The petition officer must ensure that each petition signing place ... contains an area in which a person who attends that place for the purpose of signing the petition can produce proof of identity in private.

Notification of requirement of secrecy

Refusal to deliver signing sheet: England and Wales and Scotland

30A

(1) This regulation applies where a petition clerk refuses to deliver a signing sheet under regulation 27(1E) (including that paragraph as applied by regulation 29 (signing sheets endorsed by the petition clerk) or regulation 30 (tendered signing sheets)).

(2) Where a petition clerk refuses to deliver a signing sheet to a person who applied for one as an elector, the clerk or an assistant to the clerk must enter on the signing sheet refusal list—

(a) the person’s electoral number, and

(b) against that number, the reason for the refusal.

(3) Where a petition clerk refuses to deliver a signing sheet to a person who applied for one as a proxy, the clerk or an assistant to the clerk must enter on the signing sheet refusal list—

(a) the name and address of the elector, and

(b) against those details, the reason for the refusal.

(4) Paragraphs (5) and (6) apply where—

(a) a petition clerk refuses to deliver a signing sheet to a person under regulation 27(1E), and

(b) the person makes a further application under regulation 27(1).

(5) If a signing sheet is delivered to the person following a further application, the petition clerk or an assistant to the petition clerk must note that fact on the signing sheet refusal list.

(6) If the petition clerk again refuses to deliver a signing sheet to the person, the petition clerk or an assistant to the petition clerk must note that fact on the signing sheet refusal list.

(7) Entries required by this regulation to be made to the signing sheet refusal list must be made as soon as practicable after delivery of a signing sheet to a person is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a signing sheet to a person).

(8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number—

(a) allocated to the person as stated in the copy of the register, or

(b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13BC(6) of the 1983 Act, as stated in the copy of that notice.

(9) Subject to regulation 27(1G) and paragraph (10), a refusal to deliver a signing sheet to a person is final and may not be questioned in any proceeding whatsoever.

(10) A refusal to deliver a signing sheet to a person is subject to review on a recall petition complaint.

(11) In this regulation—

(a) except in paragraph (4)(a), any reference to the refusal to deliver a signing sheet (however expressed) is to the refusal to do so under regulation 25(4A) or 27(1G), and

(b) any reference to paragraph (1E) or (1G) or regulation 27 includes a reference to that paragraph as applied by regulation 29 or 30.

Refusal to deliver signing sheet: Northern Ireland

Spoilt signing sheets

Daily verification and storage

Reporting discrepancies

Correction of errors during the signing period

Adjournment of petition in case of riot

Procedure on close of petition

63A

(1) Paragraph (2) applies where—

(a) an applicant (“A”) makes an application under regulation 57(6) or (7) for the appointment of a proxy for the purposes of signing a petition held in England or Wales or Scotland;

(b) A has previously appointed a person (“B”) as A’s proxy for those purposes;

(d) A’s application is made on grounds relating to identification which relate to B.

(2) Where this paragraph applies A’s application must

(a) state that this paragraph applies, and

(b) state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 71A apply in respect of B.

(3) In paragraph (2)—

(a) in sub-paragraph (a), the reference to an application under regulation 57(7) includes such an application which is included in an application under 53(2);

(b) in sub-paragraph (d), “grounds relating to identification” has the meaning given in regulation 71A.

Additional requirements for applications for a proxy signature for a definite or an indefinite period based on occupation, service, employment or attendance on a course

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

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

Additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to occupation, service or employment: England and Wales and Scotland

Additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification: England and Wales and Scotland

69A

(1) Subject to paragraph (2), this regulation applies to an application under regulation 53(2) to which regulation 71(4A) applies.

(2) This regulation does not apply where—

(a) the application under regulation 53(2) includes an application under regulation 57(7), and

(b) regulation 63A(2) applies to that application under regulation 57(7).

(3) Where this regulation applies, the application under regulation 53(2) must (in addition to providing any other information required by this Chapter)—

(a) state that it is made on grounds relating to identification, and

(b) state which of the conditions set out in regulation 71A apply to the applicant.

(4) In paragraph (3)(a), “grounds relating to identification” has the meaning given in regulation 71A.

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

Closing date for applications: England and Wales and Scotland

Grounds relating to identification: England and Wales and Scotland

71A

(1) For the purposes of this Part, an application is made on grounds relating to identification if it is made because the following apply to B—

(a) condition 1, 2 or 3, and

(b) except where B has an anonymous entry in the register, condition 4.

