The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

(122A) (1) A person who is a political campaigner in respect of a petition commits an offence if the person handles a postal petition document that has been issued to another person for use in that petition. (2) But a person who handles a postal petition document for use in a petition does not commit the offence if— (a) the person is responsible for, or assists with, the conduct of that petition (for example as a petition officer or a person working under the direction of a petition officer), (b) the person is engaged in the business of a postal operator, or (c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building, and the handling is consistent with the person’s duties in that capacity. (3) Nor does a person commit the offence if the person— (a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or (b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person. (4) It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal petition document for the purpose of promoting a particular outcome of a petition. (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under paragraph (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (6) A person is guilty of a corrupt practice if the person— (a) commits the offence under paragraph (1), or (b) aids, abets, counsels or procures the commission of that offence. (7) For the purposes of this regulation a person is a political campaigner in respect of a petition if any of the following applies— (a) the person is the MP who is subject to the petition process; (b) the person is employed or engaged by the MP who is subject to the petition process for the purposes of their activities as an MP; (c) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome of the petition; (d) the person is employed or engaged by a registered political party in connection with the party’s political activities; (e) the person is employed or engaged by a person within any of sub-paragraphs (a) to (d) to carry on an activity designed to promote a particular outcome of the petition; (f) the person is employed or engaged by a person within sub-paragraph (e) to carry on an activity designed to promote a particular outcome of the petition; (g) the person is an accredited campaigner within the meaning of Part 5 of Schedule 3 to the Act³⁴. (8) In this regulation— - “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011; - “postal petition document” includes an envelope that has been issued to a person for the purpose of enabling the person to sign a petition by post. (9) For the purposes of this regulation, an envelope— (a) that is not a postal petition document, but (b) that contains a postal signing sheet, postal petition statement or declaration of identity that has been issued to a person for the purpose of enabling the person to sign a petition by post, is to be treated as if it were a postal petition document that has been issued to the person for use in the petition. (10) In this regulation, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment. (11) For the purposes of paragraph (3)(a), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

• (20) In regulation 123 (requirement of secrecy)—

• (a) after paragraph (4) insert—

(4A) No person may— (a) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a postal signing sheet issued to a person for signing a petition by post; (b) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a postal signing sheet issued to a person for signing a petition by post; (c) obtain or attempt to obtain information, in the circumstances mentioned in paragraph (4B), as to whether a person issued with a postal signing sheet for signing a petition by post (“P”) has or has not signed the petition; (d) communicate at any time to any other person information obtained in contravention of sub-paragraph (c). (4B) The circumstances referred to in paragraph (4A)(c) are where P is about to mark, or is in the process of marking, or has just marked, a postal signing sheet issued to P for signing a petition by post. (4C) But— (a) a person (“E”) who is signing a petition by proxy does not contravene paragraph (4A) by obtaining or attempting to obtain from the person entitled to sign the petition as E’s proxy information as to a matter mentioned in sub-paragraph (a) of that paragraph that relates to E’s signing of the petition, and (b) a person who is entitled to sign a petition as E’s proxy does not contravene paragraph (4A) by communicating to E information as to a matter mentioned in sub-paragraph (a) of that paragraph that relates to E’s signing of the petition. (4D) Paragraphs (4A)(c) and (d) do not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purpose of— (a) a published statement relating to whether people entitled to sign the petition intend to sign it or have signed it, or (b) a published forecast as to the result of that petition which is based on information given by people entitled to sign it. (4E) In paragraph (4D)— (a) “forecast” includes estimate; (b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means. (4F) Where a person (“the proxy”) is entitled to sign a petition as proxy for another person (“E”)— (a) the proxy must not communicate at any time to any person other than E any information as to whether the proxy is about to sign the petition, or has signed the petition, as proxy for E; (b) except for some purpose authorised by law, the proxy must not communicate at any time to any person other than E the number or other unique identifying mark on the back of a signing sheet issued to the proxy for signing the petition as proxy for E.

• (b) in paragraph (6)—

• (i) after “person” insert “who acts in contravention of this regulation is”;

• (ii) for “under this regulation” substitute “and”.

• (21) In Schedule 2 (forms)—

• (a) in Part 1 (United Kingdom), for form E (official petition notice for an elector who may sign the petition by post), form G (official petition notice for a proxy who may sign the petition by post), form K (postal petition statement) and form L (statement as to postal petition signing sheets, proxies and additional data) substitute the corresponding forms set out in Part 1 of Schedule 8 to these Regulations;

• (b) in Part 3 (Northern Ireland), for form E (official petition notice for an elector who may sign the petition by post), form G (official petition notice for a proxy who may sign the petition by post), form L (statement as to postal petition signing sheets, proxies and additional data) and form M (declaration of identity) substitute the corresponding forms set out in Part 2 of Schedule 8 to these Regulations.

