The Voter Identification Regulations 2022

(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 Act. (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 (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 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 11—Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)” insert “Form 11A—Ballot Paper Refusal List”;

• (b) for Form 8 (official poll card) substitute the corresponding form in Part 2 of Schedule 11;

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

• (d) after Form 11 (official proxy postal poll card) insert new Form 11A (ballot paper refusal list) as set out in Part 2 of Schedule 11;

• (e) for Form 12 (form of directions for the guidance of the voters and proxies in voting) substitute the corresponding form in Part 2 of Schedule 11.

Amendment of Schedule 6 (registering to vote in a business referendum)

67

In Schedule 6 (registering to vote in a business referendum), omit paragraph 38(1)(e).

Amendment of the 2016 Regulations

68

The 2016 Regulations are amended in accordance with regulations 69 to 92.

Amendment of regulation 2 (application)

69

In regulation 2 (application), in paragraph (2)—

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

(za) regulation 20A (provision of private area for production of proof of identity);

• (b) after sub-paragraph (a) insert—

(aa) regulation 30A (refusal to deliver signing sheet);

• (c) after sub-paragraph (e) insert—

(ea) regulation 63A (additional requirements for applications for the appointment of a proxy on grounds relation to identification);

• (d) in sub-paragraph (i), after “particular petition” insert “on grounds relating to occupation, service or employment”;

• (e) after sub-paragraph (i) insert—

(ia) regulation 69A (additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification);

• (f) after sub-paragraph (j) insert—

(ja) regulation 71A (grounds relating to identification);

Amendment of regulation 3 (interpretation)

70

In regulation 3 (interpretation), in paragraph (1)—

• (a) after the definition of “allotted petition signing place” insert—

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

• (b) after the definition of “special lists” insert—

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

Amendment of regulation 17 (appointment of petition assistants)

71

In regulation 17 (appointment of petition assistants), in paragraph (3)—

• (a) in sub-paragraph (b)—

• (i) after “sheet under” insert “paragraph (3A) of regulation 25 (questions to be put to persons signing the petition), paragraph (1E) of regulation 27 (signing procedure in England and Wales and Scotland) or”;

• (ii) for “that paragraph” substitute “those paragraphs”;

• (b) after sub-paragraph (b) insert—

(c) resolve doubts over identity as mentioned in paragraph (1F) of regulation 27 (including that paragraph as applied by regulation 29 or regulation 30).

Amendment of regulation 18 (issue of official petition notice)

72

In regulation 18 (issue of official petition notice), in paragraph (7)—

• (a) after sub-paragraph (f) insert—

(fa) in respect of an official petition notice described in paragraph (6)(a) or (c) for a recall petition held in England, Wales or Scotland, details of the documents the elector or proxy needs to produce when applying for a signing sheet, 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 petition notice and an anonymous elector’s document showing the same number on the register as the number on the register shown on the official petition notice;

• (b) in paragraph (8), after “(f)” insert “, (fa)”.

Amendment of regulation 19 (equipment at petition signing place)

73

In regulation 19 (equipment at petition signing place)—

• (a) after paragraph (3) insert—

(3A) For a petition signing place in England, Wales or Scotland, the petition officer must also provide each petition signing place with a signing sheet refusal list, in the form set out in Form G1 in Schedule 2 or a form to like effect, on which entries are to be made as mentioned in regulation 30A (refusal to deliver signing sheet: England and Wales and Scotland).

• (b) after paragraph (5) insert—

(5A) A large notice must be displayed inside each petition signing place in England, Wales and Scotland containing— (a) details of the documents that a person needs to produce when applying for a signing sheet, namely— (i) in the case of a person (other than a person with an anonymous entry) or a proxy, any of the forms of identification for the time referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules); (ii) in the case of a person with an anonymous entry, the person’s official petition notice and an anonymous elector’s document showing the same electoral number as the number shown on the official petition notice; 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 person attending that place for the purpose of signing the petition claims to be.

New regulation 20A (provision of private area for production of proof of identity: England and Wales and Scotland)

74

After regulation 20 (identification of secure storage) insert—

(20A) The petition officer must ensure that each petition signing place in England, Wales and Scotland contains an area in which a person who attends that place for the purpose of signing the petition can produce proof of identity in private.

