The Representation of the People (Northern Ireland) Regulations 2008
- (b) an employee of, or applicant for employment by, the force or organisation.
- (6) Any person supplied with a copy of the record of anonymous entries under this regulation must take proper precautions for its safe custody.
Certificate of anonymous registration
53D
- (1) Where the registration officer enters a person in the record of anonymous entries, he must issue to that person a certificate of anonymous registration.
- (2) A certificate of anonymous registration must be in writing and signed by the registration officer.
- (3) A certificate of anonymous registration must state—
- (a) that it has been issued by the Chief Electoral Officer for Northern Ireland;
- (b) the name, electoral number and qualifying address of the person who has the anonymous entry;
- (c) the date on which the anonymous entry took effect; and
- (d) the date on which the entitlement to remain registered anonymously will terminate in accordance with section 9C(1A) of the 1983 Act, unless a fresh application for an anonymous entry is made.
Tendered postal ballot papers
81A
- (1) A tendered postal ballot paper issued to a person (“P”) under rule 40ZA of the elections rules (tendered postal ballot papers: anonymous entries in Northern Ireland) must be accompanied by—
- (a) an envelope for the return of the tendered postal ballot paper and the declaration of identity (referred to as a “covering envelope”) which must be marked with the letter “D”;
- (b) a smaller envelope which must be marked with—
- (i) the letter “C”;
- (ii) the words “tendered postal ballot paper envelope”; and
- (iii) the number of the tendered postal ballot paper, unless the envelope has a window through which the number on the ballot paper can be displayed; and
- (c) a declaration of identity in the form set out in regulation 71 (form of declaration of identity) which is marked with the number of the tendered postal ballot paper.
- (2) Where a parliamentary election is combined with another poll under section 15 of the 1985 Act—
- (a) the envelope referred to in paragraph (1)(a) must also be marked “Covering envelope for the [insert the colour of the ballot paper] coloured ballot paper”; and
- (b) on the envelope referred to in paragraph (1)(b) after the words “tendered postal ballot paper envelope” there must be added “for the [insert colour of the ballot paper] coloured ballot paper”.
- (3) Subject to paragraph (5), regulation 80 (delivery of postal ballot papers) applies to the issue of a tendered postal ballot paper.
- (4) The tendered postal ballot paper, the declaration of identity and the envelopes must be sent to—
- (a) where P is an elector, the address that would be shown in the absent voters list but for section 7(4A) of the 1985 Act;
- (b) where P is entitled to vote by post as proxy, the address that would be shown in the special list kept under section 9(9) of the 1985 Act but for section 9(9A) or (9B) of that Act.
- (5) Where P applies in person, the Chief Electoral Officer may hand a tendered postal ballot paper to P instead of delivering it in accordance with regulation 80.
- (6) The Chief Electoral Officer must enter in a list kept for the purpose (“the list of tendered postal ballot papers”)—
- (a) the entry in the register of the elector in question;
- (b) the number of the tendered postal ballot paper issued under this regulation; and
- (c) where P is entitled to vote by post as proxy, the proxy’s electoral number or, as the case may be, a statement that the proxy is not registered as an elector.
- (7) On receipt of a covering envelope of a tendered postal ballot paper before the close of the poll, the Chief Electoral Officer must—
- (a) separate it from the covering envelopes of the other postal ballot papers; and
- (b) place it in a separate ballot box for the reception of tendered postal ballot papers.
- (8) As soon as practicable after the close of the poll, the Chief Electoral Officer must count and record the number of covering envelopes of tendered postal ballot papers and open each covering envelope separately.
- (9) Before proceeding under rule 40ZA(9) of the elections rules, the Chief Electoral Officer must satisfy himself that each tendered postal ballot paper—
- (a) is not void under rule 40ZA(7); and
- (b) is accompanied by a valid declaration of identity which is marked with the same number as the tendered postal ballot paper.
- (10) Where the Chief Electoral Officer is not so satisfied, that officer must—
- (a) mark the tendered postal ballot paper as “rejected”; and
- (b) place the tendered postal ballot paper, attached to the declaration of identity (if any), in a receptacle for rejected tendered postal votes.
- (11) The Chief Electoral Officer must seal the contents of the receptacle for rejected tendered postal votes in a separate packet.
Form A1
Form B
Form B1
Form C
Form D
Form E
Form F
Form G
Form H
Form J
Form K
Form L
Form M
Form K1
Form O
Time when postal ballot papers are to be issued
70A
Postal ballot papers (and declarations of identity) must not be issued by the counting officer so as to be received by persons entitled to vote in the referendum before the beginning of the relevant period within the meaning of section 125 of the Political Parties, Elections and Referendums Act 2000 (restriction on campaigning by certain persons and bodies).
Form of declaration of identity
Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers
Notification of requirement of secrecy
Notice of issue of postal ballot papers
Procedure on issue of postal ballot paper
Refusal to issue postal ballot paper
Envelopes
Sealing up of completed corresponding number lists and security of special lists
Delivery of postal ballot papers
Spoilt postal ballot papers
Tendered postal ballot papers
Retention of information in connection with an application for registration
27A
- (A1) If a person provides an original document in accordance with regulation 25A(2), 25B(2), 25C(2), 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or (5), 27ZE(3)(a) or 27ZG(7), the registration officer must make a copy of that document and return the original document to the person who provided it.
- (1) In respect of any application for registration, until the application has been determined, the registration officer—
- (a) shall retain the application form or, in the case of an application submitted through the UK digital service, the information contained in the application; and
- (b) must retain any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (A1), a copy of such documents.
- (2) After the determination of the application, the registration officer may continue to retain any information or document mentioned in paragraph (1) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.
- (3) In respect of any relevant canvass form, until the end of the register alteration day, the registration officer—
- (a) shall retain the canvass form or, in the case of a canvass form submitted through the UK digital service, the information contained in the form; and
- (b) may retain any other documentation or information provided to the registration officer in connection with the submission of the form.
- (4) After the register alteration day, the registration officer may continue to retain any information or document mentioned in paragraph (3) until such time as the officer considers that it is not required for or in connection with the exercise of the officer’s functions.
- (5) In this regulation—
- “relevant canvass form” means a canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;
- “register alteration day” means, in respect of a relevant canvass form, the day on which the Chief Electoral Officer for Northern Ireland has determined what alterations to the officer’s registers fall to be made as a result of the submission of that canvass form.
