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

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

• (c) the specified reason or reasons for the rejection of the postal voting documents,

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

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

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

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

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

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

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

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

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

Checking of lists kept under regulation 87

88

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

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

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

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

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

Sealing of receptacles

89

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

• (a) the receptacle of rejected votes,

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

• (c) the receptacle of rejected ballot paper envelopes, ...

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

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

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

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

and shall seal up such packets.

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

Abandoned poll

90

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

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

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

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

Forwarding of documents

91

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

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

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

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

• (3) Where—

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

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

• (c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

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

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

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

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

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

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

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

SCHEDULE 1 — ENABLING POWERS

These Regulations are made under the following powers:

• (a) sections 10A(7) and (9)²⁷, 13A(6), 36(3C)²⁸, 53²⁹ and 201(1) and (3)³⁰ of, rule 24³¹ of Schedule 1 and Schedule 2³² to, the Representation of the People Act 1983 (“the 1983 Act”);

• (b) sections 3(5), (6) and (7)³³ and 15(5) of the Representation of the People Act 1985 (“the 1985 Act”);

• (c) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act, sections 4(4)³⁴, 9(2)³⁵, 10A(1), (3), (6) and (7), 13(3), 13A(2), 13B(3), 14(1), 16, 56(1) and (5), 75(3) and 89(1) of, rules 24, 28(3), 29(3A)³⁶, 32(3) and 45(1B)³⁷ in Schedule 1 to, and paragraph 8(1) of Schedule 4 to, that Act;

• (d) having regard to the definition of “prescribed” in section 202(1) of the 1983 Act and section 27(2) of the 1985 Act, section 2(3) of the 1985 Act³⁸;

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

• (f) having regard to the designation³⁹ of the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972⁴⁰ in relation to measures relating to the rights of citizens of the Union to vote at European Parliamentary elections and local government elections in England and Wales, that section 2(2); and

• (g) paragraph 2(4)(b) of Schedule 1 to the European Parliamentary Elections Act 1978⁴¹.

SCHEDULE 2 — REVOCATIONS

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

SCHEDULE 3 — FORMS

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

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

Front of form

Regulation 9(2)

Rear of form

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

Front of card

Rear of card

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

Front of form

Regulation 9(3)

Rear of form

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

Front of card

Rear of card

Form C:

RETURN OF EXPENSES REQUIRED BY SECTION 75 OF THE 1983 ACT

Regulation 10(1)

Form D:

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

Regulation 10(1)

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

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

Signed

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

Explanatory note

(This note is not part of the Regulations)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Footnotes

Editorial notes