Representation of the People Act 1983
- (1) Where a person is entered in a register in respect of an address in Great Britain, the person is entitled to remain registered until the registration officer concerned determines that—
- (a) the person was not entitled to be registered in respect of the address,
- (b) the person has ceased to be resident at the address or has otherwise ceased to satisfy the conditions for registration set out in section 4, or
- (c) the person was registered as the result of an application under section 10ZC made by some other person or the person's entry has been altered as the result of an application under section 10ZD made by some other person.
- (2) Where a person's entitlement to remain registered terminates by virtue of subsection (1), the officer must remove the person's entry from the register.
- (3) A registration officer may make house to house inquiries for the purpose of deciding whether or not to make a determination under subsection (1).
- (4) Regulations may make provision about the procedure for making determinations under subsection (1), which may include provision requiring an officer to take prescribed steps before making a determination.
- (5) A registration officer in Great Britain must consider whether to make a determination under subsection (1) if the officer—
- (a) receives an objection to a person's registration in a register maintained by the officer, or
- (b) otherwise becomes aware of information that causes the officer to suspect that a condition in subsection (1)(a) to (c) may be met in relation to a person's entry in such a register.
- (6) Subsection (5)(a)—
- (a) applies only if the objection to the person's registration is made in accordance with the prescribed requirements by someone whose name appears in the register, and
- (b) does not apply if the person has an anonymous entry in the register.
- (7) Nothing in this section applies in relation to the registration of persons in pursuance of—
- (a) applications for registration made by virtue of section 7(2) or 7A(2), or
- (b) declarations of local connection, service declarations or overseas electors' declarations.
- (8) In this section “resident” means resident for the purposes of section 4.
Publication of registers.
Local elections void etc. in England and Wales.
Expenditure by returning officers at local elections in Wales
Other voting offences.
SCHEDULE ZA1
Introduction
1
This Schedule is about civil penalties under section 9E.
Amount
2
The amount of a civil penalty is to be specified in regulations.
Procedure
3
- (1) The procedure for imposing a civil penalty on a person is to be set out in regulations.
- (2) The regulations must, in particular, require the registration officer to give the person written notice specifying—
- (a) the amount of the penalty,
- (b) the reasons for imposing it, and
- (c) the date by which and manner in which it is to be paid.
4
Regulations may specify steps that a registration officer must take before imposing a civil penalty.
Reviews and appeals
5
- (1) Regulations may give a person on whom a civil penalty is imposed—
- (a) a right to request a review of the decision to impose the penalty;
- (b) a right to appeal against the decision to the First-tier Tribunal.
- (2) Regulations under this paragraph may, in particular—
- (a) specify the grounds on which a person may request a review or appeal;
- (b) specify the time within which a person must request a review or appeal;
- (c) require a person to request a review before appealing;
- (d) make provision about the procedure for a review;
- (e) make further provision about reviews and appeals (including provision as to the powers available on a review or appeal).
Power to create exceptions
6
Regulations may specify circumstances in which—
- (a) a civil penalty may not be imposed, or
- (b) a civil penalty may be cancelled.
Accounts and record keeping
7
Regulations may impose duties on registration officers about the keeping of accounts and other records in connection with civil penalties.
Interest and enforcement etc.
8
Regulations may—
- (a) allow interest to be charged on a civil penalty that is paid late;
- (b) allow an additional penalty to be imposed for late payment.
9
In this Schedule “civil penalty” includes any interest or additional penalty.
10
Regulations may make provision about the recovery of civil penalties by registration officers.
11
A civil penalty received by a registration officer is to be paid into the Consolidated Fund.
Power to make further provision
12
Regulations may make further provision about civil penalties.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
1B
- (1) Provision as to the information that a registration officer may or must require persons to give by virtue of regulations under paragraph 1(2), or must provide to persons, when conducting a canvass in Great Britain (whether as part of a canvass form or communication or otherwise).
- (2) Provision authorising or requiring a registration officer in Great Britain to complete canvass forms in part for people.
- (3) Provision as to the form and contents of declarations to be made by those responding to a canvass in Great Britain.
3ZA
- (1) Provision about applications under section 10ZC , 10ZD, 13BD or 13BE, including in particular provision about—
- (a) the form and contents of applications and of any declarations to be made in connection with them;
- (b) the manner in which applications and any such declarations are to be made.
- (2) Provision made under sub-paragraph (1) may include provision—
- (a) conferring functions on registration officers, or local or public authorities, to enable applications to be made in a particular manner;
- (b) conferring other functions on registration officers;
- (c) conferring functions on the Electoral Commission.
- (2A) Provision made under sub-paragraph (1) in relation to applications within sub-paragraph (2B) may include provision—
- (a) conferring functions on the Secretary of State to enable applications to be made in a particular manner;
- (b) authorising the Secretary of State, in prescribed circumstances, to complete applications in part for people.
- (2B) The following applications are within this sub-paragraph—
- (a) an application for registration in, or alteration of—
- (i) a register of parliamentary electors,
- (ii) a register of local government electors in England, or
- (iii) a register of local government electors in Scotland or Wales, where the application is submitted through the UK digital service;
- (b) an application under section 13BD or 13BE.
- (3) Provision requiring a person making an application under section 10ZC or 10ZD—
- (a) to provide evidence that he or she is the person named in the application;
- (b) to provide evidence of entitlement to be registered.
- (3A) Provision requiring a person making an application under section 13BD or 13BE to provide evidence that the person is the person named in the application.
- (4) Provision made under sub-paragraph (3) or (3A) must specify the kind of evidence that a person is required to provide.