(2) In this regulation, “B” means—

(a) the applicant, where—

(i) the application is made under regulation 53(2), and

(ii) regulation 63A(2) does not apply to the application made under regulation 57(7) which is included in that application under regulation 53(2);

(b) otherwise, the person already appointed as the applicant’s proxy at the time the application is made.

(3) Condition 1 is that—

(a) immediately before the deadline, B has a specified document which B intends to use to sign the petition in person, and

(b) after that deadline, that document is—

(i) lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that petition, or

(ii) sent by B to another person to prove B’s identity, and B considers it is unlikely to be returned to B on or before the last day of the signing period at that petition.

(4) Condition 2 is that—

(a) at a time during the period of 3 months ending with the deadline, B has applied for a specified document,

(b) immediately before the deadline, B has not received that document, and

(5) Condition 3 is that—

(a) B has an anonymous entry in the register, and

(b) either—

(i) B has not been issued with an anonymous elector’s document, or

(ii) B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration).

(6) Condition 4 is that B does not have access to another specified document.

(7) In this regulation—

(a) the “deadline” means 5pm on the sixth day before the last day of the signing period at the petition to which the application relates;

(b) “specified document” has the meaning given in regulation 27(1I).

Closing date for applications: Northern Ireland

Grant or refusal of applications

Appeals: England and Wales

Appeals: Scotland

Appeals: Northern Ireland

Notice of appeal

Cancellation of proxy appointment

Inquiries by registration officer

Records and lists kept under this Part

Marked register for petition signing place

Form A Signing sheet

Form B Corresponding number list for use at a petition signing place

Form C Corresponding number list

Form D (official petition notice for an elector who may sign the petition in person)

Form E: Official petition notice for an elector who may sign the petition by post

Form F (official petition notice for a proxy who may sign the petition in person)

Form G: Official petition notice for a proxy who may sign the petition by post

Form G1 Signing sheet refusal list

Form H Guidance for persons signing the petition

Form J: Proxy paper

Form K: Postal petition statement

Form L: Statement as to postal petition signing sheets, proxies and additional data

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of birth lists in Northern Ireland

13A

(1) The Chief Electoral Officer for Northern Ireland must prepare the following lists—

(a) a list setting out, in relation to each elector, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act;

(b) a list setting out, in relation to each person appointed to vote as a proxy for an elector, the person’s date of birth as supplied pursuant to a relevant provision.

(2) For the purposes of paragraph (1)(b), “relevant provision” means—

(a) where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act (information provided by the canvass or on an application for registration), and

(b) where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), regulation 63(1A) (date of birth of proxy to be included in proxy application).

(3) A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the petition clerk or assistant to make a decision under regulation 28(4)(a)(ii) (decision whether specified document raises doubt as to elector’s apparent age).

(4) A person to whom paragraph (5) applies must not, otherwise than in accordance with these Regulations—

(a) permit a list prepared under paragraph (1) to be inspected;

(b) supply to any person a copy of a list prepared under paragraph (1) or information contained in such a list;

(5) This paragraph applies to—

(a) the Chief Electoral Officer for Northern Ireland;

(b) a person to whom functions are delegated by the Chief Electoral Officer;

(d) an assistant to the petition clerk or any other officer appointed to work at the petition signing place.

Supply of date of birth lists to police forces and restrictions on use

13B

(1) The Chief Electoral Officer for Northern Ireland must, on receipt of a written request from a police force for a date of birth list prepared under regulation 13A(1)—

(a) if the request was for a copy of a date of birth list in printed form, provide the police force with a printed copy of the list specified in the request;

(b) if the request was for a date of birth list in data form, provide the police force with the data form of the list specified in the request.

(2) No person serving whether as a constable, officer or employee in a police force may—

(a) supply a date of birth list, or a copy of such a list, to any person,

(b) disclose any information contained in a date of birth list, or

otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in Northern Ireland or elsewhere).

(3) The restrictions in paragraph (2) apply to a person—

(a) to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b) to whom information in such a list has been disclosed under that paragraph,

as they apply to the persons referred to in that paragraph.

(4) In this regulation—

(a) “police force” means—

(i) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

(ii) a police force in Great Britain,

(iii) the National Crime Agency, or

(iv) any body of constables established under an Act of Parliament;

(b) the reference to an employee in a police force includes—

(i) any person working or providing services for the police force, and

(ii) any person employed by or on behalf of, or working for, a person referred to in sub-paragraph (i).

