Legalize / United Kingdom / Statutory-Instrument

The Police and Crime Commissioner Elections Order 2012

Type Statutory-Instrument

Publication 2012-07-24

Last updated 2026-02-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(a) may send the registration officer that application without the national insurance number, and

(b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.

Additional requirements: applications where address for ballot papers differs from address in application

12

(1) Sub-paragraph (2) applies where—

(a) in the case of an application to vote by post under paragraph 3(1), the addresses stated in accordance with paragraph 11(1)(b) and (d) are different;

(b) in the case of an application by a proxy to vote by post under paragraph 7(4), the proxy's address stated in accordance with paragraph 11(1)(c) and the address stated in accordance with paragraph 11(1)(d) are different.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with paragraph 11(1)(d).

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements: applications for ballot papers to be sent to different address from address in record

13

(1) Sub-paragraph (2) applies to an application—

(a) under paragraph 3(5)(a) of this Schedule by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 ..., or

(b) under paragraph 7(6) of this Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 ...,

for the ballot paper to be sent to a different address from that shown in the record.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election

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(1) Sub-paragraph (2) applies to an application for the appointment of a proxy under paragraph 3.

(2) The application must state the full name and address of the person whom the applicant (“P”) wishes to appoint as proxy, ... and—

(a) if it is signed only by P, must contain a statement that P has consulted the person so named and that that person is capable of being and willing to be appointed to vote as P's proxy, or

(b) if it is also signed by the person to be appointed as proxy, must contain a statement that the person is capable of being and willing to be appointed to vote as P's proxy.

(3) The application must set out why the applicant's circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the applicant's allotted polling station.

(4) Where an application under paragraph 3(2)—

(a) is made on the grounds of the applicant's disability, and

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

the requirements of paragraph 15 apply to the matters to be specified and as to the attestation.

(5) Where an application mentioned in sub-paragraph (4) is made, the person attesting the application must state, in addition to the matters specified in paragraph 15, to the best of the attestor's knowledge and belief, the date upon which the applicant became disabled.

(5ZA) For the purposes of sub-paragraphs (4) and (5), an application on grounds of the applicant’s disability does not include an application on grounds relating to coronavirus within the meaning of paragraph 16(2A)(a), (b) or (c).

(5A) Where an application under paragraph 3(2)—

(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 PCC election for which it is made,

the requirements of paragraph 15A apply to the matters to be specified and as to attestation.

(6) Where an application under paragraph 3(2) is made by a person to whom paragraph 1(6) applies after 5pm on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (7) apply to the matters to be specified and as to attestation.

(7) Where an application mentioned in sub-paragraph (6) is made—

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

(b) the application must 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 must state—

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

(ii) that the person is authorised to make the attestation,

(iii) the person's position in the hospital at which the applicant is liable to be detained, and

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

(7A) Where an application under paragraph 3(2) is made after 5pm on the sixth day before the date of the poll at the PCC election for which it is made because the circumstances set out in sub-paragraph (2E) of paragraph 16 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.

(7B) Paragraph 16(5) applies for the purposes of sub-paragraph (7A) as it applies for the purposes of paragraph 16.

(8) This paragraph does not apply where an applicant has an anonymous entry.

(9) In this paragraph and in paragraph 15, references to an “allotted polling station”, in relation to an elector, are to the polling station to which the elector is, or is likely to be, allotted under the PCC elections rules.

Additional requirements referred to in paragraph 14(4)

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(1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(4).

(2) The application must specify the disability by reason of which it is made and must be attested and signed by—

(a) a registered medical practitioner,

(b) a registered nurse,

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989 ,

(e) a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010 ,

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993 ,

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 ,

(h) a Christian Science practitioner,

(i) a person registered as a member of a profession to which the Health Professions Order 2002 for the time being extends,

(j) the person carrying on a care home registered under Part 2 of the Care Standards Act 2000 where the applicant states that he or she is resident in that care home,

(ja) the person registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a care home service (within the meaning of that Act) provided wholly or mainly to persons aged 18 or over where the applicant states that he or she is resident at a place where that service is provided;

(k) the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he or she is resident in the premises where the warden works,

(l) a manager within the meaning of section 145(1) of the Mental Health Act 1983 (interpretation), or on behalf of such a manager, ...

(m) a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000 , or

(n) a person registered in the register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016.

(3) A person who qualifies—

(a) by virtue of any of paragraphs (a) to (i) of sub-paragraph (2), may not attest an application for these purposes unless—

(i) that person is treating the applicant for the disability specified in the application, or

(ii) the applicant is receiving care from that person in respect of that disability, or

(b) by virtue of paragraph (m) or (n) of sub-paragraph (2), may not attest an application for these purposes unless—

(i) that person is treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from that person in respect of that disability, or

(iii) that person has arranged care or assistance for the applicant in respect of that disability.