• (22) In Schedule 3 (access to marked registers after a petition), in paragraph 3 (inspection of documents open to public inspection), in sub-paragraph (1)(b)—

• (a) in sub-paragraph (iv), for “(lists of rejected postal signing sheets)” substitute “or (6) or regulation 110A(1) (lists of rejected postal petition documents);

• (b) after sub-paragraph (iv) insert—

(v) return of postal petition documents forms.

• (23) In Schedule 4 (legal proceedings: application to recall petitions of existing provisions)—

• (a) in paragraph 21, in the words substituted by sub-paragraph (b), for “or 120 (offences relating to applications for postal and proxy signing)” substitute “, 120 (offences relating to applications for postal and proxy signing) or 122A (handling of postal petition documents by political campaigners)”;

• (b) in paragraph 26, for sub-paragraph (a) substitute—

(a) in paragraph (a)(i), for the words from “section 60” to “above” substitute “regulation 118 (personation), regulation 120 (offences relating to applications for postal or proxy signing) or regulation 122A (handling of postal petition documents by political campaigners) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016”;

• (c) in paragraph 28, for sub-paragraph (b) substitute—

(b) in subsection (2), for the words from “section 60” to the end, substitute “regulation 118 (personation), regulation 120 (offences relating to applications for postal or proxy signing) or regulation 122A (handling of postal petition documents by political campaigners) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016, or an illegal practice under regulation 119 of those Regulations (other signing offences).”;

The Combined Authorities (Mayoral Elections) Order 2017

11

• (1) The Combined Authorities (Mayoral Elections) Order 2017³⁵ is amended as follows.

• (2) In Schedule 1 (combined authorities mayoral elections rules)—

• (a) in rule 32 (admission to polling station), in paragraph (1) after sub-paragraph (b) insert—

(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 47(3)(b),

• (b) in rule 47 (procedure at verification of ballot paper accounts), in paragraph (2)—

• (i) omit the “and” at the end of sub-paragraph (c);

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

and (e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

• (c) in Part 9 (appendix of forms), for form 7 (postal voting statement), form 9 (official postal poll card) and form 11 (official proxy postal poll card) substitute the corresponding forms set out in Part 1 of Schedule 9 to these Regulations.

• (3) In Schedule 2 (modifications of Acts and statutory instrument), in paragraph 5 (Representation of the People (England and Wales) Regulations 2001)—

• (a) in sub-paragraph (5) for “after paragraph (b)” substitute “in paragraph (1), after sub-paragraph (b)”;

• (b) after sub-paragraph (6) insert—

(6A) Regulation 82A (postal voting documents handed in to the returning officer) has effect as if, in paragraph (1), in sub-paragraph (b), after paragraph (i) there were inserted— (ia) rule 47(3)(a) or 50(6)(a) of the Combined Authority Mayoral Elections Rules;

• (4) In Schedule 3 (combined authority mayoral election (combination of polls) rules—

• (a) in rule 32 (admission to polling station) in paragraph (1) after sub-paragraph (b) insert—

(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 47(3)(b),

• (b) in rule 47 (procedure at verification of ballot paper accounts) in paragraph (2)—

• (i) omit the “and” at the end of sub-paragraph (c);

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

and (e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

• (c) in Part 9 (appendix of forms), for forms 7(1) and 7(2) (postal voting statements), form 9 (official postal poll card) and form 11 (official proxy postal poll card) substitute the corresponding forms set out in Part 2 of Schedule 9 to these Regulations.

The Police and Crime Commissioner Elections (Welsh Forms) Order 2021

12

In Schedule 3 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (Welsh and English versions of prescribed forms)³⁶, for the following forms substitute the corresponding forms set out in Schedule 10 to these Regulations—

• (a) form 2 (postal voting statement where PCC election taken alone);

• (b) form 4 (postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined);

• (c) form 5 (statement of the number of postal ballot papers issued);

• (d) form 12 (official postal poll card);

• (e) form 14 (official proxy postal poll card).