Amendment of regulation 25 (questions to be put to persons signing the petition)

75

In regulation 25 (questions to be put to persons signing the petition)—

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

(za) At a petition held in England, Wales or Scotland, “What is your name?” (zb) At a petition held in England, Wales or Scotland, “What is your address?”

• (b) after paragraph (3) insert—

(3A) Where at a petition held in England, Wales or Scotland an assistant appointed to assist the petition clerk— (a) gives a person the required information (see paragraph (6)), (b) puts a question specified in paragraph (1) to a person, and (c) decides that the person has failed to answer the question satisfactorily, the assistant must refer the matter to the petition clerk, who must put the question to the person again.

• (c) in paragraph (4), for “A” substitute “At a petition held in Northern Ireland, a”;

• (d) after paragraph (4) insert—

(4A) Where at a petition held in England, Wales or Scotland the petition clerk— (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 (3A)), and (c) decides that the person has failed to answer the question satisfactorily, the petition clerk must refuse to deliver a signing sheet to the person (and see regulation 30A (procedure where signing sheet is refused under this paragraph)). (4B) For the purposes of this regulation, 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; (b) where both those questions are put, the answers match a name and address in that register that relate to the same person. (4C) In the case of an elector in respect of whom a notice has been issued under section 13BC(6) of the 1983 Act, the references to the register in paragraph (4B) are to be read as references to the notice issued under section 13BC(6).

• (e) in paragraph (5), after “petition” 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 sign the petition)”;

• (f) after paragraph (5) insert—

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

Amendment of regulation 27 (signing procedure: England and Wales and Scotland)

76

• (1) Regulation 27 (signing procedure: England and Wales and Scotland) is amended as follows.

• (2) In paragraph (1)—

• (a) for “A” substitute “Subject to regulation 25(4A) and to paragraphs (1A) to (1N), a”;

• (b) omit sub-paragraph (a).

• (3) After paragraph (1) insert—

(1A) A signing sheet must not be delivered to a person unless the person produces a specified document to the petition clerk or an assistant to the petition clerk. (1B) The petition clerk or assistant must arrange for the person to produce any document in a private area of the petition signing place if the person so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the person. (1C) Paragraph (1D) applies in relation to a person where— (a) the person produces a specified document to an assistant to the petition clerk and the assistant decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or (b) the person produces a document to an assistant that the assistant reasonably suspects to be a forged document. (1D) Where this paragraph applies, the assistant must refer the matter and produce the document to the petition clerk, who must proceed as if the person had produced the document to the petition clerk in the first place. (1E) The petition clerk must refuse to deliver a signing sheet to a person where— (a) the person produces a specified document to the clerk and the clerk decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or (b) the person produces a document to the clerk that the clerk 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 elector or proxy that the person claims to be is resolved to the petition clerk’s satisfaction at the time of the application by the person producing further proof of identity, and (b) the petition clerk has no other reason (arising from any document produced by the person) to doubt that the person is the elector or proxy that the person claims to be. (1G) The refusal to deliver a signing sheet to a person under paragraph (1E) does not prevent the voter 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 person who has an anonymous entry in the register, 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 person who has an anonymous entry in the register, means an anonymous elector’s document which— (i) was issued by the appropriate registration officer; (ii) contains the number allocated to the person as stated in the copy of the register. (1J) (1J)In paragraph (1I)(b)(i), the “appropriate registration officer” means— (a) the registration officer of the local authority in whose area the constituency of the MP to whom the petition relates is situated, or (b) where the petition relates to a constituency for which there is more than one registration officer, any of those officers. (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 for which the temporary electoral identity document is issued is before the designated day. (1M) No person other than the petition clerk or an assistant to the petition clerk may inspect a document produced as proof of a person’s identity, except as permitted by the person. (1N) References in this regulation to producing a document are to producing it for inspection.

• (4) In paragraph (2), omit the words from “and only” to the end.

• (5) In paragraph (3), for “subparagraphs (a) and (c) of paragraph (1)” substitute “paragraphs (1)(c) and (1I)(b)(ii)”.