- (5) Examples of the evidence that may be specified include a person's date of birth or national insurance number.
- (6) Provision made under sub-paragraph (3) or (3A) may require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description).
- (7) In sub-paragraph (2B)(a)(iii), “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.
3C
- (1) Provision authorising or requiring a registration officer conducting a canvass for the purposes of a register of local government electors in Scotland or Wales to take specified steps for the purpose of obtaining information where no response is received in respect of a particular address.
- (1A) Provision authorising or requiring a registration officer conducting a canvass for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England or in Scotland or in Wales—
- (a) to take specified steps for the purpose of obtaining any information that a registration officer may or must require persons to give by virtue of regulations under paragraph 1B(1) in respect of a particular address,
- (b) to take specified steps for the purpose of obtaining information where no response is received in respect of a particular address.
- (2) Provision authorising or requiring a registration officer in Great Britain to take specified steps to encourage a person to make an application under section 10ZC or 10ZD in response to an invitation to do so made by the officer.
- (3) Examples of the steps that a registration officer may be authorised or required to take under sub-paragraph (1), (1A) or (2) include writing to the person or visiting the person's address to speak to the person.
5B
- (1) Provision as to the steps that a registration officer in Great Britain must take, before appointing a person as proxy to vote for another, to ensure that the appointment complies with paragraph 6(3) or (3A) of Schedule 4 to the Representation of the People Act 2000.
- (2) Provision under sub-paragraph (1) may require another registration officer (including the Chief Electoral Officer for Northern Ireland) to provide information about whether the person has or will have an entry in a register maintained by that officer.
8B
- (1) Provision authorising or requiring a registration officer in determining an application under section 10ZC , 10ZD, 13BD, 13BE or 13C, in prescribed cases, to treat a prescribed person's statement of a fact as sufficient evidence of that fact.
- (2) In sub-paragraph (1) “prescribed” includes of a prescribed description.
75ZA
- (1) The returning officer or the Electoral Commission may, at any time during the period of 6 months beginning with the date of the poll at a parliamentary election, request a relevant person to deliver to the officer or Commission a return of permitted expenditure in relation to a candidate at the election who is specified in the request.
- (2) “Relevant person” means a person who—
- (a) is not required to deliver a return under section 75(2) in relation to the candidate, and
- (b) is not the candidate, the candidate's election agent, or a person engaged or employed for payment or promise of payment by the candidate or the candidate's election agent.
- (3) “Return of permitted expenditure” means a return—
- (a) showing all permitted expenses incurred by the person in relation to the candidate, or
- (b) stating that the person incurred no such expenses or that the total such expenses incurred by the person was £200 or less.
- (4) “Permitted expense”, in relation to a candidate, means an expense incurred by the person in respect of the candidate which, if the person had been required to deliver a return under section 75(2) in relation to the candidate, would have been required to be included in that return.
75ZB
- (1) A person must comply with a request under section 75ZA(1) within the period of 21 days beginning with the day on which the request is received.
- (2) A return of permitted expenditure must be accompanied by a declaration made by the person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body)—
- (a) verifying the return, and
- (b) in the case of a return of the kind mentioned in section 75ZA(3)(a), giving particulars of the matters for which the expenses were incurred.
- (3) A person who fails to deliver a return or declaration in accordance with this section is guilty of an illegal practice.
- (4) A person who knowingly makes a false declaration under subsection (2) is guilty of a corrupt practice.
- (5) The court before whom a person is convicted under subsection (3) or (4) may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173.
- (6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves—
- (a) that the act or omission took place without his consent or connivance, and
- (b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Tendered postal ballot papers: anonymous entries in Northern Ireland
40ZA
- (1) This rule applies to a person (“P”) who—
- (a) is an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland; or
- (b) is entitled to vote by post as proxy for such an elector,
and who claims to have lost, or not received, a postal ballot paper.
- (2) P may apply to the Chief Electoral Officer for a replacement postal ballot paper (in these rules referred to as a “tendered postal ballot paper”).
- (3) The application—
- (a) may be made by post or in person,
- (b) must be accompanied by a specified document within the meaning of rule 37 (as it extends to Northern Ireland), and
- (c) must be delivered to the Chief Electoral Officer—
- (i) where the application is made by post, before 4 p.m. on the fourth day before the day of the poll, and
- (ii) where the application is made in person, before 4 p.m. on the day before the day of the poll.
- (4) If the Chief Electoral Officer—
- (a) is satisfied as to P’s identity, and
- (b) has no reason to doubt that P has lost, or not received, a postal ballot paper,
the Chief Electoral Officer must issue a tendered postal ballot paper to P in the prescribed manner.
- (5) A tendered postal ballot paper must be of a different colour from the other ballot papers.
- (6) P, if issued with a tendered postal ballot paper, may mark it, sign it, and send it to the Chief Electoral Officer, in the same manner as a postal ballot paper.
- (7) A tendered postal ballot paper which has not been signed, or which does not meet the conditions in rule 45(2) and (2A), is void.
- (8) On receipt of a tendered postal ballot paper, the Chief Electoral Officer must deal with it in the prescribed manner.
- (9) The Chief Electoral Officer must—
- (a) endorse each tendered postal ballot paper with the entry in the register of the elector in question, and
- (b) set it aside in a separate packet of tendered postal ballot papers.
- (10) The Chief Electoral Officer must add the entry in the register of the elector in question to a list (in these rules referred to as the “tendered postal votes list”).
- (11) The Chief Electoral Officer must seal the packet of tendered postal ballot papers.
