The Voter Identification Regulations 2022

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

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

• (c) after sub-paragraph (a) insert—

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

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

(7) The relevant returning or 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 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 2 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 2 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 2 of Schedule 9.

Amendment of the Police and Crime Commissioner Elections Order 2012

55

The Police and Crime Commissioner Elections Order 2012 is amended in accordance with regulations 56 to 62.

Amendment of article 2 (interpretation)

56

In article 2 (interpretation)

• (a) in paragraph (1)—

• (i) after the definition of “absent voter” insert—

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

• (ii) omit the definitions of “the Assembly” and “Assembly election”;

• (iii) after the definition of “relevant registration officer” insert—

• “Senedd election” means an election to return a member of the Senedd Cymru for a Senedd constituency or an election to return members of the Senedd for a Senedd electoral region (or both);
• “temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

• (b) in paragraphs (2A) and (2B)(a), for “an Assembly” substitute “a Senedd”;

• (c) in paragraph (2C)—

• (i) for “Assembly” in the first and third places it occurs, substitute “Senedd”;

• (ii) for “an Assembly” substitute “a Senedd”.

Amendment of article 13A (combination of polls: National Assembly for Wales)

57

In article 13A—

• (a) in the heading, for “National Assembly for Wales” substitute “Senedd Cymru”;

• (b) for “an Assembly” substitute “a Senedd”.

Amendment of article 18 (other voting offences)

58

In article 18 (other voting offences), after paragraph (6) insert—

(6A) For the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (2)(a) or (3)(a), a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.

Amendment of Schedule 2 (absent voting in PCC elections)

59

• (1) Schedule 2 (absent voting in PCC elections) is amended as follows.

• (2) In Part 2 (applications for absent vote)—

• (a) in paragraph 11 (general requirements for applications for absent vote), in sub-paragraph (6), at the end insert “and (where applicable) paragraph 14A”;

• (b) after paragraph 14 (additional requirements: applications for the appointment of a proxy in respect of a particular PCC election) insert—

(14A) (1) This paragraph applies where— (a) an application under paragraph 5(4) for the appointment of a proxy for the purposes of voting by proxy at a particular PCC election is made by a person (“A”); (b) A has previously appointed a person (“B”) as A’s proxy for those purposes; (c) at the time of making the application, B’s appointment remains in force; and (d) A’s application is made on grounds relating to voter identification which relate to B. (2) 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 paragraph 16A apply in respect of B. (3) In sub-paragraph (1)— (a) in paragraph (a), the reference to an application under paragraph 5(4) includes such an application which is included in an application under paragraph 3(2); (b) in paragraph (d), “grounds relating to voter identification” has the meaning given in paragraph 16A.

• (c) after paragraph 15A (additional requirements referred to in paragraph 14(5A)) insert—

(15B) (1) Subject to sub-paragraph (2), this paragraph applies to an application under paragraph 3(2) to which paragraph 16(2C) applies. (2) This paragraph does not apply where— (a) the application under paragraph 3(2) includes an application under paragraph 5(4), and (b) paragraph 14A(2) applies to that application under paragraph 5(4). (3) Where this paragraph applies, the application under paragraph 3(2) must (in addition to any other information required by this Part)— (a) state that it is made on grounds relating to voter identification, and (b) states which of the conditions set out in paragraph 16A apply to the applicant. (4) In this paragraph, “grounds relating to voter identification” has the meaning given in paragraph 16A.

• (d) in paragraph 16 (closing date for applications)—

• (i) in sub-paragraph (1), after “sub-paragraph (2)” insert “and (2C)”;

• (ii) before sub-paragraph (3) insert—

(2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made. (2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.