(5) The duty on the Chief Electoral Officer for Northern Ireland to supply a date of birth list under this regulation imposes only a duty to provide the list in the form in which the Chief Electoral Officer holds it.

(6) See also regulation 124A (offence of disclosure of date of birth list in breach of restrictions imposed under this regulation).

Court orders for production of date of birth lists: Northern Ireland

45A

(1) The High Court, a county court or a petition court may make an order for the inspection or production of a date of birth list prepared under regulation 13A(1), if satisfied by evidence on oath that the order is required for the purposes of—

(a) instituting or maintaining a prosecution for an offence in relation to a petition, or

(b) a recall petition complaint.

(2) An order under paragraph (1) may be made subject to conditions, including conditions relating to—

(a) the persons who may inspect the list or to whom the list may be produced,

(b) the time of inspection or production, and

(3) An appeal lies to the High Court from any order of a county court under paragraph (1).

(4) A power to make an order under paragraph (1)—

(a) in the case of a power of the High Court, may be exercised by any judge of the court otherwise than in open court, and

(b) in the case of a power of a county court, may be exercised in such manner as may be provided by rules of court.

(5) Where an order is made for the production of a date of birth list relating to a specified petition, the production of the list in the manner directed by the order is to be conclusive evidence that the list relates to the specified petition.

(6) A third party who has inspected a date of birth list or to whom a date of birth list has been produced pursuant to an order under paragraph (1) may not—

(a) supply the list, or a copy of it, to any person,

(b) disclose any information contained in it, or

otherwise than for the purposes of the proceedings in relation to which the order was made.

(7) The restrictions in paragraph (6) apply to a person—

(a) to whom a date of birth list (or copy) has been supplied under that paragraph, or

(b) to whom information in such a list has been disclosed under that paragraph,

as they apply to the third party to whom the list was first supplied.

(8) In this regulation, “third party” means a person other than a person to whom the Chief Electoral Officer for Northern Ireland may delegate functions.

(9) See also regulation 124A (offence of disclosure of date of birth list in breach of restrictions imposed under this regulation).

Retention and disposal of documents: England and Wales and Northern Ireland

Destruction of date of birth lists: Northern Ireland

46A

The Chief Electoral Officer for Northern Ireland must destroy the lists provided under regulation 19(3)(e)—

(a) on the next working day following the 21st day after the day on which the public notice of the outcome of the recall petition is given under section 14(2)(c) of the Act, or

(b) if a recall petition complaint is presented before that day, on the next working day following the conclusion of proceedings on the complaint or on appeal from such a complaint.

Retention and disposal of documents: Scotland

Access to marked registers

Verification of information provided in an application for absent signing

72A

(1) On receipt of an application made under Part 4 for absent signing at a particular petition in England, Wales or Scotland made otherwise than through the digital service, a registration officer must disclose the applicant’s name or names, address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Housing, Communities and Local Government in such format and through such an infrastructure system as the Secretary of State for Housing, Communities and Local Government may have notified to the registration officer in writing.

(2) Following receipt of the first stage information from the registration officer or, in the case of an application made through or partially completed using the digital service, from an applicant, the Secretary of State for Housing, Communities and Local Government may disclose the first stage information to the Secretary of State for Work and Pensions.

(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a) the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i) data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development); and

(ii) data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs); and

(b) any other information contained in such types of data which relates to the information disclosed under paragraph (2).

(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Housing, Communities and Local Government.

(5) On receipt of the second stage information, the Secretary of State for Housing, Communities and Local Government may disclose that information—

(a) to the Secretary of State for Work and Pensions, or

(b) to the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates.

(6) Paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (5)(a) as it applies to the first stage information disclosed under paragraph (2).

(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Housing, Communities and Local Government.

(8) On receipt of the third stage information, the Secretary of State for Housing, Communities and Local Government may—

(a) compare the third stage information against the information provided in the relevant absent voting application, and

(b) notify the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates, as to whether the comparison in sub-paragraph (a) resulted in a match.

(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Housing, Communities and Local Government in accordance with this regulation when determining the application.

(10) This regulation does not apply in relation to an application under Part 4 for absent signing at a particular petition—

(a) which is received by the registration officer after 5pm on the sixth day before the last day of the signing period for the petition for which it is made, and

(b) where regulation 71(4) or (4A) applies.

(11) In this regulation—

(a) “infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

(b) the reference in paragraph (1) to the applicant’s address is a reference to the address contained in the application in accordance with regulation 60(1)(b).