Objections to registration
Inspection of applications and objections
Verification of information provided in an application
42A
- (1) In the case of a relevant application submitted through the UK digital service, the Minister of the Crown responsible for providing the UK digital service may disclose the name and any previous name, date of birth and national insurance number of the applicant given in the application to the Secretary of State.
- (2) On receipt of a relevant application other than one submitted through the UK digital service, the registration officer may disclose the name and any previous name, date of birth and national insurance number of the applicant given in the application to the Secretary of State through the UK digital service.
- (3) Where information has been disclosed to the Secretary of State under paragraph (1) or (2), the Secretary of State shall compare the information against—
- (a) the name and any previous name, date of birth and national insurance number of individuals appearing in the following types of databases kept by the Department for Work and Pensions—
- (i) databases kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Communities); and
- (ii) databases relating to working tax credit, child tax credit and child benefit (being information kept on behalf of Her Majesty’s Revenue and Customs); and
- (b) any other information contained in the databases mentioned in sub-paragraph (a) which relates to the information disclosed under paragraph (1) or (2).
- (4) The Secretary of State shall disclose the results of the comparison to the registration officer through the UK digital service, and regulation 41(5) and (7) shall be disregarded for these purposes.
- (5) The registration officer may take such results into account in determining—
- (a) where the relevant application is a canvass form, what alterations to the officer’s registers fall to be made as a result of the submission of that form, and
- (b) where the relevant application is an application for registration, that application.
- (6) Any person who processes the information disclosed under paragraph (1) or (2) shall do so in accordance with any requirements as to the processing of information that may have been imposed in writing by the Minister of the Crown responsible for providing the UK digital service, including requirements as to the transfer, storage, destruction and security of that information.
- (7) In this regulation—
- “relevant application” means—an application for registration; or canvass form completed in respect of any address in connection with a canvass under section 10 of the 1983 Act;
- “the Secretary of State” means the Secretary of State for Work and Pensions.
Disclosure of information
Notices in connection with registration
Communication of notices made on polling day
Notice by registration officer of a change of address
Prescribed form for canvass
Retention of entries on the register following a canvass
Retention of registration information
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Notification of determination of application for electoral identity card
13A
- (1) Where the Chief Electoral Officer for Northern Ireland determines an application for an electoral identity card, they must notify the applicant of that determination, together with any other information required by this regulation.
- (2) Where the Chief Electoral Officer refuses the application, they must also notify the applicant of—
- (a) the reason for the refusal,
- (b) the right of appeal under section 58(1)(bb) of the 1983 Act, and
- (c) the time in which any notice of appeal under that section must be given (in accordance with regulation 13B(1)).
- (3) Where the Chief Electoral Officer notifies the applicant other than by written notification, they must, as soon as reasonably practicable after that notification send a written notification containing the same information to the applicant’s address, as specified in the application.
Appeal following determination
13B
- (1) A person who wishes to appeal under section 58(1)(bb) of the 1983 Act against a determination of the Chief Electoral Officer for Northern Ireland to refuse an application for an electoral identity card must give notice of the appeal to the Chief Electoral Officer before the end of the period of 14 days beginning with the day on which the notification under regulation 13A is given, specifying the grounds of the appeal.
- (2) Where regulation 13A(3) applies in respect of the refusal, the reference to notification in paragraph (1) is to be read as the first notification under regulation 13A to that person.
- (3) The Chief Electoral Officer must forward any such notice of appeal to the appropriate county court in the manner directed by rules of court together with a statement setting out—
- (a) the material facts which in the Chief Electoral Officer’s opinion have been established in the case,
- (b) the Chief Electoral Officer’s decision, and
- (c) the Chief Electoral Officer’s representations on any point specified as a ground of appeal.
- (4) The Chief Electoral Officer must also give to the county court any other information which the court may require and which the Chief Electoral Officer is able to give.
- (5) Where it appears to the Chief Electoral Officer that any notices of appeal given to the Chief Electoral Officer are based on similar grounds, the Chief Electoral Officer must 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.
Registration of European parliamentary overseas electors
Amendment of rule 37(1E) of the elections rules
PART 6A — Supply of date of birth lists to police and pursuant to a court order
Interpretation of Part 6A
114A
- (1) In this Part, “date of birth list” means a list prepared under rule 19B(1) of the elections rules (lists of electors’ and proxies’ dates of birth) and includes any part of such a list.
- (2) Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act, any duty on the Chief Electoral Officer for Northern Ireland to supply a date of birth list imposes only a duty to provide the list in the form in which the Chief Electoral Officer holds it.
Supply of date of birth lists to police forces and restrictions on use
114B
- (1) The Chief Electoral Officer for Northern Ireland must, on receipt of a written request from a police force for a date of birth list—
- (a) if the request was for a copy of a date of birth list in printed form, provide the police force with a printed copy of the list specified in the request;
- (b) if the request was for a date of birth list in data form, provide the police force with the data form of the list specified in the request.
- (2) No person serving whether as a constable, officer or employee in a police force may—
- (a) supply a date of birth list, or a copy of such a list, to any person,
- (b) disclose any information contained in a date of birth list, or
- (c) make use of any such information,
otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).
- (3) The restrictions in paragraph (2) apply to a person—
- (a) to whom a date of birth list (or copy) has been supplied under that paragraph, or
- (b) to whom information in such a list has been disclosed under that paragraph,
as they apply to the persons referred to in that paragraph.
- (4) In this regulation—
- (a) “police force” means—
- (i) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,
- (ii) a police force in Great Britain,
- (iii) the National Crime Agency, or
- (iv) any body of constables established under an Act of Parliament;
- (b) the reference to an employee in a police force includes—
- (i) any person working or providing services for the police force, and
- (ii) any person employed by or on behalf of, or working for, a person referred to in sub-paragraph (i).
Court orders for production of date of birth lists
114C
- (1) The High Court, a county court or an election court may make an order for the inspection or production of a date of birth list, if satisfied by evidence on oath that the order is required for the purposes of—
- (a) instituting or maintaining a prosecution in relation to an election, or
- (b) an election petition.
- (2) An order under paragraph (1) may be made subject to conditions, including conditions relating to—
- (a) the persons who may inspect the list or to whom the list may be produced,
- (b) the time of inspection or production, and
- (c) the place and mode of inspection or production.
