The Police and Crime Commissioner Elections Order 2012

• (b) the “deadline” means 5 pm on the sixth day before the date of the poll at the PCC election for which an application is made, and paragraph 16(5) applies for the purposes of computing the sixth day as it applies for the purposes of computing a period of days for the purposes of paragraph 16;

• (c) “specified document” has the meaning given in rule 39(2I) of Part 3 of Schedule 3.

Grant or refusal of applications

Refusal to deliver ballot paper

43A

• (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the voter’s electoral number, and

• (b) against that number, the reason for the refusal.

• (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the name and address of the voter, and

• (b) against those details, the reason for the refusal.

• (3) Paragraphs (4) and (5) apply where—

• (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 39(2E), and

• (b) the voter makes a further application as permitted by rule 39(2G).

• (4) If a ballot paper is delivered to the voter following that application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (5) If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter).

• (7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number—

• (a) allocated to the person as stated in the copy of the register of electors, or

• (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

• (8) Subject to rule 39(2G) and paragraph (9), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever.

• (9) A refusal to deliver a ballot paper to a voter is subject to review on an election petition.

• (10) In this rule—

• (a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 37(3) or 39(2E), and

• (b) any reference to paragraph (2E) or (2G) of rule 39 includes a reference to that paragraph as applied by rule 40, 41 or 42.

Spoilt ballot papers

Correction of errors on the day of the poll

Adjournment of poll in case of riot

Procedure on close of poll

Modification of paragraph 23 (issue of official poll cards)

49A

In paragraph 23 (issue of official poll cards), in the inserted text, in paragraph (5A) after sub-paragraph (a) insert—

(aa) a Senedd election,

Modification of paragraph 35 (correction of errors on day of the poll)

Modification of paragraph 42 (the ... count)

Countermand or abandonment of poll on death of candidate

Interpretation

10A

In this Part, “digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for (amongst other purposes) the purpose of processing online applications for absent votes and for verifying information in accordance with paragraph 16B.

General requirements for applications for absent vote

Verification of information provided in an application for absent vote

16B

• (1) On receipt of an application for an absent vote under Part 1 made otherwise than through the digital service, a registration officer must disclose the applicant’s name or names, address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Housing, Communities and Local Government in such format and through such an infrastructure system as the Secretary of State for Housing, Communities and Local Government may have notified to the registration officer in writing.

• (2) Following receipt of the first stage information from the registration officer or, in the case of an application made through or partially completed using the digital service, from an applicant, the Secretary of State for Housing, Communities and Local Government may disclose the first stage information to the Secretary of State for Work and Pensions.

• (3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (2), the Secretary of State for Work and Pensions may compare it against—

• (a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

• (i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development); and

• (ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs); and

• (b) any other information contained in such types of data which relates to the information disclosed under sub-paragraph (2).

• (4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Housing, Communities and Local Government.

• (5) On receipt of the second stage information, the Secretary of State for Housing, Communities and Local Government may disclose that information—

• (a) to the Secretary of State for Work and Pensions, or

• (b) to the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates.

• (6) Sub-paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (5)(a) as it applies to the first stage information disclosed under sub-paragraph (2).

• (7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Housing, Communities and Local Government.

• (8) On receipt of the third stage information, the Secretary of State for Housing, Communities and Local Government may—

• (a) compare the third stage information against the information provided in the relevant application for an absent vote, and

• (b) notify the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates, as to whether the comparison in paragraph (a) resulted in a match.

• (9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Housing, Communities and Local Government in accordance with this regulation when determining the application.

• (10) This paragraph does not apply in relation to an application under paragraph 3(2)—

• (a) which is received by the registration officer after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, and

• (b) where paragraph 16(2) or (2C) applies.

• (11) In this paragraph—

• (a) “infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

• (b) the reference in sub-paragraph (1) to the applicant’s address is a reference to the address contained in the application in accordance with paragraph 11(1)(b).

