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The Police and Crime Commissioner Elections Order 2012

Type Statutory-Instrument

Publication 2012-07-24

Last updated 2026-02-05

State In force

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(3) No candidate for election at a PCC election who has been supplied with a copy of a register or notices under paragraph 2 may—

(a) supply a copy of that register or those notices to any person,

(b) disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

other than for the purpose of complying with the controls on donations set out in Schedule 5.

Supply of register etc to certain candidates and restrictions on use

5

(1) This paragraph applies to a candidate for election as a police and crime commissioner for a police area in which the whole or part of the area for which the registration officer acts is situated.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to any part of the police area for which the candidate is standing as falls within the area for which the registration officer acts.

(3) No candidate to whom this paragraph applies who has been supplied with a copy of a register or notices under paragraph 2 may—

(a) supply a copy of that register or those notices to any person,

(b) disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

other than for electoral purposes.

SCHEDULE 2 — Absent voting in PCC elections

Form 1	Proxy paper (paragraph 5(5))
Form 2	Postal voting statement where PCC election taken alone (paragraph 30(2))
Form 3	Combination with mayoral election only: postal voting statement where proceedings on issue and receipt of postal ballot papers combined (paragraph 30(3))
Form 4	Other combinations: postal voting statement where proceedings on issue and receipt of postal ballot papers not combined (paragraph 30(5))
Form 5	Completed statement of the number of postal ballot papers issued (paragraph 59(1)(b))

PART 1 — Manner of voting at PCC election and entitlement to absent vote

Manner of voting at PCC elections

1

(1) This paragraph applies to determine the manner of voting of a person (“P”) entitled to vote as an elector at a PCC election.

(2) P may vote in person at the polling station to which he or she is allotted under the PCC elections rules, unless P is entitled as an elector to vote by post or by proxy at the PCC election.

(3) P may vote by post if P is entitled as an elector to vote by post at the PCC election.

(4) If P is entitled to vote by proxy at the PCC election, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station to which he or she is allotted under the PCC elections rules for a ballot paper for the purpose of voting in person, in which case P may vote in person there.

(5) If—

(a) P is not entitled to vote by post or by proxy at a PCC election, but

(b) P cannot reasonably be expected to go in person to the polling station to which P is allotted under the PCC elections rules by reason of the particular circumstances of P's employment, either as a constable or by a local returning officer, on the date of the poll for a purpose connected with the PCC election,

P may vote in person at any polling station in the same voting area as the allotted polling station.

(5A) In sub-paragraph (5), a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for civilian staff).

(6) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the person is registered by virtue of that provision or not; and such a person may vote—

(a) in person (where the person is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or

(b) by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).

(7) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7A of the 1983 Act (persons remanded in custody) applies, whether the person is registered by virtue of that provision or not; and such a person may vote only by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).

(8) Sub-paragraph (2) does not prevent a person, at the polling station to which he or she is allotted, marking a tendered ballot paper in pursuance of rule 40 of the PCC elections rules (votes marked by presiding officer).

Entitlement to absent vote at PCC elections

2

(1) A person entitled to vote in a PCC election is entitled to vote by post or by proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person.

(2) This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 4(2) as entitled to vote by post in a PCC election.

(3) This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 4(3) as entitled to vote by proxy in a PCC election.

Application to vote by post or proxy at a particular PCC election

3

(1) Where a person applies to the registration officer to vote by post at a particular PCC election, the officer must grant the application if—

(a) the officer is satisfied that the applicant is or will be registered in the register of electors, and

(b) the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(2) Where a person applies to the registration officer to vote by proxy at a particular PCC election, the officer must grant the application if—

(a) the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be, allotted under the PCC elections rules,

(b) the officer is satisfied that the applicant is or will be registered in the register of electors, and

(c) the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(3) Where a person who has an anonymous entry in the register applies to the registration officer to vote by proxy at a particular PCC election, the registration officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.

(4) Nothing in sub-paragraph (1), (2) or (3) applies to—

(a) a person who is registered in the register of electors and who is included in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 (absent vote at parliamentary or local government elections for definite or indefinite period) , ... other than a relevant Welsh elector,

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

(5) But if a person other than a relevant Welsh elector is included in a record mentioned in sub-paragraph (4) and is shown in the record as voting by post, the person may, in respect of a particular PCC election, apply to the registration officer—

(a) for his or her ballot paper to be sent to a different address from that shown in the record, or

(b) to vote by proxy.

(6) The registration officer must grant an application under sub-paragraph (5) if—

(a) in the case of any application, it meets the requirements set out in Part 2 of this Schedule, and

(b) in the case of an application to vote by proxy, the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be allotted, under the PCC elections rules.

