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The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Type Statutory-Instrument

Publication 2016-03-03

Last updated 2025-03-21

State In force

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Made: 3rd March 2016

Coming into force in accordance with regulation 1

A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 21(6) of the Act.

PART 1 — GENERAL

Citation and commencement

1

These Regulations may be cited as the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 and are to come into force on the day after the day on which they are made.

Application

2

(1) These Regulations apply to the United Kingdom with the following exceptions.

(2) The following provisions apply to England and Wales and Scotland only—

(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) regulation 27 (signing procedure);

(aa) regulation 30A (refusal to deliver signing sheet);

(b) regulation 51 (absent signing at any petition for a definite or an indefinite period);

(d) regulation 55 (absent signers lists);

(e) regulation 59 (the personal identifiers record);

(ea) regulation 63A (additional requirements for applications for the appointment of a proxy on grounds relation to identification);

(f) regulation 64 (additional requirements for applications for a proxy signature for a definite or indefinite period on the grounds of blindness or other disability);

(g) regulation 67 (additional provision concerning the requirement that an application for absent signing must be signed by the applicant);

(h) regulation 68 (additional requirements for applications for a proxy signature in respect of a particular petition);

(i) regulation 69 (additional requirements for applications for an emergency proxy signature in respect of a particular petition on grounds relating to occupation, service or employment);

(ia) regulation 69A (additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification);

(j) regulation 71 (closing date for applications);

(ja) regulation 71A (grounds relating to identification);

(jb) regulation 72A (verification of information provided in an application for absent signing);

(jc) regulation 72B (power to request additional evidence in relation to absent signing applications where registration officer considers it necessary);

(jd) regulation 72C (processing of information provided in connection with absent signing applications);

(je) regulation 73A (notification postal signing entitlement is to end);

(k) regulation 83 (form of postal petition statement);

(l) regulation 94 (spoilt postal signing sheets);

(m) regulation 96 (lost postal signing sheets);

(ma) regulation 99B (rejection of postal petition documents handed in at a petition signing place);

(mb) regulation 99C (procedure for dealing with rejected postal petition documents handed in at a petition signing place);

(mc) regulation 99D (postal petition documents left behind at a petition signing place);

(n) regulation 106 (confirming receipt of postal signing statements);

(o) regulation 107 (procedure in relation to postal petition statements: personal identifier verification);

(p) regulation 110 (list of rejected postal petition documents);

(q) regulation 111 (checking of lists of rejected postal petition documents);

(r) regulation 115 (notification of a rejected postal petition document);

(s) regulation 116 (requirement to provide fresh signature following rejection of a postal petition statement);

(t) regulation 127 (disturbances at petition meetings);

(u) paragraphs 1 and 2 of Schedule 1 (supply of register).

(3) The following provisions apply to England and Wales and Northern Ireland only—

(a) regulation 44 (delivery of documents to the registration officer);

(b) regulation 45 (orders for production of documents);

(4) The following provisions apply to England and Wales only—

(a) regulation 74 (appeals);

(b) Part 2 of Schedule 4 (the Election Petition Rules 1960).

(5) The following provisions apply to Northern Ireland only—

(za) regulations 13A and 13B (date of birth lists in Northern Ireland);

(a) regulation 28 (signing procedure);

(b) regulation 31 (refusal to deliver signing sheet);

(ba) regulation 45A (court orders for production of date of birth lists);

(bb) regulation 46A (destruction of date of birth lists);

(d) regulation 54 (absent signing at a particular petition);

(e) regulation 56 (absent signers lists);

(f) regulation 65 (additional requirements for applications for a proxy signature for an indefinite period on grounds of blindness or other disability);

(g) regulation 70 (additional requirements for applications in respect of a particular petition);

(h) regulation 72 (closing date for applications);

(i) regulation 76 (appeals);

(j) regulation 84 (form of declaration of identity);

(k) regulation 95 (spoilt postal signing sheets);

(l) regulation 97 (lost postal signing sheets);

(m) regulation 105 (procedure in relation to declaration of identity);

(ma) regulation 110A (list of rejected postal petition documents: Northern Ireland);

(mb) regulation 115A (notification of a rejected postal petition document: Northern Ireland).

(n) regulation 124A (offence of disclosure of date of birth lists).

(6) The following provisions apply to Scotland only—

(a) regulation 47 (retention and disposal of documents in Scotland);

(b) regulation 75 (appeals).

Interpretation

3

(1) In these Regulations—

“the Act” means the Recall of MPs Act 2015[^f00006];

“the 1983 Act” means the Representation of the People Act 1983;

“the 1985 Act” means the Representation of the People Act 1985[^f00007];

“the 2000 Act” means the Representation of the People Act 2000[^f00008];

“the 2018 Act” means the Social Security (Scotland) Act 2018;

“the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001[^f00009];

“the 2001 (Scotland) Regulations” means the Representation of the People (Scotland) Regulations 2001[^f00010];

“the 2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008[^f00011];

“absent signer” means an elector who is entitled to sign a petition by proxy or an elector or proxy who is entitled to sign the petition by post; and absent signing is to be construed accordingly;

“allotted petition signing place” has the meaning given by regulation 16 (allotment of petition signing places);

“anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

“anonymous entry” is to be read in accordance with section 9B of the 1983 Act (anonymous registration);

“corresponding number lists” has the meaning given by regulation 11 (corresponding number lists);

“Clerk of the Crown” means the Clerk of the Crown in Chancery;

“completed corresponding number lists” has the meaning given by regulation 37(1)(e) (procedure on close of petition);

“daily verification” means the daily verification of the signing sheets in accordance with regulation 33 (daily verification and storage);

“declaration of identity” is the declaration referred to in regulation 84;

“digital service” means the Individual Electoral Registration Digital Service, which is the digital service provided by the Secretary of State for the purpose (amongst other purposes) of processing online applications for absent signing at a particular petition in England, Wales or Scotland and for verifying information in accordance with regulation 72A;

“disability” in relation to doing a thing, includes a short term inability to do it;

“edited register” has the meaning given by regulation 93 of the relevant Regulations, and (for that purpose) the relevant Regulations are—in relation to England and Wales, the 2001 Regulations;in relation to Scotland, the 2001 (Scotland) Regulations; andin relation to Northern Ireland, the 2008 Regulations;

“elector” means a person who is entitled to sign a petition by virtue of section 10 of the Act (persons entitled to sign a recall petition);

“left behind postal petition document” is a postal petition document that is left behind at a signing place or left for the petition officer without being handed in and for which no return of postal petition documents form has been completed;

“list of lost postal signing sheets” for England and Wales and Scotland, has the meaning given by regulation 96(8) (lost postal signing sheets); and for Northern Ireland has the meaning given by regulation 97(7) (lost postal signing sheets);

“list of proxies” for England and Wales and Scotland, has the meaning given by regulation 55(3) (absent signers lists); and for Northern Ireland has the meaning given by regulation 56(3) (absent signers lists);

“list of spoilt postal signing sheets” for England and Wales and Scotland, has the meaning given by regulation 94(9) (spoilt postal signing sheets); and for Northern Ireland has the meaning given by regulation 95(8) (spoilt postal signing sheets);

“local authority” has the same meaning as section 203 of the 1983 Act;

“marked copies of the register” means the copies of the register marked in accordance with regulation 27 (signing procedure: England and Wales and Scotland) or regulation 28 (signing procedure: Northern Ireland);

“official petition notice” has the meaning given in regulation 18 (issue of official petition notice);

“official mark” has the meaning given by regulation 12 (the official mark);