- (12) This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) (alteration of registers in Northern Ireland: pending elections) as if—
- (a) in paragraph (1) for “in a register maintained” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”; and
- (b) in paragraphs (9)(a) and (10), for “entry in the register of the elector in question” there were substituted “entry relating to the elector in question on a notice issued under section 13BA(9)”.
Northern Ireland: timing of canvass
Registration of electors in Great Britain
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alteration of registers: interim publication dates
Provision of false information: application for electoral identity document, anonymous elector’s document or electoral identity card
Service declaration.
Rules for local elections in Wales
Rules for local elections in Wales
Expenditure by returning officers at local elections in Wales
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
‡Except in a general election insert here in the place of A. B., deceased or otherwise, stating the cause of vacancy.
A writ of a new election of a Member for the said Constituency.
12
The surname of each candidate must appear in capitals and the candidates’ other names must be in lower case with initial capitals.
13
The number and other unique identifying mark must be printed close to each other on the back of the ballot paper.
1
You must satisfy the presiding officer about your identity by showing an approved form of ID.
2.
When you are given a ballot paper go to one of the compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate you are voting for.
3
Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted. Do not let anyone see your vote.
4.
Fold the ballot paper in two. Show the back of the ballot paper to the presiding officer so as to disclose the number and other unique identifying mark. Put the ballot paper in the ballot box and leave the polling station.
*State the relationship of the companion to the voter.
13BC
- (1) This section applies if—
- (a) a Speaker's notice is given in relation to a recall petition in respect of an MP under the Recall of MPs Act 2015 (“the 2015 Act”), and
- (b) a day is designated in relation to that petition under section 7(1)(b) of that Act (first day of the signing period).
- (2) Subsection (3) applies where—
- (a) at any time before the cut-off day, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—
- (i) a requirement or determination falling within paragraph (za) or (a) of that subsection in respect of a qualifying application for registration,
- (ii) a requirement falling within paragraph (zb) of that subsection in respect of an entry in the register resulting from a qualifying application for registration, or
- (iii) a requirement, decision or determination falling within any of paragraphs (b) to (d) of that subsection,
- (b) in consequence of the requirement, determination or decision, an entry relating to a person falls to be made or altered in, or removed from, the relevant register,
- (c) no alteration made in consequence of the requirement, determination or decision has already taken effect, or is due to take effect, under section 13A, 13AB, 13B or 13BA on or before the cut-off day, and
- (d) if the relevant register is for a constituency in Northern Ireland, the Chief Electoral Officer for Northern Ireland is supplied on or before the prescribed date with such additional material as is prescribed supporting the appropriate alteration in the register.
- (3) In such a case—
- (a) the registration officer must issue, in the prescribed manner on the cut-off day, a notice specifying the appropriate alteration in the register, and
- (b) subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.
- (4) In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the requirement, determination or decision is due to take effect under section 13AB, 13B or 13BA on or before the cut-off day, the references to section 13BC(3) in section 13AB(7), 13B(2) and 13BA(2) and (5) are to be disregarded.
- (5) Subsection (6) applies where—
- (a) at any time on or after the cut-off day but before the prescribed time on the last day of the signing period, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—
- (i) a notification mentioned in paragraph (c) of that subsection, or
- (ii) a determination falling within paragraph (d) of that subsection, and
- (b) in consequence of the notification or determination, an entry relating to a person falls to be made or altered in, or removed from, the relevant register.
- (6) In such a case—
- (a) the registration officer must issue, in the prescribed manner and on the appropriate day, a notice specifying the appropriate alteration in the register, and
- (b) subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.
- (7) “The appropriate day” means—
- (a) in a case falling within subsection (5)(a)(i), the day when the registration officer receives the notification referred to in that provision (or, if that is not a working day, the next working day);
- (b) in a case falling within subsection (5)(a)(ii), the day when the registration officer makes the determination referred to in that provision (or, if that is not a working day, the next working day).
- (8) If the petition officer in relation to the recall petition receives a notice under section 13(6) of the 2015 Act (early termination of recall petition process), this section ceases to apply in the case of that petition.
- (9) But if, at the time when that notice is so received—
- (a) the registration officer is under a duty under subsection (3) or (6) of this section to issue a notice, but
- (b) has not yet issued the notice,
the registration officer remains under that duty to issue the notice at the time at which it would have been required to be issued if subsection (8) had not applied.
- (10) In this section—
- (a) “the cut-off day” means the 3rd working day before the beginning of the signing period,
- (b) “qualifying application for registration” means an application for registration that—
- (i) is made on or before the day on which the Speaker's notice is given, or
- (ii) is treated as made by virtue of section 10A(2) (return of canvass form treated as application for registration) in respect of a form returned on or before that day,
- (c) “relevant register” means the register of parliamentary electors for the MP's constituency,
- (d) the following expressions have the same meaning as in the 2015 Act: “MP”, “petition officer”, “recall petition”, “the signing period”, “Speaker's notice” and “working day” (see section 22 of that Act), and
- (e) any reference to a notice given under the 2015 Act or the time at which such a notice is given has the same meaning as in that Act.
Returning officers: local elections in Scotland.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
*State the relationship of the companion to the voter.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
*State the relationship of the companion to the voter.
37ZA
- (1) In every year the ordinary day of election of councillors is the same for all local government areas in Wales ... and unless subsection (2) applies or an order under subsection (1A) provides otherwise, is—
- (a) the first Thursday in May;
- (b) such other day as may be fixed by the Welsh Ministers by order ....
- (1A) The Welsh Ministers may by order fix a different day to the one specified in or fixed under subsection (1) as the ordinary day of election of—
- (a) councillors for one or more counties or county boroughs in Wales, or
- (b) community councillors for one or more communities in Wales.