(7) The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has, or

(b) to provide a signature because the applicant is unable to read or write, or

(8) The registration officer must keep a record of those whose applications under this paragraph have been granted showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of sub-paragraph (7) has dispensed with the requirement to provide a signature, their signatures.

(9) The record kept under sub-paragraph (8) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).

(10) In this paragraph “relevant Welsh elector” means a person who is included in the record mentioned in sub-paragraph (4)(a) only by virtue of an entitlement to vote by post or by proxy at local government elections in Wales.

Absent voter lists

4

(1) The registration officer must, in respect of each PCC election, keep the two special lists mentioned in sub-paragraphs (2) and (3).

(2) The first of those lists (“the postal voters list”) is a list of—

(a) the persons other than relevant Welsh electors who are registered in the register of electors and are for the time being shown as voting by post in the record referred to in paragraph 3(4)(a) ..., together with (in each case) the addresses provided in their applications under, as the case may be—

(i) paragraph 3 of Schedule 4 to the Representation of the People Act 2000,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) paragraph 3(5)(a) of this Schedule,

as the address to which their ballot papers are to be sent;

(b) the persons whose application under paragraph 3(1) of this Schedule to vote by post at the PCC election have been granted, together with the addresses provided in their applications as the address to which their ballot papers are to be sent.

(3) The second list (“the list of proxies”) is a list of—

(a) the persons other than relevant Welsh electors who are registered in the register of electors and are for the time being shown as voting by proxy in the record referred to in paragraph 3(4)(a) ..., together with ... the names and addresses of the proxies appointed under...—

(i) paragraph 6 of Schedule 4 to the Representation of the People Act 2000,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the persons whose application under paragraph 3(2), (3) or (5)(b) of this Schedule to vote by proxy at the PCC election have been granted, together with (in each case) the names and addresses of the proxy appointed under paragraph 5 of this Schedule.

(4) In the case of a person who has an anonymous entry in the register of electors, the postal voters list or list of proxies (as the case may be) must contain only—

(a) the person's electoral number, and

(b) the period for which the anonymous entry has effect.

(5) The registration officer must, forthwith on completion of the compilation of those special lists, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of those lists as relate to that voting area.

(6) In this paragraph, “relevant Welsh elector” has the meaning given in paragraph 3(10).

Proxies at PCC elections: appointment

5

(1) Subject to the following provisions of this paragraph, any person is capable of being appointed proxy to vote for another (“the elector”) at a PCC election.

(2) The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a PCC election in the same police area.

(3) A person is capable of being appointed to vote as proxy at a PCC election only if—

(a) the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and

(b) the person is or will be registered in the register of electors ...

(4) The registration officer must make the appointment if the application meets the requirements set out in Part 2 of this Schedule and the registration officer is satisfied that—

(a) the elector is or will be—

(i) registered in the register of electors, and

(ii) entitled to vote by proxy at that election by virtue of an application under paragraph 3(2), (3) or (5)(b) (proxy vote at particular PCC election), and

(b) the proxy is capable of being, and willing to be, appointed.

(5) The appointment of a proxy under this paragraph must be made by means of a proxy paper issued by the registration officer in Form 1 set out in Part 4 of this Schedule or a proxy paper to the like effect.

(6) The appointment may be cancelled by the elector by giving notice to the registration officer.

(7) The appointment also ceases to be in force on the issue of a proxy paper appointing a different person to vote for the elector at a PCC election in the same police area.

(8) Subject to sub-paragraphs (6) and (7), the appointment remains in force for the particular election to which it relates.

Proxies at PCC elections: entitlement to vote

6

(1) Subject to the following provisions of this paragraph, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (“the elector”).

(2) In sub-paragraph (1) “relevant proxy appointment” means—

(a) in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(a)(i), an appointment under paragraph 6 of Schedule 4 to the Representation of the People Act 2000;

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

(c) in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(b), an appointment under paragraph 5 of this Schedule.

(3) A person is capable of voting as proxy at a PCC election only if—

(a) the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and

(b) the person is or will be registered in the register of electors ...

(4) A person is not capable of voting as proxy at a PCC election unless on the date of the poll he or she has attained the age of eighteen.

(5) A person is not entitled to vote as proxy at the same ordinary PCC election in any police area on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(5) A person—

(a) is not entitled to vote as proxy at a PCC election on behalf of more than two electors who do not fall within sub-paragraph (6), but

(b) subject to paragraph (a), is entitled to vote as proxy at a PCC election on behalf of up to four electors.