Power to request additional evidence in relation to absent vote applications where registration officer considers it necessary

16C

• (1) This paragraph applies where, upon receipt of an application for an absent vote under Part 1, a registration officer considers additional evidence is necessary to verify the identity of the applicant.

• (2) The registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents—

• (a) the applicant’s passport;

• (b) the applicant’s identity card issued in the European Economic Area;

• (c) the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the Borders Act 2007;

• (d) the applicant’s electoral identity card issued in Northern Ireland; or

• (e) the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

• (3) Where an applicant is not able to give one of the documents in sub-paragraph (2), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of—

• (a) one of the following documents, which, except in relation to sub-paragraph (vii), must have been issued in the United Kingdom or Crown Dependencies—

• (i) the applicant’s birth certificate;

• (ii) the applicant’s marriage or civil partnership certificate;

• (iii) the applicant’s adoption certificate;

• (iv) the applicant’s firearms certificate granted under the Firearms Act 1968;

• (v) the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976;

• (vi) the applicant’s driving licence, which is not in the form of a photocard; or

• (vii) the applicant’s driving licence granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom; and

• (b) two other documents, each of which may be either from paragraph (a) or from sub-paragraph (4).

• (4) Where the applicant is not able to give documents in accordance with sub-paragraph (3), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name—

• (a) a financial statement, including but not limited to—

• (i) a mortgage statement;

• (ii) a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;

• (iii) a credit card statement;

• (iv) a pension statement;

• (b) a council tax demand letter or statement;

• (c) a utility bill;

• (d) a Form P45 or Form P60 issued to the applicant by their employer or former employer;

• (e) a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act.

• (5) If an applicant is unable to give the documentary evidence required under paragraphs (2) to (4), the registration officer may require that the applicant give an attestation which must—

• (a) confirm that the applicant is the person named in the application;

• (b) state that the person signing the attestation is aware of the penalty for providing false information to a registration officer;

• (c) be in writing and signed by a person—

• (i) whom the registration officer is satisfied is of good standing in the community;

• (ii) who is registered as an elector in a local authority area in England or Wales;

• (iii) who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant; and

• (iv) who has not already signed a relevant identity attestation for two other applicants since, whichever is the later,—

• (aa) the date on which the revised register in which that person’s name appears was last published under section 13(1) of the 1983 Act, or

• (bb) the date on which a notice specifying that person’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued);

• (d) state the full name, date of birth, address, electoral number and occupation of the person signing the attestation; and

• (e) state the date on which it is made.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In sub-paragraph (5)(c)(iv), a “relevant identity attestation” is an attestation provided in accordance with—

• (a) sub-paragraph (5);

• (b) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the 2001 Regulations;

• (c) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the Representation of the People (Scotland) Regulations 2001;

• (ca) regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 2008;

• (d) regulation 72B(5A) or (6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

• (e) regulation 7(6) of the Voter Identification Regulations 2022.

• (8) Sub-paragraphs (2) to (6) do not apply where the applicant is registered, or has applied to be registered, in the register of electors in pursuance of the following declarations—

• (a) a service declaration on the grounds that the applicant is a Crown servant or the spouse or civil partner of a Crown servant;

• (b) a service declaration on the grounds that the applicant is a member of the forces; or

• (c) a service declaration on the grounds that the applicant is the spouse or civil partner of a member of the forces.

• (9) In the case of an application to which sub-paragraph (8)(a) or (c) applies, the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents, which has been certified by a Crown servant or British Council employee or an officer of the forces, who is not the applicant’s spouse or civil partner—

• (a) the applicant’s passport; or

• (b) the applicant’s identity card issued in the European Economic Area.

• (10) In the case of an application to which sub-paragraph (8)(b) applies, the registration officer may require that the applicant give an attestation which must—

• (a) confirm that the applicant is the person named in the application;

• (b) be in writing and signed by an officer of the forces who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant;

• (c) state the full name, address and rank of the person signing the attestation and the service (whether naval, military or air forces) in which they serve; and

• (d) state the date on which it is made.