Power to request additional evidence in relation to absent signing applications where registration officer considers it necessary

72B

(1) This regulation applies where, upon receipt of an application under Part 4 for absent signing at a particular petition in England, Wales or Scotland, a registration officer considers additional evidence is necessary to verify the identity of the applicant.

(2) The registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents—

(a) the applicant’s passport;

(b) the applicant’s identity card issued in the European Economic Area;

(c) the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the Borders Act 2007;

(d) the applicant’s electoral identity card issued in Northern Ireland; or

(e) the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

(3) Where an applicant is not able to give one of the documents in paragraph (2), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of—

(a) one of the following documents, which, except in relation to paragraph (vii), must have been issued in the United Kingdom or Crown Dependencies—

(i) the applicant’s birth certificate;

(ii) the applicant’s marriage or civil partnership certificate;

(iii) the applicant’s adoption certificate;

(iv) the applicant’s firearms certificate granted under the Firearms Act 1968;

(v) the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976;

(vi) the applicant’s driving licence, which is not in the form of a photocard; or

(vii) the applicant’s driving licence granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom; and

(b) two other documents, each of which may be either from sub-paragraph (a) or from paragraph (4).

(4) Where the applicant is not able to give documents in accordance with paragraph (3), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name—

(a) a financial statement, including but not limited to—

(i) a mortgage statement;

(ii) a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;

(iii) a credit card statement;

(iv) a pension statement;

(b) a council tax demand letter or statement;

(d) a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(e) a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act.

(5) Where the applicant is registered, or has applied to be registered, in a register of parliamentary electors in pursuance of an overseas elector’s declaration—

(a) paragraph (3) applies as if, in sub-paragraph (a)(vii), the words from “and which must” to “Kingdom” were omitted;

(b) paragraph (4) applies as if after “kinds of evidence” there were inserted “, must have been issued in the United Kingdom or Crown Dependencies”.

(5A) If an applicant who is, or has applied to be, registered in a register of parliamentary electors other than in pursuance of an overseas elector’s declaration is unable to give the documentary evidence required under paragraphs (2) to (4), the registration officer may require that the applicant give an attestation which must—

(a) confirm that the applicant is the person named in the application;

(b) state that the person signing the attestation is aware of the penalty for providing false information to a registration officer;

(i) whom the registration officer is satisfied is of good standing in the community,

(ii) where the applicant is or to be registered in a local authority area—

(aa) in England or Wales, registered as an elector in a local authority area in England or Wales;

(bb) in Scotland, registered as an elector in a local authority area in Scotland,

(iii) who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant, and

(iv) who has not already signed a relevant identity attestation for two other applicants since, whichever is the later,—

(aa) the date on which the revised register in which that person’s name appears was last published under section 13(1) of the 1983 Act, or

(bb) the date on which a notice specifying that person’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued);

(d) state the full name, date of birth, address, electoral number and occupation of the person signing the attestation, and

(e) state the date on which it is made.

(6) If an applicant who is registered, or has applied to be registered, in a register of parliamentary electors in pursuance of an overseas elector’s declaration is unable to give the documentary evidence required under paragraphs (2) to (4), the registration officer may require that the applicant give an attestation which must—

(a) confirm that the applicant is the person named in the application,

(b) be in writing and signed by a qualifying attestor,

(c) state the qualifying attestor’s full name, date of birth, occupation, residential address and (if different) the address in respect of which the qualifying attestor is registered as an elector,

(d) state—

(i) where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the attestor’s British or Irish passport number together with its date and place of issue;

(ii) otherwise—

(aa) where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number), that digital registration number,

(bb) in all other cases, the qualifying attestor’s electoral number,

(e) include an explanation as to the qualifying attestor’s ability to confirm that the applicant is the person named in the application, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that that connection has existed,

(f) include—

(i) an indication that the qualifying attestor is aware of section 13D(1) of the 1983 Act (offence of provision of false information to a registration officer), and

(ii) a declaration by the qualifying attestor that all information provided in the attestation is true, and

(g) state the date on which it is made.

(7) In paragraph (6), a “qualifying attestor” is a person—

(a) where the applicant is or is to be registered in pursuance of an overseas elector’s declaration, who is aged 18 or over,

(b) who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(i) where the applicant is or is to be registered in pursuance of an overseas elector’s declaration, registered as an elector,

(ii) otherwise—

(aa) where the applicant is or is to be registered in a local authority area in England or Wales, registered as an elector in a local authority area in England or Wales,

(bb) where the applicant is or is to be registered in a local authority area in Scotland, registered as an elector in a local authority area in Scotland,

(d) except where the person is registered in pursuance of an overseas elector’s declaration, whom the registration officer is satisfied is of good standing in the community, and

(e) who has not already signed a relevant identity attestation for two other applicants since, whichever is the later,—

(i) the date on which the revised register in which the qualifying attestor’s name appears was last published under section 13(1) of the 1983 Act; or

(ii) the date on which a notice specifying the qualifying attestor’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued).