(6) An elector falls within this sub-paragraph if the elector is registered in the register of electors in pursuance of a service declaration.

(7) Where the polls for two or more PCC elections are held on the same day, references in sub-paragraph (5) to a PCC election are to all of those PCC elections taken together.

Voting as proxy

7

(1) A person entitled to vote as proxy for another (“the elector”) at a PCC election may do so in person at the polling station to which the elector is allotted under the PCC elections rules unless the person is entitled to vote by post as proxy for the elector at the election, in which case the person may vote by post.

(2) Where a person is entitled to vote by post as proxy for an elector at a PCC election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) A person entitled to vote as proxy for an elector at a PCC election is entitled so to vote by post if the person is included in the list kept under sub-paragraph (7) in respect of the election.

(4) Where a person applies to the registration officer to vote by post as proxy at a particular PCC election, the registration officer must grant the application if the conditions set out in sub-paragraph (5) are satisfied.

(5) Those conditions are—

(a) that the registration officer is satisfied that the elector is or will be registered in the register of electors, and

(b) that the applicant is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(c), and

(c) that the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(6) In the case of a particular PCC election, a person who is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(a) ... and who—

(a) is included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post), ... and is not a relevant Welsh proxy

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

may apply to the registration officer for his or her ballot paper for the PCC election to be sent to a different address from that shown in the record, and the officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.

(7) The registration officer must, in respect of each PCC election, keep a special list (“the proxy postal voters list”) of—

(a) the proxies who—

(i) were appointed as mentioned in paragraph 4(3)(a)(i), and

(ii) are for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post) and are not relevant Welsh proxies,

together with the addresses provided in their applications under paragraph 7(4)(a) or (7) of that Schedule or under sub-paragraph (6) (as the case may be) as the addresses to which their ballot papers are to be sent;

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

(i) who were appointed as mentioned in paragraph 4(3)(b), and

(ii) whose applications under sub-paragraph (4) have been granted,

together with the addresses provided in their application under sub-paragraph (4) as the addresses to which their ballot papers are to be sent.

(8) In the case of a person who has an anonymous entry in the register of electors, the special list mentioned in sub-paragraph (7) must contain only—

(a) the person's electoral number, and

(b) the period for which the anonymous entry has effect.

(9) The registration officer must, forthwith on the completion of the compilation of that special list, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of that list as relates to that voting area.

(10) Sub-paragraph (2) does not prevent a person, at the polling station to which the person is allotted, marking a tendered ballot paper in the circumstances set out in case 3, 4, 5 or 6 of rule 42 of the PCC elections rules, if the person would otherwise be able to do so.

(11) The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has, or

(b) to provide a signature because the applicant is unable to read or write, or

(12) The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4), have been granted showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures.

(13) The record kept under sub-paragraph (12) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).

(14) In this paragraph “relevant Welsh proxy” means a person who is included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 only by virtue of an entitlement to vote by post as proxy at local government elections in Wales.

Use of personal identifier information

8

(1) The registration officer must either—

(a) provide the local returning officer for a PCC election with a copy of the information in relation to electors entitled to vote at the election which is contained in records kept by the registration officer in pursuance of—

(i) paragraphs 3(9), 4(6) and 7(12) of Schedule 4 to the Representation of the People Act 2000 (dates of birth and signatures of certain electors and proxies),

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) paragraphs 3(8) and 7(12) of this Schedule, or

(b) give the local returning officer access to such information.

(2) Information contained in records kept by a registration officer in pursuance of paragraph 3(8) or 7(12) may be disclosed by the registration officer (subject to the conditions prescribed in Part 2 of this Schedule) to—

(a) any other registration officer if the officer thinks that to do so will assist the other registration officer in the performance of his or her duties;

(b) any person exercising functions in relation to the preparation or conduct of legal proceedings under this Order or the Representation of the People Acts.

Offences as to declarations or forms used for purposes of postal and proxy vote applications

9

A person who—

(a) in any declaration or form used for any of the purposes of this Part of this Schedule makes a statement knowing it to be false, or

(b) attests an application under paragraph 3 knowing—

(i) that he or she is not authorised to do so, or

(ii) that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 2 — Applications for absent vote

General requirements for applications for absent vote

11

(1) An application under Part 1 of this Schedule must state—

(a) the full name of the applicant,

(aa) the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so,

(b) except in a case within paragraph (c), the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register,

(c) in the case of an application under paragraph 7(4) or 7(6) (applications relating to postal proxy voting), the proxy's address, together with the name of the elector for whom the applicant will act as proxy and the elector's address for the purposes of paragraph (b),

(d) in the case of a person applying to vote by post, the address to which the ballot paper should be sent,

(e) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote,

(f) in the case of a person who is unable to provide a signature (or a consistent or distinctive signature), the reasons for requesting the waiver of any requirement under paragraph 3 or 7 to provide a signature and the name and address of any person who has assisted in the completion of the application, and

(g) where the applicant has, or has applied for, an anonymous entry, that fact.