(4) The person (“A”) attesting the application must state—

(a) A's name and address and the qualification by virtue of which A attests the application;

(b) where A is a person referred to in sub-paragraph (3)(a), that—

(i) A is treating the applicant for the disability specified in the application, or

(ii) the applicant is receiving care from A in respect of that disability,

(i) A is treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from A in respect of that disability, or

(iii) A has arranged care or assistance for the applicant in respect of that disability,

(d) that, to the best of A's knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability, and

(e) that, to the best of A's knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by A.

(5) Where A is a person referred to in sub-paragraph (2)(l), A must (instead of the matters specified in sub-paragraph (4)(a)) state in the attestation—

(a) A's name,

(b) that A is authorised to attest the application,

(d) if applicable, the statutory provision under which the applicant is detained, or liable to be detained, at the hospital.

(6) Sub-paragraphs (2) to (5) do not apply where—

(a) the application is based on the applicant's severe sight-impairment and the applicant is registered by the local authority which is specified in the application as—

(i) a blind person under section 29(4)(g) of the National Assistance Act 1948; or

(ii) a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults),

(b) the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992) because of the disability specified in the application, ...

(c) the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application , ...

(d) the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application or,

(e) the application states that the applicant is in receipt of one of the following benefits (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018) because of the disability specified in the application—

(i) the higher rate of the mobility component of disability assistance for children and young people, ...

(ii) the enhanced rate of the mobility component of disability assistance for working age people , or

(iii) the higher rate of the mobility component of a Scottish adult disability living allowance.

(7) The fact that an applicant is registered ... as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults) or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014 is sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

Closing date for applications

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(1) Subject to sub-paragraph (2) and (2C), an application under paragraph 3(2) ... or 5(4) is to be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made.

(2) Where an application made under paragraph 3(2) ...is made—

(a) on the grounds of the applicant's disability and the applicant became disabled after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, or

(aza) on grounds relating to coronavirus, 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 the poll at the election for which it is made, or

(ab) in the circumstances set out in sub-paragraph (2E), or

(b) by a person to whom paragraph 1(6) applies,

the application, or an application under paragraph 5(4) made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2A) For the purposes of sub-paragraph (2)(aza), an application is made on grounds relating to coronavirus if it is made—

(a) because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;

(b) because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;

(c) because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;

(d) where A already has a person appointed as proxy under paragraph 5 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of paragraphs (a), (b) or (c) applies (reading references in those paragraphs to A as references to P).

(2B) In this paragraph—

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.

(2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.

(2E) The circumstances are that the application was—

(a) submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made,

(b) submitted via the digital service, and

(c) not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made due to a technical defect in the digital service.

(3) An application under paragraph 3(1), 3(5) or 7(6) is to be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at the PCC election for which it is made.

(4) A notice under paragraph 5(6) by an elector cancelling a proxy's appointment is to be disregarded for the purposes of a particular PCC election if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at that election.

(4A) Sub-paragraph (4B) applies to—

(a) any application or notice mentioned in sub-paragraphs (1) to (4);

(b) any application or notice mentioned in regulation 56 of the 2001 Regulations ..., that would otherwise have effect in relation to a PCC election by virtue of paragraphs 2 and 4(2)(a) or 4(3)(a).

(4B) An application or notice to which this sub-paragraph applies must be disregarded for the purposes of the particular PCC 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 local returning officer (except where it has been returned in accordance with paragraph 41 or 42 (spoilt and lost postal ballot papers)).

(5) In computing a period of days for the purposes of this paragraph—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

is to be disregarded.

Grant or refusal of applications

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(1) Where the registration officer grants an application to vote by post, the officer must notify the applicant of that decision and the date of the poll of the PCC election for which the applicant may vote by post.

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

(3) Where the registration officer refuses an application under Part 1 of this Schedule, the officer must notify the applicant, stating the reason for the refusal.

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

(a) paragraph 3(5)(a) by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 ..., or

(b) paragraph 7(6) by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 ...,

the officer must notify the applicant.

(4A) Sub-paragraphs (4B) to (4E) apply where—

(a) sub-paragraph (2) of paragraph 12 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored, or

(b) sub-paragraph (2) of paragraph 13 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored.

(4B) A notification under sub-paragraphs (1) or (4) 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 a service declaration;

(b) 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 has an anonymous entry.

(4C) Where paragraphs (a) to (d) of sub-paragraph (4B) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with sub-paragraphs (1), (3), (4) or (6), 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.