- (1B) An order under subsection (1) or (1A) may fix a day for one or more years.
- (2) The ordinary day of election of councillors is not the day specified in or fixed under subsection (1) or fixed under subsection (1A) if that day is the day of the poll at an ordinary general election of members of the National Assembly for Wales.
- (3) Where under subsection (2) the ordinary day of election of councillors is not the day specified in or fixed under subsection (1) or fixed under subsection (1A), it is such other day as the Welsh Ministers may by order specify.
- (4) The power to make an order under subsection (1)(b) or (3) is exercisable by statutory instrument.
- (5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
- (6) Before making an order under this section, the Welsh Ministers must consult—
- (a) each council affected by the order,
- (b) any bodies appearing to the Welsh Ministers to represent the interests of the councils affected by the order, and
- (c) such other persons as the Welsh Ministers consider appropriate.
10ZF
- (1) The Minister of the Crown responsible for providing the UK digital service shall have the following functions in connection with providing that service—
- (a) acting as an intermediary for the purposes of the receipt of—
- (i) online canvass forms, and
- (ii) online applications for registration,
in respect of addresses in Northern Ireland on behalf of the Chief Electoral Officer for Northern Ireland;
- (b) the transmission of such forms or applications to the Chief Electoral Officer.
- (2) Where it is possible for electronic communications or electronic storage to be used for any of the purposes specified in subsection (3), such communication or storage may, subject to any enactment (including any conditions imposed by any enactment), be used instead of any other form of communication or storage.
- (3) The purposes are—
- (a) the exercise by the Minister of the Crown responsible for providing the UK digital service of any function conferred on the Minister—
- (i) by subsection (1), or
- (ii) under paragraph 1A of Schedule 2 in connection with applications for registration in respect of addresses in Northern Ireland;
- (b) anything done through the UK digital service in connection with an application for registration in respect of an address in Northern Ireland.
- (4) In this section—
- “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;
- “enactment” includes subordinate legislation;
- “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in subsection (3)(b) to anything done through the UK digital service shall be read as a reference to anything done using that service as an intermediary.
10B
- (1) Where a person meets the condition in subsection (1A) or the condition in subsection (1B), the Chief Electoral Officer for Northern Ireland shall allocate a unique reference number (a “digital registration number”) to the person if no such number has previously been allocated to that person.
- (1A) A person meets the condition in this subsection if, following receipt of an application for registration made by the person in respect of an address in Northern Ireland and submitted through the UK digital service, the Chief Electoral Officer determines that the person is entitled to be registered in the register.
- (1B) A person meets the condition in this subsection if—
- (a) in connection with a canvass under section 10 above, the form completed in respect of any address specifies the person as a person who is entitled to be registered in a register,
- (b) the form is submitted through the UK digital service,
- (c) section 10A(2) above does not apply, and
- (d) following receipt of the form, the Chief Electoral Officer determines that the person is entitled to be registered in the register.
- (2) Subsection (3) applies—
- (a) where a digital registration number has been allocated to a person under subsection (1), ...
- (b) where, following—
- (i) an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been issued, or
- (ii) (where section 10A(2) above does not apply) the submission of a form in connection with a canvass under section 10 above through the UK digital service by such a person,
the Chief Electoral Officer determines that the person’s registration in the register is to be amended in accordance with the application or form, or
- (c) where, following—
- (i) an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been issued, or
- (ii) the submission of a form in connection with a canvass under section 10 above through the UK digital service by such a person,
the Chief Electoral Officer determines that the person’s registration in the register is not to be amended in accordance with the application or form.
- (3) Where this subsection applies, the Chief Electoral Officer shall send the person a notification by the appropriate method (see subsection (3A)) of the digital registration number allocated to that person together with an explanation of—
- (a) the fact that the digital registration number is required for an application for an absent vote pursuant to section 6(1)(bba)(ii) or 7(1)(bba)(ii) of the Representation of the People Act 1985, and
- (b) how a further notification of the digital registration number may be obtained if the person requires it.
- (3A) In subsection (3), “by the appropriate method” means—
- (a) in a case falling within subsection (2)(a) or (b), by post;
- (b) in a case falling within subsection (2)(c) —
- (i) by post, or
- (ii) if the person has given an email address in the application or form, by email to that address.
- (4) If, after a notification has been sent to a person under subsection (3) or a further notification issued under subsection (6), the person requires a further notification of the digital registration number the person may apply to the Chief Electoral Officer for Northern Ireland for a further notification of the number.
- (5) An application under subsection (4) must set out—
- (a) the applicant’s—
- (i) name,
- (ii) date of birth, and
- (iii) national insurance number or a statement that the applicant does not have one (giving the reason why), and
- (b) the address in respect of which the applicant is, or has applied to be, registered.
- (6) Where the Chief Electoral Officer for Northern Ireland is satisfied that the information contained in an application under subsection (4) corresponds with the information held by the Chief Electoral Officer in relation to the applicant, the Chief Electoral Officer shall issue a further notification of the digital registration number to the applicant.
- (7) A further notification under subsection (6) shall be issued by—
- (a) giving it to the applicant in person, or
- (b) sending it to the applicant—
- (i) by post, ...
- (ii) if the applicant has given an email address in an application or form mentioned in subsection (1A), (1B) or (2), by email to that address , or
- (iii) if the applicant has given a mobile telephone number in an application or form mentioned in subsection (1A), (1B) or (2), by text message to that number.