- (3) An appeal lies to the High Court from any order of a county court under paragraph (1).
- (4) A power to make an order under paragraph (1)—
- (a) in the case of a power of the High Court, may be exercised by any judge of the court otherwise than in open court, and
- (b) in the case of a power of a county court, may be exercised in such manner as may be provided by rules of court.
- (5) Where an order is made for the production of a date of birth list relating to a specified election, the production of the list in the manner directed by the order is to be conclusive evidence that the list relates to the specified election.
- (6) A third party who has inspected a date of birth list or to whom a date of birth list has been produced pursuant to an order under paragraph (1) may not—
- (a) supply the list, or a copy of it, to any person,
- (b) disclose any information contained in it, or
- (c) make use of any such information,
otherwise than for the purposes of the proceedings in relation to which the order was made18.
- (7) The restrictions in paragraph (6) apply to a person—
- (a) to whom a date of birth list (or copy) has been supplied under that paragraph, or
- (b) to whom information in such a list has been disclosed under that paragraph,
as they apply to the third party to whom the list was first supplied.
- (8) In this regulation, “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate functions.
Reminders to electors registered in pursuance of an overseas elector’s declaration
23A
- (1) This paragraph applies in relation to a person (“P”) who is registered in pursuance of an overseas elector’s declaration.
- (2) Subject to paragraph (3), the registration officer must, during the relevant period, send to P a reminder in writing of the need to make a renewal declaration if P wishes to remain registered in pursuance of the overseas elector’s declaration.
- (3) Paragraph (2) does not apply or ceases to apply where the registration officer has received—
- (a) a renewal declaration from P, or
- (b) information which indicates that P is no longer entitled to make a renewal declaration.
- (4) In paragraph (2), “relevant period” means the period—
- (a) beginning with 1st July of the year in which P’s registration is due to end in accordance with section 1D(1)(a) or (3)(a) of the 1985 Act17, and
- (b) ending with 1st October of that year.
Renewal declarations
23B
- (1) A renewal declaration must include, in addition to the information required or permitted by section 1E of the 1985 Act—
- (a) the declarant’s national insurance number, and
- (b) the declarant’s present address.
- (2) A renewal declaration must be in writing and be signed by the declarant.
Notification about continued registration as an overseas elector following renewal declaration
23C
- (1) Where the registration officer is satisfied that a person making a renewal declaration (“the declarant”) is entitled to remain registered in pursuance of an overseas elector’s declaration, the registration officer must notify the declarant of that fact.
- (2) Where the registration officer is not so satisfied, the registration officer must notify the declarant of that fact together with the registration officer’s reasons for not being so satisfied.
Regulation 25 supplementary: additional supporting material in relation to identity
25A
- (1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the identity of an applicant.
- (2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—
- (a) one of the following documents issued to the applicant—
- (i) a passport;
- (ii) a photocard driving licence (current or expired) issued in the United Kingdom or the European Economic Area or granted by a Crown Dependency;
- (iii) a biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the UK Borders Act 200718;
- (iv) an electoral identity card issued under section 13C(1) of the 1983 Act19;
- (v) an identity card issued in the European Economic Area;
- (vi) a Senior SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
- (vii) a Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
- (viii) a War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
- (ix) a 60+ SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;
- (x) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st April 2004;
- (xi) a statutory declaration as to the applicant’s name and date of birth, or
- (b) if the applicant is unable to provide a document listed in sub-paragraph (a), two of the following documents issued to or in respect of the applicant—
- (i) a copy of the applicant’s birth certificate20;
- (ii) a marriage certificate;
- (iii) a certificate of civil partnership;
- (iv) an adoption certificate;
- (v) a driving licence other than a driving licence specified in sub-paragraph (a)(ii);
- (vi) a firearms certificate issued under the Firearms (Northern Ireland) Order 200421;
- (vii) a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;
- (viii) a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;
- (ix) a Form P45 or Form P60 issued to the applicant by their employer or former employer;
- (x) a statement of benefits or entitlement to benefits under an enactment relating to social security, where the statement contains the applicant’s national insurance number.
- (3) If the applicant is unable to provide a document listed in paragraph (2)(a) or two of the documents listed in paragraph (2)(b), the additional supporting material is an attestation which—
- (a) confirms that the applicant is the person named in the application, and
- (b) meets the general attestation requirements in regulation 27ZH(1).
- (4) In paragraph (1), “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man.
Regulation 25 supplementary: additional supporting material in relation to nationality
25B
- (1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the nationality of an applicant.
- (2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of—
- (a) if the applicant is not seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—
- (i) a copy of the applicant’s birth certificate;
- (ii) a certificate of naturalisation showing that the applicant has become a British citizen or Commonwealth citizen by virtue of naturalisation;
- (iii) a document showing that the applicant has become a British citizen or Commonwealth citizen by virtue of registration;
- (iv) a statutory declaration that the applicant is a British citizen, a qualifying Commonwealth citizen, a citizen of Ireland , a qualifying EU citizen or an EU citizen with retained rights;
- (v) a passport issued by the Government of the United Kingdom, a member State or a Commonwealth country, or
- (b) if the applicant is seeking to be registered in pursuance of an overseas elector’s declaration, one of the following documents issued to or in respect of the applicant—
- (i) a copy of the applicant’s birth certificate;
- (ii) a certificate of naturalisation showing that the applicant has become a British citizen by virtue of naturalisation;
- (iii) a document showing that the applicant has become a British citizen by virtue of registration;
- (iv) a statutory declaration that the applicant is—
- (aa) a British citizen, or
- (bb) an Irish citizen who was born in Northern Ireland and qualifies as a British citizen (whether or not the applicant identifies as such).
- (3) If the applicant is unable to provide a document listed in paragraph (2)(a) or (b) (whichever is relevant), the additional supporting material is an attestation which—
- (a) confirms that the nationality of the applicant is the nationality stated in the application, and
- (b) meets the general attestation requirements in regulation 27ZH(1).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 25 supplementary: additional supporting material in relation to address claimed as qualifying address
25C
- (1) This regulation prescribes the additional supporting material which, for the purposes of sections 13BA(3) and 13BC of the 1983 Act, the registration officer may require in relation to the address which an applicant claims as their qualifying address.