“overseas elector’s declaration” means a declaration made under section 1C of the 1985 Act (overseas elector’s declaration);

“parliamentary election rules” means the rules prescribed in Schedule 1 to the 1983 Act (Parliamentary Election Rules);

“petition clerk” means a person authorised by the petition officer to preside over the proceedings at a petition signing place and carry out on behalf of the petition officer any functions of the petition officer under the Act or these Regulations;

“petition signing place” means a place designated under section 7(1)(a) of the Act (where and from when the petition may be signed) at which a petition is to be made available for signing;

“postal petition document” means a postal signing sheet, postal petition statement, declaration of identity or other document that has been issued to a person for the purpose of enabling the person to sign by post at a recall petition;

“postal petition statement” is the statement referred to in regulation 83 (form of postal petition statement: England and Scotland and Wales);

“postal signers list” for England and Wales and Scotland, has the meaning given by regulation 55(2) (absent signers list); and for Northern Ireland has the meaning given by regulation 56(2) (absent signers list);

“postal signing sheet” is a signing sheet issued to a postal signer in accordance with Part 5 (issue and receipt of postal signing sheets);

“proxy postal signers list” has the meaning given by regulation 58(9) (signing the petition as a proxy);

“proxy” means a person who has been appointed by an elector to sign the petition on behalf of the elector;

“qualifying address” in relation to a person registered in the register, is the address in respect of which that person is entitled to be registered in the register of parliamentary electors;

“recall petition complaint” means a recall petition complaint in relation to the outcome of a recall petition that is presented in accordance with Part 3 of the 1983 Act (legal proceedings), as applied (with modifications) by Schedule 4;

“register” means the register of persons compiled by the petition officer under regulation 4 (the register);

“register of parliamentary electors” means the register of parliamentary electors under section 9 of the 1983 Act (registers of electors);

“registration officer” means an officer appointed as such under section 8 of the 1983 Act;

“relevant officer” means—where a postal petition document is handed in at a petition signing place—the petition clerk, oran assistant appointed to assist the petition clerk;where a postal petition document is handed in to the petition officer, a person acting under the authority of that officer;

“return of postal petition documents form” has the meaning given in regulation 99A;

“service voter” means a person entitled to vote who has made a service declaration within the meaning of section 15 of the 1983 Act (service declaration) and who is registered or is entitled to be registered in pursuance of it under that Act;

“signing sheet” has the meaning given by regulation 10 (the signing sheet);

“special lists” means the postal signers list, the list of proxies and the proxy postal signers list;

“temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

“tendered signing list” has the meaning given by regulation 30(10) (tendered signing sheets);

“tendered signing sheet” is a signing sheet which has been signed in accordance with paragraph (1) of regulation 30 (tendered signing sheets);

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

(2) In these Regulations—

(a) a reference to a petition means a recall petition as prescribed in section 1(2) of the Act (how an MP becomes subject to a recall petition process) and where the context requires is to be construed as including the process relating to that petition;

(b) in England and Wales, 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 employees)[^f00012].

PART 2 — THE REGISTER

The register

4

(1) The petition officer must compile a register of persons who by virtue of section 10 of the Act (persons entitled to sign a recall petition) are entitled to sign the petition (“the register”).

(2) The register must contain—

(a) the names of the persons who appear to the petition officer to be entitled to be registered in it;

(b) the qualifying address of the person registered in it; and

(3) A person’s electoral number is such a number (with or without letters) as for the time being allocated by the registration officer to that person.

(4) Paragraph (2)(b) does not apply—

(a) to an address which is specified in an overseas elector’s declaration; or

(b) to service voter who has given an address in their declaration which is not an address at which that person is or would be residing but for the circumstances entitling that person to make that declaration.

(5) Where the petition officer designates more than one petition signing place, the register is to be framed in separate parts and each part must contain the list of persons who are entitled to sign the petition at that place.

(6) Each part of the register must be identified by a different letter and that letter must also form part of a person’s number in the register for the purposes of signing the petition.

Order of names

5

(1) Subject to paragraph (2), the names and qualifying addresses on each part of the register are to be arranged in street order.

(2) If the petition officer determines for any part of the register that arranging the register or any part of it in street order is not reasonably practicable, the names and addresses are to be arranged in alphabetical order or partly in street order and partly in alphabetical order.

(3) The name of any person whose qualifying address is not contained in the register by virtue of regulation 4(4) must be grouped together in alphabetical order—

(a) at the end of that part of the register relating to that address;

(b) beneath the heading “other electors”; and

Anonymous entries

6

(1) A person registered with an anonymous entry in the register of parliamentary electors must be entered in the register only by reference to that person’s electoral number together with the letter “N” and must be entered at the end of the part of the register which relates to the qualifying address of the person entitled to the entry.

(2) Any communication sent by a registration officer or a petition officer for any petition to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

(3) An anonymous entry in the register is deemed to remain in force until the end of the signing period despite the fact that that person’s anonymous entry in the register of parliamentary electors may have been terminated in accordance with section 9C (removal of anonymous entry) of the 1983 Act during that period.

Publication of register

7

(1) On the third day before the beginning of the signing period[^f00013], the petition officer must publish the register by—

(a) making a copy available for inspection under supervision at—

(i) the office of the petition officer, and

(ii) any other place the petition officer considers appropriate to allow for inspection by members of the public, and

(b) supplying copies of it in accordance with Schedule 1 (supply of register).

(2) Where a copy of the register is made available under paragraph (1)(a) by providing the register on a computer screen or otherwise in data form, the petition officer must ensure that the manner in, and equipment on, which the copy is provided do not permit any person consulting that copy to—

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

(b) duplicate or transmit any part of the register by electronic, or any other, means.

(3) The petition officer must also publish any notice issued under section 13BC(6) of the 1983 Act (alteration of registers: recall petition)[^f00014] in the manner specified in paragraph (1)(a) and (b) as soon as reasonably practicable after that notice is issued.

Publication of 10% threshold

8

(1) No later than the third working day after receiving the Speaker’s notice under section 5 of the Act (Speaker’s notice that the first, second or third recall condition has been met), the petition officer must give public notice of—

(a) the number of persons who are entitled to sign the petition; and

(b) the number of persons who would need to sign the petition for the petition to be successful in accordance with section 14 of the Act (determination of whether recall petition successful).

(2) On the first day of the signing period, the petition officer must publish the information referred to in paragraph (1)(a) and (b), as it applies on that day.

Supply of register

9

Schedule 1 (supply of register) is to have effect.

PART 3 — CONDUCT

CHAPTER 1 — General Provisions

The signing sheet

10

(1) The signature of a person entitled to sign the petition who wishes to do so must be made on a petition signing sheet in accordance with these Regulations (“the signing sheet”).

(2) The signing sheet must be in the form set out in Form A in Schedule 2 (forms), must be printed in accordance with the directions in that Schedule and must—

(a) contain the name and constituency of the MP to whom the petition relates;

(b) be capable of being folded up; and

(3) Schedule 2 which specifies forms referred to in these Regulations is to have effect.

Corresponding number lists

11

(1) The petition officer must prepare a list containing the numbers and other unique identifying marks of the signing sheets to be—

(a) delivered under regulation 27 (signing procedure: England and Wales and Scotland) or regulation 28 (signing procedure: Northern Ireland) (as the case may be);

(b) issued under regulation 85 (postal signing packs).

(2) The list referred to in paragraph (1)(a) must be in the form set out in Form B in Schedule 2.

(3) The list referred to in paragraph (1)(b) must be in the form set out in Form C in Schedule 2.

The official mark

12

(1) Every signing sheet must contain an appropriate security marking (“the official mark”).