• (11) In this paragraph—

• “Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man;

• “Crown servant” has the meaning given by regulation 14 of the 2001 Regulations;

• “member of the forces” has the same meaning as in section 59(1) of the 1983 Act;

• “officer of the forces” means a member of the forces who is an officer.

• (12) This paragraph does not apply in relation to an application under paragraph 3(2)—

• (a) which is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it is made, and

• (b) where paragraph 16(2) or (2C) applies.

Processing of information provided in connection with an application for an absent vote

16D

• (1) If a person provides an original document under paragraph 16C, the registration officer must make a copy of that document and return the original document to the person who provided it.

• (2) In respect of an application for an absent vote under Part 1, the registration officer must retain until the application has been determined—

• (a) the application form or, in the case of an application made through the digital service, the information contained in the application transmitted to the registration officer by the Secretary of State;

• (b) 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 (1), a copy of such documents.

• (3) Subject to paragraph (4), the registration officer may retain the application form, information and documents in paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in paragraph (2) by no later than the date which is 13 months from the date on which the registration officer determined the application.

• (4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.

• (5) Information disclosed under paragraph 16B must not be disclosed to any other person, except—

• (a) for the purpose of determining the application for an absent vote in connection with which the information was disclosed, or

• (b) for the purpose of any civil or criminal proceedings.

• (6) A person who discloses information in breach of sub-paragraph (5) is guilty of an offence and liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine (or both);

• (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both).

• (7) Any information disclosed under paragraph 16B must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Housing, Communities and Local Government in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

• (8) In this paragraph, “copy” includes an electronic copy.

Grant or refusal of applications

Offence of handling postal voting documents by political campaigners

9A

• (1) A person who is a political campaigner in respect of a PCC election commits an offence if the person handles a postal voting document that has been issued to another person for use in that election.

• (2) But a person who handles a postal voting document for use in a PCC election does not commit the offence if—

• (a) the person is responsible for, or assists with, the conduct of that election (for example as a police area returning officer or a local returning officer or a person working under the direction of such an officer),

• (b) the person is engaged in the business of a postal operator, or

• (c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building,

and the handling is consistent with the person’s duties in that capacity.

• (3) Nor does a person commit the offence if the person—

• (a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or

• (b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person.

• (4) It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a PCC election.

• (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under sub-paragraph (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

• (6) A person is guilty of a corrupt practice if the person—

• (a) commits the offence under sub-paragraph (1), or

• (b) aids, abets, counsels or procures the commission of that offence.

• (7) For the purposes of this paragraph a person is a political campaigner in respect of a PCC election if any of the following applies—

• (a) the person is a candidate at the election;

• (b) the person is an election agent of a candidate at the election;

• (c) the person is a sub-agent of a person within paragraph (b);

• (d) the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate;

• (e) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election;

• (f) the person is employed or engaged by a registered political party in connection with the party’s political activities;

• (g) the person is employed or engaged by a person within any of paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election;

• (h) the person is employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the election.

• (8) In this paragraph—

• “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011;

• “postal voting document” has the meaning given in article 2(1) but also includes an envelope that has been issued to a person for the purpose of enabling the person to vote by post at a PCC election.

• (9) For the purposes of this paragraph, an envelope—

• (a) that is not a postal voting document within the meaning of sub-paragraph (8), but

• (b) that contains a postal ballot paper or postal voting statement that has been issued to a person for the purpose of enabling the person to vote by post at a PCC election,

is to be treated as if it were a postal voting document that has been issued to the person for use in the election.

• (10) In this paragraph, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment.

• (11) For the purposes of sub-paragraph (3)(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.

