The Voter Identification Regulations 2022

and in respect of a presiding officer for a mayoral election in England only— (a) refuse to deliver a ballot paper under rule 35(3A) or rule 37(1F) (including that rule as applied by rules 38, 39 or 40), or (b) resolve doubts over identity as mentioned in rule 37(1G) (including that rule as applied by rule 38, 39 or 40).

• (6) In rule 28 (equipment of polling stations), before paragraph (7) insert—

(6B) In the case of a mayoral election held in England— (a) the returning officer must also provide each polling station with a ballot paper refusal list, in the appropriate form in the Appendix or a form to the like effect, on which entries are to be made as mentioned in rule 41A (refusal to deliver ballot paper: mayoral elections in England); (b) a large notice must be displayed inside each polling station containing— (i) relevant identification details, and (ii) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the elector or proxy that the voter claims to be. (6C) In paragraph (6B)(b)(i), “relevant identification details” means details of the documents the voter needs to produce when applying for a ballot paper, namely— (a) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules); (b) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.

• (7) In rule 35 (questions to be put to voters)—

• (a) in the table following paragraph (1), in the column headed “Question”, in entry 1 (electors), entry 2 (proxies), entry 3 (proxies for an elector with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

(za) At a mayoral election held in England, “What is your name?” (zb) At a mayoral election held in England, “What is your address?”

• (b) after paragraph (2) insert—

(2A) In the case of a mayoral election held in England, where a clerk— (a) gives a person the required information (see paragraph (5)), (b) puts a question specified in paragraph (1) to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.

• (c) in paragraph (3), for “A” substitute “In the case of a mayoral election in Wales, a”;

• (d) after paragraph (3) insert—

(3A) In the case of a mayoral election held in England, where the presiding officer— (a) gives a person the required information, (b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person (and see rule 41A (procedure where ballot paper is refused under this paragraph)). (3B) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of local government electors; (b) where both those questions are put, the answers match a name and address in that register that relate to the same person. (3C) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3B) are to be read as references to the notice issued under section 13B(3B) or (3D).

• (e) in paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote)”;

• (f) after paragraph (4) insert—

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that— (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.

• (8) In rule 37 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 35(3A) and to paragraphs (1A) to (1N), a”;

• (ii) in sub-paragraph (a), at the beginning insert “in the case of a mayoral election in Wales only,”;

• (b) after paragraph (1) insert—

(1A) Paragraphs (1B) to (1N) apply in the case of a mayoral election held in England. (1B) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk. (1C) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter. (1D) Paragraph (1E) applies in relation to a voter where— (a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document. (1E) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place. (1F) The presiding officer must refuse to deliver a ballot paper to a voter where— (a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document. (1G) Paragraph (1F)(a) does not apply where— (a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be. (1H) The refusal to deliver a ballot paper to a voter under paragraph (1F) does not prevent the voter making a further application under paragraph (1), and paragraphs (1B) to (1G) apply on any further application. (1I) In this rule, a “forged document” means a false document made to resemble a specified document. (1J) In this rule, a “specified document”— (a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules); (b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which— (i) was issued by the registration officer for the local authority in whose area the election is held, and (ii) contains the number— (aa) allocated to the voter as stated in the copy of the register of electors, or (bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (1K) Subject to paragraph (1L), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it. (1L) Paragraph (1K) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued. (1M) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter. (1N) References in this rule to producing a document are to producing it for inspection.

• (c) in paragraph (2), after “elector” insert “in respect of a mayoral election in Wales”.

• (9) In rule 38 (votes marked by presiding officer)—

• (a) in paragraph (1), for “The” substitute “Subject to paragraph (1A), the”;

• (b) after paragraph (1) insert—

(1A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if— (a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and (b) in rule 37(1H), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

• (10) In rule 39 (voting by persons with disabilities)—

• (a) in paragraph (2), for “If” substitute “Subject to paragraph (2A), if”;

• (b) after paragraph (2) insert—

(2A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if— (a) references to delivering a ballot paper to a voter were to granting a voter’s application, and (b) in rule 37(1H), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

• (11) In rule 40 (tendered ballot papers – circumstances where available), after paragraph (6) insert—

(7) Paragraphs (1B) to (1N) of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule at a mayoral election held in England as they apply in the case of a voter who applies for a ballot paper under rule 37(1), but as if, in rule 37(1H) the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