(2) The official mark must be kept secret, and an interval of not less than seven years must intervene between the use of the same official mark at a petition for the same constituency.

(3) The petition officer may use a different official mark for different purposes at the same petition.

Use of public rooms

13

(1) The petition officer may use, free of charge, for the purposes of enabling persons to sign the petition—

(a) a room in a school to which this regulation applies;

(b) a room the expense of maintaining which is payable out of any rate.

(2) The petition officer must make good any damage done to, and defray any expense incurred by, the persons having control over any such room by reason of it being used for those purposes.

(3) This regulation applies—

(a) in England and Wales, to a school maintained or assisted by a local authority, or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b) in Scotland, to a school, other than an independent school within the meaning of the Education (Scotland) Act 1980[^f00015];

(c) in Northern Ireland, to a school in receipt of a grant out of moneys appropriated by Act of the Northern Ireland Assembly, other than a school that—

(i) adjoins or is adjacent to any church or other place of worship, or

(ii) is connected with a nunnery or other religious establishment.

CHAPTER 2 — Action to be Taken Before the Petition

Notice of petition

14

(1) The petition officer must give public notice of the petition stating—

(a) the name of the MP who has become subject to the petition process,

(b) the details relating to the recall condition which has been met in relation to that MP,

(d) the situation of each petition signing place,

(e) the days and hours during which the petition will be available for signing at each petition signing place,

(f) the persons entitled to sign the petition under section 10 of the Act (persons entitled to sign a recall petition),

and must as soon as reasonably practicable after giving such notice give a copy of it to the MP to whom the petition relates.

(2) Different days and hours may be specified under paragraph (1) for different petition signing places.

Availability for signing the petition

15

(1) The petition officer must ensure that the petition is available for signing at each petition signing place—

(a) on each working day throughout the signing period[^f00016]; and

(b) between the hours of 9am and 5pm on each of those days.

(2) In addition to the requirements set out in paragraph (1), the petition officer must make reasonable provision for the availability of the petition for signing at other times during the signing period.

Allotment of petition signing places

16

The petition officer must allot a petition signing place to each person entitled to sign the petition in such manner as appears to the petition officer to be most convenient for that person (“the allotted petition signing place”).

Appointment of petition assistants

17

(1) The petition officer must appoint and pay a petition clerk to attend at each petition signing place and may appoint such persons as assistants to the petition clerk as the officer considers necessary for the purposes of the petition, but must not appoint any person who has been employed by or on behalf of an accredited campaigner in respect of the petition[^f00017].

(2) The petition officer may preside at a petition signing place and the provisions of these Regulations relating to a petition clerk apply to a petition officer so presiding with the necessary modifications.

(3) An assistant appointed to assist the petition clerk may do anything (including the asking of questions) these Regulations require or permit the petition clerk to do except—

(a) order the arrest, exclusion or removal of any person from a petition signing place;

(b) refuse to deliver a signing sheet under paragraph (3A) of regulation 25 (questions to be put to persons signing the petition), paragraph (1E) of regulation 27 (signing procedure in England and Wales and Scotland) or paragraph (3) of regulation 28 (signing procedure in Northern Ireland) (including those paragraphs as applied by regulation 29 (signing sheets endorsed by petition clerk) or regulation 30 (tendered signing sheets)).

(c) resolve doubts over identity as mentioned in paragraph (1F) of regulation 27 or paragraph (6A) of regulation 28 (including those paragraphs as applied by regulation 29 or regulation 30).

Issue of official petition notice

18

(1) For the purposes of section 8 of the Act (notice of petition to be sent to registered electors) the petition officer must send to electors and their proxies an official petition notice in accordance with this regulation.

(2) Where an elector has appointed a proxy to sign the petition, the petition officer must send an official petition notice to both the elector and the elector’s proxy.

(3) An official petition notice must not be sent to a person registered, or to be registered, in pursuance of an overseas elector’s declaration.

(4) An elector’s official petition notice must be sent or delivered to the elector’s qualifying address.

(5) A proxy’s official petition notice must be sent or delivered to the address which—

(a) is shown as the proxy’s address in the list of proxies; or

(b) in the case of a proxy for an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, would be so shown but for regulation 56(4) (absent signing lists: Northern Ireland).

(6) The official petition notice must—

(a) in respect of electors who may sign the petition in person, be in the form set out in Form D in Schedule 2;

(b) in respect of electors who may sign the petition by post, be in the form set out in Form E in Schedule 2;

(d) in respect of a proxy who may sign the petition by post, be in the form set out in Form G in Schedule 2.

(7) The official petition notice must set out—

(a) the name of the MP who has become subject to the petition process;

(b) the name of the constituency of that MP;

(d) the elector’s name, qualifying address and number on the register;

(e) the dates of the beginning and end of the signing period;

(f) the situation of the elector’s petition signing place allotted to them under regulation 16 (allotment of petition signing place) and the days and hours during which the petition will be available for signing at that place;

(fa) in respect of an official petition notice described in paragraph (6)(a) or (c) for a recall petition held in England, Wales or Scotland, details of the documents the elector or proxy needs to produce when applying for a signing sheet, namely—

(i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(ii) in the case of an elector with an anonymous entry, the elector’s official petition notice and an anonymous elector’s document showing the same number on the register as the number on the register shown on the official petition notice;

(g) such other information as the petition officer considers appropriate.

(8) Different information may be provided under paragraph (7)(d), (f) , (fa) and (g) to different electors or descriptions of electors.

(9) In the case of an elector with an anonymous entry, instead of containing the matters mentioned in paragraph (7)(d) the official petition notice must only include the elector’s number in the register.

Equipment at petition signing place

19

(1) The petition officer must provide each petition clerk with such ballot boxes and signing sheets as in the petition officer’s opinion are necessary for the conduct of the petition.

(2) Every ballot box must be so constructed that the signing sheets can be put in it, but cannot be withdrawn from it, without the box being unlocked (if it has a lock), or without breaking the petition clerk’s seal.

(3) The petition officer must provide each petition signing place with—

(a) materials to enable persons to sign the signing sheets;

(b) copies of the register, or such part of it, which lists the persons entitled to sign the petition at that place;

(c) the parts of any special lists prepared for the petition corresponding to the register or the part of it provided under subparagraph (b);

(d) that part of the list prepared under regulation 11(1)(a) (corresponding number lists) which contains the numbers (but not the other unique identifying marks) corresponding to those on the signing sheets provided to the petition clerk of the petition signing place;

(e) in the case of a petition signing place in Northern Ireland, the lists prepared under regulation 13A (date of birth lists).

(3A) For a petition signing place in England, Wales or Scotland, the petition officer must also provide each petition signing place with a signing sheet refusal list, in the form set out in Form G1 in Schedule 2 or a form to like effect, on which entries are to be made as mentioned in regulation 30A (refusal to deliver signing sheet: England and Wales and Scotland).

(4) The petition officer must also provide each petition signing place with—

(a) at least one large version of the signing sheet which must be displayed inside the petition signing place for the assistance of persons who are partially-sighted; and

(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to sign the signing sheet independently in the manner directed by regulation 27 (signing procedure: England and Wales and Scotland) or regulation 28 (signing procedure: Northern Ireland); and for this purpose “relevant persons” means persons who find it difficult or impossible to sign the signing sheet because of—

(i) blindness or partial sight, or

(ii) another disability.

(4A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (4)(b) of this regulation as it applies for the purposes of that rule, but as if—

(a) the reference in that paragraph to the returning officer were a reference to the petition officer, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (4)(b) of this regulation.