(4D) A notification under sub-paragraph (4C) must be delivered to—

(a) where both sub-paragraphs (4)(b) and (4A)(b) apply, the address shown in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000;

(b) otherwise—

(i) the address stated in the application in accordance with paragraph 11(1)(b), or

(ii) the proxy’s address stated in the application in accordance with paragraph 11(1)(c).

(4E) In sub-paragraphs (4B) and (4C), the “postal ballot delivery address” means—

(a) where sub-paragraph (4A)(a) applies, the address stated in the application in accordance with paragraph 11(1)(d);

(b) where sub-paragraph (4A)(b) applies, the different address described in paragraph 13(1).

(5) The registration officer must, where practicable, notify the elector of the following, in each case stating the reason—

(a) where the appointment of a proxy is cancelled by the elector, that the appointment has been cancelled, or

(b) where the appointment otherwise ceases to be in force, that the appointment has ceased.

(6) Where, under paragraph 16, a registration officer refuses an application or disregards a notice for the purposes of any PCC election, the officer must notify the applicant of this.

Cancellation of proxy appointment

18

(1) Sub-paragraph (2) applies where the appointment of a proxy—

(a) is cancelled by notice given to the registration officer under paragraph 5(6),

(b) otherwise ceases to be in force under paragraph 5(7).

(2) The registration officer must notify the person whose appointment as proxy has been cancelled, has expired or is no longer in force, unless the registration officer has previously been notified by that person that the person no longer wishes to act as proxy.

Marked register for polling stations

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

Absent voting lists: supply of copies etc

20

(1) Any person who, in accordance with any of the provisions listed in sub-paragraph (2), is entitled to be supplied with copies of the full register is also a person entitled to request that the registration officer supply the relevant part (within the meaning of the listed provisions) of a copy of any of the following information which the registration officer keeps—

(a) the current version of the information which would, in the event of a particular PCC election, be included in the postal voters list, the list of proxies or the proxy postal voters list;

(b) the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists.

(2) The listed provisions are—

(a) paragraph 3 of Schedule 1 (supply of full register etc to police and crime commissioner and restrictions on use);

(b) paragraph 5 of Schedule 1 (supply of full register etc to certain candidates and restrictions on use);

(c) regulation 105 of the 2001 Regulations (supply of full register etc to local constituency parties and restrictions on use);

(d) regulation 106 of the 2001 Regulations (supply of full register etc to registered political parties and restrictions on use).

(3) A request under sub-paragraph (1) must be made in writing and must 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

(4) In response to a request under sub-paragraph (1) that has been duly made, the registration officer must—

(a) as soon as practicable after receipt of the request, supply the current version of information requested;

(b) as soon as practicable after 5pm on the eleventh day before the day of the poll, supply a copy of any postal voters list or proxy postal voters list requested.

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

(a) make a copy of the postal voters list, the list of proxies or the proxy postal voters list available for inspection at the registration officer's office in accordance with paragraph 21;

(b) send a copy of those lists to each relevant returning officer (within the meaning of paragraph 1 of Schedule 1); and

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

(5A) The registration officer must, on a request made at any time, supply a relevant returning officer (within the meaning of paragraph 1 of Schedule 1) with a copy of the postal voters list, the list of proxies or the proxy postal voters list.

(6) As soon as practicable after 5pm on the day of the poll, the registration officer must supply to every person who received a copy of the list of proxies under sub-paragraph (5)(c) a further copy of that list which is updated to include any additions to the list that were made in consequence of any application within paragraph 16(2) or (2C) ... which was granted before 5pm on the day of the poll.

(7) Any information or lists supplied under this paragraph are to be supplied free of charge.

(8) A person who obtains any information under this paragraph may use it only for—

(a) purposes mentioned in Article 84A(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics); or

(b) electoral purposes,

and such use is also subject to the restrictions specified in paragraphs 23 and 24 or, where the request to the registration officer is made by reference to a provision listed in sub-paragraph (2), subject to any restrictions which would apply to the use of the full register under whichever of the listed provisions entitled the person to obtain the information.

(9) Any person who has obtained or is entitled to obtain a copy of information covered by sub-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 that person any copy of the information which the processor has obtained under this paragraph,

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

(10) A processor may not disclose information covered by sub-paragraph (1) except to the person who supplied it to the processor or to any other person, or an employee of such a person, who is entitled to obtain a copy of that information under this paragraph.

(11) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Absent voting lists: inspection

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(1) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph 20(1).

(2) A request under sub-paragraph (1) must be made in writing and must 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 printed or data form.

