliamentary election taken alone
Form L2	Corresponding Number List for use in polling station at parliamentary election taken alone
Form M1	Corresponding Number List for use when parliamentary election combined with a relevant election or referendum
Form M2	Corresponding Number List for use in polling station when parliamentary election combined with a relevant election or referendum

Form A (official poll card to be sent to an elector voting in person)

Front of form

Regulation 9(2)

Rear of form

Form A1: official postal poll card to be sent to an elector voting by post

Front of card

Rear of card

Form B (official proxy poll card to be sent to an appointed proxy voting in person

Front of form

Regulation 9(3)

Rear of form

Form B1: official proxy postal poll card to be sent to an appointed proxy voting by post

Front of card

Rear of card

Form C:

RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Form D:

DECLARATION AS TO EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

SCHEDULE 4 — APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 AND 1985 ACTS FOR REGISTRATION OF EUROPEAN PARLIAMENTARY OVERSEAS ELECTORS

1	2
Provision applied	Modification
PART I: THE 1983 ACT	PART I: THE 1983 ACT
Section 4(5) (attainers)[^f00063]
Section 9 (register of electors)[^f00064]	In subsection (1)(a) omit “for each constituency or part of a constituency”. In subsection (2) omit “Subject to section 9B(3) below,”.Omit subsection (2)(b).Omit subsections (5) to (8).
Section 10A (maintenance of registers: registration of electors), subsections (1)(a), (3), (3A), (4) and (9)	In subsection (3) after “register in question” insert “or by a person entitled to vote as an elector at an election to the European Parliament by virtue of section 8 of the European Parliamentary Elections Act 2002”. In subsection (4) for “Subsections (1) and (3) above” substitute “Subsections (1)(a) and (3) above”. In subsection (4) omit paragraph (b).In subsection (9) omit the definition of “resident”.
Section 13 (publication of registers)[^f00065]	For subsections (1) to (3) substitute:1Where a register under section 3 of the 1985 Act is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under this section as it has effect for the purposes of such registers..
Section 13A (alteration of registers)	In subsection (1)(b) for “by virtue of any provision of this Part of this Act” substitute “by virtue of any provision of the Representation of the People Act 1985”. In subsection (1)(c) omit “or 58”.In subsection (2)(b) for “sections 13B(1) and 13BA(1)” substitute “section 13B(1)”.For subsection (3) substitute:3Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—aat the beginning of the month containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1) or (3) as it has effect for the purposes of such registers, orbat the beginning of either of the two months preceding that containing the date on which revised versions of the registers of parliamentary and local government electors are next due to be published in accordance with section 13(1)(a) as it has effect for the purposes of such registers,and in such a case the alteration in question shall be made in those revised versions of the registers..
Section 13B (alteration of register: pending elections)	For subsection (4) substitute:4This section applies to elections to the European Parliament.. Omit subsection (6).
Section 13AB (alteration of registers: interim publication dates)	For subsection (4) substitute: 4This section applies to elections to the European Parliament.
Section 50 (effect of misdescription)	For paragraphs (a), (b) and (c) substitute “in the register”.
Section 52 (discharge of registration duties)[^f00066]	In subsections (1) and (4) after the word “Act” insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”.
Section 54 (payment of expenses of registration)[^f00067]	In subsection (1) after the word “Act” in the first place where it occurs, insert “and regulation 13 of the Representation of the People (England and Wales) Regulations 2001”.Omit subsection (3).
Section 56 (registration appeals: England and Wales)[^f00068]	In subsection (1) for paragraph (aa) substitute: aafrom any decision under section 2(2)(aa) of the Representation of the People Act 1985 of the registration officer that a person registered in a register of parliamentary electors in pursuance of a European Parliamentary overseas elector’s declaration was not entitled to be registered..In subsection (1) omit paragraphs (ab) and (b).
Section 63 (breach of official duty)[^f00069]	In subsection (3)—for paragraphs (a) to (d) substitute:aany registration officer,; andfor the words from “relating to” to the end of the subsection substitute “relating to the registration of European Parliamentary overseas electors”.
PART II: THE 1985 ACT	PART II: THE 1985 ACT
Section 2 (registration of British citizens overseas)[^f00070]	In paragraph (a) of subsection (1) omit “constituency or” and in paragraph (b) after “of that” insert “part of the”.In paragraph (c) of subsection (2) for the words from “parliamentary” to the end of that paragraph, substitute “local government electors”.In subsection (4) for “section 1” substitute “section 3”.In subsection (7) omit “constituency or”.In subsection (8) for “section 1(1)(a)” substitute “section 3(1)(a)”.
In section 12 (offences as to declarations etc), subsections (1), (2) and (4)	In subsection (1)(a) for the word “parliamentary” substitute “European Parliamentary”.

Signed

Mike O'Brien — Parliamentary Under-Secretary of State — 2001-02-09

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the Representation of the People Regulations 1986, as amended, (“the 1986 Regulations”) except Part VI of those Regulations (which relates to the procedure where the polls at more than one election are taken together). These Regulations are needed in consequence of changes made by the Representation of the People Act 2000 (“the 2000 Act”).