(2) The application must be made in writing and must be dated.

(3) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into the record by configuring the information as follows—

(a) the signature must appear against a background of white unlined paper of at least five centimetres long and two centimetres high, and

(b) the applicant's date of birth must be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(4) Sub-paragraph (3)(a) does not apply where the application contains a request that the registration officer waive the requirement for a signature.

(5) An application under Part 1 of this Schedule must—

(a) state that it is made for a particular PCC election, and

(b) identify the election in question.

(5A) Where, by virtue of arrangements made by the Secretary of State, an application for an absent vote under Part 1 may be made through the digital service—

(a) the Secretary of State may complete the application in part using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act for registration in, or alteration of, a register of electors made through or completed using the digital service;

(b) where the application is required to contain a signature, the application must contain a compliant photograph or electronic scan of the applicant’s signature;

(i) request that the applicant provide their most recent previous name (if they have one), and

(ii) provide an explanation of the purpose for which the information will be used.

(5B) In sub-paragraph (5A)(b) “compliant photograph or electronic scan of the applicant’s signature” means—

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

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

(6) An application to vote by proxy must also include an application for the appointment of a proxy which meets the requirements of paragraph 14 and (where applicable) paragraph 14A.

(7) An application under Part 1 of this Schedule may be combined with an application for an absent vote made under the 2001 Regulations, including those Regulations as applied by regulations made under sections 9HE and 105, 9MG and 105, 44 and 105 or 45 and 105 of the Local Government Act 2000 or sections 52ZQ and 113 of the Local Government Finance Act 1992 .

(8) Where an applicant is unable to provide a national insurance number in accordance with sub-paragraph (1)(aa), the applicant may provide as part of the application a copy of any of the documents listed in paragraph 16C(2) to (4).

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

(a) subject to sub-paragraph (10), any application the Secretary of State receives via the digital service,

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

(d) a reference number unique to that application.

(10) Where an application made through the digital service in accordance with paragraph (5A) includes the applicant’s national insurance number the Secretary of State—

(a) may send the registration officer that application without the national insurance number, and

(b) where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.

Additional requirements: applications where address for ballot papers differs from address in application

12

(1) Sub-paragraph (2) applies where—

(a) in the case of an application to vote by post under paragraph 3(1), the addresses stated in accordance with paragraph 11(1)(b) and (d) are different;

(b) in the case of an application by a proxy to vote by post under paragraph 7(4), the proxy's address stated in accordance with paragraph 11(1)(c) and the address stated in accordance with paragraph 11(1)(d) are different.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with paragraph 11(1)(d).

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements: applications for ballot papers to be sent to different address from address in record

13

(1) Sub-paragraph (2) applies to an application—

(a) under paragraph 3(5)(a) of this Schedule by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 ..., or

(b) under paragraph 7(6) of this Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 ...,

for the ballot paper to be sent to a different address from that shown in the record.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election

14

(1) Sub-paragraph (2) applies to an application for the appointment of a proxy under paragraph 3.

(2) The application must state the full name and address of the person whom the applicant (“P”) wishes to appoint as proxy, ... and—

(a) if it is signed only by P, must contain a statement that P has consulted the person so named and that that person is capable of being and willing to be appointed to vote as P's proxy, or

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

(3) The application must set out why the applicant's circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the applicant's allotted polling station.

(4) Where an application under paragraph 3(2)—

(a) is made on the grounds of the applicant's disability, and

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

the requirements of paragraph 15 apply to the matters to be specified and as to the attestation.

(5) Where an application mentioned in sub-paragraph (4) is made, the person attesting the application must state, in addition to the matters specified in paragraph 15, to the best of the attestor's knowledge and belief, the date upon which the applicant became disabled.

(5ZA) For the purposes of sub-paragraphs (4) and (5), an application on grounds of the applicant’s disability does not include an application on grounds relating to coronavirus within the meaning of paragraph 16(2A)(a), (b) or (c).

(5A) Where an application under paragraph 3(2)—

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

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

the requirements of paragraph 15A apply to the matters to be specified and as to attestation.

(6) Where an application under paragraph 3(2) is made by a person to whom paragraph 1(6) applies after 5pm on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (7) apply to the matters to be specified and as to attestation.