Amendment of regulation 29 (signing sheets endorsed by petition clerk)

77

In regulation 29 (signing sheets endorsed by petition clerk), after paragraph (2) insert—

(2A) Paragraphs (1A) to (1N) of regulation 27 (signing procedure: England and Wales and Scotland) apply in the case of a person who applies under paragraph (1) as they apply in the case of a person who applies under regulation 27(1), but as if— (a) references to delivering a signing sheet to a person were references to endorsing a signing sheet, and (b) in regulation 27(1G), the reference to paragraph (1) of regulation 27 were a reference to paragraph (1) of this regulation.

Amendment of regulation 30 (tendered signing sheets)

78

In regulation 30 (tendered signing sheets), after paragraph (7) insert—

(7A) Paragraphs (1A) to (1N) of regulation 27 (signing procedure: England and Wales and Scotland) apply in the case of a person entitled to sign a tendered signing sheet as they apply in the case of a person who applies for a signing sheet under regulation 27(1), but as if in regulation 27(1G), the reference to making a further application under regulation 27(1) were to seeking a further time to mark a tendered ballot paper under the paragraph of this regulation under which a previous such attempt was made.

New regulation 30A (refusal to deliver signing sheet: England and Wales and Scotland)

79

After regulation 30 (tendered signing sheets) insert—

(30A) (1) This regulation applies where a petition clerk refuses to deliver a signing sheet under regulation 27(1E) (including that paragraph as applied by regulation 29 (signing sheets endorsed by the petition clerk) or regulation 30 (tendered signing sheets)). (2) Where a petition clerk refuses to deliver a signing sheet to a person who applied for one as an elector, the clerk or an assistant to the clerk must enter on the signing sheet refusal list— (a) the person’s electoral number, and (b) against that number, the reason for the refusal. (3) Where a petition clerk refuses to deliver a signing sheet to a person who applied for one as a proxy, the clerk or an assistant to the clerk must enter on the signing sheet refusal list— (a) the name and address of the elector, and (b) against those details, the reason for the refusal. (4) Paragraphs (5) and (6) apply where— (a) a petition clerk refuses to deliver a signing sheet to a person under regulation 27(1E), and (b) the person makes a further application under regulation 27(1). (5) If a signing sheet is delivered to the person following a further application, the petition clerk or an assistant to the petition clerk must note that fact on the signing sheet refusal list. (6) If the petition clerk again refuses to deliver a signing sheet to the person, the petition clerk or an assistant to the petition clerk must note that fact on the signing sheet refusal list. (7) Entries required by this regulation to be made to the signing sheet refusal list must be made as soon as practicable after delivery of a signing sheet to a person is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a signing sheet to a person). (8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13BC(6) of the 1983 Act, as stated in the copy of that notice. (9) Subject to regulation 27(1G) and paragraph (10), a refusal to deliver a signing sheet to a person is final and may not be questioned in any proceeding whatsoever. (10) A refusal to deliver a signing sheet to a person is subject to review on a recall petition complaint. (11) In this regulation— (a) except in paragraph (4)(a), any reference to the refusal to deliver a signing sheet (however expressed) is to the refusal to do so under regulation 25(4A) or 27(1G), and (b) any reference to paragraph (1E) or (1G) or regulation 27 includes a reference to that paragraph as applied by regulation 29 or 30.

Amendment of regulation 33 (daily verification and storage)

80

In regulation 33 (daily verification and storage), in paragraph (5) after sub-paragraph (e) insert—

(ea) the signing sheet refusal list;

Amendment of regulation 37 (procedure on close of petition)

81

In regulation 37 (procedure on close of petition), in paragraph (1) after sub-paragraph (e) insert—

(ea) in the case of a petition held in England, Wales or Scotland, the signing sheet refusal list completed in accordance with regulation 30A;

Amendment of regulation 43 (sealing up of signing sheets)

82

In regulation 43 (sealing up of signing sheets), in paragraph (2) after sub-paragraph (b) insert—

(ba) in the case of a petition held in England, Wales or Scotland, the completed signing sheet refusal list;

Amendment of regulation 44 (delivery of documents to the registration officer: England and Wales and Northern Ireland)

83

In regulation 44 (delivery of documents to the registration officer: England and Wales and Northern Ireland), in paragraph (1) after sub-paragraph (d) insert—

(da) in the case of a petition held in England or Wales, the packet containing the completed signing sheet refusal list,

Amendment of regulation 45 (orders for production of documents: England and Wales and Northern Ireland)

84

In regulation 45 (orders for production of documents: England and Wales and Northern Ireland), after paragraph (1) insert—

(1A) In respect of a petition held in England or Wales, an order may be made by the bodies and in the circumstances described in paragraph (2)— (a) for the opening of the sealed packet containing a completed signing sheet refusal list, or (b) for the inspection or production of that list.