• (12) After rule 41 (tendered ballot papers – general provisions) insert—

(41A) (1) This rule applies in relation to a mayoral election held in England. (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list— (a) the voter’s electoral number, and (b) against that number, the reason for the refusal. (3) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the name and address of the voter, and (b) against those details, the reason for the refusal. (4) Paragraphs (5) and (6) apply where— (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1F), and (b) the voter makes a further application as permitted by rule 37(1H). (5) If a ballot paper is delivered to the voter following that application, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (6) If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (7) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter). (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 of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (9) Subject to rule 37(1H) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever. (10) A refusal to deliver a ballot paper to a voter is subject to review on an election petition. (11) In this rule— (a) except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3A) or 37(1F), and (b) any reference to paragraph (1F) or (1H) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40. (41B) (1) This rule applies in relation to a mayoral election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act (reports on voter identification requirements in respect of local government elections) applies by virtue of subsection (5A) of that section. (2) The presiding officer must— (a) collect the information described in regulation 34 of the Voter Identification Regulations 2022 (collection of information by presiding officer) relating to applications made under rules 37(1), 38(1), 39(1) or 40(1), and (b) provide that information to the returning officer as soon as practicable after the close of the poll. (3) The returning officer must forward the information to the relevant registration officer. (4) As soon as reasonably practicable after receiving the information the relevant registration officer must— (a) anonymise the information by removing from it all names and electoral numbers of the people to whom the information relates, and (b) collate the information in accordance with regulation 35 of the Voter Identification Regulations 2022 (collation of information by relevant registration officer). The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (4) information”. (5) The relevant registration officer must provide the paragraph (4) information— (a) to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (4), and (b) where they request the information, to the Electoral Commission. (6) The relevant registration officer must not disclose the paragraph (4) information otherwise than in accordance with paragraph (5). (7) The relevant registration officer must retain the information anonymised in accordance with paragraph (4)(a) for at least 10 years. (8) For the purpose of paragraph (4)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (9) Except as provided by paragraph (10), a disclosure of information under this rule does not breach— (a) any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or (b) any other restriction on the disclosure of information (however imposed). (10) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account). (11) In this rule— (a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018; (b) references to the relevant registration officer are to the registration officer of the local authority in whose area the election is held.

• (13) In rule 45 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da) in the case of a mayoral election held in England, the ballot paper refusal list completed in accordance with rule 41A,

• (14) In rule 56 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (a) insert—

(aa) in the case of a mayoral election held in England, the completed ballot paper refusal list, or

• (15) In rule 58 (orders for production of documents), after paragraph (1) insert—

(1A) An order— (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or (b) for the inspection or production of that list, may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to a mayoral election held in England.

• (16) In the Appendix of Forms—

• (a) in the list of forms—

• (i) in the entry for Form 8 (elector’s official poll card), at the end insert “(for use at mayoral elections in Wales)”;

• (ii) after the entry for Form 8, insert “Form 8A: Elector’s official poll card (for use at mayoral elections in England)”;

• (iii) in the entry for Form 10 (official proxy poll card), at the end insert “(for use at mayoral elections in Wales)”;

• (iv) after the entry for Form 10, insert “Form 10A: Official proxy poll card (for use at mayoral elections in England)”;

• (v) after the entry for Form 11 (official proxy postal poll card) insert “Form 11A: Ballot Paper Refusal List”;

• (vi) in the entry for Form 12 (directions for guidance of voters), at the end insert “(for use at mayoral elections in Wales)”;

• (vii) after the entry for Form 12, insert “Form 12A: Directions for guidance of voters (for use at mayoral elections in England)”;

• (b) after Form 8, insert new Form 8A as set out in Part 2 of Schedule 7;

• (c) after Form 10, insert new Form 10A as set out in Part 2 of Schedule 7;

• (d) after Form 11, insert new Form 11A as set out in Part 2 of Schedule 7;

• (e) after Form 12, insert new Form 12A as set out in Part 2 of Schedule 7.

Amendment of the Local Authorities (Conduct of Referendums) (England) Regulations 2012

46

The Local Authorities (Conduct of Referendums) (England) Regulations 2012 are amended in accordance with regulations 47 to 50.

Amendment of regulation 13 (combination of referendum polls: supplementary)

47

In regulation 13 (combination of referendum polls: supplementary), in paragraph (3)(a)(vii) at the end insert “, except the functions in rule 17(5A)”.

