The European Parliamentary Elections (Northern Ireland) Regulations 2004

Voting as proxy N.I.

11.—(1) A person entitled to vote as proxy at a European Parliamentary election may do so in person at the polling station allotted to the elector under the European Parliamentary elections rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

[F1 (1A) But in the case of a person entitled to vote as proxy for an elector who has an anonymous entry—

(a) paragraph (1) does not apply, and

(b) the person may only vote by post (where entitled as a proxy to vote by post).]

(2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) For the purposes of these Regulations, a person entitled to vote as proxy for another at a European Parliamentary election is entitled so to vote by post if he is included in the list kept under paragraph (8) in respect of the election.

(4) Where a person applies to the registration officer to vote by post as proxy at European Parliamentary elections, for an indefinite period, the registration officer shall (subject to paragraphs (9) and (11)) grant the application if—

(a) the applicant is included in any record kept under regulation 8, or

(b) the address provided by the applicant in his application as the address to which his ballot paper is to be sent is not in the same ward as the elector’s qualifying address or, where the elector is registered in pursuance of an overseas elector’s declaration, the address specified in the declaration in accordance with section 2(4) of the 1985 Act, [F2 or

(c) the elector has an anonymous entry,]

and the application meets the requirements of Schedule 2 to these Regulations.

(5) The registration officer shall keep a record of those whose applications under paragraph (4) have been granted showing the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(6) Where a person applies to the registration officer to vote by post as proxy at a particular election and the application meets the requirements of Schedule 2 to these Regulations, the registration officer shall (subject to paragraphs (9) and (11)) grant the application if—

(a) he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the European Parliamentary elections rules, or

(b) the applicant is, or the registration officer is satisfied that he will be, included in the absent voters list for that election, [F3 or

(c) the elector has an anonymous entry.]

(7) Where, in the case of a particular election, a person included in the record kept under paragraph (5) applies to the registration officer for his ballot paper to be sent to a different address in the United Kingdom, the registration officer shall grant the application if it meets the requirements of Schedule 2 to these Regulations.

(8) The registration officer shall, in respect of each European Parliamentary election, keep a special list of—

(a) those who are for the time being included in the record kept under paragraph (5) together with the addresses provided by them in their applications under that paragraph or, as the case may be, paragraph (7) as the addresses to which their ballot papers are to be sent, and

(b) those whose applications under paragraph (6) have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

[F4 (8A) In the case of a person who has an anonymous entry, the list mentioned in paragraph (8)(a) or (b) must contain only—

(a) the person’s electoral number, and

(b) the date on which the entitlement of the person to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).

(8B) In the case of a person who is the proxy for an elector who has an anonymous entry, the list mentioned in paragraph (8)(a) or (b) must contain only—

(a) the person’s electoral number, and

(b) the date on which the elector’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the 1983 Act (in the absence of a further application under section 9B of that Act).]

(9) The registration officer shall not grant any application under this regulation unless—

(a) he is satisfied that the elector is or will be registered in the register of electors, and

(b) there is in force an appointment of the applicant as the elector’s proxy to vote for him at European Parliamentary elections or, as the case may be, the election concerned.

(10) The registration officer shall remove a person from the record kept under paragraph (5)—

(a) if he applies to the registration officer to be removed,

(b) where he was included in the record on the ground mentioned in paragraph (4)(a), if he ceases to be included in any record kept under regulation 8 or becomes so included in pursuance of a further application under that regulation,

[F5 (ba) where he was included in the record on the ground mentioned in paragraph (4)(c), if the elector ceases to have an anonymous entry,]

(c) if the elector ceases to be registered as mentioned in paragraph (9)(a), or

(d) if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not he is re-appointed).

[F6 (10A) Paragraph (2) does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 42(4) or (6) of the European Parliamentary elections rules.]

(11) A person applying to vote by post as proxy must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.

Textual Amendments

F1 Reg. 11(1A) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 14(a)

F2 Reg. 11(4)(c) and word inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 14(b)

F3 Reg. 11(6)(c) and word inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 14(c)

F4 Reg. 11(8A)(8B) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 14(d)

F5 Reg. 11(10)(ba) inserted (15.9.2014) by The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014 (S.I. 2014/1803), regs. 1(1), 14(e)

F6 Reg. 11(10A) inserted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 8