(7) Where an application mentioned in sub-paragraph (6) is made—

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

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

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

(ii) that the person is authorised to make the attestation,

(iii) the person's position in the hospital at which the applicant is liable to be detained, and

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

(7A) Where an application under paragraph 3(2) is made after 5pm on the sixth day before the date of the poll at the PCC election for which it is made because the circumstances set out in sub-paragraph (2E) of paragraph 16 apply, the application must (in addition to providing any other information required by this Part) state that it is being made because of those circumstances.

(7B) Paragraph 16(5) applies for the purposes of sub-paragraph (7A) as it applies for the purposes of paragraph 16.

(8) This paragraph does not apply where an applicant has an anonymous entry.

(9) In this paragraph and in paragraph 15, references to an “allotted polling station”, in relation to an elector, are to the polling station to which the elector is, or is likely to be, allotted under the PCC elections rules.

Additional requirements referred to in paragraph 14(4)

15

(1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(4).

(2) The application must specify the disability by reason of which it is made and must be attested and signed by—

(a) a registered medical practitioner,

(b) a registered nurse,

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

(e) a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010 ,

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993 ,

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 ,

(h) a Christian Science practitioner,

(i) a person registered as a member of a profession to which the Health Professions Order 2002 for the time being extends,

(j) the person carrying on a care home registered under Part 2 of the Care Standards Act 2000 where the applicant states that he or she is resident in that care home,

(ja) the person registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a care home service (within the meaning of that Act) provided wholly or mainly to persons aged 18 or over where the applicant states that he or she is resident at a place where that service is provided;

(k) the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he or she is resident in the premises where the warden works,

(l) a manager within the meaning of section 145(1) of the Mental Health Act 1983 (interpretation), or on behalf of such a manager, ...

(m) a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000 , or

(n) a person registered in the register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016.

(3) A person who qualifies—

(a) by virtue of any of paragraphs (a) to (i) of sub-paragraph (2), may not attest an application for these purposes unless—

(i) that person is treating the applicant for the disability specified in the application, or

(ii) the applicant is receiving care from that person in respect of that disability, or

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

(i) that person is treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from that person in respect of that disability, or

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

(4) The person (“A”) attesting the application must state—

(a) A's name and address and the qualification by virtue of which A attests the application;

(b) where A is a person referred to in sub-paragraph (3)(a), that—

(i) A is treating the applicant for the disability specified in the application, or

(ii) the applicant is receiving care from A in respect of that disability,

(i) A is treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from A in respect of that disability, or

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

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

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

(5) Where A is a person referred to in sub-paragraph (2)(l), A must (instead of the matters specified in sub-paragraph (4)(a)) state in the attestation—

(a) A's name,

(b) that A is authorised to attest the application,

(d) if applicable, the statutory provision under which the applicant is detained, or liable to be detained, at the hospital.

(6) Sub-paragraphs (2) to (5) do not apply where—

(a) the application is based on the applicant's severe sight-impairment and the applicant is registered by the local authority which is specified in the application as—

(i) a blind person under section 29(4)(g) of the National Assistance Act 1948; or

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

(b) the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992) because of the disability specified in the application, ...

(c) the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application , ...

(d) the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application or,

(e) the application states that the applicant is in receipt of one of the following benefits (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018) because of the disability specified in the application—

(i) the higher rate of the mobility component of disability assistance for children and young people, ...

(ii) the enhanced rate of the mobility component of disability assistance for working age people , or

(iii) the higher rate of the mobility component of a Scottish adult disability living allowance.

(7) The fact that an applicant is registered ... as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults) or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014 is sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

Closing date for applications

16

(1) Subject to sub-paragraph (2) and (2C), an application under paragraph 3(2) ... or 5(4) is to be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made.

(2) Where an application made under paragraph 3(2) ...is made—

(a) on the grounds of the applicant's disability and the applicant became disabled after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, or

(aza) on grounds relating to coronavirus, or

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

(ab) in the circumstances set out in sub-paragraph (2E), or

(b) by a person to whom paragraph 1(6) applies,

the application, or an application under paragraph 5(4) made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2A) For the purposes of sub-paragraph (2)(aza), an application is made on grounds relating to coronavirus if it is made—

(a) because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;

(b) because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;

(c) because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;

(d) where A already has a person appointed as proxy under paragraph 5 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of paragraphs (a), (b) or (c) applies (reading references in those paragraphs to A as references to P).

(2B) In this paragraph—

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.

(2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.

(2E) The circumstances are that the application was—

(a) submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made,

(b) submitted via the digital service, and

(c) not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made due to a technical defect in the digital service.