(5) A notice in the form set out in Form H in Schedule 2, giving directions for the guidance of the persons in signing the petition, must be printed in conspicuous characters and exhibited inside every petition signing place.

(5A) A large notice must be displayed inside each petition signing place in England, Wales and Scotland containing—

(a) details of the documents that a person needs to produce when applying for a signing sheet, namely—

(i) in the case of a person (other than a person with an anonymous entry) or a proxy, any of the forms of identification for the time referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(ii) in the case of a person with an anonymous entry, the person’s official petition notice and an anonymous elector’s document showing the same electoral number as the number shown on the official petition notice; and

(b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the elector or proxy that the person attending that place for the purpose of signing the petition claims to be.

(6) The reference in paragraph (3)(b) to copies of the register includes a reference to copies of any notice issued under section 13BC(6) of the 1983 Act (alteration of registers: recall petition).

Identification of secure storage

20

For each petition signing place, the petition officer must identify a suitable place where the equipment and materials relating to the conduct of the petition at that signing place are to be held securely during the signing period when they are not in use.

Notification of requirement of secrecy

21

The petition officer must make such arrangements as appear appropriate to the officer to ensure that—

(a) every person attending at a signing place (otherwise than for the purpose of signing the petition or assisting a blind person to sign the petition or as a constable on duty there) has been given a copy in writing of the provisions of paragraphs (1), (4) and (6) of regulation 123 (requirement of secrecy); and

(b) every person attending at the counting of the signing sheets in accordance with regulation 39 (other than any constable on duty at the counting) has been given a copy in writing of the provisions of paragraphs (3) and (6) of regulation 123.

CHAPTER 3 — The Petition

Admission to petition signing place

22

(1) The petition clerk must exclude all persons from the petition signing place except—

(a) the petition officer;

(b) any person wishing to sign the petition;

(ba) in England, Wales and Scotland, persons aged 18 or over returning a postal petition document by hand in accordance with regulation 99(1)(a)(i);

(d) any person representing the Electoral Commission;

(e) any assistant appointed to attend at the petition signing place;

(f) a constable on duty.

(2) The petition clerk may regulate the total number of persons admitted to the petition signing place at the same time.

(3) A constable or person employed by a petition officer may be admitted to sign the petition in person otherwise than at that person’s allotted petition signing place upon the production and surrender of a certificate as to their employment, which must be in the form set out in Form I in Schedule 2 and signed by an officer of police of the rank of inspector or above, or by the petition officer (as the case may be).

(4) Any certificate surrendered under paragraph (3) must be immediately cancelled.

(5) In the application of this regulation to Northern Ireland, the reference in paragraph (3) to an officer of police is a reference to a member of the Police Service of Northern Ireland of the rank of chief inspector or above.

Keeping order at a petition signing place

23

(1) It is the petition clerk’s duty to keep order at the petition signing place with regard to the conduct of the petition.

(2) If a person misconducts themselves in a petition signing place, or fails to obey the petition clerk’s lawful orders, they may immediately, by the petition clerk’s order, be removed from the petition signing place—

(a) by a constable in or near that place, or

(b) by any other person authorised in writing by the petition officer to remove them,

and the person so removed must not, without the petition officer’s permission, again enter the petition signing place at any time when the petition is available for signing there.

(3) Any person so removed may, if charged with the commission in the petition signing place of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this regulation must not be exercised so as to prevent a person who is otherwise entitled to sign the petition at the petition signing place from having an opportunity to sign the petition at that place.

Sealing of ballot boxes

24

On each day the petition is available for signing, immediately before the time the petition is to be made available, the petition clerk must show the ballot box empty to such persons, if any, as are present in the petition signing place, so that they may see that it is empty, and must then lock it up (if it has a lock) and place the petition clerk’s seal on it in such a manner as to prevent its being opened without breaking the seal, and must place it in view of the petition clerk for the receipt of signed signing sheets, and keep it so locked (if it has a lock) and sealed.

Questions to be put to persons signing the petition

25

(1) At the time a person applies for a signing sheet (but not afterwards), the questions specified in the second column of the following table may be put by the petition clerk to a person who is mentioned in the first column (subject to paragraph (3)).

Person applying for signing sheet	Questions
1. A person applying as an elector	(za) At a petition held in England, Wales or Scotland, “What is your name?”(zb) At a petition held in England, Wales or Scotland, “What is your address?”(a) “Are you the person registered in the register for this petition as follows (read out the whole entry from the register)?”(b) “Have you already signed the petition, here or elsewhere, otherwise than as a proxy for some other person?”(c) At a petition held in Northern Ireland, “What is your date of birth?”
2. A person applying as a proxy	(za) At a petition held in England, Wales or Scotland, “What is your name?”(zb) At a petition held in England, Wales or Scotland, “What is your address?”(a) “Are you the person whose name appears as A.B. in the list of proxies for this petition?”(b) “Have you already signed the petition here or elsewhere, as a proxy on behalf of C.D.?”(c) “Have you already signed this petition as a proxy, whether here or elsewhere in this constituency, on behalf of four or more persons entitled to sign?” (d) If the person answers question (c) in the negative: “Have you already signed this petition as a proxy, whether here or elsewhere in this constituency, on behalf of two or more persons entitled to sign?”(e) If the person answers question (d) in the affirmative: “Were two or more of the persons on whose behalf you have signed this petition registered in a register of electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?”(f) If the person answers question (e) in the affirmative: “Is the person (or are the persons) for whom you are signing today registered in a register of electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?”(g) At a petition held in Northern Ireland: “What is your date of birth?”
3. A person applying as a proxy for an elector with an anonymous entry (instead of the questions at entry 2)	(za) At a petition held in England, Wales or Scotland, “What is your name?”(zb) At a petition held in England, Wales or Scotland, “What is your address?”(a) “Are you the person entitled to sign as proxy on behalf of the elector whose number in the register is (read out the number from the register)?”(b) “Have you already signed the petition, here or elsewhere, as proxy on behalf of the elector whose number in the register is (read out number from the register)?”(c) “Have you already signed this petition as a proxy, whether here or elsewhere in this constituency, on behalf of four or more persons entitled to sign?” (d) If the person answers question (c) in the negative: “Have you already signed this petition as a proxy, whether here or elsewhere in this constituency, on behalf of two or more persons entitled to sign?” (e) If the person answers question (d) in the affirmative: “Were two or more of the persons on whose behalf you have signed this petition registered in a register of electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” (f) If the person answers question (e) in the affirmative: “Is the person (or are the persons) for whom you are signing today registered in a register of electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?”
. . .	. . .
5. A person applying as an elector in relation to whom there is an entry in the postal signers list	(za) At a petition held in England, Wales or Scotland, “What is your name?”(zb) At a petition held in England, Wales or Scotland, “What is your address?”(a) “Did you apply to sign the petition by post?”(b) “Why have you not signed the petition by post?”
6. A person applying as proxy who is named in the proxy postal signers list	(za) At a petition held in England, Wales or Scotland, “What is your name?”(zb) At a petition held in England, Wales or Scotland, “What is your address?”(a) “Did you apply to sign the petition by post as proxy?”(b) “Why have you not signed the petition by post as proxy?”

(2) In the case of an elector in respect of whom a notice has been issued under section 13BC(6) of the 1983 Act (alteration of registers: recall petition), the references in the questions at entries 1(a) and 3(a) and (b) to reading from the register must be taken as references to reading from that notice.

(3) In the case of an anonymous elector in Northern Ireland, the questions at entry 3 do not apply.

(3A) Where at a petition held in England, Wales or Scotland an assistant appointed to assist the petition clerk—

(a) gives a person the required information (see paragraph (6)),

(b) puts a question specified in paragraph (1) to a person, and

the assistant must refer the matter to the petition clerk, who must put the question to the person again.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) Where ... the petition clerk—

(a) gives a person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not , in the case of a petition held in England, Wales or Scotland, following a referral under paragraph (3A)), and

the petition clerk must refuse to deliver a signing sheet to the person (and see regulation 30A (procedure where signing sheet is refused under this paragraph)).

(4B) For the purposes of this regulation, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(4C) In the case of an elector in respect of whom a notice has been issued under section 13BC(6) of the 1983 Act, the references to the register in paragraph (4B) are to be read as references to the notice issued under section 13BC(6).

(5) Except as authorised by this regulation, no inquiry is to be permitted as to the right of any person to sign the petition (and for the purposes of this paragraph, an inquiry relating to the production of identification by a person is not to be regarded as an inquiry as to the right of the person to sign the petition).

(6) For the purposes of this regulation, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a signing sheet will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.

Challenge of person signing the petition

26

A person who is entitled to sign the petition must not be prevented from doing so unless the person is arrested on the grounds that the person is suspected of committing or of being about to commit an offence of personation.

Signing procedure: England and Wales and Scotland

27

(1) Subject to regulation 25(4A) and to paragraphs (1A) to (1N), a signing sheet must be delivered to a person who applies for one, and immediately before delivery—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the number of the elector must be marked on the list mentioned in regulation 19(3)(d) (equipment at petition signing place) beside the number of the signing sheet to be delivered to that person;

(c) a mark must be placed in the copy of the register against the number of the elector to denote that a signing sheet has been received but without showing the particular signing sheet which has been received;

(d) in the case of a person applying for a signing sheet as proxy, a mark must also be placed against the proxy’s name in the list of proxies.

(1A) A signing sheet must not be delivered to a person unless the person produces a specified document to the petition clerk or an assistant to the petition clerk.

(1B) The petition clerk or assistant must arrange for the person to produce any document in a private area of the petition signing place if the person so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the person.

(1C) Paragraph (1D) applies in relation to a person where—

(a) the person produces a specified document to an assistant to the petition clerk and the assistant decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or

(b) the person produces a document to an assistant that the assistant reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the assistant must refer the matter and produce the document to the petition clerk, who must proceed as if the person had produced the document to the petition clerk in the first place.

(1E) The petition clerk must refuse to deliver a signing sheet to a person where—

(a) the person produces a specified document to the clerk and the clerk decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or

(b) the person produces a document to the clerk that the clerk reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the person claims to be is resolved to the petition clerk’s satisfaction at the time of the application by the person producing further proof of identity, and

(b) the petition clerk has no other reason (arising from any document produced by the person) to doubt that the person is the elector or proxy that the person claims to be.

(1G) The refusal to deliver a signing sheet to a person under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a person who has an anonymous entry in the register, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);

(b) in the case of a person who has an anonymous entry in the register, means an anonymous elector’s document which—

(i) was issued by the appropriate registration officer;

(ii) contains the number allocated to the person as stated in the copy of the register.

(1J) (1J) In paragraph (1I)(b)(i), the “appropriate registration officer” means—

(a) the registration officer of the local authority in whose area the constituency of the MP to whom the petition relates is situated, or

(b) where the petition relates to a constituency for which there is more than one registration officer, any of those officers.

(1K) Subject to paragraph (1L), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1L) Paragraph (1K) does not apply to a temporary electoral identity document where the date for which the temporary electoral identity document is issued is before the designated day.

(1M) No person other than the petition clerk or an assistant to the petition clerk may inspect a document produced as proof of a person’s identity, except as permitted by the person.

(1N) References in this regulation to producing a document are to producing it for inspection.

(2) In the case of an elector who has an anonymous entry, that person must show the petition clerk his or her official petition notice ....

(3) In the case of an elector in respect of whom a notice has been issued under section 13BC(6) of the 1983 Act, in paragraphs (1)(c) and (1I)(b)(ii) the reference to “copy of the register” is to be read as “copy of the notice issued under section 13BC(6) of the 1983 Act”.

(4) On receiving a signing sheet the person must without undue delay—

(a) decide whether or not to sign the sheet and, if they decide to do so, sign it;

(b) fold it up and show to the petition clerk the back of the signing sheet (so as to disclose the number and other unique identifying mark); and

(5) The person must leave the petition signing place immediately after putting the signing sheet into the ballot box.

(6) A person who for the purpose of signing the petition is in a petition signing place, or in a queue outside a petition signing place, at the end of the period for which the petition is available for signing on that day must (despite the fact that the period for which the petition is available for signing on that day has ended) be entitled to apply for a signing sheet under paragraph (1), and these Regulations apply in relation to such a person accordingly.

Signing procedure: Northern Ireland

28

(1) Subject to paragraphs (3) to (7C), a signing sheet must be delivered to a person who applies for one and, immediately before delivery—

(a) the number and name of the elector as stated in the copy of the register must be called out;

(b) the number of the elector must be marked on the list mentioned in regulation 19(3)(d) (equipment at petition signing place) beside the number of the signing sheet to be delivered to that person;

(c) a mark must be placed in the copy of the register against the number of the elector to denote that a signing sheet has been received but without showing the particular signing sheet which has been received;

(d) in the case of a person applying for a signing sheet as proxy, a mark must also be placed against the proxy’s name in the list of proxies.

(2) In the case of an elector in respect of whom a notice has been issued under section 13BC(6) of the 1983 Act, in subparagraphs (a) and (c) of paragraph (1) the reference to “copy of the register” is to be read as “copy of the notice issued under section 13BC(6) of the 1983 Act”.

(3) A signing sheet must not be delivered to an elector unless that person has produced a specified document to the petition clerk or assistant for inspection by them.

(3A) The petition clerk or assistant must arrange for the person to produce any document in a private area of the petition signing place if the person so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the person.

(4) Where a person produces a specified document, the petition clerk or assistant to whom it is produced must deliver a signing sheet to that person unless —

(a) the clerk or assistant decides that—

(i) the document, or

(ii) the apparent age of that person as compared with the age according to the date supplied as the date of the person’s birth pursuant to a relevant provision (see paragraph (6C)),

raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be; or

(b) the clerk or assistant reasonably suspects that the document is a forged document (see paragraph (7A)).

raises a reasonable doubt as to whether the person is the elector or proxy whom that person represents themselves to be.

(5) Where in such a case it is a petition clerk who so decides or reasonably suspects (as the case may be), the petition clerk must refuse to deliver a signing sheet to that person (subject to paragraph (6A)).

(6) Where in such a case it is an assistant who so decides or reasonably suspects (as the case may be), the assistant must refer the matter and produce the document to the petition clerk, who must proceed as if it had been to the petition clerk that the person had produced the document in the first place.

(6A) There is an exception from paragraph (5) for cases within sub-paragraph (a) of paragraph (4) where—

(a) a discrepancy between the name of a holder of a specified document and the name of the elector or proxy that the person claims to be is resolved to the petition clerk’s satisfaction at the time of the application by the person producing further proof of identity, and

(b) the petition clerk has no other reason (arising from any document produced by the person) to doubt that the person is the elector or proxy that the person claims to be.

(6B) The refusal to deliver a signing sheet to a person under paragraph (5) does not prevent the person making a further application under paragraph (1), and paragraphs (3) to (6A) apply on any further application.

(6C) For the purposes of paragraph (4)(a)(ii), “relevant provision” means—

(a) where the person is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act (information provided by the canvass or on an application for registration), and

(b) where the person is registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), regulation 63(1A) (date of birth of proxy to be included in proxy application).

(7) For the purposes of this regulation, a specified document is a document (in whatever form issued to the holder and regardless of expiry date) which for the time being falls within the list specified in rule 37(1E) of the parliamentary election rules as amended from time to time by virtue of rule 37(1F) of those rules (voting procedure).

(7A) In this regulation, a “forged document” means a false document made to resemble a specified document.

(7B) No person other than the petition clerk or an assistant to the petition clerk may inspect a document produced as proof of a person’s identity, except as permitted by the person.

(7C) References in this regulation to producing a document are to producing it for inspection.

(8) On receiving the signing sheet the person must without undue delay—

(a) decide whether or not to sign the sheet and, if they decide to do so, sign it;

(b) fold it up and show to the petition clerk the back of the signing sheet (so as to disclose the number and other unique identifying mark); and

(9) The person must leave the petition signing place immediately after putting the signing sheet into the ballot box.

(10) A person who for the purpose of signing the petition is in a petition signing place, or is in a queue outside a petition signing place, at the end of the period for which the petition is available for signing on that day must (despite the fact that the period for signing the petition on that day has ended) be entitled to apply for a signing sheet under paragraph (1), and these Regulations apply in relation to such a person accordingly.

(11) This regulation does not apply in relation to an elector who has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland.

Signing sheets endorsed by petition clerk

29

(1) A person who wishes to sign the petition but is unable to sign the signing sheet on the ground of—

(a) blindness or other disability, or

(b) inability to read,

may apply to the petition clerk for the clerk to endorse the person’s signing sheet as mentioned in paragraph (1A).

(1A) If, following an application under paragraph (1), the petition clerk is satisfied that the person is unable to sign the signing sheet, the petition clerk may endorse that person’s signing sheet to indicate that the person was unable to sign the signing sheet as a result of their disability or inability to read but wishes to sign the petition and for their signing sheet to be included in the final count.

(2) The endorsement of the signing sheet in accordance with paragraph (1A) is to be made by the petition clerk either in writing or by an official stamp on the front of the signing sheet in accordance with directions provided by the petition officer.

(2A) Paragraphs (1A) to (1N) of regulation 27 (signing procedure: England and Wales and Scotland) apply in the case of a person who applies under paragraph (1) as they apply in the case of a person who applies under regulation 27(1), but as if—

(a) references to delivering a signing sheet to a person were references to endorsing a signing sheet, and

(b) in regulation 27(1G), the reference to paragraph (1) of regulation 27 were a reference to paragraph (1) of this regulation.

(3) Paragraphs (3) to (7C) of regulation 28 (signing procedure: Northern Ireland) apply in the case of a person who applies under paragraph (1), as they apply in the case of a person who applies under regulation 28(1), but as if—

(a) references to delivering a signing sheet to a person were references to endorsing a signing sheet, and

(b) in regulation 28(6B), the reference to paragraph (1) were a reference to paragraph (1) of this regulation.

(4) The name and number in the register of every person who signs the petition in accordance with this regulation must be entered on a list (“list of persons with disabilities assisted by the petition clerk”).

(5) In the case of a person signing as proxy for an elector, the number to be entered on the list referred to in paragraph (4) together with the elector’s name must be the elector’s number.

(6) In the case of a person in respect of whom a notice has been issued under section 13BC(6) of the 1983 Act (alteration of registers: recall petition), paragraph (4) above applies as if for “in the register of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section13BC(6) of the 1983 Act”.

Tendered signing sheets

30

(1) In the following cases a person is entitled to sign a petition signing sheet (referred to in these Regulations as a “tendered signing sheet”) in the same manner as any other person signing the petition if—

(a) in cases 1 to 5, the person satisfactorily answers the questions permitted by law to be asked at the petition signing place;

(b) in case 6, the person satisfactorily answers the questions permitted by law to be asked at the petition signing place other than the question at entry 1(c) in the table in regulation 25 (questions to be put to persons signing the petition).

(2) Case 1 is that a person representing themselves to be—

(a) a particular elector named in the register and not named in the postal signers list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to sign the petition by post as proxy,

applies for a signing sheet after another person has signed the petition in person either as the elector or the elector’s proxy.

(3) Case 2 is that—

(a) a person applies for a signing sheet representing themselves to be a particular elector named in the register;

(b) that person is also named in the postal signers list; and

(4) Case 3 is that—

(a) a person applies for a signing sheet representing themselves to be a particular person named as a proxy in the list of proxies;

(b) that person is also named in the proxy postal signers list, and

(5) Case 4 is that before the end of the signing period but after the last time at which a person may apply for a replacement postal signing sheet under regulation 96 or 97 (lost postal signing sheets), a person represents themselves to be—

(a) a particular elector named in the register who is also named in the postal signers list, or

(b) a particular person named as a proxy in the list of proxies who is also named in the proxy postal signers list,

Refusal to deliver signing sheet: Northern Ireland

31

(1) This regulation applies where a petition clerk refuses to deliver a signing sheet under regulation 28(5) (including that paragraph as applied by regulation 29 (signing sheets endorsed by the petition officer) or regulation 30 (tendered signing sheets).

(2) The refusal may be subject to review on a recall petition complaint but, subject to that and to regulation 28(6B), is final and may not be questioned in any proceedings whatsoever.

Spoilt signing sheets

32

A person who has inadvertently dealt with their signing sheet in such manner that it cannot be conveniently used as a signing sheet may, on delivering it to the petition clerk and proving to the clerk’s satisfaction the fact of the inadvertence, obtain another signing sheet in the place of the signing sheet so delivered, and the spoilt signing sheet must be immediately cancelled.

Daily verification and storage

33

(1) The petition officer must ensure that at the end of each day for which the petition is available for signing—

(a) the seal of the ballot box is broken and a tally of the number of signing sheets removed from the ballot box is made against the number of sheets that were delivered by the petition clerk that day under regulation 28 (signing procedure: England and Wales and Scotland) or regulation 29 (signing procedure: Northern Ireland); and

(b) the signing sheet account for that day is completed (“daily signing sheet account”) showing the number of signing sheets delivered that day and accounting for them under the heads of—

(i) signing sheets delivered and accounted for;

(ii) signing sheets delivered and not accounted for;

(iii) spoilt signing sheets; and

(iv) tendered signing sheets.

(2) The petition officer may direct the petition clerk to—

(a) undertake the daily verification procedure prescribed in paragraph (1) (“daily verification procedure”); or

(b) arrange for the transportation of the ballot box and other materials used for conducting the petition to the petition officer for the daily verification procedure to be undertaken by that officer.

(3) Where the petition clerk is directed to undertake the daily verification procedure under paragraph (2)(a), the directions must contain a provision that requires another person appointed by the petition officer to be present during the opening of the ballot box and the verification of the signing sheets.

(4) If an appointed person referred to in paragraph (3) is not available for the purposes of that paragraph then the petition clerk must ensure that the ballot box, daily signing sheet account and any other materials needed for the purposes of undertaking the daily verification procedure, are transported to the petition officer as directed by that officer for that purpose.

(5) The petition officer must provide directions to the petition clerk about the storage and transportation of materials used for conducting the petition, during the signing period, including in particular—

(a) unused signing sheets issued by the petition officer for that petition signing place;

(b) signing sheets delivered during the signing period and placed in the ballot box;

(d) tendered signing sheets;

(e) the daily signing sheet accounts;

(ea) the signing sheet refusal list;

(f) the corresponding number lists.

(6) Where the petition officer receives any signing sheets and other materials by virtue of paragraph (2)(b) or (4), subject to paragraph (7) that officer must ensure they are kept in a secure place until the end of the signing period.

