Legalize / United Kingdom / Statutory-Instrument

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

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(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

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(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

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(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

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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

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(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

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(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

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(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

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

PART 4 — ABSENT SIGNERS

CHAPTER 1 — Entitlement to Absent Signing

Interpretation

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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

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(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 day¹⁸, 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.

(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

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(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

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(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

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(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

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(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 practitioner¹⁹;

(b) a registered nurse²⁰;

(d) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989²²;

(e) a registered pharmacist within the meaning of article 3(1) of the Pharmacy Order 2010²³;

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993²⁴;

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994²⁵;

(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 2000²⁶, or

(ii) in Scotland, as managing a care home service registered under Part 5 of the Public Services Reform (Scotland) Act 2010²⁷,

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 1983²⁸, or

(ii) in Scotland, within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003²⁹ 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 2001³⁰.

(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;

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