(3) An application under paragraph 3(1), 3(5) or 7(6) is to be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at the PCC election for which it is made.

(4) A notice under paragraph 5(6) by an elector cancelling a proxy's appointment is to be disregarded for the purposes of a particular PCC election if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at that election.

(4A) Sub-paragraph (4B) applies to—

(a) any application or notice mentioned in sub-paragraphs (1) to (4);

(b) any application or notice mentioned in regulation 56 of the 2001 Regulations ..., that would otherwise have effect in relation to a PCC election by virtue of paragraphs 2 and 4(2)(a) or 4(3)(a).

(4B) An application or notice to which this sub-paragraph applies must be disregarded for the purposes of the particular PCC election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the local returning officer (except where it has been returned in accordance with paragraph 41 or 42 (spoilt and lost postal ballot papers)).

(5) In computing a period of days for the purposes of this paragraph—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

is to be disregarded.

Grant or refusal of applications

17

(1) Where the registration officer grants an application to vote by post, the officer must notify the applicant of that decision and the date of the poll of the PCC election for which the applicant may vote by post.

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

(3) Where the registration officer refuses an application under Part 1 of this Schedule, the officer must notify the applicant, stating the reason for the refusal.

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

(a) paragraph 3(5)(a) by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 ..., or

(b) paragraph 7(6) by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 ...,

the officer must notify the applicant.

(4A) Sub-paragraphs (4B) to (4E) apply where—

(a) sub-paragraph (2) of paragraph 12 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored, or

(b) sub-paragraph (2) of paragraph 13 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored.

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

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

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

(d) an applicant who has an anonymous entry.

(4C) Where paragraphs (a) to (d) of sub-paragraph (4B) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with sub-paragraphs (1), (3), (4) or (6), notify the applicant in writing that—

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

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

(4D) A notification under sub-paragraph (4C) must be delivered to—

(a) where both sub-paragraphs (4)(b) and (4A)(b) apply, the address shown in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000;

(b) otherwise—

(i) the address stated in the application in accordance with paragraph 11(1)(b), or

(ii) the proxy’s address stated in the application in accordance with paragraph 11(1)(c).

(4E) In sub-paragraphs (4B) and (4C), the “postal ballot delivery address” means—

(a) where sub-paragraph (4A)(a) applies, the address stated in the application in accordance with paragraph 11(1)(d);

(b) where sub-paragraph (4A)(b) applies, the different address described in paragraph 13(1).

(5) The registration officer must, where practicable, notify the elector of the following, in each case stating the reason—

(a) where the appointment of a proxy is cancelled by the elector, that the appointment has been cancelled, or

(b) where the appointment otherwise ceases to be in force, that the appointment has ceased.

(6) Where, under paragraph 16, a registration officer refuses an application or disregards a notice for the purposes of any PCC election, the officer must notify the applicant of this.

Cancellation of proxy appointment

18

(1) Sub-paragraph (2) applies where the appointment of a proxy—

(a) is cancelled by notice given to the registration officer under paragraph 5(6),

(b) otherwise ceases to be in force under paragraph 5(7).

(2) The registration officer must notify the person whose appointment as proxy has been cancelled, has expired or is no longer in force, unless the registration officer has previously been notified by that person that the person no longer wishes to act as proxy.

Marked register for polling stations

19

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

Absent voting lists: supply of copies etc

20

(1) Any person who, in accordance with any of the provisions listed in sub-paragraph (2), is entitled to be supplied with copies of the full register is also a person entitled to request that the registration officer supply the relevant part (within the meaning of the listed provisions) of a copy of any of the following information which the registration officer keeps—

(a) the current version of the information which would, in the event of a particular PCC election, be included in the postal voters list, the list of proxies or the proxy postal voters list;

(b) the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists.

(2) The listed provisions are—

(a) paragraph 3 of Schedule 1 (supply of full register etc to police and crime commissioner and restrictions on use);

(b) paragraph 5 of Schedule 1 (supply of full register etc to certain candidates and restrictions on use);

(c) regulation 105 of the 2001 Regulations (supply of full register etc to local constituency parties and restrictions on use);

(d) regulation 106 of the 2001 Regulations (supply of full register etc to registered political parties and restrictions on use).

(3) A request under sub-paragraph (1) must be made in writing and must specify—

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

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

(4) In response to a request under sub-paragraph (1) that has been duly made, the registration officer must—

(a) as soon as practicable after receipt of the request, supply the current version of information requested;

(b) as soon as practicable after 5pm on the eleventh day before the day of the poll, supply a copy of any postal voters list or proxy postal voters list requested.

