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

(2) An appeal lies on any point of law from any decision of the sheriff under this regulation to the court of three judges constituted under paragraph (3).

(3) The court for hearing appeals under paragraph (2) is to consist of three judges of the Court of Session who are to be appointed by the Court of Session by act of sederunt and of whom one judge is to be appointed from each division of the Inner House and one from the Lords Ordinary in the Outer House; and the Principal Clerk of Session is to be clerk of the court.

(4) The Court of Session may by act of sederunt fill any vacancy in the court of three judges, and regulate its sittings and forms of process so as to carry out the provisions of these Regulations; and acts of sederunt under this regulation may be made, and the court of three judges may sit, either during the sitting of the Court of Session or in vacation or recess.

(5) No appeal lies from a decision of the Court of Session on appeal from a decision of the sheriff under this regulation.

(6) An appeal to the sheriff or Court of Session 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.

(7) 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.

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

Appeals: Northern Ireland

76

(1) An appeal lies to the county court from any decision under these Regulations of the Chief Electoral Officer for Northern Ireland refusing a person’s application—

(a) to sign a petition by post or proxy under regulation 52(1) or 54(1);

(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 54(4)(a) or 58(8);

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

(2) 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.

(3) The Chief Electoral Officer for Northern Ireland must make the necessary entries in the record kept under regulation 52(5) and 58(7) as may be required to give effect to that decision.

(4) On any appeal, the Chief Electoral Officer is deemed to be a party to the proceedings and the registration expenses payable to him or her include any expenses properly incurred by virtue of this regulation.

(5) Section 21(1) of the Interpretation Act (Northern Ireland) 1954 (rules regulating procedure of courts etc) applies as if the jurisdiction conferred by subsection (1) were conferred by any enactment within the meaning of that Act.

Notice of appeal

77

(1) A person desiring to appeal under regulation 74, 75 or 76 against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 73 (grant or refusal of applications), specifying the grounds of appeal.

(2) The registration officer must forward any such notice to the appropriate court in the manner directed by rules of court together in each case with a statement of the material facts which in that officer’s opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

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

(4) In the application of this regulation to Scotland, a reference to the court is to be read as a reference to the sheriff.

Cancellation of proxy appointment

78

Where the appointment of a proxy is cancelled by notice given to the registration officer under regulation 57(9) or ceases to be in force under regulation 57(10), the petition officer must—

(a) notify the person whose appointment as proxy has been cancelled, expired or is no longer in force, unless the registration officer has previously been notified by that person that they no longer wish to act as proxy; and

(b) remove that person’s name from the record kept under regulation 51(4) or regulation 52(5) (as the case may be).

Inquiries by registration officer

79

(1) The registration officer may, at such times as he or she considers appropriate, make inquiries of a person who is shown as signing the petition by proxy in the record kept under—

(a) regulation 51(4) in pursuance of an application granted on the grounds set out in regulation 51(3)(c) or (d), or

(b) regulation 52(5) in pursuance of an application granted on the grounds set out in regulation 52(4)(c) or (d),

for the purpose of determining whether there has been a material change of circumstances.

(2) Where the grant of an application to sign the petition by proxy—

(a) for an indefinite or particular period, was based on the grounds referred to in regulation 51(3)(d); or

(b) for an indefinite period, was based on the grounds referred to in regulation 52(4)(d),

the registration officer must make the inquiries referred to not later than three years after the granting of the application or of the last such inquiries.

(3) The petition officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Records and lists kept under this Part

80

(1) The registration officer must, on request, supply free of charge a copy of the lists kept under regulation 55 and regulation 56 (absent signers lists) and regulation 58(9) (proxy postal signers list) to—

(a) a registered political party, other than a minority party, within the meaning of section 160(1) of PPERA 2000 (general interpretation);

(b) the MP to whom a petition relates;

(d) the Security Service, Government Communications Headquarters and the Secret Intelligence Service;

(e) any police force in Great Britain, the Police Service of Northern Ireland, the Police Service of Northern Ireland (Reserve), the National Crime Agency, and any body of constables established under an Act of Parliament; and

(f) an accredited campaigner within the meaning of Part 5 of Schedule 3 to the Act.

(2) The registration officer must make available for inspection at his or her office a copy of the records kept under regulations 51(4), 52(5) and 58(7).

(3) As soon as practicable after 5pm on the cut-off day the registration officer must—

(a) publish the lists kept under regulations 55, 56 and 58(9) by making a copy of them available for inspection at his or her office; and

(b) send to the petition officer a copy of those lists.

(4) The registration officer must ensure that where he or she supplies or discloses information in accordance with this regulation, he or she does not supply or disclose any record relating to—

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

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

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

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

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

(6) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

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

(b) record any particulars in it,

otherwise than by means of hand-written notes.

(7) No person who has obtained access to a copy of a list referred to under paragraph (1), or information contained in such lists, may—

(a) supply a copy of that list,

(b) disclose any information contained in those lists (that is not disclosed in the edited register), or

other than for a permitted purpose specified in paragraph (8).

(8) The permitted purposes are—

(a) where a copy of any information was supplied to a person or body referred to in paragraph (1)(d) or (e)—

(i) the prevention and detection of crime and the enforcement of the criminal law (whether in the United Kingdom or elsewhere), or

(ii) the vetting of a relevant person (within the meaning of regulation 109(5) of the 2001 Regulations and regulation 108(5) of the 2001 (Scotland) Regulations) for the purposes of safeguarding national security;

(b) where a copy of any information was supplied to the Electoral Commission, in connection with their functions under, or by virtue of, PPERA 2000;

Marked register for petition signing place

81

To indicate that an elector or that person’s proxy is entitled to sign the petition by post and is for that reason not entitled to sign the petition in person, the letter “A” must be placed against the entry of the elector in any copy of the register, or part of it, provided at a petition signing place.

PART 5 — ISSUE AND RECEIPT OF POSTAL SIGNING SHEETS

CHAPTER 1 — General

Interpretation of Part 5

82

For the purposes of this Part—

“covering envelope” and “signing sheet envelope” have the meaning given by regulation 91 (envelopes);

“postal signer” means an elector or proxy who is entitled to sign the petition by post;

“postal signers’ ballot box” and “postal ballot box” have the meaning given by regulation 101 (postal ballot boxes and receptacles);

“postal signing pack” means for England and Wales and Scotland, the documents referred to in regulation 85(1)(a); and for Northern Ireland, the documents referred to in regulation 85(1)(b) (postal signing packs);

“receptacle for signing sheet envelopes” and other references to specified receptacles, means the receptacles referred to in regulation 101 (postal ballot boxes and receptacles);

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

“valid declaration of identity” means a declaration of identity which satisfies the conditions in regulation 105 (procedure in relation to declaration of identity);

“valid postal petition statement” means a postal petition statement which, in accordance with regulation 107 (procedure in relation to postal petition statements), the petition officer is satisfied has been duly completed.

Form of postal petition statement: England and Wales and Scotland

83

The form of the postal petition statement to be used in England and Wales and Scotland for the purposes of a petition must be in the form of Form K in Schedule 2.

Form of declaration of identity: Northern Ireland

84

The form of the declaration of identity to be used in Northern Ireland for the purposes of a petition must be in the form of Form M in Schedule 2.