(3) The registration officer must make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request under sub-paragraph (1) that has been duly made.

(4) 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.

(5) A person who inspects a copy of information provided under sub-paragraph (3), whether in printed 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.

(6) Subject to any direction by the Secretary of State under article 6, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which the registration officer holds it.

Supply and inspection of absent voting lists: general provisions

22

(1) For the purposes of paragraphs 20 and 21—

(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,

(b) “processor” means a person who provides a service which consists of putting information into a data form and any reference to a processor includes a reference to a processor's employees, and

(2) The registration officer must ensure that, in supplying or disclosing information covered by paragraph 20(1)(a) in accordance with paragraph 20 or 21, the registration officer does not supply or disclose any record relating to—

(a) a person who has an anonymous entry, or

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

Restrictions on supply and disclosure of absent voter records or lists

23

(1) This paragraph applies to—

(a) the registration officer,

(b) any deputy registration officer, and

(c) any person appointed to assist a registration officer or who in the course of that person's employment is assigned to assist any such officer in that officer's registration duties.

(2) Where the registration officer is also the local returning officer at a PCC election (and thereby has access to the information covered by paragraph 20(1) without being supplied with a copy of it), this paragraph also applies to—

(a) the registration officer acting in the capacity of local returning officer, and

(b) any person appointed to assist the local returning officer or who in the course of that person's employment is assigned to assist that officer in that officer's duties in respect of the PCC election.

(3) No person to whom this paragraph applies may—

(a) supply to any person a copy of the information covered by paragraph 20(1), or

(b) disclose any of that information,

otherwise than in accordance with an enactment, including this Order.

(4) Nothing in sub-paragraph (3) applies to the supply or disclosure by a person to whom this paragraph applies to another such person in connection with that other person's registration duties or for the purposes of an election or referendum.

Restriction on use of absent voter records or lists or the information contained in them

24

(1) This paragraph applies to any person who has obtained access to the information covered by paragraph 20(1) by any means.

(2) No person to whom this paragraph applies may—

(a) supply a copy of the information or any part of that information,

(b) disclose any of that information, or

other than for a permitted purpose specified in sub-paragraph (3).

(3) The permitted purposes are—

(a) purposes mentioned in Article 84A(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics), or

(b) electoral purposes.

(4) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Supply and inspection of absent voting lists: offences

25

(1) A person is guilty of an offence—

(a) if the person contravenes paragraph 20(8) or (10), 21(5), 23(3) or 24(2), or

(b) if the person is an appropriate supervisor of a person (“P”) who contravenes any of those provisions and the supervisor failed to take appropriate steps.

(2) P is not guilty of an offence under sub-paragraph (1) if—

(a) P had an appropriate supervisor, and

(b) P has complied with all the requirements imposed on P by P's appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if the person takes all reasonable steps to ensure that he or she complies with the provisions specified in sub-paragraph (1)(a).

(4) In sub-paragraphs (1)(b), (2) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (1)(a).

(5) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The personal identifiers record

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(1) The registration officer must maintain a record (“the personal identifiers record”), apart from the other records and lists which the officer is required to keep under Part 1 of this Schedule, of the signatures and dates of birth provided by persons whose applications under paragraph 3(1) or (2) or paragraph 7(4) were granted, until the expiry of twelve months from the date of the poll for the purposes of which the person's application for an absent vote was granted under paragraph 3(1) or (2) or paragraph 7(4).

(2) The personal identifiers record must contain the following information in respect of each absent voter on the postal voters list, list of proxies or proxy postal voters list—

(a) name,

(b) date of birth, and

(3) The registration officer may disclose information held in the personal identifiers records to—

(a) any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to in paragraph 51;

(b) any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Act , but only to the extent required to permit them to observe the proceedings.

Applications requiring applicants’ signature

27

(1) In order to be satisfied that an application complies with any requirements of this Schedule for the application to contain the applicant's signature and a statement of the applicant's date of birth, the registration officer may refer to—

(a) any signature and date of birth previously provided by the applicant to the registration officer or a returning officer, or

(b) any signature and date of birth previously provided by the applicant to the council by which the registration officer was appointed which the officer is authorised to inspect under regulation 35 of the 2001 Regulations for the purposes of the officer's registration duties.

(2) The registration officer may take such steps as appear necessary in order to be satisfied as to whether the applicant is unable to provide a signature (or a consistent or distinctive signature) due to any disability or inability to read or write.

