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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(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.

(3) In this regulation, references to a member of a police force and to a police area are to be taken in relation to Northern Ireland as references to a member of the Police Service of Northern Ireland and to Northern Ireland.

False statements as to MP or accredited campaigner

129

(1) A person who, or any director of any body corporate which—

(a) during the period beginning with the giving of notice under section 5 of the Act (Speaker’s notice) and ending with the last day of the signing period, and

(b) for the purpose of affecting the outcome of the petition,

makes or publishes any false statement of fact in relation to the personal character or conduct of a relevant person is guilty of an illegal practice, unless that person can show that they had reasonable grounds for believing, and did believe, the statement to be true.

(2) In paragraph (1), “relevant person” means—

(a) the MP to whom the petition relates; or

(b) a person who is an accredited campaigner in relation to that petition.

(3) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or the county court from any repetition of that false statement or of a false statement of a similar character in relation to the Member of Parliament and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement shall be sufficient.

(4) Article 60 of the County Courts (Northern Ireland) Order 1980 (ordinary appeals from the county court in civil cases)⁴¹ shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

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

Payments for exhibition of petition notices

130

(1) A payment or contract for payment for the purpose of promoting or procuring the success or failure of a petition may not be made to an elector or their proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—

(a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and

(b) the payment or contract is made in the ordinary course of that business.

(2) If any payment or contract for payment is knowingly made in contravention of this regulation at any time after the giving of notice under section 5 of the Act (Speaker’s notice)—

(a) the person making the payment or contract, and

(b) if that person knew it to be in contravention of this regulation, any person receiving the payment or being a party to the contract,

is guilty of an illegal practice.

Details to appear on petition publications

131

(1) This regulation applies to any material which can reasonably be regarded as intended to promote or procure the success or failure of a petition (whether or not it can be so regarded as intended to achieve any other purpose as well).

(2) Material to which this regulation applies and which is, or is contained in, such a document as is mentioned in paragraphs (4) to (6), must not be published unless the requirements of that paragraph are complied with.

(3) For the purposes of paragraphs (4) to (6) the following details are “the relevant details” in the case of any material falling within paragraph (2), namely—

(a) the name and address of the printer of the document;

(b) the name and address of the promoter of the material; and

(4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(5) Where the material is a printed document other than one to which paragraph (4) applies, the relevant details must appear either on the first or the last page of the document.

(6) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and

(b) the relevant details specified in paragraph (3)(b) and (c) must be included in the advertisement.

(7) Where any material falling within paragraph (2) is published in contravention of that paragraph, then (subject to paragraphs (8) and (9))—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

is guilty of an offence and liable on summary conviction to a fine.

(8) It is a defence for a person charged with an offence under this regulation to prove—

(a) that the contravention of paragraph (2) arose from circumstances beyond their control; and

(b) that they took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(9) Where an MP (apart from this paragraph) is guilty of an offence under paragraph (7), they are instead guilty of an illegal practice.

(10) In this regulation—

“print” means print by whatever means, and “printer” is construed accordingly;

“the promoter”, in relation to any material to which this regulation applies, means the person causing the material to be published;

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

(11) For the purpose of determining whether any material is material such as is mentioned in paragraph (1), it is immaterial that it does not expressly mention the name of the MP to whom the petition relates.

Prohibition of paid canvassers

132

(1) If a person is, either before, during or after a petition, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring the success or failure of the petition—

(a) the person so engaging or employing that person, and

(b) the person so engaged or employed,

is guilty of illegal employment.

(2) A person guilty of an offence under paragraph (1) shall, on summary conviction, be liable to a fine; and on a prosecution for such an offence it shall be sufficient to allege that the person charged was guilty of illegal employment.

(3) Where an MP (apart from this paragraph) is guilty of an offence under paragraph (1), they are instead guilty of an illegal practice.