Postal signing packs

85

(1) The petition officer must issue to a person entitled to sign a petition by post—

(a) for a petition in England and Wales or Scotland—

(i) a postal signing sheet,

(ii) a postal petition statement, and

(iii) envelopes for their return which comply with regulation 91 (envelopes);

(b) for a petition in Northern Ireland—

(i) a postal signing sheet,

(ii) a declaration of identity, and

(iii) envelopes for their return which comply with regulation 91 (envelopes).

(2) The petition officer must also issue to such persons such information as the officer thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to, or guidance for, signers sent with a postal signing sheet;

(b) a translation into Braille of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(3) The petition officer must ensure that the return of the postal signing sheet and postal petition statement or declaration of identity (as the case may be) is free of charge to the postal signer.

Time when postal signing packs are to be issued

86

A petition officer must issue the postal signing packs as soon as reasonably practicable and, in any event—

(a) between one and three working days before the designated day[^f00042];

(b) on the tenth and twentieth working day after the designated day; and

CHAPTER 2 — Issue of Postal Signing Sheets

Procedure on issue of postal signing sheets

87

(1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the signing sheet issued to that elector.

(2) A mark must be placed in the postal signers list or the proxy postal signers list against the number of the elector to denote that a signing sheet has been issued to the elector or the elector’s proxy, but without showing the particular signing sheet issued.

(3) The number on a postal signing sheet and the name of the postal signer (unless the signer is an anonymous elector) must be marked on the postal petition statement or, in the case of Northern Ireland, on the declaration of identity, sent with that signing sheet.

(4) Subject to paragraph (5), the address to which the postal signing pack must be sent is—

(a) in the case of an elector, the address shown in the postal signers list;

(b) in the case of a proxy, the address shown in the proxy postal signers list.

(5) Where a person has an anonymous entry in the register, the postal signing pack must be sent to the address—

(a) as shown in the record kept under regulation 51(4), 52(5) or 58(7); or

(b) as given in pursuance of an application made under regulation 53(1) or (2) or 54(1).

Refusal to issue postal signing sheet

88

Where the petition officer is satisfied that two or more entries in the postal signers list, list of proxies, or the proxy postal signers list, or an entry in two or more of those lists, relates to the same elector, the officer must not issue more than one postal signing sheet in respect of that elector at any one petition.

Persons entitled to be present at proceedings on issue of postal petition signing sheets

89

No person may be present at the proceedings on the issue of postal signing sheets other than—

(a) the petition officer;

(b) any assistants of the petition officer;

(d) any representative of the Electoral Commission.

Notification of requirement of secrecy

90

The petition officer must make such arrangements as the officer considers appropriate to ensure that every person attending the proceedings in connection with the issue or receipt of postal signing sheets has been given a copy in writing of the provisions of regulation 123(5) and (6) (requirement of secrecy).

Envelopes

91

(1) This regulation prescribes the envelopes which must be issued with the postal signing packs under regulation 85 (postal signing packs).

(2) There must be issued an envelope (“covering envelope”) marked with the letter “B” for the return—

(a) in England and Wales and Scotland, of the postal signing sheet and postal petition statement;

(b) in Northern Ireland, of the postal signing sheet and the declaration of identity.

(3) There must also be issued a smaller envelope (“signing sheet envelope”) which is to be marked with—

(a) the letter “A”;

(b) the words “postal signing sheet envelope”; and

(c) unless the envelope has a window through which the number on the postal signing sheet can be displayed, the number of that sheet.

Sealing up of corresponding number lists and security of special lists

92

(1) As soon as practicable after the issue of each batch of postal signing sheets, the petition officer must make up into a packet the completed corresponding number lists of those signing sheets which have been issued and must seal the packet.

(2) Until the time referred to in regulation 104 (opening of covering envelopes) the petition officer must take proper precautions for the security of the marked copy of the special lists.

Delivery of postal signing sheets

93

(1) For the purposes of delivering postal signing packs, the petition officer may use—

(a) a universal postal service provider; or

(b) a commercial delivery firm.

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal signers must be counted and delivered by the petition officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage must be prepaid on envelopes addressed to the postal signers.

(4) Return postage must be prepaid on all covering envelopes where the address provided by the postal signer for the receipt of the signing sheet is within the United Kingdom.

Spoilt postal signing sheets: England and Wales and Scotland

94

(1) Where a postal signer has inadvertently dealt with their postal signing sheet or postal petition statement in such a manner that it cannot be conveniently used as such (“spoilt signing sheet” or “spoilt postal petition statement”) (as the case may be) that person may return (either by hand or by post) to the petition officer the spoilt signing sheet or spoilt postal petition statement (as the case may be).

(2) Where a person exercises the entitlement conferred by paragraph (1), they must also return—

(a) the postal signing sheet or postal petition statement (as the case may be), whether spoilt or not; and

(b) the envelopes supplied for the return of those documents.

(3) Subject to paragraph (4), on receipt of a document referred to in paragraph (1) (and, where applicable, paragraph (2)), the petition officer must issue another postal signing sheet, except where those documents are received on the last day of the signing period less than five hours before the end of the period for which the petition is available for signing on that day.

(4) Where the petition officer receives the documents referred to in paragraph (1) (and, where applicable paragraph (2)), after 5pm on the day before the last day of the signing period, the petition officer may issue another postal signing sheet only if the documents were returned by hand.

(5) The following provisions apply to the issue of a replacement postal signing sheet under paragraphs (3) and (4)—

(a) regulation 87 (except paragraph (2)) (procedure on issue of postal signing sheets);

(b) regulations 91 (envelopes) and 92 (sealing up of corresponding number lists and security of special lists);

(6) Any postal signing sheet or postal petition statement, whether spoilt or not, returned in accordance with paragraph (1) or (2) must be cancelled immediately.

(7) The petition officer, as soon as practicable after cancelling those documents, must make them up into a separate packet and must seal the packet; and if on any subsequent occasion further such documents are cancelled, the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(8) Where a person referred to in paragraph (1) applies in person—

(a) before 5pm on the day before the last day of the signing period, the petition officer may hand a replacement postal signing sheet and postal petition statement to that person,

(b) after 5pm on that day, the petition officer may only hand a replacement postal signing sheet and postal petition statement to that person,

instead of delivering it in accordance regulation 93.

(9) The petition officer must enter in a list (“the list of spoilt postal signing sheets”)—

(a) the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry);

(b) the number of the postal signing sheet issued under this regulation; and

(c) where the postal signer whose signing sheet is spoilt is a proxy, their name and address (or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or a statement that the proxy is not registered in the register of parliamentary electors (as the case may be)).

Spoilt postal signing sheets: Northern Ireland

95

(1) Where a postal signer has inadvertently dealt with their postal signing sheet or declaration of identity in such a manner that it cannot be conveniently used as such (“spoilt postal signing sheet” or “spoilt declaration of identity”) (as the case may be), that person may return (either by hand or by post) to the petition officer the spoilt signing sheet or spoilt declaration of identity (as the case may be).

(2) Where a person exercises the entitlement conferred by paragraph (1), they must also return—

(a) the postal signing sheet or declaration of identity (as the case maybe), whether spoilt or not; and

(b) the envelopes supplied for the return of those documents.