PART 3 — Issue and receipt of ballot papers

Interpretation

28

In this Part of this Schedule—

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

“ballot paper envelope” and “covering envelope” have the meaning given in paragraph 38;

“issue” includes the original or any subsequent issue;

“postal voters' ballot box” means the ballot box referred to in paragraph 45(1)(a);

“receptacle for ballot paper envelopes” and other references to specified receptacles means the receptacles listed in paragraph 45(5);

“spoilt postal ballot paper” means a ballot paper referred to in paragraph 41;

“valid postal voting statement” means a postal voting statement which, in accordance with paragraph ...51, the local returning officer is satisfied is duly completed.

Combination of polls

29

(1) Where the poll at a PCC election is to be taken together under a relevant provision with the poll at one or more other elections or local referendums, the proceedings on the issue and receipt of postal ballot papers in respect of each election or local referendum may, subject to sub-paragraph (1A) and if the returning officers and counting officers concerned agree, be taken together.

(1A) Sub-paragraph (1) does not apply where the polls of a PCC election and any of the following are taken together—

(a) a local government election in Wales;

(b) an election described in section 15(1)(d)(v) of the Representation of the People Act 1985;

(2) In sub-paragraph (1), “relevant provision” means the provisions of section 15(1) or (2) of the Representation of the People Act 1985, as they have effect in relation to PCC elections by virtue of article 13 of this Order.

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

Form of postal voting statement: poll taken alone or combined with mayoral election only

30

(1) This paragraph specifies the form of the postal voting statement which is to be used for the purposes of rule 25 of the PCC elections rules.

(2) Form 2 or a form to like effect is to be used at a PCC election taken alone.

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

(4) Where—

(a) the proceedings at a PCC election and another election or referendum are taken together, and

(b) the proceedings on the issue and receipt of postal ballot papers at both elections are taken together,

the form of the postal voting statement which is to be used is the form of that statement which is required to be used at that other election or referendum , with the addition of the ... voting instructions for PCC elections.

(5) Form 4 or a form to like effect is to be used where—

(a) the proceedings at a PCC election and another election or referendum are taken together, but

(b) the proceedings the proceedings on the issue and receipt of postal ballot papers are not taken together.

(6) In this paragraph—

(a) references to a numbered form are to the form of that number which is set out in Part 4 of this Schedule;

(b) “the voting instructions for PCC elections” are—

“Vote for only one candidate by putting a cross [X] in the box next to your choice.”

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

31

Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the issue of postal ballot papers other than—

(a) the police area returning officer,

(b) the local returning officer, and

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

32

Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the police area returning officer,

(b) the local returning officer,

(d) a candidate,

(e) an agent (including an agent appointed under paragraph 33),

(f) a sub-agent, and

(g) where the proceedings on the receipt of postal ballot papers are taken together with those proceedings at another election or a local referendum, persons entitled to be present at the proceedings for any such other election or local referendum.

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

33

(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 authorised by the local returning officer in respect of each candidate and so long as the number authorised is the same in the case of each candidate.

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

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

(4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29, the officer to whom notice must be given under sub-paragraph (2), (3) or (5) is the returning or counting officer who issues the ballot papers.

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

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

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

(8) Where in this Part of this Schedule 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 does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

34

The local returning officer must make such arrangements as the officer thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of paragraphs (6) and (8) of article 22 (requirement of secrecy).

Time when postal ballot papers are to be issued

35

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

Procedure on issue of postal ballot paper

36

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

(2) A mark must 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 the elector's proxy, but without showing the particular ballot paper issued.

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

(4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29—

(a) one mark must be placed in the postal voters list or the proxy postal voters list under sub-paragraph (2) to denote that ballot papers have been issued in respect of all those elections or local referendums except that, where postal ballot papers are not so issued, a different mark must be placed in the postal voters list or the proxy postal voters list to indicate the election or local referendum in respect of which the ballot paper was issued, and

(b) the number of each ballot paper must be marked on the postal voting statement under sub-paragraph (3).

(5) At a PCC election where the proceedings at that election and another election or a local referendum are taken together but the proceedings on the issue and receipt of postal ballot papers are not, the colour of the postal ballot paper must also be marked on the postal voting statement sent with the ballot paper.

(6) Subject to sub-paragraph (7), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 38 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.

(7) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (6) must be sent (as the case may be) to the address to which postal ballot papers should be sent as mentioned paragraph 4(2) or 7(7).

Refusal to issue postal ballot paper

37

Where a local 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, the officer must not issue more than one ballot paper in respect of that elector at any one election.

Envelopes

38

(1) Sub-paragraphs (2) and (3) prescribe the envelopes which must be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 25 of the PCC elections rules).

(2) There must 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 is to be marked with the letter “B”.