Other offences as to postal and proxy vote applications

Requirements of return of postal voting documents form

43A

• (1) The requirements of this paragraph are—

• (a) the person handing in a postal voting document (“P”) completes a form containing the following information (a “return of postal voting documents form”)—

• (i) P’s name and address,

• (ii) whether P is handing in P’s own postal voting documents,

• (iii) the number of other electors for whom P is handing in postal voting documents,

• (iv) the total number of envelopes containing postal ballot papers P is handing in, including P’s own,

• (v) the reason P is handing in postal voting documents for other electors,

• (vi) a declaration by P that P has not handed in postal voting documents at any polling station or to the returning officer for a total of more than the number of electors other than P set out in paragraph 43B(1)(c) or 46B(1)(c), including those being handed in at that time and either—

• (aa) that to the best of P’s knowledge, P is not a political campaigner for whom it is an offence to handle the postal voting documents concerned in accordance with paragraph 9A, or

• (bb) that P is a political campaigner and is only handing in postal voting documents for P and for P’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or someone for whom P provides regular care or for whom regular care is provided by an organisation which employs or engages P, and

• (b) the relevant officer has endorsed the return of postal voting documents form returned by P to confirm the relevant officer’s name and that—

• (i) the relevant officer is satisfied that the form has been completed properly and provides the information required by sub-paragraph (a),

• (ii) the relevant officer does not suspect that the number of electors other than P for whom P is handing in postal voting documents exceeds the number specified in paragraph 43B(1)(b) or (c), or in paragraph 46B(1)(b) or (c),

• (iii) the relevant officer does not suspect that P is a political campaigner who is committing an offence under paragraph 9A, and

• (iv) the postal voting documents to which the form relates are not rejected.

• (2) For the purposes of sub-paragraph (1)(a)(vi)(bb), 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.

Rejection of postal voting documents handed in at a polling station

43B

• (1) A relevant officer must reject—

• (a) all postal voting documents handed in by P where P fails to fully complete the return of postal voting documents form with the required information;

• (b) all postal voting documents handed in by P other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;

• (c) a postal voting document handed in by P or all postal voting documents handed in together by P (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same election, or in respect of an election in England for which the day of poll is the same as the election to which the documents relate (whether to a polling station or to the returning officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other electors.

• (2) Where P hands in one or more proxy postal ballot papers completed by P as proxy for another elector, for “five” in sub-paragraph (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.

• (3) A relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under paragraph 9A.

Procedure for dealing with rejected postal voting documents handed in at a polling station

43C

• (1) Where any postal voting document has been rejected in accordance with paragraph 43B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

• (2) The presiding officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms, sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet.

• (3) Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to the rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.

• (4) The presiding officer must deliver, or cause to be delivered, those packets in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 47(1) of the PCC elections rules.

Postal voting documents left behind at a polling station

43D

• (1) Where a person leaves a left behind postal voting document at a polling station, the relevant officer must reject that left behind postal voting document.

• (2) The relevant officer must—

• (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) write the relevant officer’s name on that form, and

• (c) attach that form to the left behind postal voting document.

• (3) Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with paragraph 43C(2).

Notice of opening of postal ballot paper envelopes

Postal ballot boxes and receptacles

Receipt of covering envelope

Postal voting documents handed in to the returning officer

46A

• (1) Subject to sub-paragraphs (2) and (3), the relevant officer must deliver to the local returning officer—

• (a) any postal voting document handed in under paragraph 43(2) before the close of the poll, and

• (b) the return of postal voting documents form completed in respect of it.

• (2) A postal voting document may only be delivered to the local returning officer in accordance with sub-paragraph (1) if the requirements of regulation 43A are met and the paper and statement are not rejected in accordance with regulation 46B or 46D.

• (3) Before delivering them to the local returning officer in accordance with sub-paragraph (1), the relevant officer must first make up into separate packets with a description of its contents written on each packet which is then sealed up—

• (a) the postal voting documents;

• (b) the return of postal voting documents forms for those postal voting documents.