Amendment of regulation 60 (general requirements for applications for absent signing)

85

In regulation 60 (general requirements for applications for absent signing), in paragraph (6) at the end insert “and (where applicable) regulation 63 (additional requirement for applications for the appointment of a proxy) and regulation 63A (additional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland)”.

New regulation 63A (additional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland)

86

After regulation 63 (additional requirements for applications for the appointment of a proxy) insert—

(63A) (1) Paragraph (2) applies where— (a) an applicant (“A”) makes an application under regulation 57(6) or (7) for the appointment of a proxy for the purposes of signing a petition held in England or Wales or Scotland; (b) A has previously appointed a person (“B”) as A’s proxy for those purposes; (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 identification which relate to B. (2) Where this paragraph applies A’s application must (a) state that this paragraph applies, and (b) state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 71A apply in respect of B. (3) In paragraph (2)— (a) in sub-paragraph (a), the reference to an application under regulation 57(7) includes such an application which is included in an application under 53(2); (b) in sub-paragraph (d), “grounds relating to identification” has the meaning given in regulation 71A.

Amendment of regulation 69 (additional requirements: applications for an emergency proxy signature in respect of a particular petition: England and Wales and Scotland)

87

In regulation 69 (additional requirements: applications for an emergency proxy signature in respect of a particular petition: England and Wales and Scotland), in the heading after “petition” insert “on grounds relating to occupation, service or employment”.

New regulation 69A (additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification: England and Wales and Scotland)

88

After regulation 69 insert—

(69A) (1) Subject to paragraph (2), this regulation applies to an application under regulation 53(2) to which regulation 71(4A) applies. (2) This regulation does not apply where— (a) the application under regulation 53(2) includes an application under regulation 57(7), and (b) regulation 63A(2) applies to that application under regulation 57(7). (3) Where this regulation applies, the application under regulation 53(2) must (in addition to providing any other information required by this Chapter)— (a) state that it is made on grounds relating to identification, and (b) state which of the conditions set out in regulation 71A apply to the applicant. (4) In paragraph (3)(a), “grounds relating to identification” has the meaning given in regulation 71A.

Amendment of regulation 71 (closing date for applications: England and Wales and Scotland)

89

• (1) Regulation 71 (closing date for applications: England and Wales and Scotland) is amended as follows.

• (2) In paragraph (2), for “An” substitute “Subject to paragraph (2A), an”.

• (3) After that paragraph insert—

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

• (4) In paragraph (3), for “paragraph (4)” substitute “paragraphs (4) or (4A)”.

• (5) In paragraph (4)—

• (a) after “received” insert “after the relevant time”;

• (b) omit the words from “less than 5 hours” to the end.

• (6) After paragraph (4) insert—

(4A) Where an application is made under regulation 53(2) or 57(7) on grounds relating to identification, the application must be refused if it is received after the relevant time on the last day of the signing period at the petition for which it is made. (4B) In paragraphs (2A) and (4A), “grounds relating to identification” has the meaning given in regulation 71A.

• (7) After paragraph (7) insert—

(8) In this regulation, “the relevant time” on the last day of the signing period means— (a) 5pm, or (b) if earlier, the beginning of the final hour that the petition is available for signing on that day.

New regulation 71A (grounds relating to identification: England and Wales and Scotland)