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

(a) make a copy of the postal voters list, the list of proxies or the proxy postal voters list available for inspection at the registration officer's office in accordance with paragraph 21;

(b) send a copy of those lists to each relevant returning officer (within the meaning of paragraph 1 of Schedule 1); and

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

(5A) The registration officer must, on a request made at any time, supply a relevant returning officer (within the meaning of paragraph 1 of Schedule 1) with a copy of the postal voters list, the list of proxies or the proxy postal voters list.

(6) As soon as practicable after 5pm on the day of the poll, the registration officer must supply to every person who received a copy of the list of proxies under sub-paragraph (5)(c) a further copy of that list which is updated to include any additions to the list that were made in consequence of any application within paragraph 16(2) or (2C) ... which was granted before 5pm on the day of the poll.

(7) Any information or lists supplied under this paragraph are to be supplied free of charge.

(8) A person who obtains any information under this paragraph may use it only for—

(a) purposes mentioned in Article 84A(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics); or

(b) electoral purposes,

and such use is also subject to the restrictions specified in paragraphs 23 and 24 or, where the request to the registration officer is made by reference to a provision listed in sub-paragraph (2), subject to any restrictions which would apply to the use of the full register under whichever of the listed provisions entitled the person to obtain the information.

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

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

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

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

(10) A processor may not disclose information covered by sub-paragraph (1) except to the person who supplied it to the processor or to any other person, or an employee of such a person, who is entitled to obtain a copy of that information under this paragraph.

(11) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Absent voting lists: inspection

21

(1) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph 20(1).

(2) A request under sub-paragraph (1) must be made in writing and must specify—

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

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

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

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

(3) The registration officer must make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request under sub-paragraph (1) that has been duly made.

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

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

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

(5) A person who inspects a copy of information provided under sub-paragraph (3), whether in printed or in data form, may not—

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

(b) record any particulars in it,

otherwise than by means of hand-written notes.

(6) Subject to any direction by the Secretary of State under article 6, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which the registration officer holds it.

Supply and inspection of absent voting lists: general provisions

22

(1) For the purposes of paragraphs 20 and 21—

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

(b) “processor” means a person who provides a service which consists of putting information into a data form and any reference to a processor includes a reference to a processor's employees, and

(2) The registration officer must ensure that, in supplying or disclosing information covered by paragraph 20(1)(a) in accordance with paragraph 20 or 21, the registration officer does not supply or disclose any record relating to—

(a) a person who has an anonymous entry, or

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

Restrictions on supply and disclosure of absent voter records or lists

23

(1) This paragraph applies to—

(a) the registration officer,

(b) any deputy registration officer, and

(c) any person appointed to assist a registration officer or who in the course of that person's employment is assigned to assist any such officer in that officer's registration duties.

(2) Where the registration officer is also the local returning officer at a PCC election (and thereby has access to the information covered by paragraph 20(1) without being supplied with a copy of it), this paragraph also applies to—

(a) the registration officer acting in the capacity of local returning officer, and

(b) any person appointed to assist the local returning officer or who in the course of that person's employment is assigned to assist that officer in that officer's duties in respect of the PCC election.

(3) No person to whom this paragraph applies may—

(a) supply to any person a copy of the information covered by paragraph 20(1), or

(b) disclose any of that information,

otherwise than in accordance with an enactment, including this Order.

(4) Nothing in sub-paragraph (3) applies to the supply or disclosure by a person to whom this paragraph applies to another such person in connection with that other person's registration duties or for the purposes of an election or referendum.

Restriction on use of absent voter records or lists or the information contained in them

24

(1) This paragraph applies to any person who has obtained access to the information covered by paragraph 20(1) by any means.

(2) No person to whom this paragraph applies may—

(a) supply a copy of the information or any part of that information,

(b) disclose any of that information, or

other than for a permitted purpose specified in sub-paragraph (3).

(3) The permitted purposes are—

(a) purposes mentioned in Article 84A(1) of the UK GDPR (archiving in the public interest, scientific or historical research and statistics), or

(b) electoral purposes.

(4) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Supply and inspection of absent voting lists: offences

25

(1) A person is guilty of an offence—

(a) if the person contravenes paragraph 20(8) or (10), 21(5), 23(3) or 24(2), or

(b) if the person is an appropriate supervisor of a person (“P”) who contravenes any of those provisions and the supervisor failed to take appropriate steps.

(2) P is not guilty of an offence under sub-paragraph (1) if—

(a) P had an appropriate supervisor, and

(b) P has complied with all the requirements imposed on P by P's appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if the person takes all reasonable steps to ensure that he or she complies with the provisions specified in sub-paragraph (1)(a).