• (e) after paragraph 16 insert—

(16A) (1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B— (a) condition 1, 2, 3 or 4, and (b) except where B has an anonymous entry on the register of electors, condition 5. (2) In this paragraph, “B” means— (a) the applicant, where— (i) the application is made under paragraph 3(2), and (ii) paragraph 14A(2) does not apply to the application made under paragraph 5(4) which is included in that application under paragraph 3(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 vote in person at a PCC election, 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 election, or (ii) sent by B to another person to prove B’s identity and B considers that it is unlikely to be returned to B on or before the day of poll at that election. (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 (c) the application for the specified document has not been refused or withdrawn. (5) Condition 3 is that— (a) B has an anonymous entry on the register of electors, 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— (a) B has a temporary electoral identity document which is valid for use on the day of poll at a PCC election, and (b) before B is able to vote in person at such an election using that document, proceedings at B’s polling station are adjourned in accordance with rule 46 of Part 3 of Schedule 3 (adjournment of poll in case of riot). (7) Condition 5 is that B does not have access to another specified document. (8) In this paragraph— (a) “anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022; (b) the “deadline” means 5 pm on the sixth day before the date of the poll at the PCC election for which an application is made, and paragraph 16(5) applies for the purposes of computing the sixth day as it applies for the purposes of computing a period of days for the purposes of paragraph 16; (c) “specified document” has the meaning given in rule 39(2I) of Part 3 of Schedule 3.

• (3) In Part 3 (issue and receipt of ballot papers)—

• (a) in paragraph 29 (combination of polls), in paragraph (3), for “an Assembly” substitute “a Senedd”;

• (b) in paragraph 59 (forwarding of documents), in paragraph (2A), for “an Assembly” substitute “a Senedd”.

• (4) In Part 4 (forms), for Form 1 (proxy paper) substituted the corresponding form in Part 1 of Schedule 10.

Amendment of Schedule 3 (PCC election conduct rules)

60

• (1) Schedule 3 (rules for the conduct of PCC elections where poll not taken together with poll at another election) is amended as follows.

• (2) In rule 26 (provision of polling stations) after paragraph (4) insert—

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

• (3) In rule 27 (appointment of presiding officers and polling clerks), in paragraph (5), 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 37(3) or rule 39(2E) (including that rule as applied by rules 40, 41 or 42), or (c) resolve doubts over identity as mentioned in rule 39(2F) (including that rule as applied by rule 40, 41 or 42).

• (4) In rule 29 (equipment of polling stations)—

• (a) in paragraph (5), after sub-paragraph (b) insert—

(ba) a ballot paper refusal list, in Form 14A or a form to like effect, on which entries are to be made as mentioned in rule 43A (refusal to deliver ballot paper);

• (b) after paragraph (9) insert—

(9A) A large notice must be displayed inside each polling station containing— (a) details of the documents the elector or proxy needs to produce when applying for a ballot paper, namely— (i) 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); (ii) 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; 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 elector or proxy that the voter claims to be.

• (5) In rule 37 (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) 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 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 43A (procedure where 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 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. (3B) 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 (3C) 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 voter 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.

• (6) In rule 39 (voting procedure)—

• (a) in paragraph (1), for “A” substitute “Subject to rule 37(3) and to paragraphs (2A) to (2M), a”;

• (b) omit paragraph (2)(a);

• (c) after paragraph (2) insert—

(2A) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk. (2B) 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. (2C) Paragraph (2D) 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. (2D) 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. (2E) 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. (2F) Paragraph (2E)(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. (2G) The refusal to deliver a ballot paper to a voter under paragraph (2E) does not prevent the voter making a further application under paragraph (1), and paragraphs (2A) to (2F) apply on any further application. (2H) In this rule, a “forged document” means a false document made to resemble a specified document. (2I) 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 election 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 relevant registration officer for the voting area in which the polling station to which the voter is allotted is situated, (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. (2J) Subject to paragraph (2K), 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. (2K) Paragraph (2J) 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. (2L) 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. (2M) References in this rule to producing a document are to producing it for inspection.

• (d) in paragraph (3), omit the words from “and only” until the end;

• (e) omit paragraph (4)(a).

• (7) In rule 40 (votes marked by presiding officer)—

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

• (b) after paragraph (2) insert—

(2A) Paragraphs (2A) to (2M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(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 39(2G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.

• (8) In rule 41 (voting by persons with disabilities)—

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

• (b) after paragraph (2) insert—

(2A) Paragraphs (2A) to (2M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(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 39(2G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.

• (9) In rule 42 (tendered ballot papers: circumstances where available), after paragraph (9) insert—

(10) Paragraphs (2A) to (2M) of rule 39 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 who applies for a ballot paper under rule 39(1), but as if, in rule 39(2G) the reference to making a further application under paragraph (1) of rule 39 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.