Amendment of Schedule 3 (local government act referendum rules)

48

• (1) Schedule 3 (local government act referendum rules) is amended as follows.

• (2) In the list of contents, at the appropriate place insert “30A Refusal to deliver ballot paper”.

• (3) In rule 2 (interpretation), for paragraph (1) substitute—

(1) In these Rules— - “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022; - “voter” means a person entitled to vote on his or her own behalf.

• (4) In rule 14 (provision of polling stations), after paragraph (4) insert—

(5) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.

• (5) In rule 15 (appointment of presiding officers and polling clerks), in paragraph (3) for the words from “except” to the end substitute—

except— (a) order the arrest, exclusion or removal of any person from the polling station, (b) refuse to deliver a ballot paper under rule 24(3) or rule 26(1E) (including that rule as applied by rule 27, 28 or 29), or (c) resolve doubts over identity as mentioned in rule 26(1F) (including that paragraph as applied by rule 27, 28 or 29).

• (6) In rule 17 (equipment of polling stations)—

• (a) in paragraph (5)—

• (i) in sub-paragraph (a), omit the final “and”;

• (ii) after sub-paragraph (a) insert—

(aa) a ballot paper refusal list, in the form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 30A (refusal to deliver ballot paper); and

• (b) after paragraph (6) insert—

(6A) A large notice must be displayed inside each polling station containing— (a) details of the documents the voter or proxy needs to produce when applying for a ballot paper, namely— (i) in the case of a voter (other than a voter with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules); (ii) in the case of a voter with an anonymous entry, the voter’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and (b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the voter or proxy that the voter or proxy claims to be.

• (7) In rule 24 (questions to be put to voters and proxies)—

• (a) in the table following paragraph (1), in the column headed “Questions”, in entry 1 (voters), entry 2 (proxies), entry 3 (proxies for a voter with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

(za) What is your name? (zb) What is your address?

• (b) after paragraph (2) insert—

(2A) Where a clerk— (a) gives a person the required information (see paragraph (5)), (b) puts a question specified in paragraph (1) to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.

• (c) for paragraph (3) substitute—

(3) Where the presiding officer— (a) gives the person the required information, (b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person (and see rule 30A for the procedure where a ballot paper is refused under this paragraph). (3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of electors; (b) where both those questions are put, the answers match a name and address in that register that relate to the same person. (3B) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

• (d) in paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a person is not to be regarded as an inquiry as to the right of the person to vote)”;

• (e) after paragraph (4) insert—

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that— (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.

• (8) In rule 26 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 24(3) and to paragraphs (1A) to (1M), a”;

• (ii) omit sub-paragraph (a);

• (b) after paragraph (1) insert—

(1A) A ballot paper must not be delivered to a voter or proxy unless the voter or proxy produces a specified document to the presiding officer or a clerk. (1B) The presiding officer or clerk must arrange for the voter or proxy to produce any document in a private area of the polling station if the voter or proxy so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter or proxy. (1C) Paragraph (1D) applies in relation to a voter or proxy where— (a) the voter or proxy produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or (b) the voter or proxy produces a document to a clerk that the clerk reasonably suspects to be a forged document. (1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter or proxy had produced the document to the presiding officer in the first place. (1E) The presiding officer must refuse to deliver a ballot paper to a voter or proxy where— (a) the voter or proxy produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or (b) the voter or proxy produces a document to the officer that the officer reasonably suspects to be a forged document. (1F) Paragraph (1E)(a) does not apply where— (a) a discrepancy between the name of the holder of a specified document and the name of the voter or proxy that the voter or proxy claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter or proxy producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter or proxy) to doubt that the voter or proxy is the voter or proxy that the voter or proxy claims to be. (1G) The refusal to deliver a ballot paper to a voter or proxy under paragraph (1E) does not prevent the voter or proxy making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application. (1H) In this rule, a “forged document” means a false document made to resemble a specified document. (1I) In this rule, a “specified document”— (a) except in the case of a voter or proxy who has an anonymous entry in the register of electors, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules); (b) in the case of a voter or proxy who has an anonymous entry in the register of electors, means an anonymous elector’s document which— (i) was issued by the registration officer for the local authority in whose area the referendum is held, and (ii) contains the number— (aa) allocated to the voter or proxy as stated in the copy of the register of electors, or (bb) where an entry relating to the voter or proxy is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it. (1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the referendum is after the date for which the document is issued. (1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s or proxy’s identity, except as permitted by the voter or proxy. (1M) References in this rule to producing a document are to producing it for inspection.