(4) In sub-paragraphs (1)(b), (2) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (1)(a).

(5) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The personal identifiers record

26

(1) The registration officer must maintain a record (“the personal identifiers record”), apart from the other records and lists which the officer is required to keep under Part 1 of this Schedule, of the signatures and dates of birth provided by persons whose applications under paragraph 3(1) or (2) or paragraph 7(4) were granted, until the expiry of twelve months from the date of the poll for the purposes of which the person's application for an absent vote was granted under paragraph 3(1) or (2) or paragraph 7(4).

(2) The personal identifiers record must contain the following information in respect of each absent voter on the postal voters list, list of proxies or proxy postal voters list—

(a) name,

(b) date of birth, and

(3) The registration officer may disclose information held in the personal identifiers records to—

(a) any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to in paragraph 51;

(b) any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Act , but only to the extent required to permit them to observe the proceedings.

Applications requiring applicants’ signature

27

(1) In order to be satisfied that an application complies with any requirements of this Schedule for the application to contain the applicant's signature and a statement of the applicant's date of birth, the registration officer may refer to—

(a) any signature and date of birth previously provided by the applicant to the registration officer or a returning officer, or

(b) any signature and date of birth previously provided by the applicant to the council by which the registration officer was appointed which the officer is authorised to inspect under regulation 35 of the 2001 Regulations for the purposes of the officer's registration duties.

(2) The registration officer may take such steps as appear necessary in order to be satisfied as to whether the applicant is unable to provide a signature (or a consistent or distinctive signature) due to any disability or inability to read or write.

PART 3 — Issue and receipt of ballot papers

Interpretation

28

In this Part of this Schedule—

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

“ballot paper envelope” and “covering envelope” have the meaning given in paragraph 38;

“issue” includes the original or any subsequent issue;

“postal voters' ballot box” means the ballot box referred to in paragraph 45(1)(a);

“receptacle for ballot paper envelopes” and other references to specified receptacles means the receptacles listed in paragraph 45(5);

“spoilt postal ballot paper” means a ballot paper referred to in paragraph 41;

“valid postal voting statement” means a postal voting statement which, in accordance with paragraph ...51, the local returning officer is satisfied is duly completed.

Combination of polls

29

(1) Where the poll at a PCC election is to be taken together under a relevant provision with the poll at one or more other elections or local referendums, the proceedings on the issue and receipt of postal ballot papers in respect of each election or local referendum may, subject to sub-paragraph (1A) and if the returning officers and counting officers concerned agree, be taken together.

(1A) Sub-paragraph (1) does not apply where the polls of a PCC election and any of the following are taken together—

(a) a local government election in Wales;

(b) an election described in section 15(1)(d)(v) of the Representation of the People Act 1985;

(2) In sub-paragraph (1), “relevant provision” means the provisions of section 15(1) or (2) of the Representation of the People Act 1985, as they have effect in relation to PCC elections by virtue of article 13 of this Order.

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

Form of postal voting statement: poll taken alone or combined with mayoral election only

30

(1) This paragraph specifies the form of the postal voting statement which is to be used for the purposes of rule 25 of the PCC elections rules.

(2) Form 2 or a form to like effect is to be used at a PCC election taken alone.

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

(4) Where—

(a) the proceedings at a PCC election and another election or referendum are taken together, and

(b) the proceedings on the issue and receipt of postal ballot papers at both elections are taken together,

the form of the postal voting statement which is to be used is the form of that statement which is required to be used at that other election or referendum , with the addition of the ... voting instructions for PCC elections.

(5) Form 4 or a form to like effect is to be used where—

(a) the proceedings at a PCC election and another election or referendum are taken together, but

(b) the proceedings the proceedings on the issue and receipt of postal ballot papers are not taken together.

(6) In this paragraph—

(a) references to a numbered form are to the form of that number which is set out in Part 4 of this Schedule;

(b) “the voting instructions for PCC elections” are—

“Vote for only one candidate by putting a cross [X] in the box next to your choice.”

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

31

Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the issue of postal ballot papers other than—

(a) the police area returning officer,

(b) the local returning officer, and

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

32

Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the police area returning officer,

(b) the local returning officer,

(d) a candidate,

(e) an agent (including an agent appointed under paragraph 33),

(f) a sub-agent, and

(g) where the proceedings on the receipt of postal ballot papers are taken together with those proceedings at another election or a local referendum, persons entitled to be present at the proceedings for any such other election or local referendum.

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

33

(1) Each candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number authorised by the local returning officer in respect of each candidate and so long as the number authorised is the same in the case of each candidate.

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

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

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