- (8) A notification or further notification by post pursuant to subsection (3) or (7)(b)(i) shall be sent—
- (a) in the case of a person who is registered, or has made an application for registration, in pursuance of a service declaration, to the address given on the application form as the person’s present address or, if the Chief Electoral Officer is satisfied the applicant has moved to another address, to that address, or
- (b) in any other case, to the address in respect of which the person is, or is entitled to be, registered.
- (9) In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to a form or an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.
7AA
- (1) This section applies to a convicted person to whom section 3(1A) applies.
- (2) In determining whether the convicted person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a), the convicted person's residence is not to be taken to have been interrupted by reason of the convicted person's detention in a penal institution if—
- (a) the convicted person—
- (i) intends to resume actual residence when released from the penal institution (other than on temporary release), and
- (ii) will not be prevented from doing so by an order of any court, or
- (b) the dwelling serves as a permanent place of residence (whether for the convicted person alone or with other persons) and the convicted person would be in actual residence there but for the convicted person's detention.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
*State the relationship of the companion to the voter.
8A
In relation to a local government election in Wales, expenses incurred in respect of, or in consequence of, the translation of anything from Welsh into English or from English into Welsh.
14A
- (1) The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice for local government elections in Wales giving—
- (a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule;
- (b) guidance (supplementing the definition in section 90ZA(3)) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election.
- (c) guidance relating to the application of Part 2 of this Act in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses).
- (2) Once the Commission have prepared a draft code under this paragraph, they must submit it to the Welsh Ministers for approval.
- (3) The Welsh Ministers may approve a draft code with or without modifications.
- (4) Once the Welsh Ministers have approved a draft code they must lay a copy of the draft, in the form in which they have approved it, before Senedd Cymru.
- (5) If the draft incorporates modifications, the Welsh Ministers must at the same time lay before Senedd Cymru a statement of their reasons for making them.
- (6) If, within the 40-day period, Senedd Cymru resolves not to approve the draft, the Welsh Ministers must take no further steps in relation to it.
- (7) If no such resolution is made within the 40-day period—
- (a) the Welsh Ministers must issue the code in the form of the draft laid before Senedd Cymru,
- (b) the code comes into force on the date appointed by the Welsh Ministers by order made by statutory instrument, and
- (c) the Commission must arrange for the code to be published in such manner as the Commission think appropriate.
- (8) Sub-paragraph (6) does not prevent a new draft code from being laid before Senedd Cymru.
- (9) In this paragraph, “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before Senedd Cymru, no account being taken of any period during which Senedd Cymru is dissolved or is in recess for more than four days.
- (10) In this paragraph references to a draft code include a revised draft code.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
36A
- (1) Elections of councillors for local government areas in Wales must be conducted in accordance with rules made by the Welsh Ministers.
- (2) In relation to the election of councillors to a county council or a county borough council, rules under subsection (1) must—
- (a) require polls to be conducted if elections are contested,
- (b) establish the requirements for becoming a candidate for election,
- (c) require votes at polls to be given by ballot, and
- (d) provide for polls to be conducted under the voting systems authorised by sections 5 to 9 of the Local Government and Elections (Wales) Act 2021, which are a simple majority system and a single transferable vote system.
- (3) In relation to the election of community councillors for a community council, rules under subsection (1) must—
- (a) require polls to be conducted if elections are contested,
- (b) establish the requirements for becoming a candidate for election,
- (c) require votes at polls to be given by ballot, and
- (d) provide for polls to be conducted under a simple majority system.
- (4) Rules under subsection (1) may make any other provision for the conduct of elections of councillors for local government areas in Wales.
- (5) Rules made by the Welsh Ministers may, for the purposes of, in consequence of, or for giving full effect to rules made under subsection (1), make supplementary, incidental, consequential, transitional, transitory or saving provision.
- (6) Rules under subsection (5) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).
- (7) Before making rules under this section, the Welsh Ministers must consult such persons as they consider appropriate.
- (8) The requirement to consult imposed by subsection (7) may be satisfied by consultation undertaken before the coming into force of this section.
- (9) The power to make rules under this section—
- (a) is exercisable by statutory instrument;
- (b) includes power to make different provision for different purposes.
- (10) A statutory instrument containing rules under this section must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.
36B
- (1) Where the polls at—
- (a) the ordinary election of councillors of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and
- (b) the ordinary election of community councillors or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections must be taken together.
- (2) For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.
- (3) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination must be apportioned equally among the elections.
- (4) The Welsh Ministers may by regulations make provision in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.
- (5) Before making regulations under this section the Welsh Ministers must consult such persons as they consider appropriate.
- (6) The requirement to consult imposed by subsection (5) may be satisfied by consultation undertaken before the coming into force of this section.
- (7) The power to make regulations under this section is exercisable by statutory instrument.
- (8) Regulations must not be made under this section unless a draft of the regulations has been laid before and approved by a resolution of Senedd Cymru.
36C
- (1) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a county or county borough in Wales must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.
- (2) All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred must be repaid to them by the community council.
- (3) Before a poll is taken at an election of a councillor for any local government area in Wales the council of that area or, in the case of an election of a community councillor, the council who appointed the returning officer must, at the request of the returning officer (including any person acting as returning officer), advance to the officer such reasonable sum in respect of the officer’s expenses at the election as the officer may require.
88A
- (1) At a local government election in Scotland, the returning officer must, within 10 days after the end of the time allowed for the delivery of returns as to election expenses—
- (a) publish a notice, in such manner as the returning officer considers appropriate, of the time and place at which the returns and declarations (including the accompanying documents) can be inspected, and
- (b) send a copy of the notice to each of the election agents.
- (2) If any return or declaration has not been received by the returning officer before the returning officer publishes a notice under subsection (1)(a), the returning officer must include in the notice a statement that the return or declaration has not been received.
