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

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

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

(d) that, to the best of their knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to their allotted petition signing place or to sign unaided there by reason of that disability; and

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

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

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

(i) in England, the applicant is registered by the local authority which is specified in the application as a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)³¹;

(ii) in Wales, the applicant is registered as a blind person by the local authority which is specified in the application and which has made arrangements for the applicant under section 29(1) of the National Assistance Act 1948³²;

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

(b) the applicant is in receipt of—

(i) the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992)³³,

(ii) the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012)³⁴, ...

(iii) the armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011³⁵, ...

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

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

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

because of the disability specified in the application.

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

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

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

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

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

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

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

65

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

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

(a) a registered medical practitioner;

(b) a registered nurse;

(c) a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Services Act (Northern Ireland) 2001³⁶;

(d) a Christian Science practitioner;

(e) the person registered under the Registered Homes (Northern Ireland) Order 1992³⁷ as carrying on a residential care home within the meaning of article 3 of that Order or a nursing home within the meaning of article 16 of that Order, where the applicant states that he or she is resident in such a home;

(f) the person in charge of residential accommodation provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972³⁸, where the applicant states that he or she is resident in such accommodation; or

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

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

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

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

(c) that, to the best of A’s knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to their allotted signing place or to sign the petition unaided there by reason of that disability; and

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

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

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

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

(i) the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992³⁹),

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

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

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

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

because of the disability specified in the application.

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

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

66

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

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

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

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

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

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

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

(i) is aged 18 years or over;

(ii) knows the self-employed person; and

(iii) is not related to that person;

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

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

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

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

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

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

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

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

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

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

67

The registration officer must be satisfied—

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

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

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

68

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

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

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

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

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

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

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

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

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

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

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

(6) Where an application mentioned in paragraph (5) is made—

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

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

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

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

(iii) the position of the person in the hospital at which the applicant is liable to be detained; and

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

(6A) Where an application under regulation 53(2) is made after 5pm on the sixth day before the last day of the signing period for the petition for which it is made because the circumstances set out in paragraph (4C)(a) of regulation 71 apply, the application must (in addition to providing any other information required by this Part) state that it is being made because of those circumstances.

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

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

69

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

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

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

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

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

(4) The application must be attested and signed—

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

(i) is aged 18 years or over;

(ii) knows the applicant; and

(iii) is not related to the applicant;

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

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

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

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

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

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

70

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

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

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

(a) is aged 18 years or over;

(b) resides in the United Kingdom;

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

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

(a) P’s full name and address,

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

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

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

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

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

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

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

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

(a) P’s name and address;

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

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

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

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

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

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

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

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

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

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

Closing date for applications: England and Wales and Scotland

71

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

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

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

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

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

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

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

(c) by a person to whom section 7 of the 1983 Act (mental health patients who are not detained offenders) applies and who is liable, by virtue of any enactment to be detained in the mental hospital in question, whether that person is registered by virtue of that provision or not,

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

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

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

(4C) The circumstances are that—

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

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

(ii) submitted via the digital service, and

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

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

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

(6) An application under—

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

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

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

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

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

(a) 5pm, or

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

Closing date for applications: Northern Ireland

72

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

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

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

(4) An application under—

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

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

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

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

Grant or refusal of applications

73

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

(a) that decision,

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

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

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

(3) Where the registration officer refuses an application under this Part, the officer must notify the applicant of that decision and of the reasons for it.

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

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

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

the officer must notify the applicant of this.

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

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

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

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

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

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

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

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

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

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

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

(d) an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act);

(e) an applicant who has an anonymous entry.

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

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

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

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

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

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

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

the address shown in that record;

(b) otherwise—

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

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

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

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

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

Appeals: England and Wales

74

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

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

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

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

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

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

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

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

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

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

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

Appeals: Scotland

75

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

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

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

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

(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 day⁴⁰;

(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.

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