Rejection of postal voting documents handed in to the returning officer

46B

• (1) The relevant officer must reject—

• (a) all postal voting documents handed in by P in accordance with paragraph 43(2) where P fails to fully complete the return of postal voting documents form with the required information;

• (b) all postal voting documents handed in by P in accordance with paragraph 43(2) other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;

• (c) a postal voting document handed in by P or all postal voting documents handed in together by P in accordance with paragraph 43(2) (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same election or in respect of an election in England for which the day of poll is the same as the election to which the documents relate (whether to a polling station or to the returning officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other electors.

• (2) Where P hands in one or more proxy postal ballot papers completed by P as proxy for another elector, for “five” in sub-paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.

• (3) The relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under paragraph 9A.

Procedure for dealing with rejected postal voting documents handed in to the returning officer

46C

• (1) Where any postal voting document has been rejected in accordance with regulation 46B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

• (2) The relevant officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms which must be sealed up with a description of its contents written on each packet.

• (3) Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.

• (4) The relevant officer must deliver those packets to the local returning officer before the close of the poll.

Postal voting documents left behind with the returning officer

46D

• (1) Where a person leaves a left behind postal voting document with the relevant officer in accordance with paragraph 43(2), the relevant officer must reject that left behind postal voting document.

• (2) The relevant officer must—

• (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) write the relevant officer’s name on that form, and

• (c) attach that form to the left behind postal voting document.

• (3) Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with regulation 46C(2).

Opening of delivered or collected packets of postal voting documents

46E

• (1) Sub-paragraph (2) applies to the packets of postal voting documents delivered to or collected by the local returning officer in accordance with paragraph 43(3) or (4) or 46A(1).

• (2) Paragraphs 33(2), 44, 45(6), 47(1) and 48 apply to a packet to which this sub-paragraph applies as if that packet were a postal voters’ ballot box.

Opening of postal voters' ballot box

Opening of covering envelopes

Confirming receipt of postal voting statements

Procedure in relation to postal voting statements

Procedure in relation to postal voting statements: personal identifier verification

Postal voting statements: additional personal identifier verification

Opening of ballot paper envelopes

Retrieval of cancelled postal ballot papers

Lists of rejected postal ballot papers or other postal voting documents

Checking of lists of rejected ballot papers

Sealing of packets

Abandoned poll

Forwarding of documents

Notification of a rejected postal voting document

Requirement to provide fresh signatures following rejection of a postal voting statement

14A

The protection of persons and property, to the extent that expenses are reasonably incurred and are reasonably attributable to the protection of persons or property.

Influencing voters at polling booths

18A

• (1) A person who—

• (a) is with another person at a polling booth, and

• (b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

• (2) A person who—

• (a) is near a polling booth when another person is at that booth, and

• (b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

• (3) For the purposes of this article—

• (a) a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;

• (b) assisting a person with voting, in accordance with rule 41 of Schedule 3 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;

• (c) a person may be near one polling booth while at a different polling booth.

• (4) A person who commits an offence under this article is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine or to both.

Breach of official duty

Tampering with nomination papers, ballot papers etc

False statements in nomination papers etc

Requirement of secrecy

Prohibition on publication of exit polls

Procedure for reviewing voter eligibility in PCC election in Wales

3A

Schedule A1 (procedure for reviewing voter eligibility to vote in PCC elections in Wales) has effect in relation to PCC elections in Wales.

Effect of register of electors

Effect of misdescription

Discharge of registration duties

Payment of expenses of registration

Effect of registration appeals

SCHEDULEA1 — Procedure for reviewing voter eligibility in PCC election in Wales

Interpretation

1

In this Schedule—

• “eligibility criteria” means the criteria for eligibility to vote in a PCC election set out in section 52(1C) of the 2011 Act;

• “relevant person” means a person who is registered in a register of local government electors in Wales with a letter “B” against their entry.

Procedure for reviewing eligibility of relevant persons to vote in PCC elections in Wales

2

• (1) A registration officer in Wales must determine whether a relevant person has ceased to satisfy the eligibility criteria in accordance with this paragraph if the officer receives information that causes the officer to suspect that the relevant person does not satisfy the eligibility criteria.