SCHEDULE1 — Representation of the People (England and Wales) Regulations 2001 forms

Form A1: official postal poll card to be sent to an elector voting by post

Front of card

Rear of card

Form B1: official proxy postal poll card to be sent to an appointed proxy voting by post

Front of card

Rear of card

Form G: postal voting statement for use at a parliamentary election taken alone

Front of form

Rear of form

Form H: postal voting statement for use when postal ballots are combined

Front of form

Rear of form

Form J: postal voting statement for use when a parliamentary poll is combined with another poll but the postal ballots are not combined

Front of form

Rear of form

New form K1: statement as to postal ballot papers for parliamentary elections and local government elections in England

First page

Second page

Final page

SCHEDULE 2 — Representation of the People (Scotland) Regulations 2001 forms

Form A1: official postal poll card to be sent to an elector voting by post

Front of card

Rear of card

Form B1: official proxy postal poll card to be sent to an appointed proxy voting by post

Front of card

Rear of card

Form G: postal voting statement for use at a parliamentary election taken alone

Front of form

Rear of form

Form J: postal voting statement for use when a parliamentary poll is combined with another poll but the postal ballots are not combined

Front of form

Rear of form

Form K: statement as to postal ballot papers

First page

Second page

Final page

SCHEDULE 3 — Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 forms

PART 1 — Mayoral elections in England: standalone poll

Form 7A: postal voting statement – mayoral elections in England

Front of form

Rear of form

Form 9A: official postal poll card (for use at mayoral elections in England)

Front of card

Rear of card

Form 11ZA: official proxy postal poll card (for use at mayoral elections in England)

Front of card

Rear of card

PART 2 — Mayoral elections in England: combined polls

Form 7A(1): postal voting statement for use when there is a joint issue and receipt of ballot papers – mayoral elections in England

Front of form

Rear of form

Form 7A(2): postal voting statement for use when a mayoral election is combined with another poll but the postal ballots are not combined – mayoral elections in England

Front of form

Rear of form

Form 9A: official postal poll card (for use at mayoral elections in England)

Front of card

Rear of card

Form 11ZA: official proxy postal poll card (for use at mayoral elections in England)

Front of card

Rear of card

SCHEDULE 4 — Local Authorities (Conduct of Referendums) (England) Regulations 2012 forms

PART 1 — Local Government Act referendums: standalone poll

Postal voting statement

Front of form

Rear of form

Official postal poll card (to be sent to a voter voting by post)

Front of card

Rear of form

Official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of card

Rear of form

PART 2 — Local Government Act referendums: combined poll

Postal voting statement (for use where there is joint issue and receipt of postal ballot papers)

Front of form

Rear of form

Postal voting statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined)

Front of form

Rear of form

Official postal poll card (to be sent to a voter voting by post)

Front of card

Rear of card

Official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of card

Rear of card

SCHEDULE 5 — Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 forms

PART 1 — Local Government Finance Act referendums: standalone poll

Postal voting statement

Front of form

Rear of form

Official postal poll card (to be sent to a voter voting by post)

Front of card

Rear of form

Official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of form

Rear of card

PART 2 — Local Government Finance Act referendums: combined polls

Postal voting statement (for use where there is joint issue and receipt of postal ballot papers)

Front of form

Rear of form

Postal voting statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined)

Front of form

Rear of form

Official postal poll card (to be sent to a voter voting by post)

Front of card

Official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of card

Rear of card

SCHEDULE 6 — Police and Crime Commissioner Elections Order 2012 forms

PART 1

Form 2: Postal voting statement where PCC election taken alone

Front of form

Rear of form

Form 4: Postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined

Front of form

Rear of form

Form 5: Statement of the number of postal ballot papers issued

First page

Second page

Final page

PART 2

Form 12: Official postal poll card

Front of card

Rear of card

Form 14: Official postal proxy poll card

Front of card

Rear of card

SCHEDULE 7 — Neighbourhood Planning (Referendums) Regulations 2012 forms

PART 1 — Neighbourhood planning referendums: standalone poll

Form 6: Postal voting statement

Front of form

Rear of form

Form 8: Official postal poll card

Front of card

Rear of card

Form 10: Official proxy postal poll card

Front of card

Rear of card

PART 2 — Neighbourhood planning referendums: combined polls

Form 6: Postal voting statement for use when there is joint issue and receipt of postal ballot papers

Front of form

Rear of form

Form 7: Postal voting statement for use where a referendum poll is combined with another poll but the postal ballot papers are not combined

Front of form

Rear of form

Form 9: Official postal poll card to be sent to a voter voting by post

Front of card

Rear of card

Form 11: Official proxy postal poll card to be sent to an appointed proxy voting by post

