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

Type Statutory-Instrument

Publication 2001-02-09

Last updated 2026-02-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(8) In paragraph (7)(b), “compliant photograph or electronic scan of the applicant’s signature” means—

(a) the signature contained in the photograph or electronic scan complies with the requirements of sub-paragraph (a) of paragraph (3A), and

(b) the photograph or electronic scan of the signature is sufficiently clear and unambiguous so as to comply with the requirements of paragraph (3A).

(9) Where an applicant is unable to provide a national insurance number in accordance with paragraph (2)(aa), the applicant may provide as part of the application a copy of any of the documents listed in regulation 56C(2) to (4).

(10) The Secretary of State must send to the registration officer—

(a) subject to paragraph (11), any relevant absent voting application the Secretary of State receives,

(b) the applicant’s previous name (if any provided),

(d) a reference number unique to that application.

(11) Where a relevant absent voting application made through the digital service in accordance with paragraph (7) includes the applicant’s national insurance number the Secretary of State—

(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 for applications for the appointment of a proxy

52

(A1) Paragraph (1) applies to an application for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, or at a local government election in England, where that application is—

(a) included in an application under paragraph 3 or 4 of Schedule 4 in accordance with regulation 51(6), or

(b) otherwise made under paragraph 6(7) or (8) of Schedule 4.

(1) An application ... shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, ... and-

(a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

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

(1ZA) If the application for the appointment of a proxy is for the purposes of voting by proxy at a local government election in Wales, the application must also state the family relationship, if any, of the proxy with the applicant.

(1A) Paragraph (1B) applies where—

(a) an application under paragraph 6(7) or (8) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election or at a local government election in England is made by a person (“A”);

(b) A has previously appointed a person (“B”) as A’s proxy for those purposes;

(d) A’s application is made on grounds relating to voter identification which relate to B.

(1B) Where this paragraph applies A’s application must—

(a) state that this paragraph applies, and

(b) state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 56A apply in respect of B.

(1C) In paragraph (1A)—

(a) in sub-paragraph (a), the reference to an application under paragraph 6(8) of Schedule 4 includes such an application which is included in an application under paragraph 4(2) of Schedule 4;

(b) in sub-paragraph (d), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

53

(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(b) of Schedule 4 shall specify the disability by reason of which it is made.

(2) Subject to paragraph (3) below, such an application shall be attested and signed by—

(a) a registered medical practitioner;

(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing;

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

(e) a registered pharmacist as defined by 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) a person registered as a member of a profession to which the Health Professions Order 2001 for the time being extends, or registered in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017;

(k) the person carrying on a care home registered under Part 2 of the Care Standards Act 2000;

(ka) the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of Part 1 of that Act) which is provided wholly or mainly to persons aged 18 or over;

(l) 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 resides in such premises;

(m) a manager within the meaning of section 145(1) of the Mental Health Act 1983, or on behalf of such a manager; 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 sub-paragraphs (a) to (j) of paragraph (2) above, may not attest an application for these purposes unless—

(i) he is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from him in respect of that disability; or

(iii) the person is a social worker who qualifies by virtue of sub-paragraph (j) of paragraph (2), and has arranged care or assistance for the applicant in respect of that disability; or

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

(i) he is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from him in respect of that disability; or

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

(4) The person attesting the application shall state—

(a) his name and address and the qualification by virtue of which he attests the application;

(b) where the person who attests the application is a person referred to in paragraph (3)(a) above, that—

(i) he is treating the applicant for the disability specified in the application; or

(ii) the applicant is receiving care from him in respect of that disability;

(i) he is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from him in respect of that disability; or

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

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

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

(5) Paragraphs (2) to (4) above shall 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 severely sight-impaired person in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014; or

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

(b) the application states that the applicant is in receipt of one of the following, because of the disability specified in the application—

(i) 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),

(ii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,

(iii) the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012),

(iv) the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018),

(v) the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018), or

(vi) the higher rate of the mobility component of a Scottish adult disability living allowance (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018).

(5A) A person who qualifies by virtue of sub-paragraph (m) of paragraph (2) above, shall, instead of the matters specified in paragraph (4)(a) above, state in the attestation—

(i) his name;

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

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

(iv) in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.

(6) 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 shall be deemed sufficient evidence that he is eligible to vote by proxy on the grounds set out in paragraph 3(3)(b) of Schedule 4.

(7) In this regulation and in regulations 54 and 55 below, “his allotted polling station”, in relation to an elector means the polling station allotted or likely to be allotted to him under the appropriate rules (as defined in paragraph 1 of Schedule 4).

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4

54

(1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) of Schedule 4 shall state—

(a) whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse or civil partner or, as the case may be, it is the applicant or his spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made;

(b) the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;

(c) where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self employed, that fact; and in any other case the name of that person’s employer;

(d) the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.