(4) Any person charged with an offence of illegal employment may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

Providing money for illegal purposes

133

(1) Where a person knowingly provides money—

(a) for any payment which is contrary to the provisions of the Act or these Regulations,

(b) for any expenses incurred in excess of the maximum amount allowed by or under the Act, or

that person is guilty of an illegal payment.

(2) A person guilty of an offence under paragraph (1) shall, on summary conviction, be liable to a fine; and on a prosecution for such an offence it shall be sufficient to allege that the person charged was guilty of an illegal payment.

(3) Where an MP (apart from this paragraph) is guilty of an offence under paragraph (1), they are instead guilty of an illegal practice.

(4) Any person charged with an offence of illegal payment may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

Bribery

134

(1) A person is guilty of a corrupt practice if that person is guilty of bribery.

(2) A person is guilty of bribery if that person, directly or indirectly, by themselves or by any other person on their behalf—

(a) gives any money or procures any office to or for—

(i) any person entitled to sign a petition,

(ii) any other person on behalf of any person entitled to sign a petition, or

(iii) any other person,

in order to induce any person to sign a petition or to refrain from doing so;

(b) corruptly does any such act on account of any person having signed the petition or refrained from doing so; or

(c) makes any such gift or procurement to or for any person in order to induce that person to procure, or endeavour to procure, a particular outcome in the petition or a person to sign it or refrain from doing so.

(3) A person is guilty of bribery if upon or in consequence of any gift or procurement mentioned in paragraph (2) that person procures or engages, promises or endeavours to procure a particular outcome in the petition or a person to sign it or refrain from doing so.

(4) For the purposes of paragraphs (2) and (3)—

(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and

(b) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(5) A person is guilty of bribery if that person advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it will be expended in bribery in relation to a petition or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery in relation to a petition.

(6) This regulation does not apply to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith in relation to a petition.

(7) A person signing a petition is guilty of bribery if, before the end of the signing period, that person directly or indirectly by themselves or by any other person on their behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for themselves or for any other person for signing the petition or agreeing to do so or for refraining or agreeing to refrain from doing so.

(8) A person is guilty of bribery if, after the end of the signing period for a petition, that person directly or indirectly by themselves or by any other person on their behalf receives any money or valuable consideration on account of any person having signed the petition or refrained from doing so or having induced any other person to sign or refrain from doing so.

(9) In this regulation, the expression “person signing the petition” includes any person who is or claims to be entitled to sign the petition.

Treating

135

(1) A person is guilty of a corrupt practice if that person is guilty of treating.

(2) A person is guilty of treating if they corruptly, by themselves or by any other person, at any time after notice is given under section 5 of the Act (Speaker’s notice) in relation to a petition, directly or indirectly give or provide, or pay wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—

(a) for the purpose of corruptly influencing that person or any other person to sign that petition or to refrain from doing so; or

(b) on account of that person or any other person having signed the petition or refrained from doing so, or being about to sign the petition or to refrain from doing so.

(3) Every elector or their proxy who corruptly accepts or takes any such meat, drink, entertainment or provision is also guilty of treating.

Undue influence

136

(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a) inducing or compelling a person to sign a petition or to refrain from signing a petition, or

(b) otherwise impeding or preventing the free exercise of the entitlement to sign a petition of an elector or a proxy for an elector.

(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of sub-paragraphs (a) to (f) of paragraph (4) on account of—

(a) a person having signed a petition or having refrained from signing a petition, or

(b) P assuming a person to have signed a petition or to have refrained from signing a petition.

(4) The following activities fall within this paragraph—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of a petition.

(5) For the purposes of paragraphs (2) and (3) an activity is carried out by a person (“P”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(6) In paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).

Absent signing

137

A person who—

(a) in any declaration or form used for absent signing of a petition, makes a statement which that person knows to be false, or

(b) attests an application for absent signing of a petition when that person knows that they are not authorised to do so or that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine.