- (3) If the return or declaration referred to in subsection (2) is received after the notice is published under subsection (1)(a), the returning officer must, within 10 days after the return or declaration is received—
- (a) publish a further notice, in such manner as the returning officer considers appropriate, of the time and place at which the late return or declaration (including the accompanying documents) can be inspected, and
- (b) send a copy of the further notice to each of the election agents other than the agent who delivered the late return or declaration or the agent for the candidate who delivered the late declaration.
PART 2A — Guidance by the Electoral Commission
12A
- (1) The Commission may prepare, and from time to time revise, a code of practice giving—
- (a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this schedule,
- (b) guidance (supplementing the definition in section 90ZB) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election.
- (2) Once the Commission have prepared a draft code under this paragraph, the Commission must submit it to the Scottish Ministers for their approval.
- (3) The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine.
- (4) Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either—
- (a) in its original form, or
- (b) in a form which incorporates any modifications determined under sub-paragraph (3).
- (5) If the draft incorporates any modifications determined under sub-paragraph (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them.
- (6) If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to the draft code.
- (7) If no such resolution is made within the 40-day period—
- (a) the Scottish Ministers must issue the code in the form of the draft laid before the Scottish Parliament, and
- (b) the Commission must arrange for it to be published in such manner as the Commission think appropriate.
- (8) Sub-paragraph (6) does not prevent a new draft code from being laid before the Scottish Parliament.
- (9) In this paragraph, “the 40-day period”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days).
- (10) In this Part, references to a draft code include references to a draft revised code.
87B
Where the appropriate officer receives any return or declaration under section 75A, 81 or 82 in respect of a local government election in Scotland, the appropriate officer must, if so requested by the Electoral Commission, deliver to the Commission a copy of—
- (a) the return or declaration, and
- (b) any accompanying documents.
46A
- (1) Subsection (2) applies to a local government election for an electoral area in Wales where a simple majority system applies.
- (2) An elector or person acting as proxy for an elector—
- (a) may not give more than one vote for any one candidate;
- (b) may not give more votes in all than the total number of councillors to be elected for the electoral ward.
- (3) Subsection (4) applies to an election for an electoral ward of a county council or county borough council in Wales where a single transferable vote system applies.
- (4) An elector or a person acting as proxy for an elector may not give more than one vote (whether as first preference or any subsequent preference) for any one candidate.
- (5) No person is subject to an incapacity to vote at a local government election in Wales by reason of the fact that the person is, or is acting as, the returning officer at that election.
Electoral identity document: Great Britain
13BD
- (1) An application for an electoral identity document may be made by a person who—
- (a) is or has applied to be registered in a register of parliamentary electors in Great Britain or a register of local government electors in England, or
- (b) is or has applied to be registered in a register of local government electors in Wales and—
- (i) is entitled to vote or, as the case may be, will on being registered be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or
- (ii) will be entitled to vote or, as the case may be, will on being registered be entitled to vote, at such an election on attaining the age of 18.
- (2) An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant is or has applied to be registered.
- (3) A registration officer must, in accordance with regulations, determine an application made to the registration officer.
- (4) Regulations may make provision—
- (a) about the timing of an application for an electoral identity document;
- (b) about the issuing or collection of an electoral identity document.
- (5) Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election.
- (6) The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity document from a polling station.
- (7) No charge may be made for the issue of an electoral identity document.
- (8) Regulations must require an electoral identity document issued to a person—
- (a) to state the person’s full name, and
- (b) to contain a photograph of the person.
- (9) Regulations may require an electoral identity document to include other information.
- (10) Regulations may make provision about—
- (a) the form of an electoral identity document (including provision for the document to be issued in different forms in different circumstances), and
- (b) the period for which an electoral identity document issued in a particular form is to be valid.
- (11) Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an electoral identity document).
Anonymous elector’s document: Great Britain
13BE
- (1) An application for an anonymous elector’s document may be made by a person who—
- (a) has or has applied for an anonymous entry in a register of parliamentary electors in Great Britain or a register of local government electors in England, or
- (b) has or has applied for an anonymous entry in a register of local government electors in Wales and—
- (i) is entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or
- (ii) will be entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at such an election on attaining the age of 18.
- (2) An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant has or has applied for an anonymous entry.
- (3) A registration officer must, in accordance with regulations, determine an application made to the registration officer.
- (4) Regulations may make provision—
- (a) about the timing of an application for an anonymous elector’s document;
- (b) about the issuing or collection of an anonymous elector’s document.
- (5) Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election.
- (6) The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an anonymous elector’s document from a polling station.
- (7) No charge may be made for the issue of an anonymous elector’s document.
- (8) Regulations must require an anonymous elector’s document issued to a person—
- (a) to state the person’s electoral number, and
- (b) to contain a photograph of the person.
- (9) Regulations may require an anonymous elector’s document to include other information.
- (10) Regulations may make provision about—
- (a) the form of an anonymous elector’s document (including provision for the document to be issued in different forms in different circumstances), and
- (b) the period for which an anonymous elector’s document issued in a particular form is to be valid.
- (11) Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an anonymous elector’s document).
- (12) Regulations—
- (a) may authorise or require a registration officer to remind a person who has an anonymous entry in a register maintained by the officer of the need to obtain an anonymous elector’s document in order to be able to vote in person;
- (b) may require a registration officer, in prescribed circumstances, to replace an anonymous elector’s document issued to a person with a new anonymous elector’s document issued by the officer.