• (c) in paragraph (2), omit the words from “and only” to the end;

• (d) omit paragraph (3)(a).

• (9) In rule 27 (votes marked by the presiding officer)—

• (a) in paragraph (1), for “The” substitute “Subject to paragraph (1A), the”;

• (b) after paragraph (1) insert—

(1A) Paragraphs (1A) to (1M) of rule 26 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 26(1), but as if— (a) references to delivering a ballot paper to a voter or proxy were to causing a voter’s or proxy’s vote to be marked on a ballot paper, and (b) in rule 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule.

• (10) In rule 28 (voting by persons with disabilities)—

• (a) in paragraph (2), for “If” substitute “Subject to paragraph (2A), if”;

• (b) after paragraph (2) insert—

(2A) Paragraphs (1A) to (1M) of rule 26 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 26(1), but as if— (a) references to delivering a ballot paper to a voter or proxy were to granting a voter’s or proxy’s application, and (b) in rule 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule.

• (11) In rule 29 (tendered ballot papers: circumstances where available), after paragraph (6) insert—

(7) Paragraphs (1A) to (1M) of rule 26 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter or proxy who applies for a ballot paper under rule 26(1), but as if in rule 26(1G), the reference to making a further application under paragraph (1) of rule 26 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.

• (12) After rule 30 (tendered ballot papers: general provisions) insert—

(30A) (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the voter’s electoral number, and (b) against that number, the reason for the refusal. (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the name and address of the voter, and (b) against those details, the reason for the refusal. (3) Paragraphs (4) and (5) apply where— (a) a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 26(1E), and (b) the voter or proxy makes a further application under rule 26(1). (4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy). (7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (8) Subject to rule 26(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever. (9) A refusal to deliver a ballot paper to a voter or proxy is subject to review on a referendum petition. (10) In this rule— (a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 24(3) or 26(1E), and (b) any reference to paragraph (1E) or (1G) of rule 26 includes a reference to that paragraph as applied by rule 27, 28 or 29.

• (13) In rule 34 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da) the ballot paper refusal list completed in accordance with rule 30A;

• (14) In rule 42 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (b) insert—

(ba) the completed ballot paper refusal list;

• (15) In rule 43 (delivery of documents to relevant registration officer), in paragraph (1) after sub-paragraph (d) insert—

(da) the packet containing the completed ballot paper refusal list;

• (16) In rule 44 (orders for production of documents), after paragraph (1) insert—

(1A) An order— (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or (b) for the inspection or production of that list, may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of a referendum petition.

• (17) In Part 8 (appendix of forms)—

• (a) in the list of forms, after the entry “Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)” insert “Ballot Paper Refusal List”;

• (b) for the form of the Official Poll Card (to be sent to a voter voting in person) substitute the corresponding form in Part 1 of Schedule 8;

• (c) for the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding form in Part 1 of Schedule 8;

• (d) after the form of the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) insert the ballot paper refusal list form as set out in Part 1 of Schedule 8;

• (e) for the form of directions for the guidance of the voters and proxies in voting, substitute the corresponding form in Part 1 of Schedule 8.

Amendment of Schedule 4 (application, with modifications, of Acts and subordinate legislation)

49

• (1) Schedule 4 (application, with modifications, of Acts and subordinate legislation) is amended as follows.

• (2) In Table 1 (Representation of the People Act 1983), in the entry for section 61 (other voting offences), in the second column, after the text relating to subsections (2) to (4) insert—

In subsection (6ZB), for “, (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c)” substitute “and (3)(a)(i)”.

• (3) In Table 6 (Representation of the People (England and Wales) Regulations 2001)—

• (a) in the entry for regulation 55A, in the first column, at the end insert “: grounds relating to occupation, service or employment”;

• (b) after that entry insert—

Regulation 55B (additional requirements for application for an emergency proxy vote in respect of a particular election: grounds relating to voter identification)

• (c) for the entry for regulation 56 substitute—

Regulation 56 (closing dates for applications)	In paragraphs (1) to (3A), after “election” in each place insert “or referendum”. In paragraph (3D), after “election” in the second and third places it occurs insert “or referendum”. In paragraphs (4) to (5A) and (7)(b), after “election” in each place insert “or referendum”.
Regulation 56A (grounds relating to voter identification)	In paragraph (3)— in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”; in sub-paragraph (b)(i) and (ii), after “election” insert “or referendum”. In paragraph (6)— in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”; in sub-paragraph (b), after “election” in the first place it occurs insert “or referendum”.