Part I of these Regulations is based on Part I of the 1986 Regulations (as amended). Regulation 5 of these Regulations is simpler than the equivalent provision in the 1986 Regulations and is intended (together with regulation 6) to facilitate the use of electronic communications. The fees in regulation 10 are increased from £1.50 as the fee for inspection and 15p as the fee for copies to £5 and 20p, respectively.

Regulation 12 of these Regulations exercises the power conferred by rule 29(3A)(b) of the parliamentary elections rules, as inserted by section 13(2) of the 2000 Act. This imposes on the returning officer a duty to supply to each polling station a device of a description prescribed in regulations to enable blind or partially sighted voters to vote without assistance.

Provision about the registration of relevant citizens of the Union as European Parliamentary electors which was made by regulation 14A of the 1986 Regulations, as amended, will be included in a separate set of regulations.

Part II of these Regulations is based on Part II of the 1986 Regulations (as amended). However, the provision in the latter in respect of patients' declarations is omitted consequent on the replacement of section 7 of the 1983 Act (subsections (2) to (9) of which provided for such declarations) by the 2000 Act. This has resulted in the omission of this category of declaration.

Part III of these Regulations differs from Part III of the 1986 Regulations because it no longer includes provision about electors lists (whether or not in the form of the draft register). This is because the changes made by Schedule 1 to the 2000 Act abolished the need for such lists consequent on the introduction of “rolling registration”. Under this system the register of electors continues in force indefinitely (although revised versions of it will be produced at least once a year). This contrasts with the previous system under which the register remained in force for one year and was compiled by reference to residence on a qualifying date.

In spite of these changes the following regulations are in substance the same as provisions in the 1986 Regulations (including provisions in those Regulations about amendments to the published register). These regulations are regulations 23 and 24, 26 to 32, 35 to 40 and 42 to 45. Regulation 41 (order of names) no longer includes provision about the numbering of names in the register (because that is provided for in section 9(3) and (4) of the 1983 Act, as substituted by Schedule 1 to the 2000 Act); it also enables the registration officer, rather than the council which appointed him, to determine when street order is not a reasonably practicable way of arranging the register.

Regulation 25 extends the duty on registration officers to send out reminders to all persons registered in pursuance of a declaration and not just overseas electors; it thereby covers those who made service declarations and declarations of local connection.

Under section 10A(5) of the 1983 Act (as substituted by Schedule 1 to the 2000 Act) a person who is duly entered in a register is entitled to remain there until the occurrence of any of the circumstances set out in that provision. Paragraph (b) of that provision enables regulations to set out circumstances for these purposes and regulation 33 exercises that power.

Amongst the circumstances set out in section 10A(5) are those where no form used for the purposes of the annual canvass (under section 10(4) of the 1983 Act, as substituted by Schedule 1 to the 2000 Act) has been returned in respect of someone included in the register. Regulation 34 exercises the power in section 10A(7) to enable such a name to be included in the register for the period of one year only notwithstanding the absence of a return.

Regulation 35 is a new provision which enables the registration officer to inspect the records listed in that regulation for electoral registration purposes. Regulation 36 specifies notices for the purposes of sections 13(3), 13A(2) and 13B(3) of the 1983 Act (as substituted by Schedule 1 to the 2000 Act). Regulation 37 makes provision about notification where one registration officer is informed by a person who has moved into his area that he no longer resides in the area of another registration officer.

Regulation 46 repeats the substance of the existing rules on the free supply of copies of the register but adds the Electoral Commission and returning officers at elections to the Greater London Authority to the list of officers to whom copies of revised version of the register (and list of overseas electors) are to be supplied free of charge on publication. Regulation 47 repeats the substance of the existing rules on the free supply of copies of the register on request but adds political parties registered under Part II of the Political Parties, Elections and Referendums Act 2000 to the list of recipients. In the case of both regulations the copy is to be supplied in data form, subject to exceptions. Regulations 48 and 49 make fresh provision about the sale of copies of the register (and list of overseas electors).

Part IV of these Regulations supplements the new rules about absent voting which are set out in Schedule 4 to the 2000 Act. Those rules differ from the existing rules (in sections 5 to 9 of the Representation of the People Act 1985) in that persons are entitled to apply to vote by post without the need to put forward a reason for doing so. Accordingly, the additional requirements set out in regulations 53 to 55 of these Regulations closely resemble the equivalent provisions in the 1986 Regulations except that they are limited to persons applying to vote by proxy.

Regulation 56 (which sets the closing dates by which applications for an absent vote must be received by the registration officer to be effective for the purposes of a particular election) differs from the equivalent provision in the 1986 Regulations (as amended) in that, in most cases, the closing date is now the sixth working day before the date of the poll. Regulation 57(6) enables a returning officer at a parliamentary election who is not the registration officer for a particular part of his constituency to be informed of applications which are granted before that date (when the lists referred to in regulation 61(3) are published). The remaining regulations in Part IV of these Regulations are in substance the same as the equivalent provisions in the 1986 Regulations.

Part V of these Regulations differs in a number of respects from Part V of the 1986 Regulations.