(3) There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which is to 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) Sub-paragraphs (5) and (6) apply where—

(a) by virtue of provisions applied by article 13, the poll at a PCC election is taken together with the polls at an another election or local referendum, but

(b) the proceedings on the issue and receipt of ballot papers are not taken together under paragraph 29.

(5) The envelopes referred to in sub-paragraph (2) must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”.

(6) On the envelopes referred to in in sub-paragraph (3), after the words “Ballot paper envelope”, the words “for the [insert colour of ballot paper] coloured ballot paper”.

Sealing up of completed corresponding number lists and security of special lists

39

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

(2) Until the time referred to in paragraph 48(11), the local returning officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.

Delivery of postal ballot papers

40

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

(a) a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ,

(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 must be counted and delivered by the local returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

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

(4) Return postage must 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

41

(1) Where a postal voter (“PV”) has inadvertently dealt with PV's 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”), PV may return (either by hand or by post) to the local returning officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where PV exercises the entitlement conferred by sub-paragraph (1), PV must also return—

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

(b) where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued, whether spoilt or not, and

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraph (1) (and, where applicable, sub-paragraph (2)), the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day of the poll.

(4) Where the local returning officer receives the documents referred to in sub-paragraph (1) (and, where applicable sub-paragraph (2)), after 5 pm on the day before the day of the poll, the local returning officer must only issue another postal ballot paper or, as the case may be, ballot papers if PV returned the documents by hand.

(5) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (3)—

(a) paragraph 36 (except sub-paragraph (2)),

(b) paragraphs 38 and 39, and

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

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

(8) Where PV applies in person—

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

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

instead of delivering it in accordance with paragraph 40.

(9) The local returning officer must 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 the electoral number alone in the case of an elector who has an anonymous entry),

(b) the number of any postal ballot paper issued under this paragraph, and

Lost postal ballot papers

42

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

(a) the postal ballot paper, or

(b) the postal voting statement, or

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

(2) Such an application must include evidence of the postal voter's identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return—

(a) the documents referred to in sub-paragraph (1)(a) to (c) , and

(b) where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued,

which the postal voter has received and which have not been lost.

(4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.

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

(6) Subject to sub-paragraph (7), where the application is received by the local returning officer before 5 pm on the day of the poll and the local returning officer—

(a) is satisfied as to the postal 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,

the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers.

(7) Where the application is received by the local returning officer after 5 pm on the day before the day of the poll, the officer must only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.

(8) The local returning officer must 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 the electoral number alone in the case of an elector who has an anonymous entry),

(b) the number of any postal ballot paper issued under this paragraph, and

(9) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (6)—

(a) paragraph 36 (except sub-paragraph (2)),

(b) paragraphs 38 and 39, and

(10) Where a postal voter applies in person—

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

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

instead of delivering it in accordance with paragraph 40.

Alternative means of returning postal ballot paper or postal voting statement

43

(1) For the purposes of rule 49(2) of the PCC elections rules, the manner in which a postal ballot paper or postal voting statement at a PCC election for any police area may be returned to a polling station is by hand.

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

(3) Subject to sub-paragraphs (3A) and (4), the presiding officer of the polling station must deliver, or cause to be delivered, any postal ballot paper or postal voting statement returned to that station and any return of postal voting documents form to the local 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 47(1) of the PCC elections rules.

(3A) A postal ballot paper or postal voting statement may only be delivered to the local returning officer in accordance with sub-paragraph (3) if the requirements of paragraph 43A are met and the paper and statement are not rejected in accordance with paragraph 43B or 43D.

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

(5) Where the local 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 sub-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.

Notice of opening of postal ballot paper envelopes

44

(1) The local returning officer must 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 must 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 paragraph 33 to attend each opening.

Postal ballot boxes and receptacles

45

(1) The local returning officer must 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 must be marked “postal voters' ballot box” or “postal ballot box” (as the case may be) and marked with—

(a) the name of both the police area and the voting area in relation to which it is to be used at the PCC election, and

(b) where the proceedings at that election and another election or a local referendum are taken together, the name of the parliamentary constituency, ..., voting area or, as the case may be, the relevant local authority for which the election or local referendum is held.

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

(4) The local returning officer must then lock the ballot box (if it has a lock) and apply the officer's 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 local returning officer must 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 local returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope

46

(1) The local returning 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 local 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, must be placed in a postal voters' ballot box.

Opening of postal voters’ ballot box

47

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

(2) So long as the local 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 the officer.

(3) The last postal voters' ballot box and the postal ballot box must be opened at the verification of the ballot paper accounts under rule 49 of the PCC elections rules.

Opening of covering envelopes

48

(1) When a postal voters' ballot box is opened, the local returning officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 46(2)).