Amendment of Schedule 5 (local government act referendum combination of polls rules)

50

• (1) Schedule 5 (local government act referendum combination of polls rules) is amended as follows.

• (2) In the list of contents, in the appropriate place insert “32A Refusal to deliver ballot paper”.

• (3) In rule 2 (interpretation), in paragraph (1)—

• (a) before the definition of “relevant returning or counting officer” insert—

• “anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

• (b) after the definition of “relevant returning or counting officer” insert—

• “temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

• (4) In rule 14 (provision of polling stations), after paragraph (6) insert—

(7) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.

• (5) In rule 15 (appointment of presiding officers and polling clerks), in paragraph (3) for the words from “except” to the end substitute—

except— (a) order the arrest, exclusion or removal of any person from the polling station, (b) refuse to deliver a ballot paper under rule 26(3) or rule 28(1E) (including that rule as applied by rule 29, 30 or 31), or (c) resolve doubts over identity as mentioned in rule 28(1F) (including that paragraph as applied by rule 29, 30 or 31).

• (6) In rule 17 (equipment of polling stations)—

• (a) after paragraph (5) insert—

(5A) The counting officer must provide each polling station with a ballot paper refusal list, in the form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 32A (refusal to deliver ballot paper).

• (b) after paragraph (8) insert—

(8A) A large notice must be displayed inside each polling station containing— (a) details of the documents the voter or proxy needs to produce when applying for a ballot paper, namely— (i) in the case of a voter (other than a voter with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules); (ii) in the case of a voter with an anonymous entry, the voter’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and (b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the voter or proxy that the voter or proxy claims to be.

• (7) In rule 26 (questions to be put to voters and proxies)—

• (a) in the table following paragraph (1), in the column headed “Questions”, in entry 1 (voters), entry 2 (proxies), entry 3 (proxies for a voter with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

(za) What is your name? (zb) What is your address?

• (b) after paragraph (2) insert—

(2A) Where a clerk— (a) gives a person the required information (see paragraph (5)), (b) puts a question specified in paragraph (1) to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.

• (c) for paragraph (3) substitute—

(3) Where the presiding officer— (a) gives the person the required information, (b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person (and see rule 32A for the procedure where a ballot paper is refused under this paragraph). (3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of electors; (b) where both those questions are put, the answers match a name and address in that register that relate to the same person. (3B) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

• (d) in paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a person is not to be regarded as an inquiry as to the right of the person to vote)”;

• (e) after paragraph (4) insert—

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that— (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.

• (8) In rule 28 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 26(3) and to paragraphs (1A) to (1M), a”;

• (ii) omit sub-paragraph (a);

• (b) after paragraph (1) insert—

(1A) A ballot paper must not be delivered to a voter or proxy unless the voter or proxy produces a specified document to the presiding officer or a clerk. (1B) The presiding officer or clerk must arrange for the voter or proxy to produce any document in a private area of the polling station if the voter or proxy so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter or proxy. (1C) Paragraph (1D) applies in relation to a voter or proxy where— (a) the voter or proxy produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or (b) the voter or proxy produces a document to a clerk that the clerk reasonably suspects to be a forged document. (1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter or proxy had produced the document to the presiding officer in the first place. (1E) The presiding officer must refuse to deliver a ballot paper to a voter or proxy where— (a) the voter or proxy produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or (b) the voter or proxy produces a document to the officer that the officer reasonably suspects to be a forged document. (1F) Paragraph (1E)(a) does not apply where— (a) a discrepancy between the name of the holder of a specified document and the name of the voter or proxy that the voter or proxy claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter or proxy producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter or proxy) to doubt that the voter or proxy is the voter or proxy that the voter or proxy claims to be. (1G) The refusal to deliver a ballot paper to a voter or proxy under paragraph (1E) does not prevent the voter or proxy making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application. (1H) In this rule, a “forged document” means a false document made to resemble a specified document. (1I) In this rule, a “specified document”— (a) except in the case of a voter or proxy who has an anonymous entry in the register of electors, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules); (b) in the case of a voter or proxy who has an anonymous entry in the register of electors, means an anonymous elector’s document which— (i) was issued by the registration officer for the local authority in whose area the referendum is held, and (ii) contains the number— (aa) allocated to the voter or proxy as stated in the copy of the register of electors, or (bb) where an entry relating to the voter or proxy is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it. (1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the referendum is after the date for which the document is issued. (1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s or proxy’s identity, except as permitted by the voter or proxy. (1M) References in this rule to producing a document are to producing it for inspection.