(3) On receipt of a document referred to in paragraph (1) (and, where applicable, paragraph (2)), the petition officer must issue another postal signing sheet, except where those documents are received after 5pm on the day before the last day of the signing period.

(4) The following provisions apply to the issue of a replacement postal signing sheet under paragraph (3)—

(a) regulation 87 (except paragraph (2)) (procedure on issue of postal signing sheets);

(b) regulations 91 (envelopes) and 92 (sealing up of corresponding number lists and security of special lists);

(5) Any postal signing sheet or declaration of identity, whether spoilt or not, returned in accordance with paragraph (1) or (2) must be cancelled immediately.

(6) The petition officer, as soon as practicable after cancelling those documents, must make them up into a separate packet and must seal the packet; and if on any subsequent occasion further such documents are cancelled, the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(7) Where a postal signer applies in person, the petition officer may hand a replacement postal signing sheet to that person instead of delivering it in accordance with regulation 93.

(8) The petition officer must enter in a list kept for the purpose of recording spoilt postal signing sheets (“the list of spoilt postal signing sheets”)—

(a) the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry);

(b) the number of the postal signing sheet issued under this regulation; and

(c) where the postal signer whose signing sheet is spoilt is a proxy, their name and address (or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or a statement that the proxy is not registered in the register of parliamentary electors (as the case may be)).

Lost postal signing sheets: England and Wales and Scotland

96

(1) Where a postal signer claims either to have lost or not to have received—

(a) the postal signing sheet,

(b) the postal petition statement, or

by the fourth day before the last day of the signing period, the postal signer may apply (whether or not in person) to the petition officer for a replacement signing sheet.

(2) Such an application must include evidence of the postal signer’s identity.

(3) Where a postal signer exercises the entitlement conferred by paragraph (1), they must return the documents (if any) referred to in paragraph (1)(a) to (c) which the postal signer has received and which have not been lost.

(4) Any postal signing sheet or postal petition statement returned in accordance with paragraph (3) must be cancelled immediately and the petition officer must take any administrative steps which that officer considers appropriate for the purpose of preventing an elector signing the petition more than once.

(5) The petition officer, as soon as practicable after cancelling those documents, must make them up in a separate packet and must seal the packet; and if on any subsequent occasion further such documents are cancelled, the sealed packet must be opened and the additional cancelled documents included in it and the packet must be again made up and sealed.

(6) Subject to paragraph (7), the petition officer must issue another postal signing sheet where the application is received by the petition officer at least five hours before the end of the signing period and the petition officer—

(a) is satisfied as to the postal signer’s identity; and

(b) has no reason to doubt that the postal signer has either lost or has not received the original postal signing statement or postal petition statement or one or more of the envelopes provided for their return.

(7) Where the application is received by the petition officer after 5pm on the day before the last day of the signing period, the officer may only issue another postal signing sheet if the postal signer applies in person.

(8) The petition officer must enter in a list kept for the purpose of recording lost postal signing sheets (“the list of lost postal signing sheets”)—

(a) the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry);

(b) the number of any postal signing sheet issued under this regulation; and

(c) where the postal signer whose signing sheet is lost is a proxy, their name and address (or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or a statement that the proxy is not registered as in the register of parliamentary electors (as the case may be)).

(9) The following provisions apply to the issue of a replacement postal signing sheet under paragraph (6)—

(a) regulation 87 (except paragraph (2)) (procedure on issue of postal signing sheets);

(b) regulations 91 (envelopes) and regulation 92 (sealing up of corresponding number lists and security of special lists); and

(10) Where a postal signer applies in person—

(a) by 5pm on the day before the last day of the signing period, the petition officer may hand a replacement postal signing sheet to the postal signer, or

(b) after 5pm on the day before the last day of the signing period, the petition officer may only hand a replacement postal signing sheet to the postal signer,

instead of delivering it in accordance with regulation 93.

Lost postal signing sheets: Northern Ireland

97

(1) Where a postal signer claims either to have lost or not to have received—

(a) the postal signing sheet,

(b) the declaration of identity, or

by the fourth day before the last day of the signing period, the postal signer may apply (whether or not in person) to the petition officer for a replacement signing sheet.

(2) Such an application must include evidence of the postal signer’s identity.

(3) Where a postal signer exercises the entitlement conferred by paragraph (1), they must return the documents (if any) referred to in paragraph (1)(a) to (c) which the postal signer has received and which have not been lost.

(4) Any postal signing sheet or declaration of identity returned in accordance with paragraph (3) must be cancelled immediately and the petition officer must take any administrative steps which that officer considers appropriate for the purpose of preventing an elector signing the petition more than once.

(5) The petition officer, as soon as practicable after cancelling those documents, must make them up in a separate packet and must seal the packet; and if on any subsequent occasion further such documents are cancelled, the sealed packet must be opened and the additional cancelled documents included in it and the packet must be again made up and sealed.

(6) The petition officer must issue another postal signing sheet where the application is received by the petition officer before 5pm on the day before the last day of signing period and the petition officer—

(a) is satisfied as to the postal signer’s identity; and

(b) has no reason to doubt that the postal signer has either lost or has not received the original postal signing sheet or declaration of identity or one or more envelopes for their return.

(7) The petition officer must enter in a list kept for the purpose of recording lost postal signing sheets (“the list of lost postal signing sheets”)—

(a) the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry);

(b) the number of any postal signing sheet issued under this regulation; and

(c) where the postal signer whose signing sheet is lost is a proxy, their name and address (or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or a statement that the proxy is not registered in the register of parliamentary electors).

(8) The following provisions apply to the issue of a replacement postal signing sheet under paragraph (6)—

(a) regulation 87 (except paragraph (2)) (procedure on issue of postal signing sheets);

(b) regulations 91 (envelopes) and 92 (sealing up of corresponding number lists and security of special lists);

(9) Where a postal signer applies in person, the petition officer may hand a replacement postal signing sheet to that person instead of delivering it in accordance with regulation 93.

Cancellation of postal signing sheets

98

(1) Where, on or after the designated day, a registration officer grants a relevant application or receives a relevant notice and the application or notice is not to be disregarded for the purposes of the petition under regulation 71 or 72 (closing date for applications), that officer must immediately notify the petition officer who must—

(a) cancel any postal signing sheet issued to the elector or proxy;

(b) in the case of an application under regulation 53(4)(a), 54(4)(a) or 58(8) (postal signing sheet to be sent to different address), issue a replacement postal signing sheet; and

(c) take any administrative steps which the petition officer considers appropriate for the purpose of preventing an elector signing the petition more than once.

(2) Where a person returns a postal signing sheet that has been or is to be cancelled in accordance with paragraph (1), it must be dealt with as follows—

(a) any postal signing sheet, postal signing statement or declaration of identity (as the case may be), or covering envelope returned to the registration officer must be given to the petition officer;

(b) any document returned in accordance with this paragraph but not already cancelled in accordance with paragraph (1) must be immediately cancelled;

(c) the petition officer, as soon as practicable after receiving and cancelling the documents referred to in subparagraphs (a) and (b), must make them up in a separate packet and must seal the packet, and if on any subsequent occasion further such documents are returned in accordance with this paragraph, the sealed packet must be opened, the additional cancelled documents included in it and the packet must be again made up and sealed.

(3) The petition officer must enter in a list kept for the purpose of recording postal signing sheets cancelled under this regulation (“the list of cancelled postal signing sheets”)—

(a) the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry);

(b) the number of any cancelled postal signing sheet;

(d) where the postal signer is a proxy, their name and address (or, in the case of a proxy who has an anonymous entry or is the proxy for a person with an anonymous entry, the proxy’s electoral number alone or a statement that the proxy is not registered as an elector (as the case may be)).

(4) The following provisions apply to the issue of a replacement postal signing sheet under paragraph (1)—

(a) regulation 87 (except paragraph (2)) (procedure on issue of postal signing sheets);

(b) regulation 91 (envelopes);

(d) regulation 93 (delivery of postal signing sheets).

(5) For the purposes of this regulation—

(a) a relevant application is an application under—

(i) regulation 51(5)(a) or 52(6)(a) (application to be removed from record),

(ii) regulation 51(6) (application to sign the petition by proxy instead of post),

(iii) regulation 51(7) (application to sign the petition by post instead of proxy),

(iv) regulation 52(7) (application to sign by post or proxy instead of proxy or post respectively),

(v) regulation 53(4)(a) or 54(4)(a) (postal signing sheet to be sent to different address),

(vi) regulation 57(6) and (7) (appointment of proxies),

(vii) regulation 58(8) (application by a postal proxy signer for signing sheet to be sent to different address),

(viii) regulation 58(11)(a) (application for proxy to be removed); and

(b) a relevant notice is a notice under regulation 57(9) (cancellation of proxy appointment).

CHAPTER 3 — Receipt of Postal Signing Sheet etc

Alternative means of returning postal signing sheets, postal petition statements and declarations of identity.

99

(1) For the purposes of regulation 39(3) and (5) (the count)—

(a) for a recall petition held in England, Wales or Scotland—

(i) the manner in which a postal signing sheet and postal petition statement may be returned to any petition signing place is by hand;

(ii) the manner in which such a sheet and statement may be returned to the petition officer is by hand or by post;

(b) for a recall petition held in Northern Ireland, the manner in which a postal signing sheet and declaration of identity may be returned to the petition officer is by hand or by post.

(2) Where paragraph (1)(a) applies, subject to paragraphs (2A) and (3) the petition clerk must deliver, or cause to be delivered, any postal signing sheet or postal petition statement returned to that signing place and any return of postal petition documents form, to the petition officer in the same manner and at the same time as the petition clerk delivers, or causes to be delivered, the packets referred to in regulation 37 (procedure on close of petition).

(2A) A petition signing sheet or postal petition statement may only be delivered to the petition officer in accordance with paragraph (2) if the requirements of regulation 99A are met and the sheet and statement are not rejected in accordance with regulation 99B or 99D.

(3) The petition officer may collect, or cause to be collected, any postal signing sheet, postal petition statement or return of postal petition documents form which by virtue of paragraph (2) the petition clerk would otherwise be required to deliver or cause to be delivered to the petition officer.

(4) Where the petition officer collects, or causes to be collected, any postal signing sheet, postal petition statement or return of postal petition documents form in accordance with paragraph (3) the petition clerk must first make up into separate packets sealed with the petition clerk’s own seal with a description of its contents written on each packet—

(a) the postal signing sheets and postal petition statements;

(b) the return of postal petition documents forms for those postal signing sheets and postal petition statements.

Persons entitled to be present at proceedings on receipt of postal signing sheet

100

No person may be present at the proceedings on the receipt of postal signing sheets other than—

(a) the petition officer;

(b) any assistants of the petition officer;

(d) any representative of the Electoral Commission.

Postal ballot boxes and receptacles

101

(1) The petition officer must provide a separate ballot box for the reception of—

(a) the covering envelopes returned by the postal signers (“postal signers’ ballot box”); and

(b) postal signing sheets (“postal ballot box”).

(2) Each such ballot box must be marked “postal signers’ ballot box” or “postal ballot box” (as the case may be) and marked with the name of the petition signing place in relation to which it is to be used at the petition.

(3) The postal ballot box must be shown to those present on the occasion of opening the first postal signers’ ballot box as being empty.

(4) The petition officer must then lock the postal ballot box (if it has a lock) and apply the officer’s seal in such manner as to prevent its being opened without breaking the seal.

(5) For petitions in England and Wales and Scotland, the petition officer must provide the following receptacles—

(a) receptacle for rejected signing sheets;

(b) receptacle for signing sheet envelopes;

(d) receptacle for rejected signing sheets (verification procedure); and

(e) receptacle for postal petition statements (verification procedure).

(6) For petitions in Northern Ireland, the petition officer must provide the following receptacles—

(a) receptacle for rejected signing sheets;

(b) receptacle for signing sheet envelopes; and

(7) The petition officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this regulation.

Receipt of covering envelopes

102

(1) The petition officer must, immediately on receipt by post of a covering envelope (or an envelope which is stated to include a postal signing sheet) before the end of the signing period, place it unopened in a postal signers’ ballot box.

(2) Where an envelope, other than a covering envelope issued by the petition officer—

(a) has been opened, and

(b) contains a signing sheet envelope, postal petition statement or declaration of identity (as the case may be), or signing sheet,

the first-mentioned envelope, together with its contents, must be placed in a postal signers’ ballot box.

Opening of postal signers’ ballot box

103

(1) Each postal signers’ ballot box must be opened by the petition officer in the presence of at least one petition clerk or other person appointed by that officer and any representative of the Electoral Commission who attends for the opening of the postal signers’ ballot box.

(2) So long as the petition officer ensures that there is at least one sealed postal signers’ ballot box for the reception of covering envelopes up to the end of the signing period, the other postal signers’ ballot boxes may previously be opened by the officer in accordance with paragraph (1).

(3) The last postal signers’ ballot box and the postal ballot box must be opened at the counting of the signatures under regulation 39 (the count).

Opening of covering envelopes

104

(1) When a postal signers’ ballot box is opened, the petition officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal signing sheet and any envelope described in regulation 102(2)) (receipt of covering envelopes).

(2) The petition officer must open separately each envelope.

(3) For petitions in Northern Ireland—

(a) the procedure in regulation 105 (procedure in relation to declarations of identity) applies where a covering envelope (including an envelope to which regulation 102(2) applies) contains both a declaration of identity and a signing sheet envelope or, if there is no signing sheet envelope, a signing sheet;

(b) where a covering envelope does not contain a declaration of identity separately, the petition officer must open the signing sheet envelope to ascertain whether the declaration of identity is inside;

(c) where the covering envelope does not contain both a declaration of identity (whether separately or not) and a signing sheet envelope or, if there is no envelope, a signing sheet, the petition officer must mark the covering envelope “rejected” attach its contents (if any) and place it in the receptacle for rejected signing sheets.

(4) For petitions in England and Wales and Scotland—

(a) the procedure in regulation 107 (procedure in relation to postal petition statements: personal identifier verification) applies where a covering envelope (including an envelope to which regulation 102(2) applies) contains a postal petition statement;

(b) where the covering envelope does not contain a postal petition statement separately, the petition officer must open the signing sheet envelope to ascertain whether the postal petition statement is inside;

(c) where a covering envelope does not contain a postal petition statement (whether separately or not) the petition officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected signing sheets.

(5) In carrying out the procedures in this regulation and regulations 108 (opening of signing sheet envelopes) to 111 (checking lists of rejected signing sheets: England and Wales and Scotland) the petition officer and the petition officer’s assistants—

(a) must keep the signing sheets face downwards and must take proper precautions for preventing any person from seeing the mark made on the signing sheets; and

(b) must not be permitted to view the corresponding number list used at the issue of the postal signing sheets.

(6) Where an envelope opened in accordance with paragraph (2) contains a postal petition statement or declaration of identity (as the case may be), the petition officer must place a mark in the marked copy of the postal signers list or proxy postal signers list in a place corresponding to the number of the elector to denote that a postal signing sheet has been returned.

(7) A mark made under paragraph (6) must be distinguishable from and not obscure the mark made under regulation 87 (procedure on issue of postal signing sheets).

(8) As soon as practicable after the last covering envelope has been opened, the petition officer must make up into a packet the copy of the marked postal signers list and proxy postal signers list that have been marked in accordance with paragraph (6) and must seal that packet.

Procedure in relation to declarations of identity: Northern Ireland

105

(1) A declaration of identity is a valid declaration of identity for the purposes of these Regulations if—

(a) it is duly signed by the postal signer; and

(b) in the case of an elector, regulation 39(5) is satisfied (the count).

(2) The petition officer must be satisfied that the declaration of identity is a valid declaration of identity.

(3) Where the petition officer is not so satisfied, the petition officer must mark the declaration “rejected”, attach to it the signing sheet envelope, or if there is no such envelope, the signing sheet and place it in the receptacle for rejected signing sheets.

(4) The petition officer must then compare the number on the declaration of identity against the number on the signing sheet envelope and, where they are the same, the petition officer must place the declaration and the signing sheet envelope respectively in the receptacle for declarations of identity and the receptacle for signing sheet envelopes.

(5) Where—

(a) the number on a valid declaration of identity is not the same as the number on the signing sheet envelope, or

(b) that envelope has no number on it and the number is not displayed through a window in it,

Confirming receipt of postal signing statements: England and Wales and Scotland

106

(1) An elector or a proxy signer who is shown in the postal signers list or proxy postal signers list may make a request, at any time after the first issue of postal signing sheets under regulation 86 (time when postal signing packs are to be issued) and before the end of the signing period, that the petition officer confirm—

(a) whether a mark is shown in the marked copy of the postal signers list or proxy postal signers list in a place corresponding to the number of the elector to denote that a postal signing sheet has been returned; and

(b) whether the number of the signing sheet issued to the elector or the elector’s proxy has been recorded on either of the first or second lists kept by the petition officer under regulation 110 (lists of rejected postal petition documents).

(2) A request under paragraph (1) must—

(a) be made by any method specified by the petition officer; and

(b) include any evidence of the signer’s identity requested by that officer.

(3) Where a request is received in accordance with paragraph (2) the petition officer must satisfy himself or herself that the request has been made by the elector or their proxy and, if satisfied that it was, provide confirmation of the matters under paragraph (1).

Procedure in relation to postal petition statements: personal identifier verification: England and Wales and Scotland

107

(1) This paragraph applies in the circumstances described in regulation 104(4)(a) (opening of covering envelopes).

(2) The petition officer must satisfy himself or herself that the postal petition statement is duly completed and as part of that process must compare the date of birth and the signature on the postal petition statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal signing sheet was addressed.

(3) Where the petition officer is not satisfied that the postal petition statement is duly completed, the officer must mark the statement “rejected”, attach to it the signing sheet envelope, or if there is no such envelope but there is a signing sheet, the signing sheet and place it in the receptacle for rejected signing sheets (verification procedure).

(4) The petition officer must then compare the number on the postal petition statement against the number on the signing sheet envelope and, where they are the same, the officer must place the statement and the signing sheet envelope respectively in the receptacle for postal petition statements (verification procedure) and the receptacle for signing sheet envelopes.

(5) The petition officer must open the signing sheet envelope where—

(a) the number on a valid postal petition statement is not the same as the number on that signing sheet envelope; or

(b) that envelope has no number on it.

(6) Paragraph (7) applies where—

(a) there is a valid postal petition statement but no signing sheet envelope;

(b) the signing sheet envelope has been opened under paragraph (5); or

(7) In the circumstances described in paragraph (6), the petition officer must place—

(a) in the postal ballot box, any signing sheet the number on which is the same as the number on the valid postal petition statement;

(b) in the receptacle for rejected signing sheets (verification procedure), any other signing sheet, with the valid postal petition statement attached and marked “provisionally rejected”;

(c) in the receptacle for rejected signing sheets (verification procedure), any valid postal petition statement marked “provisionally rejected” where there is no signing sheet;

(d) in the receptacle for postal petition statements (verification procedure), any valid statement not disposed of under subparagraph (b) or (c).

Opening of signing sheet envelopes

108

(1) The petition officer must open separately each signing sheet envelope placed in the receptacle for signing sheet envelopes.

(2) The petition officer must—

(a) place in the postal ballot box, any signing sheet the number on which is the same as the number on the signing sheet envelope;

(b) place in the receptacle for rejected signing sheets, any other signing sheets which must be marked “provisionally rejected” and to which the signing sheets envelope is to be attached;

(c) place in the receptacle for rejected signing sheet envelopes, any signing sheet envelope which must be marked “provisionally rejected” because it does not contain a signing sheet.

(3) In the application of this regulation to Northern Ireland—

(a) references to “provisionally rejected” are to be read as references to “rejected”; and

(b) in paragraph (2)(c) substitute “receptacle for rejected signing sheet envelopes” with “receptacle for rejected signing sheets”.

Retrieval of cancelled postal signing sheets

109

(1) Where it appears to the petition officer that a cancelled postal signing sheet has been placed—

(a) in a postal signers’ ballot box,

(b) in the receptacle for signing sheet envelopes, or

the officer must proceed as follows.

(2) The petition officer must, on at least one occasion on which a postal signers’ ballot box is opened in accordance with regulation 103 (opening of postal signers’ ballot box), also open any postal ballot box and the receptacle for signing sheet envelopes and—

(a) retrieve the cancelled signing sheet;

(b) retrieve the postal petition statement or declaration of identity (as the case may be) that relates to a cancelled signing sheet from the receptacle for postal petition statements (verification procedure) or receptacle for declarations of identity (as the case may be);

(c) attach any cancelled postal signing sheet to the postal petition statement or declaration of identity to which it relates;

(d) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by regulations 94 and 95 (spoilt postal signing sheets) or regulation 98 (cancellation of postal signing sheets); and

(e) unless the postal ballot box has been opened for the purposes of the counting of signing sheets under regulation 39 (the count), re-lock (if it has a lock) and re-seal the postal ballot box.

Lists of rejected postal signing sheets: England and Wales and Scotland

110

(1) In respect of any petition, the petition officer must keep four separate lists relating to rejected postal petition documents as required by this regulation (“lists of rejected postal petition documents”).

(2) In the first list, the officer must record the signing sheet number of any postal signing sheet for which no valid postal petition statement was received with it.

(3) In the second list, the officer must record the postal signing sheet number which is entered on a valid postal petition statement where that signing sheet is not received with the postal petition statement.

(4) In the third list, the officer must record, for every postal petition statement in the receptacle for rejected signing sheets (verification procedure) immediately prior to sealing—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy);

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy);

(d) any other information relating to the rejection that the petition officer considers appropriate, but not the signing sheet number.

(5) The specified reasons that may be given under paragraph (4)(c) for the rejection of a postal petition statement are as follows—

(a) the signature does not match the example held on the personal identifiers record;

(b) the date of birth does not match the one held on the personal identifiers record;

(d) the date of birth field is blank.

(6) In the fourth list, the petition clerk must, subject to paragraph (9), record in relation to any elector whose postal petition documents were rejected in accordance with regulation 99B or 102B, or were left behind postal petition documents—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy);

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),

(d) an indication as to whether the postal petition documents included a postal signing sheet the number of which matched the postal signing sheet number marked on the postal petition statement, and

(e) any other information relating to the rejection that the petition officer considers appropriate, but not the postal signing sheet number.

(7) The specified reasons that may be given under sub-paragraph (6)(c) for the rejection of the postal petition documents are—

(a) the postal petition documents were handed in at a signing place or to the petition officer but the return of postal petition documents form was not fully completed with the required information;

(b) the postal petition documents were handed in at a signing place or to the petition officer but the number of postal petition documents handed in exceeded or was suspected to exceed the permitted number;

(c) the postal petition documents were handed in by a political campaigner who was not permitted to hand in those postal petition documents;

(d) the postal petition documents were left behind postal petition documents.

(8) In compiling the fourth list the petition officer must open separately each covering envelope (including an envelope described in regulation 102(2)) and each signing sheet envelope.

(9) The obligation in paragraph (6) does not apply where an elector’s rejected postal petition documents do not include a postal petition statement.

Checking lists of rejected postal signing sheets: England and Wales and Scotland

111

(1) Where the petition officer receives a valid postal petition statement without the postal signing sheet to which it relates, the officer may, at any time before the end of the signing period, check the list kept under regulation 110(2) to see whether the number of a postal signing sheet to which the statement relates is entered in that list.

(2) Where the petition officer receives a postal signing sheet without the postal petition statement to which it relates, the officer may, at any time prior to the end of the signing period, check the list kept under regulation 110(3) to see whether the number of that signing sheet is entered in that list.

(3) The petition officer must conduct the checks required by paragraphs (1) and (2) as soon as practicable after the receipt of the packets from every petition signing place.

(4) Where the signing sheet number in the list matches that number on a valid postal petition statement or the postal signing sheet (as the case may be) the petition officer must retrieve that statement or sheet.

(5) The petition officer must then take the appropriate steps under these Regulations as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.

Sealing of receptacles

112

(1) For petitions in England and Wales and Scotland, as soon as practicable after the completion of the procedure under regulation 111(3) and (4) (checking of lists of rejected signing sheets), the petition officer must make up into separate packets the contents of—

(a) the receptacle for rejected signing sheets,

(b) the receptacle for rejected signing sheet envelopes,

(d) the receptacle for rejected signing sheets (verification procedure),

(e) the receptacle for postal petition statements (verification procedure),

(f) the packets of rejected postal petition documents and accompanying return of postal petition documents forms made up in accordance with regulation 99C(2) and 102C(2),

Early termination of petition

113

Where a petition is terminated by virtue of section 13 of the Act (early termination of recall petition process) after postal signing sheets have been issued, the petition officer—

(a) must not take any step or further steps to open covering envelopes or deal with the contents in accordance with the provisions of this Part; and

(b) must, notwithstanding regulation 104 (opening of covering envelopes) to regulation 108 (opening of signing sheet envelopes), treat all unopened covering envelopes and the contents of those that have been opened as if they were counted signing sheets.

Forwarding of documents

114

(1) The petition officer must forward to the registration officer at the same time as the petition officer forwards the documents mentioned in regulation 44 (delivery of documents to the registration officer)—

(a) any packets referred to in regulation 92 (sealing up of corresponding number lists), regulations 94 and 95 (spoilt postal signing sheets), regulations 96 and 97 (lost signing sheets), regulation 98 (cancellation of postal signing sheets), regulation 99(4)(b) (alternative means of returning postal signing sheets, postal petition statements and declarations of identity), 102A(3)(b) (postal petition documents handed in to the petition officer), regulation 104 (opening of covering envelopes) and regulation 112 (sealing of receptacles) and subject to regulation 113, endorse on each packet a description of its contents and the name of the petition signing place; and

(b) a completed statement of the number of postal signing sheets issued, which is to be in the form of Form L in Schedule 2 (forms).

(2) Where—

(a) any covering envelopes are received by the petition officer after the end of the signing period (apart from those delivered in accordance with the provisions of regulation 99(3) (alternative means of returning postal signing sheets, postal petition statements and declarations of identity),

(b) any envelopes addressed to postal signers are returned as undelivered too late to be readdressed, or

the petition officer must put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in paragraph (1).

(3) A petition officer, must at the same time as forwarding the documents mentioned in paragraph (1)—

(a) forward the lists required to be compiled under regulation 110(4) and (6) or regulation 110A(1) (lists of rejected postal petition documents) to the registration officer; and

(b) where the constituency comprises any part of the area of more than one local authority, the petition officer must also forward a copy of such extract of the lists required to be compiled under regulation 110(4) and (6) or regulation 110A(1) as are relevant to each of the other registration officers concerned.

(4) Regulation 45 (orders for the production of documents) and regulation 46 (retention of documents) are to apply to any packet or document forwarded under this regulation except that in applying those provisions the lists compiled and any extracts from it under regulation 110(4) and (6) or regulation 110A(1) (lists of rejected postal petition documents) must be treated in the same manner as a counted signing sheet.

(5) In the application of this regulation to Scotland, the petition officer is not required to forward the documents mentioned to the registration officer but instead the petition officer must retain those documents and regulation 47 (retention and disposal of documents: Scotland) is to apply to those documents as it applies to documents retained under that regulation.

(6) A copy of the statement referred to in paragraph (1)(b) is to be provided by the petition officer to the Minister and the Electoral Commission in the period which starts 10 days after the last day of the signing period and ends 15 days after that date.

(7) In the application of this regulation to Northern Ireland, in paragraph (6) the copy of the statement mentioned in that paragraph is to be provided to the Electoral Commission only.

(8) In the application of this regulation to England and Wales and Northern Ireland, 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 relates 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.

Notification of a rejected postal petition statement: England and Wales and Scotland

115

(1) Where an absent signer for a petition in England and Wales or Scotland appears on the list compiled under regulation 110(4) , or on the list compiled under regulation 110(6) (list of rejected postal petition documents) with an indication in accordance with regulation 110(6)(d) that a postal signing sheet was included in rejected postal petition documents,—

(a) the registration officer responsible for the personal identifiers record that contains information in respect of the absent signer must notify the absent signer (and the elector if the absent signer is a proxy) that the signing sheet concerned was rejected because—

(i) the petition officer was not satisfied that the postal petition statement was duly completed;

(ii) the postal signing sheet was handed in and the relevant officer—

(aa) was not satisfied that the return of postal petition documents form had been completed properly and provided the required information;

(bb) suspected that the person handing it in had handed in postal signing sheets on behalf of more than the permitted number of electors;

(cc) suspected that the person handing it in was a political campaigner who was committing an offence under regulation 122A;

(iii) the postal signing sheet was a left behind postal petition document;

(b) the registration officer must send the notification as soon as possible, and within the period of three months beginning with the last day of the signing period; and

(i) in regulation 110(5) applied to the postal petition statement;

(ii) in regulation 110(7) applied to the postal signing sheet.

(2) The registration officer is not obliged to send a notification—

(a) to any person who is no longer shown as signing the petition by post in the record kept under regulation 51(4) or regulation 58(7) at the time the registration officer proposes to send the notification; or

(b) where the registration officer suspects that an offence may have been committed in relation to the postal signing sheet, the postal petition statement or the absent signer’s entitlement to sign the petition under section 10 of the Act (persons entitled to sign a recall petition) except where that offence is committed by a political campaigner under regulation 122A.

(3) A notification issued under paragraph (1) may also include any other information that the registration officer considers appropriate, but a notification must not include information held on the personal identifiers record.

Requirement to provide fresh signature following rejection of a postal petition statement: England and Wales and Scotland

116

(1) This regulation applies where an absent signer is notified under regulation 115 (notification of a rejected postal petition statement) that the signature on the postal petition statement with which they were issued does not match the example held on the personal identifiers record, and the person continues to be shown on the record kept under regulation 51(4) as signing the petition by post.

(2) Where this regulation applies, the registration officer may require the absent signer to provide a fresh signature for the personal identifiers record in accordance with regulation 59 (the personal identifiers record).

PART 6 — OFFENCES

Interpretation

117

In this Part, in the application of—

(a) regulation 122 (tampering with signing sheets etc.),

(b) regulation 123 (requirement of secrecy),

(ba) regulation 123A (influencing persons signing a petition),

(d) regulation 131 (details to appear on petition publications),

(e) regulation 132 (prohibition of paid canvassers),

(f) regulation 133 (providing money for illegal purposes),

(g) regulation 137 (absent signing),

to a petition in Scotland or Northern Ireland, the reference to a fine on a summary conviction is to be read as a fine not exceeding the statutory maximum for Scotland or the statutory maximum for Northern Ireland (as the case may be).

Personation

118

(1) A person is guilty of a corrupt practice if they commit, or aid, abet, counsel or procure the commission of, the offence of personation.

(2) A person is guilty of personation if they—

(a) sign a petition in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b) sign a petition, in person or by post, as proxy—

(i) for a person whom they know or have reasonable grounds for supposing to be dead or to be a fictitious person, or

(ii) when they know or have reasonable grounds for supposing that their appointment as proxy is not in force.

(3) For the purposes of this regulation, a person who—

(a) has their signing sheet endorsed under regulation 29 (signing sheets endorsed by petition clerk),

(b) applies for a signing sheet for the purpose of signing by post, or

is also to be taken to have signed the petition.

Other signing offences

119

(1) A person is guilty of an offence if that person—

(a) signs a petition in person or by post, whether as an elector or as proxy, knowing that they are not entitled to do so;

(b) applies to sign a petition by proxy or by post as an elector, knowing that they are not entitled at any time during the signing period to sign the petition;

(c) applies for the appointment of a proxy to sign a petition for them knowing that they or their prospective proxy is not entitled at any time during the signing period to sign the petition; or

(d) signs a petition in person or by post, as proxy for some other person, knowing the other person is not entitled to do so.

(1A) A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to sign a petition for P—

(a) where P knows that the person to be appointed is already appointed as proxy to sign that petition for four or more other persons;

(b) where—

(i) P is or will be registered in the register otherwise than in pursuance of an overseas electors declaration or as a service voter; and

(ii) P knows that the person to be appointed is already appointed as proxy to sign that petition, or petitions, for two or more other persons none of whom is registered in the register in pursuance of an overseas elector’s declaration or as a service voter;

(c) where P knows that the person to be appointed is already appointed as proxy to sign a petition or petitions for four or more other persons;

(d) where—

(i) P is or will be registered in the register otherwise than in pursuance of an overseas electors declaration or as a service voter; and

(ii) P knows that the person to be appointed is already appointed to sign a petition or petitions, for two or more other persons none of whom is registered in the register in pursuance of an overseas elector’s declaration or as a service voter.

(2) A person is guilty of an offence if they—

(a) sign a petition in any signing place when there is in force an appointment of a person to sign the petition as their proxy in another signing place;

(b) sign in person a petition they are only entitled to sign by post;

(c) apply for a person to be appointed as their proxy to sign a petition without applying for the cancellation of a previous appointment of a third person then in force in respect of that petition or without withdrawing a pending application for such an appointment.

(3) A person is guilty of an offence if they sign a petition in person as proxy for an elector at which that person is entitled to sign by post as proxy for that elector.

(4) A person (“P”) is guilty of an offence if P signs a petition as proxy—

(a) for more than four persons, or

(b) for more than two persons where P knows that more than two of those persons are registered in the register otherwise than in pursuance of an overseas elector’s declaration or as a service voter.

(5) A person is guilty of an offence if they knowingly induce or procure another person to do an act which is, or but for that other person’s want of knowledge would be, an offence by that other person under any of paragraphs (1) to (4).

(6) For the purposes of this regulation, and subject to paragraph (7), a person who—

(a) has their signing sheet endorsed under regulation 29 (signing sheets endorsed by petition clerk),

(b) applies for a signing sheet for the purpose of signing the petition in person, or

is also to be taken to have signed the petition.

(7) For the purposes of determining whether an application for a signing sheet constitutes an offence under paragraph (1), a previous application made in circumstances which entitle the applicant only to mark a tendered signing sheet shall, if that right is exercised, be disregarded.

(8) A person is not guilty of an offence under paragraph (2)(b) or (3) only by reason of their having signed a tendered signing sheet in pursuance of regulation 30 (tendered signing sheets).

(9) An offence under this regulation is an illegal practice.

Offences relating to applications for postal and proxy signing

120

(1) A person commits an offence if they—

(a) engage in an act specified in paragraph (2) in relation to a petition; and

(b) intend by doing so to deprive another person of an opportunity to sign the petition, to secure a signature on the petition, or to gain money or property of any description.

(2) These are the acts—

(a) applying as some other person to sign a petition by post or proxy (whether that other person is living or dead or is a fictitious person);

(b) otherwise making a false statement in, or in connection with, an application to sign a petition by post or proxy;

(c) inducing the petition officer to send a postal signing sheet or any communication relating to signing a petition by post or proxy to an address which has not been agreed to by the person entitled to sign the petition;

(d) causing a communication relating to signing a petition by post or proxy or containing a postal signing sheet not to be delivered to the intended recipient.

(3) In paragraph (2), a reference to signing the petition by post includes signing the petition by post as a proxy and postal signing sheet is to be construed accordingly.

(4) A person who commits an offence under paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

Breach of official duty

121

(1) If a person to whom this regulation applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, they are liable on summary conviction to a fine.

(2) A person to whom this regulation applies is not liable for breach of their official duty to any penalty at common law and no action for damages will lie in respect of the breach by such a person of their official duty.

(3) The persons to whom this section applies are—

(a) the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

(b) any registration officer, petition officer or petition clerk,

(c) any other person whose duty it is to be responsible after a petition for the used signing sheets and other documents (including returns and declarations as to expenses),

(d) any official designated by a universal postal service provider, and

(e) any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of their employment assisting a person so mentioned in connection with their official duties,

and for the purposes of this regulation “official duty” is to be construed accordingly, but does not include duties imposed otherwise than by or under the Act.

Tampering with signing sheets etc.

122

(1) A person is guilty of an offence if that person—

(a) fraudulently defaces or fraudulently destroys a signing sheet, the official mark on any signing sheet, or a postal petition statement, declaration of identity or official envelope used in connection with signing the petition by post;

(b) without due authority supplies a signing sheet to any person;

(c) fraudulently puts into a ballot box any paper other than any signing sheet which the person is authorised by law to put in;

(d) fraudulently takes out of any petition signing place a signing sheet;

(e) without due authority destroys, takes, opens or otherwise interferes with a ballot box or packet of petition signing sheets then in use for the purposes of the petition; or

(f) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2) If a petition officer or petition clerk counting the signing sheets or assisting at the proceedings in connection with the issue or receipt of postal signing sheets is guilty of an offence under this regulation, that person is liable—

(a) on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;

(b) on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both.

(3) If any other person is guilty of an offence under this regulation, that person is liable on summary conviction to a fine, or to imprisonment for a term not exceeding 6 months, or to both.

Requirement of secrecy

123

(1) A person to whom this paragraph applies must maintain and aid in maintaining the secrecy of the proceedings in connection with the signing of a petition and must not, except for some purpose authorised by law, communicate to any person before the end of the signing period any information as to—

(a) the name of any elector or proxy for an elector who has or has not applied for a signing sheet or signed the petition;

(b) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a signing sheet or signed the petition; or

(2) Paragraph (1) applies to—

(a) a petition officer, petition clerk or assistant attending at a petition signing place;

(b) any representative of the Electoral Commission so attending.

(3) A person attending at the counting of signing sheets relating to a petition must maintain and aid in maintaining the secrecy of such proceedings and must not—

(a) ascertain or attempt to ascertain the number or other unique identifying mark on the back of any signing sheet; or

(b) communicate any information obtained when so attending as to the number of signing sheets which have been signed.

(4) A person must not—

(a) interfere with or attempt to interfere with a person signing a petition; or

(b) communicate to any person the number or other unique identifying mark on the back of the signing sheet issued to a person at a petition signing place.

(4A) No person may—

(a) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a postal signing sheet issued to a person for signing a petition by post;

(b) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a postal signing sheet issued to a person for signing a petition by post;

(c) obtain or attempt to obtain information, in the circumstances mentioned in paragraph (4B), as to whether a person issued with a postal signing sheet for signing a petition by post (“P”) has or has not signed the petition;

(d) communicate at any time to any other person information obtained in contravention of sub-paragraph (c).

(4B) The circumstances referred to in paragraph (4A)(c) are where P is about to mark, or is in the process of marking, or has just marked, a postal signing sheet issued to P for signing a petition by post.

(4C) But—

(a) a person (“E”) who is signing a petition by proxy does not contravene paragraph (4A) by obtaining or attempting to obtain from the person entitled to sign the petition as E’s proxy information as to a matter mentioned in sub-paragraph (a) of that paragraph that relates to E’s signing of the petition, and

(b) a person who is entitled to sign a petition as E’s proxy does not contravene paragraph (4A) by communicating to E information as to a matter mentioned in sub-paragraph (a) of that paragraph that relates to E’s signing of the petition.

(4D) Paragraphs (4A)(c) and (d) do not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purpose of—

(a) a published statement relating to whether people entitled to sign the petition intend to sign it or have signed it, or

(b) a published forecast as to the result of that petition which is based on information given by people entitled to sign it.

(4E) In paragraph (4D)—

(a) “forecast” includes estimate;

(b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means.

(4F) Where a person (“the proxy”) is entitled to sign a petition as proxy for another person (“E”)—

(a) the proxy must not communicate at any time to any person other than E any information as to whether the proxy is about to sign the petition, or has signed the petition, as proxy for E;

(b) except for some purpose authorised by law, the proxy must not communicate at any time to any person other than E the number or other unique identifying mark on the back of a signing sheet issued to the proxy for signing the petition as proxy for E.

(5) A person attending the proceedings in connection with the issue or the receipt of postal signing sheets must maintain and aid in maintaining the secrecy of those proceedings and must not, except for some purpose authorised by law—

(a) communicate to any person, before the end of the signing period, any information obtained at those proceedings as to the official mark;

(b) communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of the signing sheet sent to any person; or

(c) attempt to ascertain at proceedings on the receipt of signing sheets the number or other unique identifying mark on the back of any such sheet.

(6) A person who acts in contravention of this regulation is guilty of an offence and is liable on summary conviction to a fine or to imprisonment for a term not exceeding 6 months.

Prohibition on publication of exit polls

124

(1) A person must not, before the end of the last day of the signing period for a petition, publish—

(a) any statement relating to whether any person has signed the petition where that statement is (or might reasonably be taken to be) based on information given by that person; or

(b) any forecast as to the result of the petition which is (or might reasonably be taken to be) based on information so given.

(2) A person who contravenes paragraph (1) is liable on summary conviction to a fine or to imprisonment for a term not exceeding six months.

(3) In this regulation—

“forecast” includes estimate; and

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.

Broadcasting from outside United Kingdom

125

(1) No person must, with intent to influence persons to sign or refrain from signing a petition, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the petition in any licensable programme services (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—

(a) the British Broadcasting Corporation,

(b) Sianel Pedwar Cymru, or

for the reception and re-transmission of that matter by that body or the holder of that licence.

(2) An offence under this regulation shall be an illegal practice.

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this regulation, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, is deemed to be guilty of the illegal practice, unless that person proves—

(a) that the act or omission took place without their consent or connivance; and

(b) that that person exercised all such diligence to prevent the commission of the illegal practice as they ought to have exercised having regard to the nature of their functions in that capacity and to all the circumstances.

Imitation of official petition notice

126

(1) A person must not, for the purpose of promoting or procuring the success or failure of a petition, issue any official petition notice or a document so closely resembling an official petition notice as to be calculated to deceive.

(2) An offence under this regulation is an illegal practice.

(3) Paragraph (3) of regulation 125 (broadcasting from outside the United Kingdom) applies as if an offence under this regulation were an offence under that regulation.

Disturbances at petition meetings: England and Wales and Scotland

127

(1) A person who at a public meeting to which this regulation applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together is guilty of an illegal practice.

(2) This regulation applies to a political meeting held in the constituency of the MP to whom a petition relates at any time when that MP is subject to a petition process.

(3) If a constable reasonably suspects any person of committing an offence under paragraph (1), that constable may if requested so to do by the chairperson of the meeting require that person to declare to that constable immediately their name and address and, if that person refuses or fails so to declare their name and address or gives a false name and address, that person shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Illegal canvassing by police officers

128

(1) A member of a police force must not by word, message, writing or in any other manner, endeavour to persuade any person to sign a petition held in relation to a constituency wholly or partly within the police area of the force of which that person is a member, or dissuade any person from signing such a petition, whether as an elector or as proxy.

(2) A person who contravenes paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, but nothing in that paragraph shall subject a member of a police force to any penalty for anything done in the discharge of their duty as a member of the force.

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