90

After regulation 71 insert—

(71A) (1) For the purposes of this Part, an application is made on grounds relating to identification if it is made because the following apply to B— (a) condition 1, 2 or 3, and (b) except where B has an anonymous entry in the register, condition 4. (2) In this regulation, “B” means— (a) the applicant, where— (i) the application is made under regulation 53(2), and (ii) regulation 63A(2) does not apply to the application made under regulation 57(7) which is included in that application under regulation 53(2); (b) otherwise, the person already appointed as the applicant’s proxy at the time the application is made. (3) Condition 1 is that— (a) immediately before the deadline, B has a specified document which B intends to use to sign the petition in person, and (b) after that deadline, that document is— (i) lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that petition, or (ii) sent by B to another person to prove B’s identity, and B considers it is unlikely to be returned to B on or before the last day of the signing period at that petition. (4) Condition 2 is that— (a) at a time during the period of 3 months ending with the deadline, B has applied for a specified document, (b) immediately before the deadline, B has not received that document, and (c) the application for the specified document has not been refused or withdrawn. (5) Condition 3 is that— (a) B has an anonymous entry in the register, and (b) either— (i) B has not been issued with an anonymous elector’s document, or (ii) B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration). (6) Condition 4 is that B does not have access to another specified document. (7) In this regulation— (a) the “deadline” means 5pm on the sixth day before the last day of the signing period at the petition to which the application relates; (b) “specified document” has the meaning given in regulation 27(1I).

Amendment of regulation 144 (forms)

91

In regulation 144 (forms)—

• (a) in paragraph (2)(b), for “or Part 2 of that Schedule” substitute “of that Schedule or in an order made under section 26(2) of the Welsh Language Act 1993⁶⁷ as applied by section 21(5) of the Act”;

• (b) after paragraph (2) insert—

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

Amendment of Schedule 2 (forms)

92

In Schedule 2 (forms)—

• (a) in Part 1 (United Kingdom)—

• (i) for Form D (official petition notice for an elector who may sign the petition in person), substitute the corresponding form in Schedule 12;

• (ii) for Form F (official petition notice for a proxy who may sign the petition in person), substitute the corresponding form in Schedule 12;

• (iii) after Form G (official petition notice for a proxy who may sign the petition by post), insert new Form G1 (signing sheet refusal list) as set out in Schedule 12;

• (iv) for Form H (guidance for person signing the petition), substitute the corresponding form in Schedule 12;

• (v) for Form J (proxy paper), substitute the corresponding form in Schedule 12;

• (b) omit Part 2 (Welsh forms).

Amendment of the Combined Authorities (Mayoral Elections) Order 2017

93

The Combined Authorities (Mayoral Elections) Order 2017 is amended in accordance with regulations 94 to 96.

Amendment of Schedule 1 (combined authorities mayoral election rules)

94

• (1) Schedule 1 (combined authorities mayoral election rules) is amended as follows.

• (2) In the list of contents—

• (a) in the appropriate place insert “41A Refusal to deliver ballot paper”;

• (b) in the appropriate place insert “41B Collection and disclosure of information relating to applications made under rules 37 to 40”;

• (c) in the appropriate place insert “Form 11A—Ballot paper refusal list”.

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

(1) In these Rules— - “anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022; - “the Appendix” means the Appendix to these Rules contained in Part 9 of this Schedule; - “temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022.

• (4) In rule 25 (provision of polling stations) after paragraph (4) insert—

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

• (5) In rule 26 (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 35(3) or rule 37(1E) (including that rule as applied by rules 38, 39 or 40), or (c) resolve doubts over identity as mentioned in rule 37(1F) (including that rule as applied by rule 38, 39 or 40).

• (6) In rule 28 (equipment of polling stations)—

• (a) in paragraph (3) after sub-paragraph (d) insert—

(e) a ballot paper refusal list, in the appropriate form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 41A (refusal to deliver ballot paper).

• (b) after paragraph (6) insert—

(6A) 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.

• (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) 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 41A (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 (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 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 37 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 35(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 unless the voter produces a specified document to the presiding officer or a clerk. (1B) 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. (1C) Paragraph (1D) 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. (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 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 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. (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 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. (1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter 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 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 registration officer for the constituent council in whose area 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. (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 election 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 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 (1A) to (1M) of rule 37 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 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(1G), 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 (1A) to (1M) of rule 37 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 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(1G), 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 (1A) to (1M) of rule 37 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 37(1), but as if, in rule 37(1G) 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) 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 37(1E), and (b) the voter makes a further application as permitted by rule 37(1G). (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 37(1G) 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 35(3) or 37(1E), and (b) any reference to paragraph (1E) or (1G) 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 an 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 constituent council in relation to whose area the returning officer exercises functions under this Order.

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

(da) the ballot paper refusal list completed in accordance with rule 41A,

• (14) In rule 61 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (b) insert—

(ba) the completed ballot paper refusal list,

• (15) In rule 62 (delivery and retention of documents), after paragraph (c) insert—

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

• (16) In rule 63 (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.