• (c) in paragraph (2), omit the words from “and only” to the end;

• (d) omit paragraph (3)(a).

• (9) In rule 29 (votes marked by the presiding officer)—

• (a) in paragraph (1), for “The” substitute “Subject to paragraph (1A), the”;

• (b) after paragraph (1) insert—

(1A) Paragraphs (1A) to (1M) of rule 28 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 28(1), but as if— (a) references to delivering a ballot paper to a voter or proxy were to causing a voter’s or proxy’s vote to be marked on a ballot paper, and (b) in rule 28(1G), the reference to paragraph (1) of rule 28 were to paragraph (1) of this rule.

• (10) In rule 30 (voting by persons with disabilities)—

• (a) in paragraph (2), for “If” substitute “Subject to paragraph (2A), if”;

• (b) after paragraph (2) insert—

(2A) Paragraphs (1A) to (1M) of rule 28 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 28(1), but as if— (a) references to delivering a ballot paper to a voter or proxy were to granting a voter’s or proxy’s application, and (b) in rule 28(1G), the reference to paragraph (1) of rule 28 were to paragraph (1) of this rule.

• (11) In rule 31 (tendered ballot papers: circumstances where available), after paragraph (6) insert—

(7) Paragraphs (1A) to (1M) of rule 28 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter or proxy who applies for a ballot paper under rule 28(1), but as if in rule 28(1G), the reference to making a further application under paragraph (1) of rule 28 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.

• (12) After rule 32 (tendered ballot papers: general provisions) insert—

(32A) (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the voter’s electoral number, and (b) against that number, the reason for the refusal. (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the name and address of the voter, and (b) against those details, the reason for the refusal. (3) Paragraphs (4) and (5) apply where— (a) a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 28(1E), and (b) the voter or proxy makes a further application under rule 28(1). (4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy). (7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (8) Subject to rule 28(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever. (9) A refusal to deliver a ballot paper to a voter or proxy is subject to review on a referendum petition. (10) In this rule— (a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 26(3) or 28(1E), and (b) any reference to paragraph (1E) or (1G) of rule 28 includes a reference to that paragraph as applied by rule 29, 30 or 31.

• (13) In rule 36 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da) the ballot paper refusal list completed in accordance with rule 32A;

• (14) In rule 44 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (a) insert—

(aa) the completed ballot paper refusal list; or

• (15) In rule 45 (delivery of documents to relevant registration officer), in paragraph (1) after sub-paragraph (d) insert—

(da) the packet containing the completed ballot paper refusal list;

• (16) In rule 46 (orders for production of documents), after paragraph (1) insert—

(1A) An order— (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or (b) for the inspection or production of that list, may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of a referendum petition.

• (17) In Part 8 (appendix of forms)—

• (a) in the list of forms, after the entry “Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)” insert “Ballot Paper Refusal List”;

• (b) for the form of the Official Poll Card (to be sent to a voter voting in person) substitute the corresponding form in Part 2 of Schedule 8;

• (c) for the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding form in Part 2 of Schedule 8;

• (d) after the form of the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) insert the ballot paper refusal list form as set out in Part 2 of Schedule 8;

• (e) for the form of directions for the guidance of the voters and proxies in voting, substitute the corresponding form in Part 2 of Schedule 8.

Amendment of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

51

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 are amended in accordance with regulations 52 to 54.

Amendment of Schedule 3 (local government finance act referendum rules)

52

• (1) Schedule 3 (local government finance act referendum rules) is amended as follows.

• (2) In the list of contents, at the appropriate place insert “30A Refusal to deliver ballot paper”.

• (3) In rule 2 (interpretation), for paragraph (1) substitute—

(1) In these Rules— - “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022; - “voter” means a person entitled to vote on his or her own behalf.

• (4) In rule 14 (provision of polling stations), after paragraph (4) insert—

(5) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.

• (5) In rule 15 (appointment of presiding officers and polling clerks), in paragraph (3) for the words from “except” to the end substitute—

except— (a) order the arrest, exclusion or removal of any person from the polling station, (b) refuse to deliver a ballot paper under rule 24(3) or rule 26(1E) (including that rule as applied by rule 27, 28 or 29), or (c) resolve doubts over identity as mentioned in rule 26(1F) (including that paragraph as applied by rule 27, 28 or 29).