- (2) The additional supporting material is a copy of, or, where the registration officer considers it appropriate, the original of any document which—
- (a) is listed in paragraph (4), and
- (b) bears—
- (i) the full current or former name of the applicant, and
- (ii) the address claimed as the qualifying address.
- (3) Where the applicant is not seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, the document referred to in paragraph (2) must have been issued within the period of three months ending with the date of application unless it is a driving licence.
- (4) The documents are—
- (a) a driving licence issued in the United Kingdom which—
- (i) if the applicant is seeking to be registered in pursuance of a service declaration, a declaration of local connection or an overseas elector’s declaration, may be current or expired;
- (ii) otherwise, must be current;
- (b) a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);
- (c) a utility or mobile telephone bill;
- (d) a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;
- (e) a credit card statement;
- (f) a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 198524;
- (g) a pension statement;
- (h) an instrument of a court appointment, such as a grant of probate or letters of administration;
- (i) a letter from His Majesty’s Revenue and Customs;
- (j) a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;
- (k) a letter from Student Finance Northern Ireland;
- (l) an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;
- (m) a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;
- (n) a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;
- (o) a letter from an insurance provider;
- (p) a rent book issued by the Northern Ireland Housing Executive;
- (q) a statement of benefits or entitlement to benefits under an enactment relating to social security;
- (r) a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;
- (s) a letter from the Office of Care and Protection, confirming the registration of a lasting power of attorney.
- (5) If the applicant is unable to provide a document which meets the requirements of paragraph (2) and (if relevant) paragraph (3), the additional supporting material is an attestation which—
- (a) confirms the basis on which the applicant is entitled to be registered in respect of the address claimed as their qualifying address, and
- (b) meets the general attestation requirements in regulation 27ZH(1).
- (6) If the applicant’s name in a document provided in accordance with paragraph (2) is different from the applicant’s name in their application, the additional supporting material also includes—
- (a) an explanation as to the difference in name, and
- (b) evidence confirming the change of the applicant’s name.
Reminders to electors registered in pursuance of a service declaration or declaration of local connection
Reminders to persons who have an anonymous entry
Applications for registration
Overseas electors: power to require additional evidence where applicant under 18 when last resident in the United Kingdom
27ZA
- (1) This regulation applies where—
- (a) a person has made an application to be registered in pursuance of an overseas elector’s declaration,
- (b) the applicant has indicated that they were under the age of 18 years on the last day on which they were resident in the United Kingdom, and
- (c) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as their qualifying address on that day.
- (2) The registration officer may require the applicant to provide—
- (a) the full name of a parent or guardian of the applicant who was resident at the address claimed as the qualifying address on the last day on which the applicant was resident in the United Kingdom, and
- (b) an indication as to whether the parent or guardian was registered in the register in respect of that address on that day.
- (3) Where the information provided in accordance with paragraph (2) is in relation to a parent, the applicant must also provide a copy of the applicant’s birth certificate showing the full name of that parent and the applicant’s date of birth.
- (4) Where the information provided in accordance with paragraph (2) is in relation to a guardian, the registration officer may require the applicant to provide such documentary evidence as the registration officer considers appropriate confirming that the person named was a guardian of the applicant.
Overseas electors: power to require additional evidence of previous residence
27ZB
- (1) This regulation applies where—
- (a) a person has made an application to be registered in pursuance of an overseas elector’s declaration, and
- (b) the registration officer considers that additional evidence is necessary to be satisfied that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).
- (2) The registration officer may require the applicant to provide a copy of, or, where the registration officer considers it appropriate, the original of, any document which—
- (a) bears the full current or previous name of the applicant, and
- (b) bears the address claimed as the qualifying address.
- (3) A document which meets the requirements of paragraph (2) and is listed in paragraph (5) is deemed to provide conclusive evidence that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant).
- (4) But the deeming provision in paragraph (3) only applies in the case of a document bearing the previous name of the applicant where the registration officer is satisfied as to the applicant’s change in name (see further, regulation 27ZG).
- (5) The documents are—
- (a) a driving licence (current or expired) issued in the United Kingdom;
- (b) a bill or statement of account issued by Land and Property Services (meaning that part of the Department of Finance in Northern Ireland known as Land and Property Services Executive Agency);
- (c) a utility or mobile telephone bill;
- (d) a bank or building society passbook or statement, or a letter from a bank or building society, confirming that the applicant has opened an account with that bank or building society;
- (e) a credit card statement;
- (f) a bill or statement issued by a credit union within the meaning of article 2 of the Credit Unions (Northern Ireland) Order 1985;
- (g) a pension statement;
- (h) an instrument of a court appointment, such as a grant of probate or letters of administration;
- (i) a letter from His Majesty’s Revenue and Customs;
- (j) a letter from a school, college, university or other educational institution which confirms the attendance of, or the offer of a place for, the applicant at that institution;
- (k) a letter from Student Finance Northern Ireland;
- (l) an official copy of the land registry entry for the address claimed as the qualifying address or other proof of title for that address;
- (m) a solicitor’s letter confirming the purchase of, or confirmation of the land registry registration of, the address claimed as the qualifying address;
- (n) a Form P45, Form P60, reference or payslip issued to the applicant by their employer or former employer;
- (o) a letter from an insurance provider;
- (p) a rent book issued by the Northern Ireland Housing Executive;
- (q) a statement of benefits or entitlement to benefits under an enactment relating to social security;
- (r) a letter from the Department for Communities in Northern Ireland confirming the applicant’s entitlement to a state pension;
- (s) a letter from the Office of Care and Protection in Northern Ireland, confirming the registration of a lasting power of attorney.
- (6) If the applicant is unable to provide a document which meets the requirements of paragraph (2), or if the evidence provided in accordance with this regulation is not sufficient for the registration officer to determine that the applicant satisfies the previous registration condition or the previous residence condition (whichever is relevant), the registration officer may proceed under regulations 27ZC to 27ZF (so far as relevant).
Overseas electors: power to require attestation as to applicant’s previous residence at address claimed as qualifying address
27ZC
- (1) This regulation applies where—
- (a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation, and
- (b) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was resident at the address claimed as the qualifying address.
- (2) The registration officer may require the applicant to provide an attestation which—
- (a) confirms that the applicant was resident at the address claimed as the qualifying address,
- (b) indicates the dates between which, to the best of the attestor’s knowledge, the applicant was resident at that address, and
- (c) meets the general attestation requirements in regulation 27ZH(1).