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

(3) The local returning officer must open separately each covering envelope (including an envelope described in paragraph 46(2)).

(4) The procedure in paragraph 51 applies where a covering envelope (including an envelope to which paragraph 46(2) applies) contains a postal voting statement.

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

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In carrying out the procedures in this paragraph and paragraphs 50 to 56, the local returning officer—

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

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

(9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the local returning officer must 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.

(10) A mark made under sub-paragraph (9) must be distinguishable from and not obscure the mark made under paragraph 36(2).

(11) As soon as practicable after the last covering envelope has been opened, the local returning officer must 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 sub-paragraph (9) and must seal such a packet.

Confirming receipt of postal voting statements

49

(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballot papers under paragraph 35 and the close of the poll, that the local returning officer confirm—

(a) whether a mark is shown 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, and

(b) whether the number of the ballot paper issued to the elector or the elector's proxy has been recorded on either of the lists kept by the local returning officer under sub-paragraphs (2) and (3) of paragraph 55.

(2) A request under sub-paragraph (1) must—

(a) be made by any method specified by the local returning officer, and

(b) include any evidence of the voter's identity requested by that officer.

(3) Where a request is received in accordance with sub-paragraph (2) the local returning officer must satisfy himself or herself that the request has been made by the elector or their proxy and, if satisfied that it was, provide confirmation of the matters under sub-paragraph (1).

Procedure in relation to postal voting statements

50

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

Procedure in relation to postal voting statements: personal identifier verification

51

(1) This paragraph applies in the circumstances described in paragraph 48(4).

(2) The local returning officer must satisfy himself or herself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.

(3) Where the local returning officer is not satisfied that the postal voting statement is duly completed, the officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope but there is a ballot paper, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the local returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and if any of them object to the officer's decision, the officer must add the words “ rejection objected to ”.

(5) The local returning officer must then examine the number (or numbers) on the postal voting statement against the number (or numbers) on the ballot paper envelope and, where they are the same, the officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b) that envelope has no number on it (or only one number when the postal voting statement has more than one),

the local returning officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope,

(b) the ballot paper envelope has been opened under sub-paragraph (6), or

(8) In the circumstances described in sub-paragraph (7), the local returning officer must place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number on the valid postal voting statement;

(b) in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—

(i) there is no ballot paper, or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, the local returning officer must mark the statement to indicate which ballot paper is missing;

(d) in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).

Postal voting statements: additional personal identifier verification

52

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

Opening of ballot paper envelopes

53

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

(2) The local returning officer must—

(a) place 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) place in the receptacle for rejected votes any other ballot paper which must be marked “provisionally rejected” and to which the ballot paper envelope is to be attached, and

(c) place in the receptacle for rejected ballot paper envelopes any ballot paper envelope which must 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 each case the missing ballot papers).

Retrieval of cancelled postal ballot papers

54

(1) Where it appears to the local returning officer that a cancelled postal ballot paper has been placed—

(a) in a postal voters' ballot box,

(b) in the receptacle for ballot paper envelopes, or

the officer must proceed as follows.

(2) The local returning officer must, on at least one occasion on which a postal voters ballot box is opened in accordance with paragraph 47, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled ballot paper,

(b) show the ballot paper number on the cancelled ballot paper to the agents,

(c) retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements (verification procedure),

(d) attach any cancelled postal ballot paper to the postal voting statement to which it relates,

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 41(7) or 42A(2), and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 52 of the PCC elections rules, re-lock (if it has a lock) and re-seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled ballot paper in accordance with sub-paragraph (2), the local returning officer and the officer's staff—

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

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

Lists of rejected postal ballot papers

55

(1) In respect of any election, the local returning officer must keep lists relating to rejected postal ballot papers or other postal voting documents as required by this paragraph.

(2) In the first list, the officer must 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, the officer must 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, the officer must record, for every postal voting statement in 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 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 officer must, subject to sub-paragraph (9), record in relation to any elector whose postal voting documents were rejected in accordance with paragraph 43B or 46B 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 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 document 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 paragraph 46(2)) and each ballot paper envelope.

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

Checking of lists of rejected ballot papers

56

(1) Where the local 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, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(2) 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 local returning officer receives a postal ballot paper without the postal voting statement to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(3) to see whether the number of that ballot paper is entered in that list.

(3) The local returning officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of the packets from every polling station in, as the case may be, the voting area, parliamentary constituency, ... electoral area or local authority area.

(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 local returning officer must retrieve that statement or paper.