• (6) In rule 17 (equipment of polling stations)—

• (a) in paragraph (5)—

• (i) in sub-paragraph (a), omit the final “and”;

• (ii) after sub-paragraph (a) insert—

(aa) a ballot paper refusal list, in the form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 30A (refusal to deliver ballot paper); and

• (b) after paragraph (6) insert—

(6A) A large notice must be displayed inside each polling station containing— (a) details of the documents the voter or proxy needs to produce when applying for a ballot paper, namely— (i) in the case of a voter (other than a voter with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules); (ii) in the case of a voter with an anonymous entry, the voter’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and (b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the voter or proxy that the voter or proxy claims to be.

• (7) In rule 24 (questions to be put to voters and proxies)—

• (a) in the table following paragraph (1), in the column headed “Questions”, in entry 1 (voters), entry 2 (proxies), entry 3 (proxies for a voter with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

(za) What is your name? (zb) What is your address?

• (b) after paragraph (2) insert—

(2A) Where a clerk— (a) gives a person the required information (see paragraph (5)), (b) puts a question specified in paragraph (1) to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.

• (c) for paragraph (3) substitute—

(3) Where the presiding officer— (a) gives the person the required information, (b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person (and see rule 30A for the procedure where a ballot paper is refused under this paragraph). (3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— (a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of electors; (b) where both those questions are put, the answers match a name and address in that register that relate to the same person. (3B) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

• (d) in paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a person is not to be regarded as an inquiry as to the right of the person to vote)”;

• (e) after paragraph (4) insert—

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that— (a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.

• (8) In rule 26 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 24(3) and to paragraphs (1A) to (1M), a”;

• (ii) omit sub-paragraph (a);

• (b) after paragraph (1) insert—

(1A) A ballot paper must not be delivered to a voter or proxy unless the voter or proxy produces a specified document to the presiding officer or a clerk. (1B) The presiding officer or clerk must arrange for the voter or proxy to produce any document in a private area of the polling station if the voter or proxy so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter or proxy. (1C) Paragraph (1D) applies in relation to a voter or proxy where— (a) the voter or proxy produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or (b) the voter or proxy produces a document to a clerk that the clerk reasonably suspects to be a forged document. (1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter or proxy had produced the document to the presiding officer in the first place. (1E) The presiding officer must refuse to deliver a ballot paper to a voter or proxy where— (a) the voter or proxy produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or (b) the voter or proxy produces a document to the officer that the officer reasonably suspects to be a forged document. (1F) Paragraph (1E)(a) does not apply where— (a) a discrepancy between the name of the holder of a specified document and the name of the voter or proxy that the voter or proxy claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter or proxy producing further proof of identity, and (b) the presiding officer has no other reason (arising from any document produced by the voter or proxy) to doubt that the voter or proxy is the voter or proxy that the voter or proxy claims to be. (1G) The refusal to deliver a ballot paper to a voter or proxy under paragraph (1E) does not prevent the voter or proxy making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application. (1H) In this rule, a “forged document” means a false document made to resemble a specified document. (1I) In this rule, a “specified document”— (a) except in the case of a voter or proxy who has an anonymous entry in the register of electors, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules); (b) in the case of a voter or proxy who has an anonymous entry in the register of electors, means an anonymous elector’s document which— (i) was issued by the registration officer for the local authority in whose area the referendum is held, and (ii) contains the number— (aa) allocated to the voter or proxy as stated in the copy of the register of electors, or (bb) where an entry relating to the voter or proxy is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it. (1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the referendum is after the date for which the document is issued. (1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s or proxy’s identity, except as permitted by the voter or proxy. (1M) References in this rule to producing a document are to producing it for inspection.

• (c) in paragraph (2), omit the words from “and only” to the end;

• (d) omit paragraph (3)(a).

• (9) In rule 27 (votes marked by the presiding officer)—

• (a) in paragraph (1), for “The” substitute “Subject to paragraph (1A), the”;

• (b) after paragraph (1) insert—

(1A) Paragraphs (1A) to (1M) of rule 26 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 26(1), but as if— (a) references to delivering a ballot paper to a voter or proxy were to causing a voter’s or proxy’s vote to be marked on a ballot paper, and (b) in rule 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule.