Overseas electors: power to require additional evidence as to previous registration in pursuance of a service declaration, residence as a merchant seaman or an overseas elector’s declaration
27ZD
- (1) This regulation applies where—
- (a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
- (b) the application is made in reliance on the previous registration condition,
- (c) the applicant has indicated that—
- (i) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a service declaration, or
- (ii) their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of residence determined in accordance with section 6 of the 1983 Act (residence: merchant seamen)29, and
- (d) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.
- (2) The registration officer may require the applicant to provide either or both of the following—
- (a) a copy of, or, where the registration officer considers it appropriate, the original of, any document which—
- (i) bears the full current or previous name of the applicant, and
- (ii) confirms that the applicant met the registration status requirement in paragraph (3);
- (b) an attestation which—
- (i) confirms the basis on which the applicant met the registration status requirement in paragraph (3),
- (ii) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and
- (iii) meets the general attestation requirements in regulation 27ZH(1).
- (3) The registration status requirement is that the applicant—
- (a) where paragraph (1)(c)(i) applies, had a service qualification, or
- (b) where paragraph (1)(c)(ii) applies, was a merchant seaman within the meaning of section 6 of the 1983 Act.
- (4) Paragraph (5) applies where the applicant indicates that they were eligible to make a service declaration because they were the spouse or civil partner of a person (“D”) mentioned in section 14(1)(a), (b) or (c) of the 1983 Act30.
- (5) In addition to or instead of requiring evidence in accordance with paragraph (2)(a), the registration officer may require the applicant to provide the registration officer with a copy of, or, where the registration officer considers it appropriate, the original of, either of both of the following—
- (a) a document which—
- (i) bears D’s full current or previous name, and
- (ii) confirms D’s service qualification under section 14(1) of the 1983 Act;
- (b) a document which—
- (i) bears D’s full current or previous name, and
- (ii) confirms that D was, at the time the document was issued, the applicant’s spouse or civil partner.
- (6) In this regulation—
- “previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;
- “service qualification” has the same meaning as in section 14(1) of the 1983 Act.
Overseas electors: power to require additional evidence as to declaration of local connection
27ZE
- (1) This regulation applies where—
- (a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
- (b) the application is made in reliance on the previous registration condition,
- (c) the applicant has indicated that their previous registration, or their last registration in the register otherwise than as an overseas elector, was in pursuance of a declaration of local connection, and
- (d) the registration officer considers that additional evidence is necessary to be satisfied that the applicant was previously registered in respect of the address claimed as the qualifying address.
- (2) This regulation also applies where—
- (a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
- (b) the application is made in reliance on section 1A(3)(b)(ii) of the 1985 Act (previous residence condition: declaration of local connection), and
- (c) the registration officer considers that additional evidence is necessary to be satisfied that, on the last day on which the applicant was resident in the United Kingdom, the applicant could have made a declaration of local connection.
- (3) The registration officer may require the applicant to provide either or both of the following—
- (a) a copy of, or, where the registration officer considers it necessary, the original of, any document which—
- (i) bears the full current or previous name of the applicant, and
- (ii) confirms that section 7B of the 1983 Act (notional residence: declarations of local connection) applied to the applicant on the last day on which the applicant was resident in the United Kingdom;
- (b) an attestation which—
- (i) confirms the basis on which the applicant met the local connection requirement,
- (ii) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the local connection requirement, and
- (iii) meets the general attestation requirements in regulation 27ZH(1).
- (4) The local connection requirement is that—
- (a) where it is indicated that section 7B(2)(a) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—
- (i) the applicant was a patient in a mental hospital, and
- (ii) section 3A of the 1983 Act (disenfranchisement of offenders detained in mental hospitals)31 and section 7A of the 1983 Act (residence: persons remanded in custody etc.)32 did not apply to the applicant;
- (b) where it is indicated that section 7B(2)(b) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom—
- (i) the applicant was detained at any place pursuant to a relevant order or direction, and
- (ii) the applicant was so detained otherwise than after being convicted of any offence or a finding in criminal proceedings that the applicant did the act or made the omission charged;
- (c) where it is indicated that section 7B(2)(c) of the 1983 Act applied to the applicant on the last day on which the applicant was resident in the United Kingdom, the applicant was—
- (i) a homeless person, and
- (ii) not in legal custody.
- (5) For the purposes of paragraph (4), it is to be assumed that—
- (a) sections 3A and 7A of the 1983 Act were in force at any relevant time, and
- (b) section 7B of the 1983 Act was in force on the last day on which the applicant was resident in the United Kingdom.
- (6) In this regulation—
- “homeless person” has the same meaning as in section 7B(2)(c) of the 1983 Act;
- “previous registration” means the registration referred to in section 1A(2)(a) of the 1985 Act;
- “a relevant order or direction” has the same meaning as in section 7A(6) of the 1983 Act.
Overseas electors: power to require attestation as to applicant’s connection to address claimed as qualifying address
27ZF
- (1) This regulation applies where—
- (a) the registration officer is permitted by regulation 27ZB(6) to proceed under this regulation,
- (b) regulation 27ZD(1)(c) or 27ZE(1)(c) or (2)(b) applies, and
- (c) the registration officer considers that additional evidence is necessary to be satisfied that the applicant has a previous connection to the address claimed as the qualifying address.
- (2) The registration officer may require the applicant to provide an attestation which—
- (a) confirms the basis on which the applicant met the qualifying address connection requirement,
- (b) indicates the dates between which, to the best of the attestor’s knowledge, the applicant met the requirement, and
- (c) meets the general attestation requirements in regulation 27ZH(1).
- (3) The qualifying address connection requirement is—
- (a) where the applicant claims that they had a service qualification, that the applicant would have been residing at the address claimed as the qualifying address but for the applicant’s service qualification;
- (b) where the applicant claims that they were a merchant seaman, that the applicant—
- (i) would have been residing at the address claimed as the qualifying address but for the applicant’s occupation as a merchant seaman, or
- (ii) commonly stayed at the address claimed as the qualifying address, which was a hotel or club providing accommodation for merchant seamen, during the course of the applicant’s occupation as a merchant seaman;
- (c) where the applicant claims that they were a patient in a mental hospital or detained, that the applicant would have been residing at the address claimed as the qualifying address if the applicant had not been a patient or detained;
- (d) where the applicant claims that they were a homeless person, that the address claimed as the qualifying address was, or was nearest to, a place in the United Kingdom where the applicant commonly spent a substantial part of the applicant’s time (whether during the day or at night).