Date of birth lists for polling stations in Northern Ireland
19B
- (1) The Chief Electoral Officer for Northern Ireland must prepare the following lists for each polling station—
- (a) a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b);
- (b) a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision.
- (2) For the purposes of paragraph (1)(b), “relevant provision” means—
- (a) where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b), and
- (b) where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.
- (3) A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at the polling station to make a decision under rule 37(1B)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age).
- (4) A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules (including regulations under paragraph (6))—
- (a) permit a list prepared under paragraph (1) for a polling station to be inspected;
- (b) supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list;
- (c) make use of information contained in a list prepared under paragraph (1).
- (5) This paragraph applies to—
- (a) the Chief Electoral Officer for Northern Ireland;
- (b) a person to whom functions are delegated by the Chief Electoral Officer;
- (c) the presiding officer of the polling station;
- (d) a clerk or other officer appointed to work at the polling station.
- (6) Regulations may make provision—
- (a) enabling the inspection of a list prepared under paragraph (1) by prescribed persons;
- (b) authorising or requiring prescribed persons to supply a copy of a list prepared under paragraph (1) to such persons as may be prescribed;
- (c) for the payment of a fee in respect of the inspection of a list or the supply of a copy of a list.
- (7) Regulations under paragraph (6)(a) or (b) may impose conditions in relation to—
- (a) the inspection of a list;
- (b) the supply of a copy of a list;
- (c) the purposes for which information contained in a list that is inspected or supplied in pursuance of the regulations may be used.
- (8) The conditions that may be imposed by virtue of paragraph (7)(b) include conditions relating to the extent to which a person to whom a copy of a list has been supplied may—
- (a) supply the copy to any other person,
- (b) disclose to any other person information contained in the copy, or
- (c) use any such information for a purpose other than that for which the copy was supplied to the person.
- (9) Regulations under paragraph (6) may also impose, in respect of persons to whom a copy of a list has been supplied or information has been disclosed by virtue of paragraph (8), conditions corresponding to those mentioned in paragraph (8).
Collection and disclosure of information relating to applications made under rules 37 to 40
40B
- (1) This rule applies in relation to an election held in England and Wales or Scotland if—
- (a) regulations provide that this rule applies in relation to the election, or
- (b) the election is within a description of elections in relation to which regulations provide that this rule applies.
- (2) A presiding officer must—
- (a) collect prescribed information relating to applications made under rules 37(1), 38(1), 39(1) and 40(1), and
- (b) provide the prescribed information to the returning officer as soon as practicable after the close of the poll.
- (3) Where the prescribed information relates to an election held in England and Wales—
- (a) the returning officer must forward the information to the relevant registration officer, and
- (b) the relevant registration officer must, as soon as reasonably practicable after receiving the information, deal with it as required by paragraph (5).
- (4) Where the prescribed information relates to an election held in Scotland, the returning officer must deal with it as required by paragraph (5).
- (5) The relevant registration officer or (as the case may be) the returning officer must—
- (a) anonymise the prescribed information by removing from it all names and electoral numbers of the people to whom the information relates, and
- (b) collate the information in the prescribed manner.
The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (5) information”.
- (6) The relevant registration officer or (as the case may be) the returning officer must provide the paragraph (5) information—
- (a) to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (5), and
- (b) where they request the information, to the Electoral Commission.
- (7) The relevant registration officer or (as the case may be) the returning officer must not disclose the paragraph (5) information otherwise than in accordance with paragraph (6).
- (8) The relevant registration officer or (as the case may be) the returning officer must retain the information anonymised in accordance with paragraph (5)(a) for at least 10 years.
- (a) allocated to the person as stated in the copy of the register of electors, or
- (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.
- (10) Except as provided by paragraph (11), a disclosure of information under this rule does not breach—
- (a) any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or
- (b) any other restriction on the disclosure of information (however imposed).
- (11) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2)and (3) are to be taken into account).
- (12) In this rule—
- (a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
- (b) references to the relevant registration officer are to—
- (i) the registration officer of the local authority in whose area the constituency is situated, or
- (ii) if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered.
Inspection of ballot paper refusal list: Great Britain
56A
- (1) Regulations may make provision about the circumstances in which a registration officer may open the sealed packet containing a completed ballot paper refusal list and inspect the list.
- (2) Regulations may impose conditions in relation to the opening of a sealed packet or the inspection of a list by virtue of paragraph (1).
- (3) Regulations may make provision about the disclosure by a registration officer of information contained in the ballot paper refusal list.
5ZA
- (1) Provision about the manner in which relevant absent voting applications are to be made.
- (2) Provision made under sub-paragraph (1) may include provision—
- (a) conferring functions on the Secretary of State, registration officers, or local or public authorities in Great Britain, to enable applications to be made in a particular manner;
- (b) conferring other functions on registration officers;
- (c) conferring functions on the Electoral Commission;
- (d) authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications in part for people.
- (3) Provision imposing requirements to be met in relation to a relevant absent voting application.
- (4) Provision about how any requirement for an applicant to provide a signature in connection with a relevant absent voting application may be satisfied.
- (5) In this paragraph “relevant absent voting application” has the same meaning as in paragraph 1A.
- (6) A notice under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.
8BA
- (1) Provision requiring a registration officer in Great Britain to keep records of—
- (a) applications made to the officer under sections 13BD and 13BE;
- (b) documents issued by the officer under those sections.
- (2) Provision requiring the Chief Electoral Officer for Northern Ireland to keep records of—
- (a) applications made to the Chief Electoral Officer under section 13C;
- (b) electoral identity cards issued under that section.
- (3) Provision made under sub-paragraph (1) or (2) may include provision about information to be shown in a record.