Front of card

Rear of card

PART 3 — Neighbourhood planning business referendums

Form 4: Form of business referendum postal voting statement

Front of form

Rear of form

SCHEDULE 8 — Recall of MPs Act 2015 (Recall Petition) Regulations 2016 forms

PART 1 — Forms for recall petitions in Great Britain

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

First page

Second page

Final page

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

First page

Second page

Final page

Form K: Postal petition statement

First page

Final page

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

First page

Second page

Final page

PART 2 — Forms for recall petitions in Northern Ireland

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

First page

Second page

Final page

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

First page

Second page

Final page

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

First page

Final page

Form M: Declaration of identity

First page

Final page

SCHEDULE 9 — Combined Authorities (Mayoral Elections) Order 2017 forms

PART 1 — Combined authority mayoral elections: standalone poll

Form 7: Postal voting statement

Front of form

Rear of form

Form 9: Official postal poll card

Front of card

Rear of card

Form 11: Official proxy postal poll card

Front of card

Rear of card

PART 2 — Combined authority mayoral elections: combined poll

Form 7(1): Postal voting statement (joint issue)

Front of form

Rear of form

Form 7(2): Postal voting statement (standalone issue)

Front of form

Rear of form

Form 9: Official postal poll card

Front of card

Rear of card

Form 11: Official proxy postal poll card

Front of card

Rear of card

SCHEDULE 10 — Police and Crime Commissioner Elections (Welsh Forms) Order 2021 forms

Form 2: Postal voting statement where PCC election taken alone

Front of form

Rear of form

Form 4: Postal voting statement where polls are combined but proceedings on issue and receipt of postal ballots are not combined

Front of form

Rear of form

Form 5: Statement of the number of postal ballot papers issued

First page

Second page

Third page

Final page

Form 12: Official postal poll card

Front of card

Rear of card

Form 14: Official proxy postal poll card

Front of card

Rear of card

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Jacob Young — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 20th November 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to subordinate legislation in consequence of provisions contained in the Elections Act 2022 (c. 37) (“the Act”). The amendments made by these Regulations complement provisions in the Act relating to the handling of postal voting documents by political campaigners (section 4); handing in postal voting documents (section 5); the requirements relating to secrecy (section 7); and the simple majority system to be used in elections for certain offices (section 13).

The provisions relating to the handing in of postal voting documents set out new procedures which will apply to the handing in of postal voting documents at polling stations and to the returning officer for UK Parliamentary elections and various other polls in England. The amendments relating to the handling of postal voting documents by political campaigners and requirements relating to secrecy ensure provisions consistent with those contained in the Act apply across relevant electoral subordinate legislation. Additionally, these Regulations update prescribed forms for use at elections, referendums and recall petitions as a consequence of these new provisions.

Regulations 2 and 3 amend the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) and the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), respectively, to set out new provisions relating to procedures for the handing in of postal voting documents at polling stations and to the returning officer for UK Parliamentary elections and certain local government elections in England.

Regulation 4 makes a small amendment to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294) in consequence of the amendments made by section 13 of the Act to the system of election for the Mayor of London.

Regulations 5 and 11 amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024) and the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), respectively, to apply consequential amendments relating to the new procedures for the handing in of postal voting documents at polling stations and to the returning officer in England, specifically in relation to certain mayoral elections.

Regulations 6, 7 and 9 amend the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323), the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), and the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), respectively. Regulations 6, 7 and 9 make consequential amendments to those statutory instruments in relation to the new procedures for the handing in of postal voting documents at polling stations and to the counting officer in England, specifically in relation to local referendums. The amendments made by those regulations also ensure that new restrictions relating to the handling of postal voting documents by political campaigners provided for by the Act will apply in relation to the handling of postal voting documents at local referendums in England. Finally, the amendments also ensure that new requirements relating to secrecy for postal and proxy votes provided for by the Act will apply to postal and proxy voting at local referendums in England.

Regulation 8 amends the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) to set out the new provisions which will apply at police and crime commissioner elections in England and Wales relating to: the handling of postal voting documents by political campaigners; handing in postal voting documents at polling stations and to the returning officer; and requirements for secrecy. Regulation 12 updates Welsh and English versions of prescribed forms in Schedule 3 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (S.I. 2021/291) equivalent to the form updates made by regulation 8 to the 2012 Order.

Regulation 10 amends the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295) to set out the new provisions which will apply to recall petitions for the recall of MPs in relation to: the handling of postal petition documents by political campaigners; handing in postal petition documents; and requirements for secrecy.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes