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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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(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.

(4) Where a person has been granted an application under paragraph 3(1) of Schedule 4 to vote by post and the period for which the resulting entitlement to vote by post expires during the signing period of a particular petition, that ... period is deemed to continue until the end of the signing period for the purposes of enabling that person to sign the petition by post, unless that person applies to have their name removed from the postal voters list made under paragraph 5(2) of that Schedule before 5pm on the eleventh day before the last day of the signing period of that petition.

(5) Where a person has been granted an application under paragraph 3(2) of Schedule 4 to vote by proxy for a definite period and that period expires during the signing period for a particular petition, that entitlement to vote by proxy comes to an end on the expiry of that definite period.

Absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland

51

(1) Where a person applies to the registration officer to sign any petition by post ..., the registration officer must grant the application if—

(a) the officer is satisfied that the applicant is or will be entitled to sign a petition by virtue of section 10 of the Act;

(b) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to that person under regulation 16 (allotment of petition signing places); and

(c) the application contains the applicant’s signature and date of birth and meets the requirements of Chapter 2 of this Part.

(1A) Any grant of an application under paragraph (1) is to be for—

(a) the period ending with the third 31st January following the date on which the application is granted, or

(b) any shorter period specified in the application.

(1B) But where the person is registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, paragraph (1A) does not apply and instead any grant of an application is to be for—

(a) the period ending with the 1st November until which, by virtue of section 1D(1)(a) or (3)(a) of the 1985 Act, the person is entitled to remain registered in that register

(b) any shorter period specified in the application.

(2) Where a person applies to the registration officer to sign any petition by proxy (whether for an indefinite period or for a particular period specified in their application), the registration officer must grant the application if—

(a) the officer is satisfied that the applicant is eligible to sign the petition by proxy (in accordance with paragraph (3));

(b) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to that person under regulation 16;

(c) the officer is satisfied that the applicant is or will be entitled to sign the petition by virtue of section 10 of the Act; and

(d) the application contains the applicant’s signature and date of birth and meets the requirements of Chapter 2 of this Part.

(3) For the purposes of this regulation a person is eligible to sign the petition by proxy if that person—

(a) is or will be registered in the register of parliamentary electors as a service voter;

(b) has an anonymous entry in the register of parliamentary electors;

(i) to go in person to the petition signing place allotted or likely to be allotted to that person under regulation 16 (allotment of petition signing place), or

(ii) to sign the petition unaided there,

by reason of blindness or other disability;

(d) cannot reasonably be expected to go in person to that petition signing place by reason of the general nature of that person’s occupation, service or employment or that of their spouse or civil partner, or by reason of their attendance on a course provided by an educational institution or that of their spouse or civil partner;

(e) cannot go in person from their qualifying address to that petition signing place without making a journey by air or sea; or

(f) is or will be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration.

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

(a) where the applications were to sign the petition—

(i) by post, the period for which that application was granted;

(ii) by proxy, whether that was for an indefinite or a particular period (specifying that period);

(b) in the case of those who may sign the petition by post, the addresses provided by them in their applications as the addresses to which their signing sheets are to be sent, and

(c) in the case of those who may sign the petition by proxy, the names and addresses of those appointed as their proxies.

(5) The registration officer must remove a person from the record—

(a) if that person applies to the registration officer to be removed;

(b) in the case of a person who is eligible to sign the petition by proxy by virtue of having an anonymous entry, if that person ceases to have an anonymous entry;

(c) in the case of any person in the register of parliamentary electors, if that person ceases to be so registered or registered at the same qualifying address;

(d) in the case of any person shown in the record as being eligible to sign the petition by proxy, if the registration officer gives notice that he or she has reason to believe there has been a material change of circumstances;

(e) in the case of a person who applied to sign the petition by post for a particular period, once that period has expired or, where paragraph (9) applies, at the end of the signing period;

(f) in the case of a person who applied to sign the petition by proxy for a particular period, once that period has expired.

(6) A person shown in the record under kept under paragraph (4) as being entitled to sign the petition by post may subsequently alter their choice by applying to the registration officer to sign the petition by proxy instead (whether for an indefinite period or for a particular period specified in his application); and, if the registration officer would be required to grant that application if it were one made under paragraph (2), the registration officer must amend the record accordingly.

(7) A person shown in the record as being entitled to sign the petition by proxy may subsequently alter his choice by applying to the registration officer to sign the petition by post instead ...; and, if the application meets the requirements of Chapter 2 of this Part, the registration officer must amend the record accordingly.

(7A) The following apply to an application under paragraph (7) as they apply to an application under paragraph (1)—

(a) where the applicant is registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, paragraph (1B);

(b) otherwise, paragraph (1A).

(8) The registration officer may dispense with the requirement under paragraph (1)(c) or (2)(d) for the applicant to provide a signature if he or she is satisfied that the applicant is unable—

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

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

(9) Where a person has been granted an application under paragraph (1) to sign the petition by post for a ... period and that period expires during the signing period for a particular petition, that ... period is deemed to continue until the end of the signing period for the purposes of enabling that person to sign the petition by post, unless that person applies to have their name removed from the record kept under paragraph (4).

Absent signing at any petition for an indefinite period: Northern Ireland

52

(1) Where a person applies to the registration officer to sign any petition by post or by proxy, for an indefinite period, the registration officer must grant the application (subject to paragraph (8)) if—

(a) the officer is satisfied that the applicant is or will be entitled to sign a petition by virtue of section 10 of the Act;

(b) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to that person under regulation 16;

(c) the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act;

(d) in the case of an applicant other than one who is or will be digitally registered, the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act;

(da) in the case of an applicant who is or will be digitally registered, the registration officer is satisfied that the application—

(i) is signed; and

(ii) includes the digital registration number allocated to the applicant by that officer;

(e) the application either states the applicant’s national insurance number or states that the applicant does not have one, and the registration officer is satisfied as mentioned in paragraph (2) below;

(f) the application meets the requirements of Chapter 2 of this Part; and

(g) in the case of an application to sign the petition by proxy, the officer is satisfied that the applicant is eligible (in accordance with paragraph (4)) to sign the petition by proxy for an indefinite period.

(1A) In the case of an applicant who is or will be digitally registered, if the registration officer is satisfied that it is not reasonably practicable for the applicant to sign in a consistent and distinctive way because of blindness or any other disability of that person or because that person is unable to read, the officer may make a determination to that effect.

(2) For the purposes of paragraph (1)(e), the registration officer must be satisfied—

(a) if the application states a national insurance number, that the requirements of paragraph (3) below are met; or

(b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as the applicant’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act.

(3) The requirements of this paragraph are met if—

(a) the number stated as mentioned in paragraph (2)(a) is the same as the one supplied as the applicant’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act; or

(b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.

(4) For the purposes of this regulation, a person is eligible to sign a petition by proxy for an indefinite period if that person—

(a) is or will be registered as a service voter;

(b) has an anonymous entry in the register of electors for a parliamentary election;

(i) to go in person to the signing place allotted or likely to be allotted to them under regulation 16 (allotment of petition signing places), or

(ii) to sign the petition unaided there,

by reason of blindness or other disability;

(d) cannot reasonably be expected to go in person to that petition signing place by reason of the general nature of their occupation, service or employment or that of their spouse or civil partner or by reason of their attendance on a course provided by an educational institution or that of their spouse or civil partner;

(e) cannot go in person from their qualifying address to that petition signing place without making a journey by air or sea; or

(f) is or will be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration.

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

(a) in the case of those who may sign a petition by post, the addresses provided by them in their applications as the addresses to which their signing sheets are to be sent, and

(b) in the case of those who may sign a petition by proxy, the names and addresses of those appointed as their proxies.

(6) The registration officer must remove a person from the record kept under paragraph (5)—

(a) if that person applies to the registration officer to be removed;

(b) in the case of a person who is eligible to sign the petition by proxy by virtue of having an anonymous entry, if that person ceases to have an anonymous entry;

(c) in the case of any person registered in the register of parliamentary electors, if that person ceases to be registered or registered at the same qualifying address; or

(d) if the registration officer gives notice that he or she has reason to believe there has been a material change of circumstances.

(7) A person shown in the record kept under paragraph (5) as being eligible to sign a petition by post or by proxy (as the case may be) may subsequently alter their choice (subject to paragraph (8)) on an application to the registration officer that meets the requirements of Chapter 2 of this Part and the registration officer must amend the record accordingly.

(8) A person applying to sign a petition by post must provide an address in the United Kingdom as the address to which that person’s signing sheet is to be sent.

(9) For the purposes of this regulation, a person is to be treated as a person who is or will be digitally registered if the person meets the condition in paragraph (9A) or the condition in paragraph (9B).

(9A) A person meets the condition in this paragraph if—

(a) the person’s registration in the register of parliamentary electors is or will be pursuant to an application submitted through the UK digital service, and

(b) where, since the submission of that application, any form has been completed in respect of the person in connection with a canvass under section 10 of the 1983 Act, the last such form was submitted through the UK digital service.

(9B) A person meets the condition in this paragraph if—

(a) the last form to be completed in respect of the person in connection with a canvass under section 10 of the 1983 Act was submitted through the UK digital service, and

(b) where, since the submission of that form, any application for registration in the register of parliamentary electors has been made in respect of the person, the last such application was submitted through the UK digital service.

(10) In this regulation—

“digital registration number” has the same meaning as in section 10B(1) of the 1983 Act;

“the UK digital service” has the same meaning as in section 10ZF of the 1983 Act, and a reference to a form or application submitted through the UK digital service is to be construed in accordance with subsection (4) of that section.

Absent signing at a particular petition: England and Wales and Scotland

53

(1) Where a person applies to the registration officer to sign a particular petition by post, the officer must grant the application if—

(a) the officer is satisfied that the applicant is or will be entitled to sign the petition in accordance with section 10 of the Act (entitlement to sign a recall petition);

(b) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to them under regulation 16; and

(c) the application contains the applicant’s signature and date of birth and meets the requirements of Chapter 2 of this Part.

(2) Where a person applies to the registration officer to sign a particular petition by proxy, the officer must grant the application if—

(a) the officer is satisfied that the applicant’s circumstances during the signing period will be, or are likely to be, such that the applicant cannot reasonably be expected to sign in person at the petition signing place allotted or likely to be, allotted to that person under regulation 16 (allotment of petition signing places);

(b) the officer is satisfied that the applicant is or will be entitled to sign the petition in accordance with section 10 of the Act;

(c) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to them under regulation 16; and

(d) the application contains the applicant’s signature and date of birth and meets the requirements of Chapter 2 of this Part.

(3) Where a person who has an anonymous entry in the register, applies to the registration officer to sign a particular petition by proxy, the registration officer must grant the application if—

(a) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to them under regulation 16; and

(b) it meets the requirements of Chapter 2 of this Part.

(4) Nothing in paragraphs (1) to (3) applies to a person who is included in the record kept under regulation 51(4) (absent signing at any petition for a definite or indefinite period: England and Wales and Scotland) or in the record kept under paragraph 3(4) or 7(6) of Schedule 4, but if such a person is shown in any of those records as being entitled to sign the petition by post or voting by post (as the case may be) the person may, in respect of a particular petition, apply to the registration officer—

(a) for that person’s signing sheet to be sent to a different address from that shown in the record, or

(b) to sign the petition by proxy.

(5) The registration officer must grant an application under paragraph (4) if—

(a) it meets the requirements of Chapter 2 of this Part, and

(b) in the case of an application to sign the petition by proxy, the officer is satisfied that the applicant’s circumstances during the signing period will or are likely to be such that the applicant cannot reasonably be expected to sign the petition in person at the petition signing place allotted or likely to be allotted to that person in accordance with regulation 16 (allotment of petition signing places).

(6) The registration officer may dispense with the requirement under paragraph (1)(c) or (2)(d) 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;

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

Absent signing at a particular petition: Northern Ireland

54

(1) Where a person applies to the registration officer to sign a particular petition by post, or to sign that petition by proxy, the registration officer must grant the application (subject to paragraph (4)) if—

(a) in the case of a proxy application, the officer is satisfied that the applicant’s circumstances during the signing period will be or are likely to be such that the person cannot reasonably be expected to sign the petition in person at the petition signing place allotted or likely to be allotted to that person under regulation 16 (allotment of petition signing place);

(b) the officer is satisfied that the applicant is or will be entitled to sign the petition in accordance with section 10 of the Act;

(c) the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act;

(d) in the case of an applicant other than one who is or will be digitally registered, the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act;

(da) in the case of an applicant who is or will be digitally registered, the registration officer is satisfied that the application—

(i) is signed; and

(ii) includes the digital registration number allocated to the applicant by that officer;

(e) the application either states the applicant’s national insurance number or states that he or she does not have one, and the registration officer is satisfied as mentioned in paragraph (2);

(f) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to that person under regulation 16; and

(g) the application meets the requirements of Chapter 2 of this Part.

(1A) In the case of an applicant who is or will be digitally registered, if the registration officer is satisfied that it is not reasonably practicable for the applicant to sign in a consistent and distinctive way because of blindness or any other disability of that person or because that person is unable to read, the officer may make a determination to that effect.

(2) For the purposes of paragraph (1)(e), the registration officer must be satisfied—

(a) if the application states a national insurance number, that the requirements of paragraph (3) are met; or

(b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as that person’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act.

(3) The requirements of this paragraph are met if—

(a) the number stated as mentioned in paragraph (2)(a) is the same as the one supplied as the applicant’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act; or

(b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.

(4) Paragraph (1) does not apply to a person who is included in the record kept under regulation 52(5) (absent signing at any petition for indefinite period: Northern Ireland) or kept in the record kept under section 6(3) of the 1985 Act (absent vote at elections for indefinite period), but such a person may, in respect of a particular petition, apply to the registration officer—

(a) for that person’s signing sheet to be sent to a different address in the United Kingdom, or

(b) to sign the petition by proxy,

if that person is shown in the record so kept as signing the petition by post or proxy, or voting by post of proxy (as the case may be).

(5) The registration officer must grant an application under paragraph (4) if it meets the requirements of Chapter 2 of this Part.

(6) For the purposes of this regulation, a person is to be treated as a person who is or will be digitally registered if the person meets the condition in paragraph (6A) or the condition in paragraph (6B).

(6A) A person meets the condition in this paragraph if—

(a) the person’s registration in the register of parliamentary electors is or will be pursuant to an application submitted through the UK digital service, and

(b) where, since the submission of that application, any form has been completed in respect of the person in connection with a canvass under section 10 of the 1983 Act, the last such form was submitted through the UK digital service.

(6B) A person meets the condition in this paragraph if—

(a) the last form to be completed in respect of the person in connection with a canvass under section 10 of the 1983 Act was submitted through the UK digital service, and

(b) where, since the submission of that form, any application for registration in the register of parliamentary electors has been made in respect of the person, the last such application was submitted through the UK digital service.

(7) In this regulation—

“digital registration number” has the same meaning as in section 10B(1) of the 1983 Act;

“the UK digital service” has the same meaning as in section 10ZF of the 1983 Act, and a reference to a form or application submitted through the UK digital service is to be construed in accordance with subsection (4) of that section.

Absent signers lists: England and Wales and Scotland

55

(1) The registration officer must, in respect of each petition, keep the two lists mentioned in paragraphs (2) and (3).

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

(a) those persons who are for the time being shown in the postal voters list under paragraph 5(2) of Schedule 4, together with the addresses as shown in that list as the addresses to which their postal ballot sheets are to be sent;

(b) those persons who are for the time being shown in the record kept under regulation 51(4) as signing the petition by post (excluding those so shown whose applications under regulation 53(4) to sign the petition by proxy have been granted), together with the addresses provided by them in their applications under regulation 51 or regulation 53(4)(a) (as the case may be) as the addresses to which their signing sheets are to be sent;

(c) those persons whose applications have been granted under regulation 53(1) to sign a particular petition by post, together with the addresses provided by them in their application under that regulation.

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

(a) those persons who are for the time being shown in the list of proxies under paragraph 5(3) of Schedule 4,

(b) those persons who are for the time being shown in the record kept under regulation 51(4) as being eligible to sign the petition by proxy,

Absent signers list: Northern Ireland

56

(1) The registration officer must, in respect of each petition, keep the two lists mentioned in paragraphs (2) and (3).

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

(a) those persons who are for the time being shown in the record kept under regulation 52(5) as being entitled to sign the petition by post (excluding those so shown whose applications under regulation 54(4) to sign the petition by proxy have been granted) together with the addresses provided by them in their application under regulation 52, or regulation 54(4)(a) (as the case may be) as the address to which their signing sheet is to be sent;

(b) those persons whose applications under regulation 54(1) to sign the petition by post have been granted, together with the addresses provided by them in their applications as the addresses to which their signing sheets are to be sent; and

(c) those persons who are for the time being shown in the record kept under section 6(3) of the 1985 Act as voting by post at parliamentary elections (excluding those so shown whose applications under regulation 54(4) to sign the petition by proxy at the election have been granted), together with the addresses provided by them in their applications under that section or regulation 54(4)(a) (as the case may be) as the addresses to which their signing sheet sheets are to be sent.

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

(a) those persons whose applications under regulation 52 (absent signing at any petition for an indefinite period) to sign the petition by proxy have been granted,

(b) those persons whose applications under regulation 54 (absent signing at a particular petition) to sign the petition by proxy have been granted,

(c) those persons who are for the time being shown in the record kept under section 6(3) of the 1985 Act (absent vote at elections for an indefinite period) as voting by proxy at parliamentary elections,

Proxies at petitions

57

(1) Subject to the following provisions of this regulation, any person is capable of being appointed proxy to sign a petition for another (the person appointing the proxy is referred to in this regulation and regulation 58 as “the appointer”).

(2) The appointer cannot have more than one person at a time appointed as proxy to sign a petition for him or her.

(3) A person is not capable of being appointed to sign a petition as proxy if the person—

(za) is not registered in a register of parliamentary electors,

(a) is subject to any legal incapacity (age apart) to sign a petition as an elector, and

(b) is neither a Commonwealth citizen or a citizen of the Republic of Ireland.

(4) A person is not capable of signing a petition as proxy unless before the end of the signing period for that petition the person has attained the age of 18; but such a person may sign the petition during the signing period notwithstanding that they may have not attained the age of 18 on the day they sign the petition.

(5) A person—

(a) is not entitled to sign a petition as proxy on behalf of more than two persons who do not fall within paragraph (5A), but

(b) subject to sub-paragraph (a), is entitled to sign such a petition on behalf of up to four persons.

(5A) A person falls within this paragraph if the person is registered in the register in pursuance of an overseas elector’s declaration or as a service voter.

(6) Where the appointer applies to the registration officer for the appointment of a proxy to sign the petition for him or her (whether for an indefinite period or for a particular period specified in his application), the registration officer must make the appointment if the application meets the requirements of Chapter 2 of this Part and the registration officer is satisfied that the appointer—

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

(b) is or will be shown in the record kept under regulation 51(4) above as being eligible to sign the petition by proxy or (as the case may be) in the record kept under paragraph 3(4) of Schedule 4 as entitled to vote by proxy and the proxy is capable of being, and willing to be, appointed to sign the petition as proxy; and

(7) Where the appointer applies to the registration officer for the appointment of a proxy to sign the petition for him or her at a particular petition the registration officer must make the appointment if the application meets the requirements set out in Chapter 2 of this Part and the registration officer is satisfied that the appointer—

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

(b) is or will be eligible to sign the petition by proxy by virtue of an application under regulation 53(2) and (3) and that the proxy is capable of being, and willing to be, appointed to sign the petition as proxy; and

(c) has not signed the petition at the petition signing place allotted to the appointer under regulation 16 (allotment of petition signing place).

(8) The appointment of a proxy under this regulation must be made by means of a proxy paper issued by the registration officer in the form set out in Form J in Schedule 2.

(9) The appointment may be cancelled by the appointer by giving notice to the registration officer.

(10) The appointment also ceases to be in force—

(a) on the issue of a proxy paper appointing a different person to sign the petition for the appointer;

(b) where the appointment was for a definite period, once that period expires, unless the proxy is entitled to sign the petition by post in which case that period is deemed to continue until the end of the signing period for the purposes of signing the petition.

(11) Subject to paragraphs (9) and (10), the appointment remains in force—

(a) in the case of an appointment for a particular petition, for that petition;

(b) in any other case, while the appointer is shown in the record kept under regulation 51(4) as being entitled to sign the petition by proxy or (as the case may be) in the record kept under paragraph 3(4) of Schedule 4 as entitled to vote by proxy.

(12) In respect of petitions in Northern Ireland, the application of this regulation is modified as follows—

(a) for references to “regulation 51(4)” substitute “regulation 52(5)”;

(b) for references to “regulation 53(2)” substitute “regulation 54(1)”;

Signing the petition as a proxy

58

(1) A person entitled to sign the petition as proxy for another may do so in person at the petition signing place allotted to the appointer under regulation 16 (allotment of petition signing place) unless the person is entitled to sign the petition by post as proxy for the appointer, in which case the person may sign the petition by post.

(2) But in the case of a person entitled to sign the petition as proxy for an appointer included in the register of electors in Northern Ireland who has an anonymous entry—

(a) paragraph (1) does not apply, and

(b) the person may only sign the petition by post (where entitled as a proxy to sign the petition by post).

(3) Where a person is entitled to sign the petition by post as proxy for the appointer, that appointer may not apply for a signing sheet for the purpose of signing the petition in person.

(4) For the purposes of this Part, a person entitled to sign the petition as proxy is entitled to sign the petition by post if that person is included—

(a) in the proxy postal signers list;

(b) in the record (record of proxy postal voting) kept under paragraph 7(6) of Schedule 4; or

(5) Where a person applies to the registration officer to sign the petition by post as proxy, the registration officer must grant the application if the conditions set out in paragraph (6) are satisfied.

(6) Those conditions are—

(a) that the registration officer is satisfied that the appointer is or will be entitled to sign the petition by virtue of section 10 of the Act;

(b) that there is in force an appointment of the applicant as the appointer’s proxy to sign the petition on behalf of the appointer;

(c) the officer is satisfied that the proxy has not signed the petition at the petition signing place allotted to the appointer under regulation 16; and

(d) that the application contains the applicant’s signature and date of birth and meets the requirements of Chapter 2 of this Part.

(6A) Any grant of an application under paragraph (5) to sign by post as proxy at recall petitions in England, Wales or Scotland is to be for—

(a) the period ending with the third 31st January following the date on which the application is granted, or

(b) any shorter period specified in the application.

(7) The registration officer must keep a record of those whose applications under paragraph (5) have been granted showing—

(a) the period for which the applicant may sign recall petitions by post as proxy; and

(b) the addresses provided by them in their applications as the addresses to which their signing sheets are to be sent.

(8) Where, in the case of a particular petition, a person included in the record kept under paragraph (7) applies to the registration officer for their signing sheet to be sent to a different address to the one shown in the record, the registration officer must grant the application if it meets the requirements of Chapter 2 of this Part.

(9) The registration officer must, in respect of each petition, keep a special list (“the proxy postal signers list”) of those who are for the time being included in the record kept under paragraph (7), together with the addresses provided by them in their application under paragraph (5) or paragraph (8) (as the case may be) as the addresses to which their signing sheets are to be sent.

(10) In the case of a person who has an anonymous entry in the register, the proxy postal signers list must contain only—

(a) the person’s electoral number; and

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

(11) The registration officer must remove a person from the record kept under paragraph (7)—

(a) if that person applies to the registration officer to be removed;

(b) if the appointer ceases to be entitled to sign the petition as mentioned in paragraph (6)(a);

(c) if the appointment of the person concerned as the appointer’s proxy ceases to be in force (whether or not that person is re-appointed); or

(d) in the case of a person who applied to sign the petition by post as proxy for a particular period, once that period has expired, unless paragraph (16) applies.

(12) The registration officer must on the completion of the proxy postal signers list, supply to the petition officer so much of that list as relates to the constituency to which the petition relates.

(13) Paragraph (3) does not prevent a person, at the petition signing place to which the person is allotted, signing a tendered signing sheet in the circumstances prescribed in regulation 30 (tendered signing sheets) if the person would otherwise be able to do so.

(14) The registration officer may dispense with the requirement under paragraph (6)(d) 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;

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

(15) For petitions held in Northern Ireland, the following modifications are made to this regulation—

(a) in paragraph (6), a person applying to sign the petition by post as proxy must provide an address in the United Kingdom as an address to which their signing sheet is to be sent;

(b) paragraphs (7)(a), (12) and (14) do not apply.

(16) For the purposes of paragraph (11)(d), and without prejudice to paragraph (11)(a) to (c), where a person has been granted an application under paragraph (5) to sign the petition by post as proxy for a definite period, and that period expires during the signing period for a particular petition, that definite period is deemed to continue until the end of the signing period for the purposes of enabling the proxy to sign the petition by post.

The personal identifiers record: England and Wales and Scotland

59

(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 this Part, of the signatures and dates of birth provided by persons whose applications under regulation 51 (absent signing at any petition for a definite or an indefinite period), regulation 53 (absent signing at a particular petition) or regulation 58 (signing the petition as a proxy) were granted, until the expiry of twelve months from—

(a) the date on which a person is removed from the record kept pursuant to regulation 51(4) or 58(7); or

(b) the date of the last day of the signing period of the petition for which the person’s application for absent signing of the petition was granted under regulation 53(1) or (2).

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

(a) their name;

(b) their date of birth; and

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

(a) any person attending proceedings on receipt of postal signing sheets, who is entitled to do so by virtue of any of sections 6A to 6D of PPERA 2000 (attendance of the Electoral Commission etc), but only to the extent required to permit them to observe proceedings;

(b) 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;

(c) any person exercising functions in relation to the preparation or conduct of legal proceedings in relation to a petition.

CHAPTER 2 — Applications for Absent Signing

General requirements for applications for absent signing

60

(1) An application under Chapter 1 of this Part 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 subparagraph (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 registers of electors;

(c) in the case of an application under regulation 58(5) (signing the petition by post as a proxy), 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 subparagraph (b);

(d) in the case of a person applying to sign the petition by post, the address to which the signing sheet should be sent;

(e) in the case of an application to sign the petition by proxy, the grounds on which the applicant claims to be eligible to sign the petition by proxy;

(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 regulation 51, regulation 53 or regulation 58 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) 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 regulation 53 (absent signing at a particular petition: England and Wales and Scotland) or regulation 54 (absent signing at a particular petition: Northern Ireland) must—

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

(b) identify the petition in question.

(6) An application to sign the petition by proxy must also include an application for the appointment of a proxy which meets the requirements of regulation 57 (proxies at petitions) and (where applicable) regulation 63 (additional requirement for applications for the appointment of a proxy) and regulation 63A (additional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland).

(6A) Where, by virtue of arrangements made by the Secretary of State, an application under Chapter 1 of this Part for absent signing at a particular petition in England, Wales or Scotland 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.

(6B) In sub-paragraph (6A)(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).

(6C) Where an applicant is unable to provide a national insurance number in accordance with paragraph (1)(aa), the applicant may provide as part of the application a copy of any of the documents listed in regulation 72B(2) to (4).

(6D) The Secretary of State must send to the appropriate registration officer—

(a) subject to paragraph (6E), 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.

(6E) Where an application made through the digital service in accordance with paragraph (6A) 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.

(7) For petitions in Northern Ireland, the following modifications are made to this regulation—

(a) an application under paragraph (1) must also contain—

(i) the signature of the applicant; and

(ii) an address in the United Kingdom to which the applicant’s signing sheet is to be sent, and

(b) paragraphs (1)(aa) and (f) and (3) do not apply.

Additional requirements for applications for signing sheets to be sent to different address from that stated in application

61

(1) Subject to paragraph (3) this regulation applies where—

(a) in the case of an application to sign the petition by post under regulation 51(1), 52(1), 53(1) or 54(1), the addresses stated in accordance with regulation 60(1)(b) and (d) are different;

(b) in the case of an application by a proxy to sign by post under regulation 58(5), the proxy’s addresses stated in accordance with regulation 60(1)(c) and (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 postal signing sheet to be sent to the address stated in accordance with regulation 60(1)(d).

(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for signing sheets to be sent to different addresses from that shown in the record kept by the registration officer

62

(1) Subject to paragraph (3), this regulation applies in respect of applications under—

(a) regulation 53(4)(a) by a person shown as signing the petition by post in the record kept under regulation 51(4), or shown as voting by post in the record kept under paragraph 3(4) or 7(6) of Schedule 4;

(b) regulation 54(4)(a) by a person shown as signing the petition by post in the record kept under regulation 52(5), or shown as voting by post in the record kept under section 6(3) or section 9(6) of the 1985 Act;

(2) For the applicant’s postal signing sheet to be sent to a different address from that shown in the records the application must set out why the applicant’s circumstances will be, or are likely to be, such that the applicant requires the postal signing sheet to be sent to that address.

(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for the appointment of a proxy

63

(1) An application for the appointment of a proxy under regulation 51, 52, 53 or 54 must state the full name and address of the person the applicant wishes to appoint as proxy, ... and—

(a) if it is signed only by the applicant, must contain a statement by the applicant that the person so named has been consulted and that that person is capable of being and willing to be appointed to sign the petition as proxy; or

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

(1A) An application for the appointment of a proxy under regulation 52 or 54 must also include the date of birth of the person that the applicant wishes to appoint as proxy.

(2) Where the application mentioned in paragraph (1) is made by an elector with an anonymous entry in the register of electors maintained by the Chief Electoral Officer for Northern Ireland, the application must also be accompanied by an application, by the person to be appointed as proxy, under regulation 58(5) (application to sign the petition by post as proxy).

Additional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland

64

(1) An application to sign the petition by proxy for a particular or indefinite period under regulation 51(2) in pursuance of the grounds under paragraph (3)(c) of that regulation must specify the disability by reason of which it is made.

(2) Subject to paragraph (3), such an application must be attested and signed by—

(a) a registered medical practitioner[^f00020];

(b) a registered nurse[^f00021];

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989[^f00023];

(e) a registered pharmacist within the meaning of article 3(1) of the Pharmacy Order 2010[^f00024];

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993[^f00025];

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994[^f00026];

(h) a Christian Science practitioner;

(i) a person registered as a member of a profession to which the Health Professions Order 2001 extends;

(j) the person registered—

(i) in England and Wales, as carrying on a care home registered under Part 2 of the Care Standards Act 2000[^f00028], or

(ii) in Scotland, as managing a care home service registered under Part 5 of the Public Services Reform (Scotland) Act 2010[^f00029],

where the applicant is resident in such a home;

(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 resides in such premises;

(l) a manager—

(i) in England and Wales, within the meaning of section 145(1) of the Mental Health Act 1983[^f00030], or

(ii) in Scotland, within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003[^f00031] responsible for the administration of a hospital within the meaning of that section,

or a person authorised to act on behalf of such a manager for these purposes;

(m) a person registered in the register of social workers maintained—

(i) in England, under section 39(1) of the Children and Social Work Act 2017;

(ii) in Wales, in accordance with section 56 of the Care Standards Act 2000, or

(iii) in Scotland, in accordance with section 44 of the Regulation of Care (Scotland) Act 2001[^f00032].

(3) A person who qualifies—

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

(i) the 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

(b) by virtue of paragraph (2)(m) may not attest an application for these purposes unless—

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

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

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

(4) The person attesting the application must state—

(a) their name and address and the qualification by virtue of which they attest the application;

(b) where the person (A) who attests the application is a person referred to in 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) B is treating the applicant for the disability specified in the application;

(ii) the applicant is receiving care from B in respect of that disability; or

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

(d) that, to the best of their 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 their allotted petition signing place or to sign unaided there by reason of that disability; and

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

(5) Paragraphs (2) to (4) do not apply where—

(a) the application is based on the applicant’s blindness and—

(i) in England, the applicant is registered by the local authority which is specified in the application as a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)[^f00033];

(ii) in Wales, the applicant is registered as a blind person by the local authority which is specified in the application and which has made arrangements for the applicant under section 29(1) of the National Assistance Act 1948[^f00034];

(iii) in Scotland, the applicant is registered as a blind person by the local authority which is specified in the application; or

(b) the applicant is in receipt of—

(i) 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)[^f00035],

(ii) the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012)[^f00036], ...

(iii) the armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011[^f00037], ...

(iv) the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the 2018 Act), ...

(v) the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the 2018 Act), or

(vi) the higher rate of the mobility component of a Scottish adult disability living allowance (payable in accordance with regulations made under section 31 of the 2018 Act),

because of the disability specified in the application.

(6) The fact that an applicant is registered with a local authority as a person who is severely sight-impaired or as a blind person, as mentioned in paragraph (5)(a), is to be deemed sufficient evidence that the applicant is eligible to sign the petition by proxy on the grounds set out in regulation 51(3)(c).

(7) A manager (or person authorised to act on behalf of such a manager) attesting an application by virtue of paragraph (2)(l) must, instead of the matters specified in paragraph (4)(a), state in the attestation—

(a) the name of the person attesting the application;

(b) that the person is authorised to attest the application;

(c) the position of the person in the hospital at which the applicant is liable to be detained, or at which the applicant is receiving treatment;

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

Additional requirements for applications for a proxy signature for a definite or an indefinite period on grounds of blindness or other disability: England and Wales and Scotland

65

(1) An application to sign the petition by proxy for an indefinite period under regulation 52(1) in pursuance of the grounds under paragraph (4)(c) of that regulation must specify the disability by reason of which it is made.

(2) Such an application must be attested and signed by a person who is registered in the register of parliamentary electors and who is—

(a) a registered medical practitioner;

(b) a registered nurse;

(c) a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Services Act (Northern Ireland) 2001[^f00038];

(d) a Christian Science practitioner;

(e) the person registered under the Registered Homes (Northern Ireland) Order 1992[^f00039] as carrying on a residential care home within the meaning of article 3 of that Order or a nursing home within the meaning of article 16 of that Order, where the applicant states that he or she is resident in such a home;

(f) the person in charge of residential accommodation provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00040], where the applicant states that he or she is resident in such accommodation; or

(g) the manager or other person in charge of premises forming one of a group of premises provided for persons of pensionable age or persons with a disability for which there is a resident manager or other person in charge, where the applicant states that he resides in such premises.

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

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

(b) that A is registered in the register of parliamentary electors;

(c) 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 their allotted signing place or to sign the petition unaided there by reason of that disability; and

(d) 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.

(4) Paragraphs (2) and (3) do not apply where—

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by a Health and Social Care Trust which is specified in the application; or

(b) the application states that the applicant is in receipt of—

(i) the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00041]),

(ii) the highest rate of the care component or the higher rate of the mobility component (or both) of the disability living allowance (payable under section 72 and section 73 of that Act), ...

(iii) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, ...

(iv) the higher rate of the mobility component of disability assistance for children and young people (payable in accordance with regulations made under section 31 of the 2018 Act), or

(v) the enhanced rate of the mobility component of disability assistance for working age people (payable in accordance with regulations made under section 31 of the 2018 Act),

because of the disability specified in the application.

(5) The fact that an applicant is registered with a Health and Social Care Trust as a blind person, as mentioned in paragraph (4)(a), is to be deemed sufficient evidence that the applicant is eligible to sign the petition by proxy as set out in regulation 52(4)(c).

Additional requirements for applications for a proxy signature for an indefinite period on grounds of blindness or other disability: Northern Ireland

66

(1) An application to sign the petition by proxy for a particular or an indefinite period under regulation 51(2) in pursuance of the grounds under paragraph (3)(d) of that regulation, or for an indefinite period under regulation 52(1) in pursuance of the grounds under paragraph (4)(d) of that regulation (as the case may be) must state—

(a) whether the occupation, service or employment in respect of which it is made is that of the applicant or the applicant’s spouse or civil partner or, as the case may be, it is the applicant or the applicant’s spouse or civil partner who is attending the course provided by an educational institution by reason of which the application is made;

(b) the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;

(c) where the person in respect of whose occupation, service or employment the application is made (in this regulation referred to as “the employed person”) is self-employed, that fact; and in any other case the name of that person’s employer;

(d) the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to the allotted petition signing place.

(2) Such an application must be attested and signed—

(a) where the person is self-employed, by a person who—

(i) is aged 18 years or over;

(ii) knows the self-employed person; and

(iii) is not related to that person;

(b) by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the principal or head.

(3) The person attesting an application under paragraph (2) must—

(a) where the applicant is the employed person, self-employed person or the person attending the course, certify that the statements required by paragraph (1)(a) to (d) to be included in the application are true; or

(b) where the applicant is the spouse or civil partner of the employed person, self-employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of paragraph (1)(a) to (c) are true.

(4) The person (“A”) attesting an application under paragraph (2) must also state—

(a) A’s name and address, that A is aged 18 years or over, that A knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him or her; and

(b) if A is attesting as or on behalf of the employer of the employed person, that A is the employer or the position A holds in the employment of that employer; or

(c) if A is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post A holds at that institution.

Additional provision concerning the requirement that an application for absent signing must be signed by the applicant: England and Wales and Scotland

67

The registration officer must be satisfied—

(a) that an application under Chapter 1 of this Part meets any requirements that it has been signed by the applicant and states his or her date of birth by referring to any signature and date of birth previously provided by the applicant to the registration officer; and

(b) as to whether the applicant is unable to provide a signature or a consistent signature due to any disability or inability to read and write.

Additional requirements for applications for a proxy signature in respect of a particular petition: England and Wales and Scotland

68

(1) An application under regulation 53(2) to sign a particular petition by proxy must set out why the applicant’s circumstances during the signing period in respect of the petition for which it is made will be, or are likely to be, such that they cannot reasonably be expected to sign in person at their allotted signing place.

(2) Where an application under regulation 53(2) is made—

(a) on the grounds of the applicant’s disability, and

(b) after 5pm on the sixth day before the last day of the signing period for the petition for which it is made,

the requirements of regulation 64 (proxy signature on the grounds of disability) as to the matters to be specified and the attestation are to apply.

(3) Where an application mentioned in paragraph (2) is made, the person who attests the application (“A”) must state, in addition to those matters specified in regulation 64, to the best of A’s knowledge and belief, the date upon which the applicant became disabled.

(4) Where an application under regulation 53(2) is made—

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

(b) after 5pm on the sixth day before the last day of the signing period for the petition for which it is made,

the requirements of regulation 69 (emergency proxy signature) as to the matters to be specified and the attestation are to apply.

(5) Where an application under regulation 53(2) is made by a person to whom section 7(1) of the 1983 Act applies (patients in mental hospitals who are not detained offenders) after 5pm on the sixth day before the last day of the signing period for the petition for which it is made, the requirements of paragraph (6) as to the matters to be specified and as to attestation are to apply.

(6) Where an application mentioned in paragraph (5) 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 the manager, within the meaning of section 145(1) of the Mental Health Act 1983, or section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003, responsible for the administration of the hospital at which the applicant is liable to be detained, or a person authorised to act on behalf of such a manager for these purposes, and the attestation must state—

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

(ii) that the person is authorised to attest the application;

(iii) the position of the person 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 at the hospital (where applicable).

(6A) Where an application under regulation 53(2) is made after 5pm on the sixth day before the last day of the signing period for the petition for which it is made because the circumstances set out in paragraph (4C)(a) of regulation 71 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.

(7) This regulation does not apply where the applicant has an anonymous entry.

Additional requirements: applications for an emergency proxy signature in respect of a particular petition: England and Wales and Scotland

69

(1) This regulation sets out the requirements referred to in regulation 68(4).

(2) The application must (in addition to providing the information required by regulation 68(1)) state—

(a) where the applicant is self-employed, that fact; and in any other case, the name of the applicant’s employer;

(b) that the reason provided in accordance with regulation 68(1) relates to the applicant’s occupation, service or employment; and

(3) Paragraphs (4) to (6) apply unless the applicant is or will be registered as a service voter.

(4) The application must be attested and signed—

(a) where the applicant is self-employed, by a person who—

(i) is aged 18 years or over;

(ii) knows the applicant; and

(iii) is not related to the applicant;

(b) where the applicant is not self-employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer.

(5) The person (“A”) attesting an application under paragraph (4) must certify that the statements required by paragraph (2) and the information required by regulation 68(1) are true to the best of their knowledge and belief.

(6) A must also state A’s name and address and—

(a) where A is attesting that the applicant is self-employed, that A is aged 18 years or over and that A knows, but is not related to, the applicant, or

(b) where A is attesting as, or on behalf of, the employer of the applicant, that A is the employer, or the position that A holds in the employment of that employer.

Additional requirements for applications in respect of a particular petition: Northern Ireland

70

(1) This regulation applies to an application under regulation 54(1) to sign a particular petition by proxy.

(2) The application must set out why the applicant’s circumstances during the signing period for the petition for which it is made will be or are likely to be such that the applicant cannot reasonably be expected to sign the petition in person at the petition signing place allotted or likely to be allotted to the applicant under regulation 16 (allotment of petition signing places).

(3) Except in respect of an application to which paragraph (5) or (7) applies, such an application must be signed and attested by a person who—

(a) is aged 18 years or over;

(b) resides in the United Kingdom;

(d) has not attested under this paragraph any other application in respect of the petition for which the application that person attests is made.

(4) The person (P) attesting an application under paragraph (3) must state—

(a) P’s full name and address,

(b) that P is aged 18 years or over,

(d) that P knows the applicant but is not related to that person, and

(e) that P has not attested under paragraph (3) any other application in respect of the petition for which the application P attests is made,

and must certify that, to the best of P’s knowledge and belief, the statement included in the application in accordance with paragraph (2) is true.

(5) This paragraph applies in respect of an application in which the circumstances set out in accordance with paragraph (2) are that the applicant will be, or is likely to be, ill during the signing period, and which—

(a) specifies the illness which the applicant is likely to suffer from; and

(b) is attested and signed by one of the persons specified in subparagraph (a), (b) or (c) of regulation 65(2) (proxy signature on grounds of disability).

(6) The person (P) attesting an application under paragraph (5) must state—

(a) P’s name and address;

(b) that P is registered in the register of parliamentary electors;

(d) that P has seen the applicant in connection with the circumstances set out in the application in accordance with paragraph (2); and

(e) that, to the best of P’s knowledge and belief the applicant—

(i) is suffering from the illness specified in the application,

(ii) will be or is likely to be so suffering during the whole of the signing period, and

(iii) cannot reasonably be expected to sign the petition in person at the petition signing place allotted or likely to be allotted to the applicant under regulation 16 (allotment of petition signing places) because of that illness.

(7) This paragraph applies in respect of an application—

(a) which is received by the registration officer after 5pm on the eleventh day before the end of the signing period but before 5pm on the sixth day before the end of that period;

(b) in which the circumstances set out in accordance with paragraph (2) relate to the applicant’s employment either as a constable or person employed by the petition officer to attend at a petition signing place during the signing period of the petition for which the application is made;

(d) in the case of a constable, which is signed by a member of the Police Service of Northern Ireland of or above the rank of chief inspector.

Closing date for applications: England and Wales and Scotland

71

(1) An application under regulation 51(1), (6) or (7), or 58(5) must be disregarded for the purposes of a particular petition if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period.

(2) Subject to paragraph (2A), an application under regulation 51(2) or 57(6) must be disregarded for the purposes of a particular petition if it is received by the registration officer after 5pm on the sixth day before the last day of the signing period.

(2A) An application under regulation 57(6) which is made on grounds relating to identification must be disregarded for the purposes of a particular petition if it is received by the registration officer after the relevant time on the last day of the signing period at the petition for which it is made.

(3) Subject to paragraphs (4) or (4A), an application under regulation 53(2) or 57(7) must be refused if it is received by the registration officer after 5pm on the sixth day before the last day of the signing period at the petition for which it is made.

(4) Where an application made under regulation 53(2) is made—

(a) on the grounds of the applicant’s disability and the applicant became disabled after 5 pm on the sixth day before the last day of the signing period at the petition for which it is made;

(b) on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5pm on the sixth day before the last day of the signing period at the petition for which it is made; or

(c) by a person to whom section 7 of the 1983 Act (mental health 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 that person is registered by virtue of that provision or not,

the application, or an application under regulation 57(7) made by virtue of that application, must be refused if it is received after the relevant time on the last day of the signing period ....

(4A) Where an application is made under regulation 53(2) or 57(7) on grounds relating to identification or in the circumstances set out in paragraph (4C), the application must be refused if it is received after the relevant time on the last day of the signing period at the petition for which it is made.

(4B) In paragraphs (2A) and (4A), “grounds relating to identification” has the meaning given in regulation 71A.

(4C) The circumstances are that—

(a) the applicant submitted the application because an earlier application submitted by that applicant under regulation 51(2) or 57(6) is to be disregarded for the purposes of the petition referred to in paragraph (3) because that earlier application was—

(i) submitted prior to the deadline of 5pm on the sixth day before the last day of the signing period for the petition referred to in paragraph (3),

(ii) submitted via the digital service, and

(iii) not received by the registration officer until after the deadline of 5pm on the sixth day before the last day of the signing period for the petition referred to in paragraph (3) due to a technical defect in the digital service, or

(b) the application referred to in paragraph (3) meets the conditions specified in paragraphs (i), (ii) and (iii) of sub-paragraph (a).

(5) An application under regulation 53(1) or 58(8) must be refused if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period at the petition for which it is made.

(6) An application under—

(a) regulation 51(5)(a) by an elector to be removed from the record kept under regulation 51(4), or

(b) regulation 58(11)(a) by a proxy to be removed from the record kept under regulation 58(7),

and a notice under regulation 57(9) by an elector cancelling a proxy’s appointment must be disregarded for the purposes of a particular petition if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period at that petition.

(7) Any application or notice mentioned in this regulation must be disregarded for the purposes of a particular petition if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal signing sheet to the petition officer (except where it has been returned in accordance with regulation 94 or 96 (spoilt and lost postal signing sheets)).

(8) In this regulation, “the relevant time” on the last day of the signing period means—

(a) 5pm, or

(b) if earlier, the beginning of the final hour that the petition is available for signing on that day.

Closing date for applications: Northern Ireland

72

(1) An application under regulation 52(1) or (7), 57(6) or 58(5) must be disregarded for the purposes of a particular petition if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period.

(2) Subject to paragraph (3), an application under regulation 54(1), 57(7) or 58(8) must be refused if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period.

(3) Paragraph (2) is not to apply to an application which satisfies the requirements of regulation 70(7) (person employed as a constable or person attending at signing places); and such an application must be refused if it received by the registration officer after 5pm on the sixth day before the last day of the signing period.

(4) An application under—

(a) regulation 52(6)(a) by an elector to be removed from the record kept under regulation 52(5), or

(b) regulation 58(11)(a) by a proxy to be removed from the record kept under regulation 58(7),

and a notice under regulation 57(9) by an elector cancelling a proxy’s appointment must be disregarded for the purposes of a particular petition if it is received by the petition officer after 5pm on the eleventh day before the last day of the signing period at that petition.

(5) Any application or notice mentioned in this regulation must be disregarded for the purposes of a particular petition if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal signing sheet to the petition officer (except where it has been returned in accordance with regulation 95 or 97 (spoilt and lost postal signing sheets)).

Grant or refusal of applications

73

(1) Where the registration officer grants an application to sign the petition by post, the registration officer must notify the applicant of—

(a) that decision,

(b) where the entitlement to sign by post is for a particular petition, the date on which the signing period for that petition ends, and

(c) where the application relates to the signing of a petition or petitions in England, Wales or Scotland and the entitlement to sign by post is for a particular period, the date on which the entitlement ends.

(2) Where the registration officer grants an application for the appointment of a proxy, that 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 this Part, the officer must notify the applicant of that decision and of the reasons for it.

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

(a) regulation 53(4) by a person shown as signing the petition by post in the record kept under regulation 51(4),

(b) regulation 54(4) by a person shown as signing the petition by post in the record kept under regulation 52(5),

the officer must notify the applicant of this.

(5) Where a person is removed from the record kept pursuant to regulation 51(4), 52(5) or 58(7) the registration officer must where practicable notify that person of this and the reason for it.

(6) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer must, where practicable, notify the elector that the appointment has been cancelled or notify the elector that the appointment has ceased and the reasons for it (as the case may be).

(7) Where under regulation 71 or 72 (closing date for applications) the registration officer disregards an application for the purposes of a particular petition, the officer must, where practicable, notify the applicant of this.

(8) The registration officer must send to the petition officer details of any application to sign the petition by post which has been granted under this Chapter as soon as practicable after it is granted.

(9) Paragraphs (10) to (12) apply where—

(a) regulation 61 applies to an application to sign by post, or would have applied if paragraph (3) of that regulation were ignored, or

(b) regulation 62 applies to such an application, or would have applied if paragraph (3) of that regulation were ignored.

(10) A notification under paragraph (1) or (4) to one of the following types of applicants must also include a statement that a signing sheet will be sent to the signing sheet delivery address—

(a) an applicant registered in pursuance of an overseas elector’s declaration;

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

(c) 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 is a merchant seaman (within the meaning of section 6 of the 1983 Act);

(e) an applicant who has an anonymous entry.

(11) Where sub-paragraphs (a) to (e) of paragraph (10) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with paragraphs (1), (3), (4) or (7), notify the applicant in writing that—

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

(b) where the application has been granted, that a signing sheet will be sent to the signing sheet delivery address.

(12) A notification under paragraph (11) must be delivered to—

(a) where paragraph (9)(b) applies and the notification is to be delivered to—

(i) a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 or section 9(6) of the 1985 Act, or

(ii) a person shown as signing by post in the record kept under regulation 58(7),

the address shown in that record;

(b) otherwise—

(i) the address stated in the application in accordance with regulation 60(1)(b), or

(ii) the proxy’s address stated in the application in accordance with regulation 60(1)(c).

(13) In paragraphs (10) and (11), the “signing sheet delivery address” means—

(a) where paragraph (9)(a) applies, the address stated in the application in accordance with regulation 60(1)(d);

(b) where paragraph (9)(b) applies, the different address described in regulation 62(2).

Appeals: England and Wales

74

(1) An appeal lies to the county court from a decision of the registration officer refusing an application—

(a) to sign a petition by post or proxy under regulation 51(1) or (2) or 53(1) or (2);

(b) to sign a petition by post as proxy under regulation 58(5);

(d) for a signing sheet to be sent to a different address under regulation 53(4)(a) or 58(8);

(e) to appoint a proxy under regulation 57(6) and (7).

(2) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this regulation.

(3) An appeal to the county court or Court of Appeal by virtue of this regulation which is pending when notice of a petition is given under regulation 14 (notice of petition) does not prejudice the operation as respects the petition of the decision appealed against, and anything done in pursuance of the decision—

(a) is as good as if no such appeal had been brought; and

(b) is not affected by the decision of the appeal.

(4) The registration officer must make the necessary entries in the record kept under regulation 51(4) and 58(7) as may be required to give effect to that decision.

(5) On any appeal, the registration officer is deemed to be a party to the proceedings and the registration expenses payable to that officer include any expenses properly incurred by virtue of this regulation.

Appeals: Scotland

75

(1) An appeal lies to the sheriff from a decision of the registration officer refusing an application—

(a) to sign a petition by post or proxy under regulation 51(1) or (2) or 53(1) or (2);

(b) to sign a petition by post as proxy under regulation 58(5);

(d) for a signing sheet to be sent to a different address under regulation 53(4)(a) or 58(8);

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