(8) In paragraphs (5A)(c)(iv) and (7)(e), a “relevant identity attestation” is an attestation provided in accordance with—

(a) paragraph (5A) or (6);

(b) regulation 26B(6) or (6ZA) or 56C(5A) or (6) of the 2001 Regulations;

(ca) regulation 25A(3) of the Representation of the People (Northern Ireland) Regulations 2008;

(d) paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012;

(e) regulation 7(6) of the Voter Identification Regulations 2022.

(9) Paragraphs (2) to (6) do not apply where the applicant is registered, or has applied to be registered, in the register of electors in pursuance of the following declarations—

(a) a service declaration on the grounds that the applicant is a Crown servant or the spouse or civil partner of a Crown servant;

(b) a service declaration on the grounds that the applicant is a member of the forces; or

(10) In the case of an application to which paragraph (9)(a) or (c) applies, the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents, which has been certified by a Crown servant or British Council employee or an officer of the forces, who is not the applicant’s spouse or civil partner—

(a) the applicant’s passport; or

(b) the applicant’s identity card issued in the European Economic Area.

(11) In the case of an application to which paragraph (9)(b) applies, the registration officer may require that the applicant give an attestation which must—

(a) confirm that the applicant is the person named in the application;

(b) be in writing and signed by an officer of the forces who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant;

(c) state the full name, address and rank of the person signing the attestation and the service (whether naval, military or air forces) in which they serve; and

(d) state the date on which it is made.

(12) In this regulation—

“Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man;

“Crown servant” has the meaning given by regulation 14 of the 2001 Regulations;

“member of the forces” has the same meaning as in section 59(1) of the 1983 Act;

“officer of the forces” means a member of the forces who is an officer.

(13) This paragraph does not apply in relation to an application under Part 4 for absent signing at a particular petition—

(a) which is received by the registration officer after 5pm on the sixth day before the last day of the signing period for the petition for which it is made, and

(b) where regulation 71(4) or (4A) applies.

Processing of information provided in connection with absent signing applications

72C

(1) If a person provides an original document under regulation 72B, the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In respect of an application under Part 4 for absent signing at a particular petition in England, Wales or Scotland, the registration officer must retain until the application has been determined—

(a) the application form or, in the case of an application made through the digital service, the information contained in the application transmitted to the registration officer by the Secretary of State;

(b) any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (1), a copy of such documents.

(3) Subject to paragraph (4), the registration officer may retain the application form, information and documents in paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in paragraph (2) by no later than the date which is 13 months from the date on which the registration officer determined the application for absent signing.

(4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.

(5) Information disclosed under regulation 72A must not be disclosed to any other person, except—

(a) for the purpose of determining the application for absent signing in connection with which the information was disclosed, or

(b) for the purpose of any civil or criminal proceedings.

(6) A person who discloses information in breach of paragraph (5) is guilty of an offence and liable—

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

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both);

(ii) in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

(7) Any information disclosed under regulation 72A must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Housing, Communities and Local Government in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

(8) In this regulation, “copy” includes an electronic copy.

Grant or refusal of applications

Notification postal signing entitlement is to end

73A

(1) This regulation applies in respect of a person who remains entitled to sign petitions held in England, Wales or Scotland by virtue of a postal signing entitlement which was granted for the maximum period (“the relevant person”).

(2) The registration officer must, before the end of the maximum period, send to the relevant person—

(a) a notice informing the person of the date on which the person’s entitlement to sign by post is to end, and

(b) information about how to make a fresh application to sign by post (as a person on the person’s own behalf or, as the case may be, as proxy).

(3) In this regulation—

“maximum period” means the period described in regulation 51(1A)(a) or (1B)(a) or 58(6A)(a);

“postal signing entitlement” means an entitlement to sign by post at recall petitions resulting from the grant of an application under regulation 51(1) or (7) or 58(5).