• (10) After rule 43 (tendered ballot papers: general provisions) insert—

(43A) (1) 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. (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 under rule 39(2E), and (b) the voter makes a further application as permitted by rule 39(2G). (4) 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. (5) 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. (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 is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter). (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 39(2G) and paragraph (9), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever. (9) A refusal to deliver a ballot paper to a voter is subject to review on an election 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 37(3) or 39(2E), and (b) any reference to paragraph (2E) or (2G) of rule 39 includes a reference to that paragraph as applied by rule 40, 41 or 42.

• (11) In rule 47 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da) the ballot paper refusal list completed in accordance with rule 43A,

• (12) In rule 65 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (a) insert—

(aa) the completed ballot paper refusal list,

• (13) In rule 66 (delivery of documents), in paragraph (2) after sub-paragraph (c) insert—

(ca) the packet containing the completed ballot paper refusal list,

• (14) In rule 67 (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 PCC election petition.

• (15) In rule 70 (forms)—

• (a) in the list of forms, after the entry “Form 14 Official postal proxy poll card (rule 28)” insert “Form 14A Ballot paper refusal list (rule 29(4A))”;

• (b) for Form 11 (official poll card) substitute the corresponding form in Part 2 of Schedule 10;

• (c) for Form 13 (official proxy poll card) substitute the corresponding form in Part 2 of Schedule 10;

• (d) after Form 14 (official postal proxy poll card) insert new Form 14A (ballot paper refusal list) as set out in Part 2 of Schedule 10;

• (e) for Form 16 (Notice for guidance of voters for exhibition inside and outside polling station) substitute the corresponding form in Part 2 of Schedule 10.

Amendment of Part 3 of Schedule 4 (modifications to PCC elections rules for combination of polls)

61

• (1) Part 3 of Schedule 4 (modifications to PCC elections rules) is amended as follows.

• (2) In paragraph 21 (provision of polling stations), for “and (4)” substitute “, (4) and (5)”.

• (3) In paragraph 23 (issue of official poll cards), in the inserted text—

• (a) in paragraph (5), for “If” substitute “Subject to paragraph (5A), if”;

• (b) after paragraph (5) insert—

(5A) Paragraph (5) does not apply in respect of the official poll card for— (a) a local government election in Wales, (b) an election in Wales for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000, or (c) a referendum in Wales under Part 2 of the Local Government Act 2000.

• (4) In paragraph 24 (equipment of polling stations)—

• (a) after paragraph (3) insert—

(3A) Omit paragraph (5)(ba).

• (b) in paragraph (4), in the inserted text, at the end insert—

(5ZB) The local returning officer must provide each polling station with a ballot paper refusal list, in Form 14A or a form to like effect, on which entries are to be made as mentioned in rule 43A (refusal to deliver ballot paper).

• (5) In paragraph 43 (sealing up of ballot papers), in sub-paragraph (2), in the substituted text, after sub-paragraph (a) insert—

(aa) the completed ballot paper refusal list, or

• (6) In paragraph 44 (delivery of documents), in the substituted text, in paragraph (2), after sub-paragraph (c) insert—

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

Amendment of Part 5 of Schedule 4 (modifications to PCC elections rules for combination of poll with the poll for an election to Senedd Cymru)

62

• (1) Part 5 of Schedule 4 (modifications to PCC elections rules for combination of poll with the poll for an election to Senedd Cymru) is amended as follows.

• (2) In the heading of Part 5, for “Assembly” substitute “Senedd”.

• (3) In paragraph 46 (introduction), in sub-paragraph (1)(a) and (2), for “an Assembly” substitute “a Senedd”.

• (4) In paragraph 47 (modification of paragraph 13 (interpretation)), in sub-paragraph (1)(a), in the substituted sub-paragraph (2)(a)—

• (a) for “Assembly” in the first two places it occurs substitute “Senedd”;

• (b) for “an Assembly” substitute “a Senedd”.

• (5) In paragraph 49 (modification of paragraph 19 (notice of poll)), in the substituted paragraph (3A), for “Assembly” in each place it occurs substitute “Senedd”.

• (6) After paragraph 49 insert—

(49A) In paragraph 23 (issue of official poll cards), in the inserted text, in paragraph (5A) after sub-paragraph (a) insert— (aa) a Senedd election,

• (7) In paragraph 50 (modification of paragraph 35 (correction of errors on day of the poll), in sub-paragraph (a), in the substituted paragraph (2), for “an Assembly” substitute “a Senedd”.