(2) Such an application shall be attested and signed—

(a) where the person is self-employed, by a person who—

(i) is aged 18 years or over;

(ii) knows the self-employed person; and

(iii) is not related to him;

(b) by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) above shall—

(a) where the applicant is the employed person or the person attending the course, certify that the statements required by sub-paragraphs (a) to (d) of paragraph (1) above to be included in the application are true; or

(b) where the applicant is the spouse or civil partner of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (c) of paragraph (1) above are true.

(4) The person attesting an application under paragraph (2) above shall also state—

(a) his name and address, that he is aged 18 years or over, that he knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him; and

(b) if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or

(c) if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.

(5) For the purposes of this regulation, one person is related to another if he is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

Additional requirements for applications for the appointment of a proxy

55

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Closing date for applications

56

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3F) The circumstances are that—

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

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

(ii) was submitted via the digital service, and

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

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

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

(5) An application under—

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

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

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

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

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

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

(a) in relation to a parliamentary general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971²⁰ in any part of the United Kingdom, and

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

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

Grant or refusal of applications

57

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

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

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

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

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

(2A) Paragraph (2B) applies where—

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

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

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

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

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

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

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

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

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

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

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

he shall notify the applicant of this.

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

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

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

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

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

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

(b) either—

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

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

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

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

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

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

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

(e) an applicant who has an anonymous entry.

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

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

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

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

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

(b) otherwise—

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

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

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

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

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

Notice of appeal

58

(1) A person desiring to appeal under section 56(1)(b) of the 1983 Act²¹ against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 57(4) above specifying the grounds of appeal.

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

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

Cancellation of proxy appointment

59

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

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

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

Inquiries by registration officer

60

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

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

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

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

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

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

Records and lists kept under Schedule 4

61

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

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

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

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

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

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

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

(a) specified in that regulation, or

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

shall apply to such use.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) record any particulars in it,

otherwise than by means of hand-written notes.

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

(16) For the purposes of this regulation—

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

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

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

(18) The persons specified in this paragraph are—

(a) a person who has an anonymous entry;

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

Marked register for polling stations

62

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

Certificate of employment at a parliamentary election

63

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

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

PART V — ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation of Part V

64

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

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

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

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

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

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

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

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

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

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

Issue of Postal Ballot Papers

Combination of polls

65

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

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

(b) subsection (3) or (3AB) of section 36 of the 1983 Act (combination of polls at local elections)²²,

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

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

Form of declaration of identity

66

The form of the postal voting statement for the purposes of rule 24 of the rules in Schedule 1 to the 1983 Act²³ shall be—

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

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

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

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

67

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

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

68

(a) the returning officer and his clerks,

(b) a candidate,

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

(d) any agents appointed under regulation 69 below.

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

69

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

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

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

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

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

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

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

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

Notification of requirement of secrecy

70

The returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue of receipt or postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act²⁴.

Time when postal ballot papers are to be issued

71

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

Procedure on issue of postal ballot paper

72

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Refusal to issue postal ballot paper

73

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

Envelopes

74

(1) Paragraphs (2) and (3) below prescribe the envelopes which are to be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 24 of the elections rules²⁵).

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

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

(a) the letter “A”;

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

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

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

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

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

Sealing up of counterfoils and security of special lists

75

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

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

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

Delivery of postal ballot papers

76

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

(a) a universal postal service provider;

(b) a commercial delivery firm, or

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

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

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

Spoilt postal ballot papers

77

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

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

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

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

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

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

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

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

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

(7) Where a postal voter applies in person—

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

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

instead of delivering it in accordance with regulation 76.

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

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

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

Lost postal ballot papers

78

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

(a) his postal ballot paper, or

(b) the postal voting statement, or

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

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

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

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

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

which he has received and which have not been lost.

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

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

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

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

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

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

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

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

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

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

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

(6) Where a postal voter applies in person—

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

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

instead of delivering it in accordance with regulation 76.

Receipt of Postal Ballot Papers

Alternative means of returning postal ballot paper or postal voting statement

79

(1) For the purposes of rule 45(1B) of the rules in Schedule 1 to the 1983 Act²⁶ the manner in which a postal ballot paper or postal voting statement may be returned to a polling station is by hand.

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

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

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

(b) any return of postal voting documents form,

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

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

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

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

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

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

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

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

Notice of opening of postal ballot paper envelopes

80

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

(2) Such a notice shall specify—

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

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

Postal ballot boxes and receptacles

81

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

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

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

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

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

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

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

(a) the receptacle for rejected votes;

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

(d) the receptacle for rejected ballot paper envelopes;

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

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

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

Receipt of covering envelope

82

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

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

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

(a) has been opened, and

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

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

Opening of postal voters' ballot box

83

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

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

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

Opening of covering envelopes

84

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

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

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

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

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

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

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

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

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

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

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

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

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

Procedure in relation to declarations of identity

85

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

Opening of ballot paper envelopes

86

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

(2) He shall place—

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

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

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

Lists of rejected postal ballot papers

87

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

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

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

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

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

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

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

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

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

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

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

(d) the date of birth field is blank.

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

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

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