Appeals: England and Wales

Appeals: Scotland

Appeals: Northern Ireland

Notice of appeal

Cancellation of proxy appointment

Inquiries by registration officer

Records and lists kept under this Part

Marked register for petition signing place

Disclosure of date of birth lists: Northern Ireland

124A

(1) A person is guilty of an offence—

(a) if they fail to comply with any of the restrictions imposed under regulation 13B (supply of date of birth lists to police forces and restrictions on use) or regulation 45A (court orders for production of date of birth lists), or

(b) if they are an appropriate supervisor of a person (P) who fails to comply with any of those restrictions and they failed to take appropriate steps.

(2) P is not guilty of an offence under paragraph (1) if—

(a) P has an appropriate supervisor, and

(b) P has complied with all the requirements imposed on P by the appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under paragraph (1) if they take all reasonable steps to ensure that they comply with the restrictions.

(4) For the purposes of this regulation—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the restrictions.

(5) A person guilty of an offence as mentioned in paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Broadcasting from outside United Kingdom

Imitation of official petition notice

Disturbances at petition meetings: England and Wales and Scotland

Illegal canvassing by police officers

False statements as to MP or accredited campaigner

Payments for exhibition of petition notices

Details to appear on petition publications

Prohibition of paid canvassers

Providing money for illegal purposes

Bribery

Treating

Undue influence

Absent signing

Interference with notices

Corrupt and illegal practices

Form D: Official petition notice for an elector who may sign the petition in person

Form E: Official petition notice for an elector who may sign the petition by post

Form F: Official petition notice for a proxy who may sign the petition in person

Form G: Official petition notice for a proxy who may sign the petition by post

Form H Guidance for persons signing the petition

Form I Certificate of employment

Form J: Proxy paper

Form L: Statement as to postal petition signing sheets, proxies and additional data

Form M: Declaration of identity

Requirements of return of postal petition documents form

99A

(1) The requirements of this regulation are—

(a) the person handing in a postal petition document (“P”) completes a form containing the following information (a “return of postal petition documents form”)—

(i) P’s name and address,

(ii) whether P is handing in P’s own postal petition documents,

(iii) the number of other electors for whom P is handing in postal petition documents,

(iv) the total number of envelopes containing postal signing sheets P is handing in, including P’s own,

(v) the reason P is handing in postal petition documents for other electors,

(vi) a declaration by P that P has not handed in postal petition documents at any signing place or to the petition officer for a total of more than the number of electors other than P set out in regulation 99B(1)(c) or 102B(1)(c), including those being handed in at that time and either—

(aa) that to the best of P’s knowledge, P is not a political campaigner for whom it is an offence to handle the postal petition documents concerned in accordance with regulation 122A,

(bb) that P is a political campaigner and is only handing in postal petition documents for P and for P’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or someone for whom P provides regular care or for whom regular care is provided by an organisation which employs or engages P,

(b) the relevant officer has endorsed the return of postal petition documents form returned by P to confirm the relevant officer’s name and that—

(i) the relevant officer is satisfied that the form has been completed properly and provides the information required by paragraph (a),

(ii) the relevant officer does not suspect that the number of electors other than P for whom P is handing in postal petition documents exceeds the number of electors specified in regulation 99B(1)(b) or 102B(1)(b),

(iii) the relevant officer does not suspect that P is a political campaigner who is committing an offence under regulation 122A, and

(iv) the postal petition documents to which the form relates are not rejected.

(2) For the purposes of paragraph (1)(a)(vi)(bb), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

Rejection of postal petition documents handed in at a petition signing place

99B

(1) A relevant officer must reject—

(a) all postal petition documents handed in by P where P fails to fully complete the return of postal petition documents form with the required information;

(b) all postal petition documents handed in by P other than P’s own postal petition documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;

(c) a postal petition document handed in by P or all postal petition documents handed in together by P (other than P’s own postal petition documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal petition documents handed in by P on any previous occasion in respect of the same petition (whether to a signing place or to the petition officer and disregarding any that were rejected), P has handed in postal petition documents on behalf of more than five other electors.

(2) Where P hands in one or more proxy postal signing papers completed by P as proxy for another elector, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal signing papers P hands in.

(3) A relevant officer may reject a postal petition document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under regulation 122A.

Procedure for dealing with rejected postal petition documents handed in at a petition signing place

99C

(1) Where any postal petition document has been rejected in accordance with regulation 99B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal petition documents form and attach the form to the postal petition documents concerned.

(2) The petition clerk must make up a packet (or packets) of the rejected postal petition documents and the accompanying return of postal petition documents forms, sealed with the petition clerk’s own seal with a description of its contents written on each packet.