• (17) In Part 9 (appendix of forms)—

• (a) in the list of forms, after the entry “Form 11: Official proxy postal poll card” insert “Form 11A: Ballot paper refusal list”;

• (b) for Form 8 (official poll card) substitute the corresponding form in Part 1 of Schedule 13;

• (c) for Form 10 (official proxy poll card) substitute the corresponding form in Part 1 of Schedule 13;

• (d) after Form 11 (official proxy postal poll card) insert new Form 11A (ballot paper refusal list) as set out in Part 1 of Schedule 13;

• (e) for Form 12 (directions for the guidance of voters) substitute the corresponding form in Part 1 of Schedule 13.

Amendment of Schedule 2 (modifications of Acts and statutory instrument)

95

In Schedule 2 (modifications of Acts and statutory instrument), in paragraph 1 (Representation of the People Act 1983)—

• (a) in sub-paragraph (6), omit “and Wales” in both places it occurs;

• (b) in sub-paragraphs (7)(c) and (d)(i) and (8)(c)(i), after “section 36” insert “or section 36A”;

• (c) after sub-paragraph (14) insert—

(14A) Section 59A (reports on voter identification requirements in Great Britain) has effect as if— (a) after subsection (5) there were inserted— (5A) Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect of the combined authority mayoral election corresponding requirements on applications made under the provisions of rules made under paragraph 12 of Schedule 5B to the 2009 Act corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules. (5B) Subsection (5A) applies in respect of a combined authority mayoral election where— (a) the day of poll for that combined authority mayoral election is the same day as the poll for the ordinary elections of councillors described in subsection (4), (b) the combined authority mayoral election relates to a local government area to which the duty in subsection (4) otherwise applies, and (c) the timing of that combined authority mayoral election is not determined in accordance with article 6 of the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 (filling of casual vacancies by by-elections)⁶⁸. (5C) In subsection (5A), “combined authority mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to combined authority mayoral elections by virtue of rules made under paragraph 12 of Schedule 5B to the 2009 Act. (b) in subsection (6), after paragraph (b) there were inserted— (c) in the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules made under paragraph 12 of Schedule 5B to the 2009 Act corresponding to rule 40B of the parliamentary elections rules.

• (d) in sub-paragraph (15), after paragraph (b) insert—

(ba) in subsection (6ZB), for “2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c)” there were substituted “(2A)(a) to (c), (2B), (3A)(a) to (c) and (3B)”;

Amendment of Schedule 3 (combined authority mayoral election combination of polls rules)

96

• (1) Schedule 3 (combined authority mayoral election combination of polls rules) is amended as follows.

• (2) In the list of contents—

• (a) in the appropriate place insert “41A Refusal to deliver ballot paper”;

• (b) in the appropriate place insert “41B Collection and disclosure of information relating to applications made under rules 37 to 40”;

• (c) in the appropriate place insert “Form 11A: Ballot paper refusal list”.

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

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

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

• (b) after the definition of “polling observer” insert—

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

• (4) In rule 25 (provision of polling stations) after paragraph (4) insert—

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

• (5) In rule 26 (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 35(3) or rule 37(1E) (including that rule as applied by rules 38, 39 or 40), or (c) resolve doubts over identity as mentioned in rule 37(1F) (including that rule as applied by rule 38, 39 or 40).

• (6) In rule 28 (equipment of polling stations)—

• (a) in paragraph (4) after sub-paragraph (d) insert—

(e) a ballot paper refusal list, in the appropriate form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 41A (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 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.

• (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) 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 41A (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 (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 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 37 (voting procedure)—

• (a) in paragraph (1)—

• (i) for “A” substitute “Subject to rule 35(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 unless the voter produces a specified document to the presiding officer or a clerk. (1B) 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. (1C) Paragraph (1D) 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. (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 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 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. (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 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. (1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter 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 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 registration officer for the constituent council in whose area 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. (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 election 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 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 (1A) to (1M) of rule 37 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 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(1G), 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 (1A) to (1M) of rule 37 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 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(1G), 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 (1A) to (1M) of rule 37 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 37(1), but as if, in rule 37(1G) 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—