- (4) An attestation provided in accordance with this regulation may be combined with an attestation provided in accordance with regulation 27ZD(2)(b) or regulation 27ZE(3)(b) where the attestor for each attestation is the same.
- (5) In this regulation—
- “merchant seaman” has the same meaning as in section 6 of the 1983 Act;
- “service qualification” has the same meaning as in section 14(1) of the 1983 Act.
Overseas electors: power to require additional evidence as to change of name
27ZG
- (1) This regulation applies where—
- (a) a person has made an application to be registered in pursuance of an overseas elector’s declaration, and
- (b) any of conditions A to D are met.
- (2) Condition A is that the applicant has indicated in their declaration that their name has changed since they were last included in the register or since the last day on which they were resident in the United Kingdom.
- (3) Condition B is that—
- (a) the applicant has provided a document in accordance with regulation 27ZA(3) or (4), 27ZB(2), 27ZD(2)(a) or 27ZE(3)(a), and
- (b) the applicant’s name in that document is different from both the applicant’s name in the applicant’s declaration and any name provided in accordance with regulation 20(2)(a)(ii)(aa) or (3)(a)(ii)(aa).
- (4) Condition C is that—
- (a) the applicant has provided the name of a parent or guardian in accordance with regulation 27ZA(2)(a), and
- (b) the name provided is different from the name of the parent or guardian as it appears on—
- (i) the register, or
- (ii) a document provided in accordance with regulation 27ZA(3) or (4).
- (5) Condition D is that—
- (a) the applicant has provided a document in accordance with regulation 27ZD(5)(a) and a document in accordance with regulation 27ZD(5)(b), and
- (b) the name of the applicant’s spouse or civil partner in each of those documents is different.
- (6) The registration officer may require the applicant to provide—
- (a) if Condition A is met, such evidence confirming the change of the applicant’s name as the registration officer considers appropriate, except that the registration officer must require more than an explanation as to the difference in name;
- (b) if Condition B is met—
- (i) an explanation as to the difference in name, or
- (ii) such other evidence confirming the change of the applicant’s name as the registration officer considers appropriate, and
- (c) if Condition C or D is met—
- (i) an explanation as to the difference in name, or
- (ii) where the applicant does not know the reason for the difference, a statement to that effect.
- (7) Where the applicant provides a copy of a document in accordance with paragraph (6)(a) or (b)(ii), the registration officer may, if the registration officer considers it appropriate, require the applicant to provide the original document.
Attestations: general requirements
27ZH
- (1) For the purposes of regulations 25A to 25C and 27ZC to 27ZF, the general attestation requirements are that the attestation must—
- (a) be in writing,
- (b) be made by a qualifying attestor,
- (c) state the full name, date of birth, present address and occupation of the qualifying attestor,
- (d) state the address in respect of which the qualifying attestor is registered as an elector,
- (e) state—
- (i) where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the number of the qualifying attestor’s British or Irish passport together with its date and place of issue;
- (ii) otherwise—
- (aa) where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number)33, that digital registration number;
- (bb) in all other cases, the qualifying attestor’s electoral number,
- (f) if the attestation is required in connection with an application to be registered in pursuance of an overseas elector's declaration, provide an explanation as to the qualifying attestor’s ability to provide the information required about the applicant, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that the connection has existed,
- (g) state the name under which the qualifying attestor is registered in a register of parliamentary or local electors if their name has changed since the entry on the register was made,
- (h) state that the qualifying attestor is aware of the penalty for providing false information to a registration officer,
- (i) include a statement which confirms that all of the information provided in the attestation is true, and
- (j) be signed and dated by the qualifying attestor.
- (2) In this regulation, “qualifying attestor” has the meaning given in regulation 27ZI(1).
Meaning of qualifying attestor
27ZI
- (1) A “qualifying attestor” is a person (“P”) who—
- (a) is aged 18 years or over,
- (b) is registered in a register of parliamentary or local government electors,
- (c) is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,
- (d) except where P is registered in pursuance of an overseas elector’s declaration, is a person whom the registration officer is satisfied is of good standing in the community, and
- (e) meets the requirements of paragraph (2).
- (2) P meets the requirements of this paragraph where—
- (a) if the attestation required is an attestation in accordance with regulation 25A(3), P has not already signed attestations to which paragraph (3) applies for two applicants since the relevant date;
- (b) if the attestation required is an attestation in accordance with regulation 25B(3), P has not already signed attestations in accordance with that regulation for two applicants since the relevant date;
- (c) if the attestation required is an attestation in accordance with regulation 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) or 27ZF(2), P has not already signed attestations to which paragraph (4) applies for two applicants since the relevant date.
- (3) This paragraph applies to an attestation made in accordance with any of the following provisions—
- (a) regulation 25A(3);
- (b) regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (England and Wales) Regulations 200134;
- (c) regulations 26B(6) and (6ZA) and 56C(5A) and (6) of the Representation of the People (Scotland) Regulations 200135;
- (d) paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 201236;
- (e) regulation 72B(5A) and (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 201637;
- (f) regulation 7(6) of the Voter Identification Regulations 202238.
- (4) This paragraph applies to an attestation made in accordance with any of the following provisions—
- (a) regulations 25C(5), 27ZC(2), 27ZD(2)(b), 27ZE(3)(b) and 27ZF(2);
- (b) regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (England and Wales) Regulations 200139;
- (c) regulations 26E(2), 26F(2)(b), 26G(3)(b) and 26H(3) of the Representation of the People (Scotland) Regulations 2001.
- (5) In paragraph (2), the “relevant date” is whichever is the later of—
- (a) the date on which the revised register in which the attestor’s name appears was last published under section 13(1) of the 1983 Act, and
- (b) the date on which a notice specifying the attestor’s entry in the register was issued (or last issued) under section 13A(2), 13BA(3) or 13BC of that Act.
Processing of information provided in connection with an application for registration
Objections to registration
Inspection of applications and objections
Alternative means of returning postal ballot paper
81B
For the purposes of rule 45(2)(a) of the election rules, a postal ballot paper—
- (a) may be returned to the returning officer by post or by hand, and
- (b) must be returned to the returning officer in a covering envelope.