• (2) The registration officer must conduct a review in respect of the relevant person, and where the registration officer is not satisfied that the relevant person meets the eligibility criteria, the registration officer must—

• (a) send a notice to that person—

• (i) stating the date of issue of the notice,

• (ii) stating that the registration officer is not satisfied that the relevant person is eligible to vote in a PCC election, and the grounds for his opinion,

• (iii) stating that eligibility to vote in PCC elections in Wales is unrelated to eligibility to register and vote in local government elections in Wales, and

• (iv) requiring the relevant person to provide such further information as may be requested of an applicant for registration under regulation 26BA of the 2001 Regulations, and

• (b) enter the review in the list kept pursuant to regulation 31E of the 2001 Regulations.

• (3) Sub-paragraph (4) applies where—

• (a) the registration officer sends to a relevant person a notice in the form specified in sub-paragraph (2), and

• (b) that person does not respond to the registration officer’s satisfaction, or at all, within the period of 28 days beginning with the date of issue of that notice.

• (4) The registration officer must send a further notice to the relevant person which states—

• (a) the date of issue of the notice,

• (b) that the registration officer is not satisfied that the relevant person is or was eligible to vote in a PCC election, and the grounds for the registration officer’s opinion,

• (c) that if within 14 days beginning with the date of issue of the notice, the relevant person does not require the review to be heard—

• (i) the registration officer may determine that the relevant person is not eligible to vote in a PCC election, and

• (ii) if so, the relevant person would not be entitled to appeal against the registration officer’s determination in those circumstances, and

• (d) that after 14 days beginning with the date of issue of the notice, the relevant person can contact the registration officer to find out if the registration officer has determined the relevant person’s eligibility to vote in a PCC election.

• (5) Where—

• (a) the registration officer sends to a relevant person a further notice pursuant to sub-paragraph (4), and

• (b) the relevant person does not, within the period of 14 days beginning with the date of issue of that notice, notify the registration officer that the relevant person requires the review to be heard,

the registration officer may determine, without a hearing, that the relevant person does not or has ceased to satisfy the eligibility criteria and, if so, must update the person’s register entry in accordance with regulation 42 of the 2001 Regulations.

Hearings of reviews

3

• (1) The relevant person is entitled to require the review to be heard by notifying the registration officer within 14 days beginning with the date of issue of the notice sent under paragraph 2(4), and where the relevant person does so regulation 31F(2) to (7) and 31FZA(1) of the 2001 Regulations apply to that requirement as they apply to a requirement in respect to a review under regulation 31D of the 2001 Regulations, subject to the following modifications.

• (2) Regulation 31F(6) applies as if, for the words from “was not entitled” to “1983 Act” there were substituted “does not or has ceased to satisfy the eligibility criteria”.

• (3) Regulation 31FZA(1) applies as if—

• (a) the reference to regulation 31D(2) were a reference to paragraph 2(4) of this Schedule;

• (b) in sub-paragraph (a), the reference to section 56(1)(azd) or (aa) of the 1983 Act were a reference to paragraph 4 of this Schedule.

Eligibility appeals

4

• (1) Subject to sub-paragraph (2), an appeal lies to the County Court from a determination by a registration officer under this Schedule that a person does not meet the eligibility criteria.

• (2) An appeal does not lie where the person desiring to appeal has not availed themselves of an opportunity in this Schedule to be heard by or make representations to the registration officer as to their eligibility or has not given notice of appeal within the time prescribed in sub-paragraph (3)(a).

• (3) A person desiring to appeal must—

• (a) give notice of appeal to the registration officer when the determination is made, or within 14 days thereafter, and

• (b) specify the grounds of appeal.

• (4) The registration officer must forward any such notice to the appropriate county court in accordance with rules of court together with—

• (a) a statement of the material facts which in the registration officer’s opinion have been established in the case, and

• (b) the registration officer’s decision upon the whole case and on any point which may be specified as a ground of appeal.

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