Interference with notices

138

Any person who without lawful authority destroys, mutilates, defaces or removes—

(a) any notice published by the petition officer in connection with their duties as such, or

(b) any copies of a document which have been made available for inspection in pursuance of those duties,

is liable on a summary conviction to a fine not exceeding level 3 on the standard scale.

Corrupt and illegal practices

139

Paragraph 25 of Schedule 3 to the Act (corrupt and illegal practices) applies to an offence under this Part that is a corrupt or illegal practice as if that offence were such an offence under that Schedule.

PART 7 — MISCELLANEOUS

Questioning the outcome of a petition

140

Schedule 4 (legal proceedings: application to recall petitions of existing provisions) is to have effect.

Public notice of early termination

141

(1) This regulation applies to a petition which has terminated in accordance with section 13 of the Act (early termination of recall petition process).

(2) The public notice given by the petition officer under section 13(8)(b) must include—

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

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

(d) the condition under section 13(1) of the Act which has been met.

(3) The petition clerk must forward to the petition officer, as soon as practicable after termination of the petition takes effect, the documents referred to in regulation 37(1)(a) to (f) (procedure on close of petition), which are located at the signing place, in accordance and the provisions of that regulation is to apply to this regulation as it applies to that regulation.

(4) The petition officer must forward to the registration officer as soon as practicable after the early termination of the petition, any documents in the possession of the petition officer referred to in—

(a) regulation 44(1) (as applied by regulation 44(2)) (delivery of documents to the registration officer), and

(b) regulation 114 (1) to (3) (forwarding of documents)

and the provisions of those regulations are to apply to this regulation as they apply to those regulations.

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

Communication of applications, notices etc

142

The requirement in these Regulations that any application, notice, representation or objection should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a) is transmitted by electronic means;

(b) is received in legible form; and

143

(1) A requirement under these Regulations for an application, notice, representation or objection to be signed is satisfied (as an alternative to the signature being given by hand) where there is—

(a) an electronic signature incorporated into or otherwise logically associated with a particular electronic communication; and

(b) the certification by any person of such a signature.

(2) For the purposes of this regulation an electronic signature is so much of anything in electronic form as—

(a) is incorporated into or otherwise logically associated with any electronic communication or both; and

(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(3) For the purposes of this regulation an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a) the signature,

(b) a means of producing, communicating or verifying the signature, or

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

(4) This regulation does not apply—

(a) in relation to an application made under Part 4 for absent signing at a particular petition in England, Wales or Scotland, for which the general requirements are set out in regulation 60, or

(b) to the provision of signatures under regulation 27 (signing procedure: England and Wales and Scotland) or regulation 28 (signing procedure: Northern Ireland) which must be given by hand.

Forms

144

(1) The petition officer must supply free of charge as many forms for use in accordance with these Regulations as appear to that officer reasonable in the circumstances to any person who satisfies that officer of their intention to use the forms in connection with a petition.

(2) A reference in these Regulations to a form in Schedule 2 identified by a letter is—

(a) in relation to a petition held in a constituency in Scotland, a reference to the form identified by that letter in Part 1 of that Schedule;

(b) in relation to a petition held in a constituency in England and Wales, a reference to the form identified by that letter either in Part 1 of that Schedule or in an order made under section 26(2) of the Welsh Language Act 1993 as applied by section 21(5) of the Act;

(c) in relation to a petition held in a constituency in Northern Ireland, a reference to a form identified by that letter in Part 3 of that Schedule unless there is no form with that letter in that Part, in which case it is a reference to the form identified by that letter in Part 1.

(2A) Paragraph (2)(c) does not apply to a reference to form G1.

(3) Where these Regulations require a form in Schedule 2 to be used, with the exception of Form A (the signing sheet), a form to substantially like effect may be used with such variations as the circumstances may require.

Time

145

In computing any period of time for the purposes of these Regulations any day which is not a working day is to be disregarded⁴².

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