- (4) Provision authorising or requiring a relevant registration officer—
- (a) to supply a copy of a record kept by the officer by virtue of provision made under sub-paragraph (1) or (2), or
- (b) to disclose information contained in such a record,
to such persons and for such purposes as may be prescribed.
- (5) In sub-paragraph (4), “relevant registration officer” means—
- (a) in relation to a record referred to in sub-paragraph (1), a registration officer in Great Britain;
- (b) in relation to a record referred to in sub-paragraph (2), the Chief Electoral Officer for Northern Ireland.
...
59A
- (1) The Secretary of State must prepare and publish reports on the effect of the voter identification requirements on applications made under rule 37(1), 38(1), 39(1) or 40(1) of the parliamentary elections rules.
- (2) The duty under subsection (1) applies in respect of each of the first two parliamentary general elections that are held after the day on which paragraph 7 of Schedule 1 to the Elections Act 2022 comes into force.
- (3) Subsection (4) applies where requirements corresponding to the voter identification requirements (“the corresponding requirements”) have effect in relation to local government elections in England by virtue of rules made under section 36.
- (4) The Secretary of State must prepare and publish reports on the effect of the corresponding requirements on applications made under the provisions of rules made under section 36 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.
- (5) The duty under subsection (4) applies in respect of the first ordinary elections of councillors for local government areas in England that—
- (a) are held on an ordinary day of election (as determined under section 37) after the day on which the corresponding requirements come into force, and
- (b) are not combined with a parliamentary general election.
- (6) In preparing a report under this section, the Secretary of State must in particular take into account—
- (a) in the case of a report under subsection (1), information provided to the Secretary of State under rule 40B of the parliamentary elections rules (collection and disclosure of information relating to applications under rules 37 to 40);
- (b) in the case of a report under subsection (4), information provided to the Secretary of State under any provision of rules made under section 36 corresponding to rule 40B of the parliamentary elections rules.
- (7) In this section, “the voter identification requirements” means paragraphs (1A) to (1T) of rule 37 of the parliamentary elections rules (voting procedure) as it extends to England and Wales and to Scotland (including those paragraphs as applied by rule 38, 39 or 40 of those rules).
Voting procedure and voter identification requirements: Northern Ireland Voting procedure and voter identification requirements: Great Britain
Refusal to deliver ballot paper: Great Britain
40ZB
- (1) This rule applies in relation to an election held in England and Wales or Scotland.
- (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list—
- (a) the voter’s electoral number, and
- (b) against that number, the reason for the refusal.
- (3) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—
- (a) the name and address of the voter, and
- (b) against those details, the reason for the refusal.
- (4) Paragraphs (5) and (6) apply where—
- (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1E), and
- (b) the voter makes a further application under rule 37(1).
- (5) If a ballot paper is delivered to the voter following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.
- (6) If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list.
- (7) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter).
- (8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number—
- (a) allocated to the person as stated in the copy of the register of electors, or
- (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.
- (9) Subject to rule 37(1G) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever.
- (10) A refusal to deliver a ballot paper to a voter is subject to review on an election petition.
- (11) In this rule—
- (a) except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3) or 37(1E), and
- (b) any reference to paragraph (1E) or (1G) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40.
Refusal to deliver ballot paper: Northern Ireland
5.
If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
3ZB
- (1) Provision about renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985), including in particular provision about their form and contents.
- (2) Provision made under sub-paragraph (1) may include provision conferring functions on the Electoral Commission.
12ZA
- (1) Where regulations under rule 45(1B)(a) or (b) in Schedule 1 provide that a postal voting document may be returned by hand to a polling station or to the returning officer, provision within this paragraph.
- (2) Provision—
- (a) requiring a person who seeks to hand in a postal voting document to complete a form containing prescribed information,
- (b) requiring a relevant officer to reject a postal voting document handed in by a person who fails to provide all the prescribed information on such a form, and
- (c) about the arrangements to be made in respect of such forms.
- (3) Provision requiring a relevant officer—
- (a) to reject all postal voting documents handed in together by a person where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than the prescribed number of electors;
- (b) to reject a postal voting document handed in by a person, or all postal voting documents handed in together by a person, on a particular occasion, where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by the person on any previous occasion (disregarding any that were rejected), the person has handed in postal voting documents on behalf of more than the prescribed number of electors.
- (4) In sub-paragraph (3)—
- (a) references to postal voting documents handed in by a person are to postal voting documents—
- (i) all relating to the same election, or
- (ii) where more than one poll is to be taken on a day, each of which relates to an election the poll at which is to be taken on that day,
but do not include references to a postal voting document issued to that person;
- (b) “electors” means persons who are electors in relation to an election to which any of the postal voting documents handed in by the person relates.
- (5) Provision authorising a relevant officer to reject a postal voting document handed in by a person where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, the person commits an offence under section 112A (offences relating to handling of postal voting documents).
- (6) Provision as to the arrangements to be made in respect of the documents mentioned in sub-paragraph (7), including provision about—
- (a) the procedure to be followed in respect of those documents;
- (b) storage of those documents;
- (c) disposal of those documents;
- (d) transfer of those documents to—
- (i) the returning officer;
- (ii) the registration officer.
- (7) The documents are—
- (a) a postal voting document that is rejected;
- (b) a postal voting document that—
- (i) is brought into a polling station or into the offices of the returning officer so that it may be handed in to a person, but
- (ii) is left behind there (without being handed in).
- (8) Provision requiring prescribed information about postal voting documents that are handed in, or about the documents mentioned in sub-paragraph (7), to be supplied to—
- (a) the returning officer;
- (b) the registration officer.
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