Notice of opening of postal ballot paper envelopes
Postal ballot boxes and receptacles
Receipt of covering envelope by post
Return of postal voting documents by hand
84A
- (1) This regulation applies where a person (“P”) seeks to hand in a postal voting document before the close of the poll.
- (2) P must complete a form containing the information prescribed in regulation 84B(1) (a “return of postal voting documents form”) in relation to—
- (a) that postal voting document, and
- (b) any other postal voting documents which P is seeking to hand in at that time.
- (3) The returning officer must then decide whether to reject any of the postal voting documents handed in by P.
- (4) Where the returning officer does not reject any of the postal voting documents handed in by P, the returning officer must proceed under regulation 84D.
- (5) Where the returning officer rejects one or more of the postal voting documents handed in by P, the returning officer must proceed under regulation 84E.
- (6) For the purposes of this regulation and regulations 84B to 84E (so far as relevant), each covering envelope handed in by P is to remain unopened; and references to postal voting documents handed in by P in those regulations are to postal voting documents as contained in such envelopes.
- (7) In this regulation, “reject” means reject under regulation 84C.
Return of postal voting documents form: prescribed information
84B
- (1) For the purposes of regulation 84A(2), the prescribed information is—
- (a) P’s name and address;
- (b) the total number of covering envelopes that P is handing in;
- (c) whether P is handing in postal voting documents issued to P as an elector;
- (d) whether P is handing in postal voting documents issued to P as a proxy, and if so for how many electors;
- (e) whether P is handing in postal voting documents which were not issued to P, and if so for how many electors and why;
- (f) a declaration by P that—
- (i) the number of electors for whom P has handed in postal voting documents for the election concerned, including those postal voting documents being handed in at that time, but excluding those issued to P and those rejected in accordance with regulation 84C on a previous occasion, does not exceed the permitted number (see further, regulation 84C), and
- (ii) either—
- (aa) to the best of P’s knowledge, P is not a political campaigner for whom it is an offence under section 112A of the 1983 Act (offences relating to handling of postal voting documents) to handle the postal voting documents concerned, or
- (bb) P is a political campaigner and is only handing in postal voting documents for one or more persons mentioned in paragraph (2).
- (2) The persons are—
- (a) P,
- (b) P’s spouse, civil partner, parent, grandparent, brother, sister, child and grandchild, and
- (c) someone for whom P provides regular care or for whom regular care is provided by an organisation which employs or engages P.
- (3) For the purposes of paragraph (2)—
- (a) two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other;
- (b) a reference to a person who “engages” another person, or to a person who provides care for another person, includes a reference to a person who engages or provides care otherwise than for payment or promise of payment.
Rejection of postal voting documents handed in to the returning officer
84C
- (1) The returning officer must reject—
- (a) all postal voting documents handed in together by P, where P fails to provide all the information prescribed in regulation 84B(1) on the return of postal voting documents form;
- (b) all postal voting documents handed in together by P, where the returning officer has reasonable cause to suspect that the documents are handed in on behalf of more than five electors;
- (c) all postal voting documents handed in together by P, where the returning officer has reasonable cause to suspect that, taking those documents together with any postal voting documents handed in by P on any previous occasion, disregarding any that were rejected in accordance with this regulation, P has handed in postal voting documents on behalf of more than five electors.
- (2) In paragraph (1)(b) and (c)—
- (a) references to postal voting documents handed in by P are to postal voting documents relating to the same election, but do not include references to a postal voting document issued to P;
- (b) “electors” means persons who are electors in relation to the election to which the postal voting documents handed in by P relate.
- (3) Where P hands in postal voting documents completed by P as proxy for one or more electors, for “five” in paragraph (1)(b) and (c), substitute the number that is five minus the number of electors for whom P is handing in, or has handed in on a previous occasion, postal voting documents as proxy.
- (4) The returning officer may reject a postal voting document handed in by P where the returning officer knows or has reasonable cause to suspect that, in handing in the document, P commits an offence under section 112A of the 1983 Act.
Procedure where no postal voting document handed in by P is rejected in accordance with regulation 84C
84D
- (1) Where the returning officer is required by regulation 84A(4) to proceed under this regulation, the returning officer must take the following steps.
- (2) The returning officer must immediately endorse the return of postal voting documents form completed by P to confirm—
- (a) that the returning officer—
- (i) is satisfied that all the information prescribed in regulation 84B(1) has been provided on the form,
- (ii) does not have reasonable cause to suspect that the number of electors for whom P has handed in postal voting documents for the election concerned, including those postal voting documents handed in at that time, but excluding those issued to P and those rejected on a previous occasion, exceeds the permitted number (see further, regulation 84C), and
- (iii) does not know or have reasonable cause to suspect that P is a political campaigner who is committing an offence under section 112A of the 1983 Act, and
- (b) that none of the postal voting documents to which the return of postal voting documents form relates have been rejected.
- (3) The returning officer must then immediately place each postal voting document handed in by P in a postal voters’ ballot box.
- (4) The returning officer must include the return of postal voting documents form completed by P in a packet made up in accordance with regulation 84G(1)(a) before the end of the day on which the postal voting documents are handed in by P.
- (5) Until such time as the form is included in such a packet, the returning officer must take proper precautions for its safe custody.
- (6) In this regulation, “rejected” means rejected in accordance with regulation 84C.
Procedure where at least one postal voting document handed in by P is rejected under regulation 84C
84E
- (1) Where the returning officer is required by regulation 84A(5) to proceed under this regulation, the returning officer must take the following steps.
- (2) The returning officer must immediately indicate on the return of postal voting documents form—
- (a) in relation to each rejected postal voting document handed in by P, the fact of the rejection and the reason or reasons for the rejection;
- (b) in relation to each postal voting document handed in by P which has not been rejected, the fact that it has not been rejected.
- (3) The returning officer must then immediately—
- (a) place in a postal voters’ ballot box each postal voting document handed in by P which has not been rejected, and
- (b) attach the return of postal voting documents form to all the rejected postal voting documents handed in by P.
- (4) The returning officer must, before the end of the day on which the postal voting documents are handed in by P, include in a packet made up in accordance with regulation 84G(1)(b)—
- (a) each rejected postal voting document handed in by P, and
- (b) the attached return of postal voting documents form.