Regulation 71 is a new provision which is designed to ensure that, subject to special provision in paragraph (1) in respect of those entitled to vote by post for a definite or indefinite period, a postal ballot paper is issued as soon as practicable after the registration officer has granted the application. Since postal ballot papers will no longer be issued in batches, the provision about the persons entitled to attend the issue (regulation 67) has been amended to restrict the right to the returning officer and his staff.

Regulation 76 expands the existing provision as to the means by which postal ballot papers may be delivered to the voters. Regulation 78 is a new provision which allows postal ballot papers that have been lost in the post to be replaced.

Regulations 79, 87 and 88 are consequent on rule 45(1B) of the parliamentary elections rules, as inserted by Schedule 6 to the 2000 Act. This enables a postal ballot paper and a postal voting statement to be validly returned even if they are returned separately provided that they reach the returning officer or a polling station in the constituency in the manner provided by regulations before the close of the poll. Paragraphs (1) and (2) of regulation 79 prescribe the manner of return and regulations 87 and 88 provides the means of matching up postal ballot papers and declarations of identity that have been returned separately. The remaining regulations are in substance the same as those in Part V of the 1986 Regulations.

Footnotes

[^f00001]: 1983 c. 2.

[^f00002]: 1985 c. 50.

[^f00003]: 2000 c. 2.

[^f00006]: 1971 c. 80.

[^f00010]: Section 16 was amended by Schedule 1 to the 2000 Act.

[^f00012]: Sections 14 and 15 were amended by Schedule 1 to the 2000 Act.

[^f00015]: 1974 c. 23; section 3(1) was amended by Schedule 15 to the Criminal Justice Act 1988 (c. 33).

[^f00016]: Section 54 was amended by Schedule 4 to the 1985 Act.

[^f00019]: Section 2 was substituted by Schedule 2 to the 2000 Act.

[^f00020]: Section 56(1)(a) was amended by Schedule 1 to the 2000 Act.

[^f00021]: Section 10A was substituted by Schedule 1 to the 2000 Act.

[^f00022]: Section 4 was substituted by section 1(2) of the 2000 Act.

[^f00023]: Sections 7 and 7A were substituted and inserted by sections 4 and 5 of the 2000 Act.

[^f00027]: Sections 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

[^f00028]: Section 9 was substituted by Schedule 1 to the 2000 Act.

[^f00029]: Section 2 was substituted by Schedule 2 to the 2000 Act.

[^f00030]: Section 7B was inserted by section 6 of the 2000 Act.

[^f00032]: Section 4 was substituted by section 1(2) of the 2000 Act.

[^f00035]: The exercise of the powers in section 52(1) is made subject to section 7(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) and section 52(1A), as inserted by Schedule 21 to that Act, is relevant to those powers.

[^f00040]: 1971 c. 80.

[^f00041]: Section 56(1)(b) was amended by Schedule 2 to the 1985 Act.

[^f00043]: Section 36(3) was substituted by section 17 of the 1985 Act and section 36(3B) was inserted by Schedule 16 to the Local Government (Wales) Act 1994 (c. 19).

[^f00044]: Rule 24 was substituted by Schedule 6 to the 2000 Act.

[^f00045]: Section 66(6) was amended by Schedule 3 to the 1985 Act.

[^f00046]: Rule 24 was substituted by paragraph 10(3) of Schedule 6 to the 2000 Act.

[^f00047]: Rule 45(1B) was inserted by paragraph 10(4)(a) of Schedule 6 to the 2000 Act.

[^f00048]: Sections 10A and 13A were substituted by Schedule 1 to the 2000 Act.

[^f00049]: Section 36(3C) was substituted by section 17 of the 1985 Act.

[^f00050]: Section 53 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.

[^f00051]: Section 201(1) was amended by S.I. 1991/1728 and section 201(3) was inserted by Schedule 1 to the 2000 Act.

[^f00052]: Rule 24 was substituted by Schedule 6 to the 2000 Act.

[^f00053]: Schedule 2 was amended by Schedules 2 and 4 to the 1985 Act; Schedules 1 and 6 to the 2000 Act; Schedule 16 to the Local Government (Wales) Act 1994 (c. 19); and section 5 of the Representation of the People Act 1989 (c. 28). Schedule 2 has also been amended by section 9 of the 2000 Act but the amendments are not yet in force.

[^f00054]: Section 3 was substituted by Schedule 2 to the 2000 Act.

[^f00055]: Section 4 was substituted by section 1(2) of the 2000 Act.

[^f00056]: Sections 9, 10A, 13, 13A and 13B were substituted by Schedule 1 to the 2000 Act.

[^f00057]: Rule 29(3A) was inserted by section 13(2) of the 2000 Act.

[^f00058]: Rule 45(1B) was inserted by Schedule 6 to the 2000 Act.

[^f00059]: Section 2 was substituted by Schedule 2 to the 2000 Act.

[^f00060]: The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

[^f00061]: 1972 c. 68.

[^f00062]: 1978 c. 10.

Editorial notes

[^key-005378c3079ad5114d6bd3269ff56255]: Reg. 4 in force at 16.2.2001, see reg. 1(1)

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.