• (8) In paragraph 51 (modification of paragraph 42 (the first count), for “Assembly” substitute “Senedd”.

• (9) In paragraph 52 (countermand or abandonment of poll on death of candidate), in the inserted paragraph 44A, in the inserted paragraph (5A), for “Assembly” substitute “Senedd”.

Amendment of the Neighbourhood Planning (Referendums) Regulations 2012

63

The Neighbourhood Planning (Referendums) Regulations 2012 are amended in accordance with regulations 64 to 67.

Amendment of Schedule 3 (neighbourhood planning referendum rules)

64

• (1) Schedule 3 (neighbourhood planning referendum rules) is amended as follows.

• (2) In the list of contents, at the appropriate place insert “31A 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 their own behalf.

• (4) In rule 15 (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 16 (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 25(3) or rule 27(1E) (including that rule as applied by rule 28, 28 or 30), or (c) resolve doubts over identity as mentioned in rule 27(1F) (including that paragraph as applied by rule 28, 29 or 30).

• (6) In rule 18 (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, set out in Form 10A in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 31A (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 25 (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 31A 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 voter or proxy 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 voter or proxy 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 27 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 25(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, (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 identity, except as permitted by the voter. (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 28 (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 27 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 27(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 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.

• (10) In rule 29 (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 27 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 27(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 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.

• (11) In rule 30 (tendered ballot papers: circumstances where available), after paragraph (6) insert—

(7) Paragraphs (1A) to (1M) of rule 27 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 27(1), but as if in rule 27(1G), the reference to making a further application under paragraph (1) of rule 27 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 31 (tendered ballot papers: general provisions) insert—

(31A) (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 27(1E), and (b) the voter or proxy makes a further application under rule 27(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 27(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 in proceedings brought as mentioned in section 61N(3) of the 1990 Act⁶⁶. (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 25(3) or 27(1E), and (b) any reference to paragraph (1E) or (1G) of rule 27 includes a reference to that paragraph as applied by rule 28, 29 or 30.

• (13) In rule 35 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da) the ballot paper refusal list completed in accordance with rule 31A;

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

(ba) the completed ballot paper refusal list;

• (15) In rule 45 (delivery of documents to relevant registration officer), after 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 High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act.

• (17) In Part 8 (appendix of forms)—

• (a) in the list of Forms, after the entry “Form 10—Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)” insert “Form 10A—Ballot Paper Refusal List”;

• (b) for Form 7 (official poll card) substitute the corresponding form in Part 1 of Schedule 11;

• (c) for Form 9 (official proxy poll card) substitute the corresponding form in Part 1 of Schedule 11;

• (d) after Form 10 (official proxy postal poll card) insert new Form 10A (ballot paper refusal list) as set out in Part 1 of Schedule 11;

• (e) for Form 11 (form of directions for the guidance of the voters and proxies in voting) substitute the corresponding form in Part 1 of Schedule 11.

Amendment of Part 1 of Schedule 4 (application, with modification, of other Acts and subordinate legislation)

65

• (1) Part 1 of Schedule 4 (application, with modifications, of other 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 “(2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c)” substitute “(2)(a) and (3)(a)”.

• (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 (neighbourhood planning referendum combination of polls rules)

66

• (1) Schedule 5 (neighbourhood planning referendum combination of polls rules) is amended as follows.

• (2) In the list of contents, at the appropriate place insert “31A Refusal to deliver ballot paper”.

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

• (a) before the definition of “polling agent” insert—

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

• (b) in the definition of “relevant and returning or counting officer”, omit the final “and”;

• (c) after that definition insert—

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

• (4) In rule 15 (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 16 (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 25(3) or rule 27(1E) (including that rule as applied by rule 28, 28 or 30), or (c) resolve doubts over identity as mentioned in rule 27(1F) (including that paragraph as applied by rule 28, 29 or 30).

• (6) In rule 18 (equipment of polling stations)—

• (a) after paragraph (5) insert—

(5A) The counting officer must also provide each polling station with a ballot paper refusal list, in the form set out in Form 11A in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 31A (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 25 (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 31A 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 voter or proxy 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 voter or proxy 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 27 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 25(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, (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 identity, except as permitted by the voter. (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 28 (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 27 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 27(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 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.

• (10) In rule 29 (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 27 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 27(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 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.

• (11) In rule 30 (tendered ballot papers: circumstances where available), after paragraph (6) insert—