• (10) In rule 28 (voting by persons with disabilities)—

• (a) in paragraph (2), for “If” substitute “Subject to paragraph (2A), if”;

• (b) after paragraph (2) insert—

(2A) Paragraphs (1A) to (1M) of rule 26 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 26(1), but as if— (a) references to delivering a ballot paper to a voter or proxy were to granting a voter’s or proxy’s application, and (b) in rule 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule.

• (11) In rule 29 (tendered ballot papers: circumstances where available), after paragraph (6) insert—

(7) Paragraphs (1A) to (1M) of rule 26 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter or proxy who applies for a ballot paper under rule 26(1), but as if in rule 26(1G), the reference to making a further application under paragraph (1) of rule 26 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.

• (12) After rule 30 (tendered ballot papers: general provisions) insert—

(30A) (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the voter’s electoral number, and (b) against that number, the reason for the refusal. (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the name and address of the voter, and (b) against those details, the reason for the refusal. (3) Paragraphs (4) and (5) apply where— (a) a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 26(1E), and (b) the voter or proxy makes a further application under rule 26(1). (4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy). (7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice. (8) Subject to rule 26(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever. (9) A refusal to deliver a ballot paper to a voter or proxy is subject to review on a referendum petition. (10) In this rule— (a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 24(3) or 26(1E), and (b) any reference to paragraph (1E) or (1G) of rule 26 includes a reference to that paragraph as applied by rule 27, 28 or 29.

• (13) In rule 34 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da) the ballot paper refusal list completed in accordance with rule 30A;

• (14) In rule 42 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (b) insert—

(ba) the completed ballot paper refusal list;

• (15) In rule 43 (delivery of documents to relevant registration officer), in paragraph (1) after sub-paragraph (d) insert—

(da) the packet containing the completed ballot paper refusal list;

• (16) In rule 44 (orders for production of documents), after paragraph (1) insert—

(1A) An order— (a) for the opening of the sealed packet containing a completed ballot paper refusal list, or (b) for the inspection or production of that list, may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of a referendum petition.

• (17) In Part 8 (appendix of forms)—

• (a) in the list of forms, after the entry “Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)” insert “Ballot Paper Refusal List”;

• (b) for the form of the Official Poll Card (to be sent to a voter voting in person) substitute the corresponding form in Part 1 of Schedule 9;

• (c) for the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding form in Part 1 of Schedule 9;

• (d) after the form of the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) insert the ballot paper refusal list form as set out in Part 1 of Schedule 9;

• (e) for the form of directions for the guidance of the voters and proxies in voting, substitute the corresponding form in Part 1 of Schedule 9.

Amendment of Schedule 4 (application, with modifications, of Acts and subordinate legislation)

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• (1) Schedule 4 (application, with modifications, of Acts and subordinate legislation) is amended as follows.

• (2) In Table 1 (Representation of the People Act 1983), in the entry for section 61 (other voting offences), in the second column, after the text relating to subsections (2) to (4) insert—

In subsection (6ZB), for “, (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c)” substitute “and (3)(a)(i)”.

• (3) In Table 6 (Representation of the People (England and Wales) Regulations 2001)—

• (a) in the entry for regulation 55A, in the first column, at the end insert “: grounds relating to occupation, service or employment”;

• (b) after that entry insert—

Regulation 55B (additional requirements for application for an emergency proxy vote in respect of a particular election: grounds relating to voter identification)

• (c) for the entry for regulation 56 substitute—

Regulation 56 (closing dates for applications)	In paragraphs (1) to (3A), after “election” in each place insert “or referendum”. In paragraph (3D), after “election” in the second and third places it occurs insert “or referendum”. In paragraphs (4) to (5A) and (7)(b), after “election” in each place insert “or referendum”.
Regulation 56A (grounds relating to voter identification)	In paragraph (3)— in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”; in sub-paragraph (b)(i) and (ii), after “election” insert “or referendum”. In paragraph (6)— in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”; in sub-paragraph (b), after “election” in the first place it occurs insert “or referendum”.

Amendment of Schedule 5 (local government finance act referendum combination of polls rules)

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• (1) Schedule 5 (local government finance act referendum combination of polls rules) is amended as follows.

• (2) In the list of contents, in the appropriate place insert “32A Refusal to deliver ballot paper”.

• (3) In rule 2 (interpretation), in paragraph (1)—

• (a) before sub-paragraph (a) insert—