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

Sealing of packets

57

(1) As soon as practicable after the completion of the procedure under paragraph 56(3) and (4), the local returning officer must make up into separate packets the contents of—

(a) the receptacle of rejected votes,

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

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

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

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

(g) the packets of rejected postal voting documents and accompanying return of postal voting documents forms made up in accordance with paragraphs 43C(2) and 46C(2),

and must seal up such packets.

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

Abandoned poll

58

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

(a) must 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 this Schedule, and

(b) must, notwithstanding paragraphs 48 to 53, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

(2) Paragraph (1) does not apply where ballot papers for more than one election have been issued together under paragraph 29.

Forwarding of documents

59

(1) The local returning officer must forward to the relevant registration officer at the same time as the local returning officer forwards the documents mentioned in rule 66 of the PCC elections rules—

(a) any packets referred to in paragraphs 39, 41(7), 42(5), 43(5)(b), 46A(3)(b), 48(11) and 57 (subject to paragraph 58), endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the police area for which the election was held and the name of the voting area for which the local returning officer acts, ...

(b) a completed statement of the number of postal ballot papers issued, which is to be in Form 5 set out in Part 4 of this Schedule or a form to like effect,

(2) Where, under a relevant provision (within the meaning of paragraph 29(2)), the poll at a PCC election is taken together with the poll at one or more other elections or local referendums, a separate statement in the form described in sub-paragraph (1)(b) must be completed for each election or local referendum.

(2A) Where the poll at a PCC election is taken together with the poll at a Senedd election under article 16 of the 2025 Order, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the PCC election.

(3) Where—

(a) any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 43(3)),

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

the local returning officer must 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 sub-paragraph (1).

(4) Rules 67 and 68 of the PCC elections rules apply to any packet or document forwarded under this paragraph except that in applying those rules the list compiled under paragraph 55(4) and (6) must be treated in the same manner as a counted ballot paper.

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

(6) For the purposes of computing the period referred to in sub-paragraph (5)—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

is to be disregarded.

(7) In sub-paragraph (3)(c), “spoilt postal ballot paper” has the meaning given in paragraph 41.

PART 4 — Forms referred to in Parts 1 to 3 of this Schedule

Forms

60

These are the forms referred to in Parts 1 to 3 of this Schedule .

SCHEDULE 3 — Rules for the conduct of PCC elections where poll not taken together with poll at another election

Form 6	Nomination of candidates (rule 5)
Form 7	Consent to nomination (rule 8)
Form 8A	Ballot paper (three or more candidates) (rule 19(1)(a))
Form 8B	Ballot paper (two candidates only) (rule 19(1)(b))
Form 9	Corresponding number list for issue of postal ballot papers at a PCC election (rule 20(2))
Form 10	Corresponding number list for use in polling station at a PCC election (rule 20(3))
Form 11	Official poll card (rule 28)
Form 12	Official postal poll card (rule 28)
Form 13	Official proxy poll card (rule 28)
Form 14	Official postal proxy poll card (rule 28)
Form 15	Notice for guidance of voters for exhibition in voting compartment (rule 30(1)(a))
Form 16	Notice for guidance of voters for exhibition inside and outside polling station (rule 30(1)(b))
Form 17	Certificate as to employment on duty on the day of the poll (rule 34(4))
Form 18	Declaration to be made by companion of a voter with disabilities (rule 41)

PART 1 — Rules for all PCC elections

GENERAL PROVISIONS

Timetable

1

The proceedings at the PCC election are to be conducted in accordance with the following Table.

Modification of timetable for the ordinary election in 2012

2

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

Computation of time

3

In computing any period of time for the purposes of rules 1 and 2—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

is to be disregarded, and any such day is not to be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the police area returning officer or local returning officer obliged to proceed with the counting of the votes on such a day.

PART 2 — Stages common to contested and uncontested elections

NOTICE OF ELECTION

Notice of PCC election

4

(1) Each police area returning officer must give public notice of the PCC election stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for making the payment required by rule 9 by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

(4) The police area returning officer must send a copy of the notice of election to the local returning officer for each voting area wholly or partly comprised in the police area.

(5) As soon as practicable after receipt of the copy of the notice of the PCC election, the local returning officer must give public notice of it at a place within the voting area for which the officer acts.

NOMINATION OF CANDIDATES

Nomination of candidates

5

(1) Each candidate must be nominated by a separate nomination paper, in Form 6 ... in Part 8 of this Schedule delivered to the police area returning officer at the place fixed for the purpose—

(a) by the candidate in person, or

(b) by the proposer or seconder of the candidate, or

(c) by the candidate's election agent on the candidate's behalf if the agent's name and address have been previously given to the returning officer as required by article 26 or are so given at the time the nomination paper is delivered.

(2) The nomination paper must state the candidate's—

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