(3) Where a return of postal petition documents form relates to postal petition documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal petition documents, and the postal petition documents which have been rejected must be noted on it.

(4) The petition clerk must deliver, or cause to be delivered, those packets 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.

Postal petition documents left behind at a petition signing place

99D

(1) Where a person leaves a left behind postal petition document at a signing place, the relevant officer must reject that left behind postal petition document.

(2) The relevant officer must—

(a) write on a return of postal petition documents form to confirm that the postal petition document is a left behind postal petition document,

(b) write the relevant officer’s name on that form, and

(3) Left behind postal petition documents and the attached return of postal petition documents forms must be included in the packet of rejected postal petition documents and forms made up in accordance with regulation 99C(2).

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

Postal ballot boxes and receptacles

Receipt of covering envelopes

Postal petition documents handed in to the petition officer

102A

(1) Subject to paragraphs (2) and (3), the relevant officer must deliver to the petition officer—

(a) any postal petition document handed in under regulation 99(1)(a)(ii) or (b) before the end of the signing period, and

(b) the return of postal petition documents form completed in respect of it.

(2) A postal petition document may only be delivered to the petition officer in accordance with paragraph (1) if the requirements of regulation 99A are met and the document is not rejected in accordance with regulation 102B or 102D.

(3) Before delivering them to the petition officer in accordance with paragraph (1), the relevant officer must first make up into separate packets with a description of its contents written on each packet which is then sealed up—

(a) the postal petition documents;

(b) the return of postal petition documents forms for those postal petition documents.

Rejection of postal petition documents handed in to the petition officer

102B

(1) The relevant officer must reject—

(a) all postal petition documents handed in by P where P fails to fully complete the return of postal petition documents form with the required information;

(b) all postal petition documents handed in by P other than P’s own postal petition documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;

(c) a postal petition document handed in by P or all postal petition documents handed in together by P (other than P’s own postal petition documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal petition documents handed in by P on any previous occasion in respect of the same petition (whether to a signing place or to the petition officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other electors.

(2) Where P hands in one or more proxy postal petition documents completed by P as proxy for another elector, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal petition documents P hands in.

(3) The relevant officer may reject a postal petition document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under regulation 122A.

Procedure for dealing with rejected postal petition documents handed in to the petition officer

102C

(1) Where any postal petition document has been rejected in accordance with regulation 102B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal petition documents form and attach the form to the postal petition documents concerned.

(2) The relevant officer must make up a packet (or packets) of the rejected postal petition documents and the accompanying return of postal petition documents forms which must be sealed up with a description of its contents written on each packet.

(3) Where a return of postal petition documents form relates to postal petition documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal petition documents, and the postal petition documents which have been rejected must be noted on it.

(4) The relevant officer must deliver those packets to the petition officer before the end of the signing period.

Postal petition documents left behind with the petition officer

102D

(1) This regulation applies to a postal petition document to which regulation 102A(1) applies which is a left behind postal petition document.

(2) The relevant officer must—

(a) reject that left behind postal petition document,

(b) write on a return of postal petition documents form to confirm that the postal petition document is a left behind postal petition document,

(d) attach that form to the left behind postal petition document.

(3) Left behind postal petition documents and the attached return of postal petition documents forms must be included in the packet of rejected postal petition documents and forms made up in accordance with regulation 102C(2).

Opening of delivered or collected packets of postal petition documents

102E

(1) Paragraph (2) applies to the packets of postal petition documents delivered to or collected by the returning officer in accordance with regulation 99(2) or (3) or 102A(1).

(2) Regulations 101(6), 103(1) and 104 apply to a packet to which this paragraph applies as if that packet were a postal signers’ ballot box.

Opening of postal signers’ ballot box

Opening of covering envelopes

Procedure in relation to declarations of identity: Northern Ireland

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

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

Opening of signing sheet envelopes

Retrieval of cancelled postal signing sheets

Lists of rejected postal petition documents: England and Wales and Scotland

List of rejected postal petition documents: Northern Ireland

110A

(1) In respect of any petition, the petition officer must keep a list relating to rejected postal petition documents as required by this regulation.

(2) The petition officer must, subject to paragraph (5), record in relation to any elector whose postal petition documents were rejected in accordance with regulation 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.

(3) The specified reasons that may be given under sub-paragraph (2)(c) for the rejection of the postal petition documents are—

(a) the postal petition documents were handed in 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 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.

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

(5) The obligation in paragraph (2) does not apply where an elector’s rejected postal petition documents do not include a postal petition statement.