(7) Where the petition officer receives any signing sheets and other materials by virtue of paragraph (2)(b) or (4), that officer must ensure that the completed daily sheet account and materials used for conducting the petition are returned to the petition signing place so that the petition is available for signing on the next working day.

(8) No person may be present during the daily verification procedure other than—

(a) the petition officer;

(b) any assistants appointed by the petition officer;

(d) any representative of the Electoral Commission.

Reporting discrepancies

34

Where the petition clerk identifies any discrepancies between the number of signing sheets removed from the ballot box and the number of signing sheets delivered by the petition clerk for that day the petition clerk must immediately report the discrepancy to the petition officer.

Correction of errors during the signing period

35

The petition clerk must keep a list of persons to whom signing sheets are delivered in consequence of any alteration to the register of parliamentary electors made by virtue of section 13BC(6) of the 1983 Act which takes effect during the signing period (“list of alterations to the register”).

Adjournment of petition in case of riot

36

(1) Where the proceedings at any petition signing place are interrupted or obstructed by riot or open violence, the petition clerk must adjourn the proceedings until the following working day and must as soon as reasonably practicable give notice to the petition officer of that fact.

(2) Where the proceedings are adjourned under paragraph (1)—

(a) the signing period must be extended by the number of working days which were subject to an adjournment during the signing period;

(b) the hours of signing on the day or days to which it was adjourned must be the same as for the original day or days; and

Procedure on close of petition

37

(1) As soon as reasonably practicable after the end of the signing period, the petition clerk must, in the presence of another person appointed by the petition officer, make up into separate packets, sealed with his own seal, the following documents which are located at the petition signing place at the end of the signing period—

(a) the signing sheets delivered during the signing period which were placed in and subsequently retrieved from the ballot box as part of the daily verification procedure;

(b) unused and spoilt signing sheets placed together;

(d) the marked copies of the register (including any marked copy notices issued under section 13BC(6) of the 1983 Act) and copies of the list of proxies marked in accordance with these Regulations;

(e) the lists prepared under regulation 11 (corresponding number lists), including the parts which were completed in accordance with regulation 27(1)(b) or regulation 28(1)(b) (the “completed corresponding number lists”);

(ea) in the case of a petition held in England, Wales or Scotland, the signing sheet refusal list completed in accordance with regulation 30A;

(eb) in the case of a petition held in Northern Ireland, the lists provided under regulation 19(3)(e);

(f) the certificates as to employment on duty during the signing period.

(2) The petition clerk must record the number of signing sheets issued by the petition officer for that petition signing place together with a record of those sheets delivered by the petition clerk under these Regulations for the purpose of signing the petition including any spoilt and tendered signing sheets (“final signing sheet account”).

(3) The packets referred to in paragraph (1), together with the daily signing sheet accounts and the final signing sheet account, must be delivered by the petition clerk or caused to be delivered to the petition officer; but if the packets are not delivered by the petition clerk personally to the petition officer, the arrangements for their delivery require the petition officer’s approval.

(4) The marked copies of the register and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty during the signing period.

(5) Where the petition officer has received any signing sheets or other materials by virtue of regulation 33(2)(b) or (4) during the signing period, that officer must as soon as reasonably practicable after the end of the signing period, for each petition signing place, make up into separate packets, sealed with their own seal, the following documents—

(a) the signing sheets delivered during the signing period which were placed in and subsequently retrieved from the ballot box as part of the daily verification procedure;

(b) the spoilt signing sheets;

CHAPTER 4 — Counting Signing Sheets

Attendance at counting of signatures

38

(1) No person other than—

(a) the petition officer,

(b) any assistants of the petition officer, and

(c) a person who is entitled to attend by virtue of any of sections 6A to 6C of PPERA 2000 (attendance of Electoral Commission and accredited observers at elections etc),

may be present at the counting of the signing sheets, unless permitted by the petition officer to attend.

(2) A person not entitled to attend at the counting of the signing sheets must not be permitted to do so by the petition officer unless the petition officer is satisfied that the efficient counting of the signing sheets will not be impeded.

The count

39

(1) The petition officer must take reasonable steps to begin counting the signatures given on the signing sheets as soon as practicable after the end of the signing period and, in any event, no later than one day after the end of that period.

(2) The petition officer must in the presence of any person mentioned in regulation 38 (attendance at counting of signatures) who attends the count—

(a) count and record the number of signing sheets received by virtue of regulation 33(2)(b) or (4) (daily verification) and regulation 37(3) (procedure on close of petition);

(b) verify the final signing sheet account for each petition signing place;

(3) In relation to a petition in England and Wales or Scotland, a postal signing sheet must not be taken to be duly returned unless—

(a) it is returned in accordance with regulation 99 (alternative means of returning postal signing sheets, postal petition statements and declarations of identity);

(b) it is accompanied by the postal petition statement, duly signed, and reaches the petition officer or a petition signing place before the end of the signing period;

(d) the petition officer has verified the date of birth and signature of the elector or proxy (as the case may be) in accordance with regulation 107 (procedure in relation to postal petition statements) and

(e) the postal signing sheet is not one that falls to be rejected in accordance with regulation 99B or 102B.

(4) A postal signing sheet or postal petition statement that reaches the petition officer or a petition signing place after the end of the signing period is to be treated for the purposes of paragraph (3) as reaching that officer or place before the end of the signing period if it is delivered by a person who, at the end of the signing period, is in the petition signing place, or in a queue outside the petition signing place, for the purpose of returning it.

(5) In relation to a petition in Northern Ireland, a postal signing sheet must not be taken to be duly returned unless—

(a) it is returned in accordance with regulation 99;

(b) it is returned in the proper envelope so as to reach the petition officer before the end of the signing period and is accompanied by the declaration of identity duly signed, ...

(c) in the case of an elector, that declaration of identity states the date of birth of the elector, and the petition officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act and

(d) the postal signing sheet is not one that falls to be rejected in accordance with regulation 102B.

(6) In the case of an elector in Northern Ireland, unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act or regulation 52(1A) or 54(1A) applies, the declaration of identity referred to in paragraph (5) must be taken not to be duly signed unless the petition officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature pursuant to regulation 52(1)(d) or (da)(i) or 54(1)(d) or (da)(i).

(7) The petition officer must not count any tendered signing sheets.

(8) The petition officer, while counting and recording the number of signing sheets and counting the signatures, must keep the signing sheets with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the sheets.

(9) The petition officer must verify the final signing sheet accounts for each petition signing place by comparing them with the number of signing sheets recorded by him or her, and the unused and spoilt signing sheets in his or her possession and the tendered signing list (opening and resealing the packets containing the unused and spoilt signing sheets and the tendered signing list) and must draw up a statement as to the result of the verification (“verification of signing sheet accounts”).

Rejected signing sheets

40

(1) Any signing sheet which—

(a) does not bear the official mark, or

(b) is unmarked or void for uncertainty,

must, subject paragraph (2), be taken to be void and not counted.

(2) A signing sheet on which the signature is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a signature, or

must not for such reason be taken to be void if an intention to sign the petition clearly appears.

(3) The petition officer must endorse the word “rejected” on any signing sheet which under this regulation is not counted.

(4) The petition officer must draw up a statement showing the number of signing sheets rejected (“statement of rejected signing sheets”) under either or both heads of—

(a) want of official mark;

(b) unmarked or void for uncertainty.

Decisions on signing sheets

41

The decision of the petition officer on any question arising in respect of any signing sheet may be subject to review on a recall petition complaint but, subject to that, is final and may not be questioned in any proceedings whatsoever.