- (5) Until such time as each rejected postal voting document handed in by P and the attached form are included in such a packet, the returning officer must take proper precautions for their safe custody.
- (6) In this regulation, “rejected” means rejected in accordance with regulation 84C.
Postal voting documents left behind with the returning officer
84F
- (1) This regulation applies in relation to a postal voting document (whether or not in a covering envelope) which is brought into the offices of the returning officer so that it may be handed in to a person but is left behind there without being handed in (a “left behind postal voting document”).
- (2) The returning officer must, before the end of the day on which the postal voting document is found—
- (a) write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,
- (b) attach the form to the left behind postal voting document, and
- (c) include the left behind postal voting document and the attached form in a packet made up in accordance with regulation 84G(1)(b).
- (3) Until such time as the left behind postal voting document and the attached return of postal voting documents form are included in a packet made up in accordance with regulation 84G(1)(b), the returning officer must take proper precautions for their safe custody.
- (4) For the purposes of paragraph (2), the returning officer must use a different return of postal voting documents form for each left behind postal voting document, except where the left behind postal voting documents—
- (a) are contained in the same covering envelope, or
- (b) otherwise, were issued to the same person.
- (5) For the purposes of this regulation, each covering envelope which is brought into the offices of the returning officer so that it may be handed in to a person but is left behind there without being handed in is to remain unopened; and references to left behind postal voting documents in paragraphs (2) to (3) are, in appropriate cases, to left behind postal voting documents as contained in such envelopes.
Packets of postal voting documents and return of postal voting documents forms
84G
- (1) The returning officer must make up separate packets for each of the following—
- (a) return of postal voting documents forms endorsed by the returning officer under regulation 84D(2);
- (b) postal voting documents which have been rejected in accordance with regulation 84C or are left behind postal voting documents, together with the return of postal voting documents forms which are attached to those documents.
- (2) Each packet must be sealed with a description of its contents written on the packet.
- (3) The returning office must take proper precautions for the safe custody of each packet referred to in this regulation.
List of electors whose postal voting documents have been rejected in accordance with regulation 84C or left behind
84H
- (1) In respect of each election, subject to paragraph (5), the returning officer must compile a list of electors whose postal voting documents—
- (a) have been rejected in accordance with regulation 84C or were left behind postal voting documents, and
- (b) included a declaration of identity.
- (2) The returning officer must record in the list the information specified in paragraph (3) in relation to each such elector.
- (3) The information is—
- (a) the name and address of—
- (i) the elector, and
- (ii) if a proxy was entitled to vote on the elector’s behalf, the proxy,
- (b) the number on the register of electors of—
- (i) the elector, and
- (ii) if a proxy was entitled to vote on the elector’s behalf, the proxy,
- (c) where—
- (i) the elector’s postal voting documents were rejected in accordance with regulation 84C, the reason or reasons specified in paragraph (4) for the rejection of the postal voting documents;
- (ii) the elector’s postal voting documents were left behind postal voting documents, that fact,
- (d) an indication as to whether the elector’s postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the elector’s declaration of identity, and
- (e) any other information that the returning officer considers appropriate, but not the number of the postal ballot paper.
- (4) The specified reasons are—
- (a) the postal voting documents were handed in 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 to the returning officer but the number of electors for whom P handed in postal voting documents exceeded or was suspected to exceed the permitted number;
- (c) the postal voting documents were handed in or were suspected to be handed in by a political campaigner (within the meaning of section 112A(7) of the 1983 Act) who was not permitted to hand in those postal voting documents.
- (5) For the purposes of compiling the list, the returning officer must—
- (a) open each packet made up in accordance with regulation 84G(1)(b),
- (b) open separately each covering envelope in that packet and any ballot paper envelope in that covering envelope, and
- (c) having recorded all the relevant entries relating to that packet in the list, reseal the packet with its original contents.
- (6) In compiling the list, the returning officer—
- (a) must keep the postal ballot papers face downwards and take proper precautions for preventing any person from seeing the votes made on the postal ballot papers, and
- (b) is not permitted to view the corresponding number list used at the issue of postal ballot papers.
Notification of a postal ballot paper rejected in accordance with regulation 84C or left behind
84I
- (1) This regulation applies where—
- (a) an elector appears on the list compiled in accordance with regulation 84H(1),
- (b) the information recorded on the list indicates that the elector’s postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the elector’s declaration of identity, and
- (c) the elector also appears on the record kept under section 6(3) of the 1985 Act (absent vote at elections for indefinite period).
- (2) The registration officer must notify the following persons that the elector’s postal ballot paper was rejected in accordance with regulation 84C or (as the case may be) was a left behind postal voting document—
- (a) the elector, and
- (b) if a proxy was entitled to vote on the elector’s behalf, the proxy.
- (3) The notification must include—
- (a) where the elector’s postal ballot paper was rejected in accordance with regulation 84C, the reason or reasons for its rejection recorded on the list in accordance with regulation 84H(3)(c)(i), or
- (b) where the elector’s postal ballot paper was a left behind postal voting document, that fact.
- (4) The registration officer must send the notification within the period of three months beginning with the date of poll for which the elector’s postal ballot paper was issued.
- (5) The registration officer is not obliged to send a notification to any person—
- (a) who no longer appears on the record kept under section 6(3) of the 1985 Act at the time the registration officer proposes to send the notification, or
- (b) whom the returning officer suspects may have committed an offence, other than an offence under section 112A of the 1983 Act (offences relating to handling of postal voting documents), in relation to—
- (i) the elector’s postal voting documents, or
- (ii) the elector’s registration on the register.
- (6) A notification issued under paragraph (2) may include any additional information that the registration officer considers appropriate, subject to paragraph (7).
- (7) The notification must not include the following information in relation to either the elector or, if a proxy was entitled to vote on the elector’s behalf, the proxy—
- (a) date of birth;
- (b) signature, or a record of the waiver by the registration officer of the requirement for a signature;
- (c) national insurance number;
- (d) (if applicable) digital registration number.
- (8) In this regulation, “digital registration number” has the same meaning as in section 10B(1) of the 1983 Act.
Opening of postal voters’ ballot box
Opening of covering envelopes
Procedure in relation to declarations of identity
Opening of ballot paper envelopes
Sealing of receptacles
Abandoned poll
Forwarding of documents
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