Checking lists of rejected postal petition documents: England and Wales and Scotland

Sealing of receptacles

Early termination of petition

Forwarding of documents

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

Notification of a rejected postal petition document: Northern Ireland

115A

(1) Where an absent signer for a petition in Northern Ireland appears on the list compiled under regulation 110A (lists of rejected postal petition documents) with an indication in accordance with regulation 110A(2)(d) that a postal signing sheet was included in the rejected postal petition documents—

(a) the petition officer 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 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;

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

(b) the petition 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

(c) the notification must include information as to which of the specified reasons referred to in regulation 110A(3) applied to the postal signing sheet.

(2) The petition 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 52(5) or regulation 58(7) at the time the petition officer proposes to send the notification, or

(b) where the petition officer suspects that an offence may have been committed in relation to the postal signing sheet 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 112A.

(3) A notification issued under paragraph (1) may also include any other information that the petition officer considers appropriate, but a notification must not include a date of birth or national insurance number.

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

Handling of postal petition documents by political campaigners

122A

(1) A person who is a political campaigner in respect of a petition commits an offence if the person handles a postal petition document that has been issued to another person for use in that petition.

(2) But a person who handles a postal petition document for use in a petition does not commit the offence if—

(a) the person is responsible for, or assists with, the conduct of that petition (for example as a petition officer or a person working under the direction of a petition officer),

(b) the person is engaged in the business of a postal operator, or

(c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building,

and the handling is consistent with the person’s duties in that capacity.

(3) Nor does a person commit the offence if the person—

(a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or

(b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person.

(4) It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal petition document for the purpose of promoting a particular outcome of a petition.

(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under paragraph (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6) A person is guilty of a corrupt practice if the person—

(a) commits the offence under paragraph (1), or

(b) aids, abets, counsels or procures the commission of that offence.

(7) For the purposes of this regulation a person is a political campaigner in respect of a petition if any of the following applies—

(a) the person is the MP who is subject to the petition process;

(b) the person is employed or engaged by the MP who is subject to the petition process for the purposes of their activities as an MP;

(c) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome of the petition;

(d) the person is employed or engaged by a registered political party in connection with the party’s political activities;

(e) the person is employed or engaged by a person within any of sub-paragraphs (a) to (d) to carry on an activity designed to promote a particular outcome of the petition;

(f) the person is employed or engaged by a person within sub-paragraph (e) to carry on an activity designed to promote a particular outcome of the petition;

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

(8) In this regulation—

“postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011;

“postal petition document” includes an envelope that has been issued to a person for the purpose of enabling the person to sign a petition by post.

(9) For the purposes of this regulation, an envelope—

(a) that is not a postal petition document, but

(b) that contains a postal signing sheet, postal petition statement or declaration of identity that has been issued to a person for the purpose of enabling the person to sign a petition by post,

is to be treated as if it were a postal petition document that has been issued to the person for use in the petition.

(10) In this regulation, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment.

(11) For the purposes of paragraph (3)(a), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

Requirement of secrecy

Prohibition on publication of exit polls

Disclosure of date of birth lists: Northern Ireland

Broadcasting from outside United Kingdom

Imitation of official petition notice

Disturbances at petition meetings: England and Wales and Scotland

Illegal canvassing by police officers

False statements as to MP or accredited campaigner

Payments for exhibition of petition notices

Details to appear on petition publications

Prohibition of paid canvassers

Providing money for illegal purposes

Bribery

Treating

Undue influence

Absent signing

Interference with notices

Corrupt and illegal practices

Influencing persons signing a petition

123A

(1) A person who—

(a) is with or near a person at a petition signing place when that other person has received a signing sheet, and

(b) intends to influence that other person to sign that petition or to refrain from signing that petition,

commits an offence.

(2) For the purposes of this regulation, endorsement of a person’s signing sheet, in accordance with regulation 29, is not influencing that person to sign that petition or to refrain from signing that petition.

(3) A person who commits an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine or to both.

Prohibition on publication of exit polls

Disclosure of date of birth lists: Northern Ireland

Broadcasting from outside United Kingdom

Imitation of official petition notice

Disturbances at petition meetings: England and Wales and Scotland

Illegal canvassing by police officers

False statements as to MP or accredited campaigner

Payments for exhibition of petition notices

Details to appear on petition publications

Prohibition of paid canvassers

Providing money for illegal purposes

Bribery

Treating

Undue influence

Absent signing

Interference with notices

Corrupt and illegal practices

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