Public notice of outcome of petition

42

The public notice given by the petition officer under section 14(2)(c) of the Act (determination of whether recall petition successful) must include—

(a) the name and constituency of the MP to whom the petition related;

(b) the details relating to the recall condition which was met in relation to that MP;

(d) whether or not in accordance with section 14(3) of the Act (determination of whether recall petition successful) the petition was successful;

(e) the number of eligible registered electors;

(f) the number and percentage of eligible registered electors who validly signed the petition;

(g) the number of rejected signing sheets under each head shown in the statement of rejected signing sheets.

CHAPTER 4 — Disposal of Documents

Sealing up of signing sheets

43

(1) On the completion of the counting of the signing sheets, the petition officer must seal up in separate packets the counted and rejected signing sheets.

(2) The petition officer must not open the sealed packets of—

(a) tendered signing sheets;

(b) the completed corresponding number lists;

(ba) in the case of a petition held in England, Wales or Scotland, the completed signing sheet refusal list;

(d) marked copies of the register (including any marked copy notices issued under section 13BC(6) of the 1983 Act) and lists of proxies.

Delivery of documents to the registration officer: England and Wales and Northern Ireland

44

(1) The petition officer must forward to the registration officer the following documents—

(a) the packets of signing sheets,

(b) the daily signing sheet accounts, the final signing sheet accounts, the statement of rejected signing sheets and the verification of the signing sheets accounts,

(c) the tendered signing lists, the lists of persons with disabilities assisted by the petition clerk, and the list of alterations to the register,

(d) the packets of the completed corresponding number lists,

(da) in the case of a petition held in England or Wales, the packet containing the completed signing sheet refusal list,

(e) the packets of certificates as to employment on duty during the signing period,

(f) the packets containing marked copies of the register (including any marked copy notices issued under section 13BC(6) of the 1983 Act) and of the postal signers list, of lists of proxies and of the proxy postal signers list,

(g) such other documents relating to the petition as the petition officer considers appropriate,

endorsing on each packet a description of its contents, the dates of the signing period of the petition to which it relates and the name of the constituency in relation to which the petition was held.

(2) Paragraph (1)(f) does not apply in relation to a petition for a constituency in Northern Ireland, but the petition officer for such a petition must instead endorse on each packet containing—

(a) marked copies of the registers,

(b) the postal signers list,

(d) lists of proxies,

a description of its contents, the dates of the signing period of the petition to which it relates and the name of the constituency in relation to which the petition was held.

(3) In this regulation and in regulations 45 and 46, a reference to “the registration officer” is a reference to—

(a) for England and Wales—

(i) the registration officer of the local authority in whose area the constituency of the MP to whom the petition related is situated, or

(ii) if the constituency includes any part of the area of more than one local authority, the registration officer of the local authority in whose area the greatest number of electors is registered;

(b) for Northern Ireland, the Clerk of the Crown for Northern Ireland.

Orders for production of documents: England and Wales and Northern Ireland

45

(1) An order may be made by the bodies and in the circumstances described in paragraph (2)—

(a) for the inspection or production of any rejected signing sheets in the custody of the registration officer;

(b) for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty during the period of the petition;

(1A) In respect of a petition held in England or Wales, an order may be made by the bodies and in the circumstances described in paragraph (2)—

(a) for the opening of the sealed packet containing a completed signing sheet refusal list, or

(b) for the inspection or production of that list.

(2) Those bodies and circumstances are—

(a) the House of Commons;

(b) if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to a petition, any court;

(3) An order under this regulation may be made subject to such conditions as the body making the order thinks expedient as to—

(a) persons;

(b) time;

(d) production or opening.

(4) In making and carrying into effect an order under this regulation the signature of any person must not be disclosed until it has been proved—

(a) that their signature was given; and

(b) that their signature has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of the county court under this regulation.

(6) Any power given under this regulation—

(a) to the High Court or, except in Northern Ireland, to the county court, may be exercised by any judge of the court otherwise than in open court; and

(b) in Northern Ireland to a county court, may be exercised in such manner as may be provided by rules of court.

(7) Where an order is made for the production by the registration officer of any document in their possession relating to any specified petition—

(a) the production by the registration officer or their agent of the document ordered in such manner as may be directed by that order is to be conclusive evidence that the document relates to the specified petition; and

(b) any endorsement on any packet of signing sheets so produced is to be prima facie evidence that the signing sheets are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a signing sheet purporting to have been used at any petition, and

(b) a completed corresponding number list with a number marked in writing beside the number of the signing sheet,

is to be prima facie evidence that the elector whose signature was given by that signing sheet was the person whose entry in the register (or on a notice issued under section 13BC(6) of the 1983 Act) at the time of the petition contained the same number as the number written as mentioned in subparagraph (b).

(9) Save as provided by this regulation, no person is to be allowed to inspect any rejected or counted signing sheet in the possession of the registration officer or to open any sealed packets of the completed corresponding number lists or of certificates.

Retention of documents: England and Wales and Northern Ireland

46

(1) The registration officer must retain for a year all documents relating to a petition forwarded to them in pursuance of these Regulations by a petition officer, and then, unless otherwise directed by order of the House of Commons or any court, must cause them to be destroyed.

(2) The petition officer must retain for a year the documents referred to in regulation 44(2) (delivery of documents to the registration officer: Northern Ireland) and 110A (list of rejected postal petition documents: Northern Ireland) and then, unless otherwise directed by order of the House of Commons or any court, must cause them to be destroyed.

Retention and disposal of documents: Scotland

47

(1) This regulation applies to petitions for a constituency in Scotland.

(2) The petition officer must retain for a year the documents referred to in regulation 44(1) (delivery of documents to the registration officer) and then, unless otherwise directed by order of the House of Commons, the Court of Session or the sheriff, must cause them to be destroyed.

(3) Regulation 45 is to apply but in the application of that regulation a reference to—

(a) “registration officer” is to be read as “petition officer”;

(b) “High Court” is to be read as “Court of Session”; and

Access to marked registers

48

Schedule 3 (access to marked registers after a petition) is to have effect.

PART 4 — ABSENT SIGNERS

CHAPTER 1 — Entitlement to Absent Signing

Interpretation

49

In this Part—

(a) “Schedule 4” means Schedule 4 to the 2000 Act (absent voting in Great Britain);

(b) one person is “related” to another if he or she is the spouse or civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

Entitlement to sign by post or proxy

50

(1) A person is entitled to sign a petition by post if that person—

(a) is entitled to sign the petition by virtue of section 10 of the Act (entitlement to sign a recall petition); and

(b) before the cut-off day[^f00019], has been granted an application under paragraph 3(1) of Schedule 4 (absent vote at elections for definite or indefinite period) to vote by post at parliamentary elections and is included in the postal voters list under paragraph 5(2) of that Schedule (absent voters list).

(2) Subject to paragraph (5), a person is entitled to sign a petition by proxy if that person—

(a) is entitled to sign the petition by virtue of section 10 of the Act; and

(b) before the cut-off day, has been granted an application under paragraph 3(2) of Schedule 4 to vote by proxy at parliamentary elections and is included in the list of proxies under paragraph 5(3) of that Schedule.

(3) A person is also entitled to sign a petition by post or, as the case may be, by proxy if that person—

(a) is entitled to sign the petition by virtue of section 10 of the Act; and

(b) before the cut-off day, has been granted an application under section 6(1) of the 1985 Act (absent vote at elections for an indefinite period) to vote by post or to vote by proxy for an indefinite period and is shown in the record referred to in subsection (3) of that section of those whose applications have been granted under subsection (1) of that section.

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