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Representation of the People Act 1983

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[F337(1)[F4Subject to rule 35(3) and to paragraphs (1A) to (1P), a] ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—E+W+S

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the number of the elector shall be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him;

(c)a mark shall be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received;

(d)the voter shall sign the list mentioned in rule 29(3)(e) beside the number of the elector marked on the list in accordance with sub-paragraph (b) above; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

[F6(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 (see paragraph (1P)).

(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.

See rule 40ZB (procedure where ballot paper is refused under this paragraph).

(1F)But there is an exception from paragraph (1E) for cases within sub-paragraph (a) of that paragraph 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 “specified document”, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph (1K)), means any of the following documents (in whatever form issued to the holder) that contain a photograph of the holder—

(a)a United Kingdom passport (see paragraph (1I));

(b)a passport issued by an EEA state or a Commonwealth country;

(c)a licence to drive a motor vehicle granted under—

(i)Part 3 of the Road Traffic Act 1988, or

(ii)the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (N.I. 1));

(d)a driving licence issued by any of the Channel Islands, the Isle of Man or an EEA state;

(e)a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007;

(f)an identity card bearing the Proof of Age Standards Scheme hologram (a PASS card);

(g)a Ministry of Defence Form 90 (Defence Identity Card);

(h)a relevant concessionary travel pass (see paragraph (1J));

(i)a badge of a form prescribed under section 21 of the Chronically Sick and Disabled Persons Act 1970 or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (blue badge scheme);

(j)an electoral identity document issued under section 13BD (electoral identity document: Great Britain);

(k)an electoral identity card issued under section 13C (electoral identity card: Northern Ireland);

(l)a national identity card issued by an EEA state.

(1I)In paragraph (1H)(a)United Kingdom passport” means a passport issued by—

(a)the Government of the United Kingdom,

(b)the Lieutenant-Governor of any of the Channel Islands or the Isle of Man, or

(c)the Government of any British overseas territory.

(1J)In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table—

passes funded by the Government of the United Kingdoman Older Person’s Bus Pass
a Disabled Person’s Bus Pass
an Oyster 60+ card
a Freedom Pass
passes funded by the Scottish Governmentthe National Entitlement Card
passes funded by the Welsh Governmenta 60 and Over Welsh Concessionary Travel Card
a Disabled Person’s Welsh Concessionary Travel Card
passes issued under the Northern Ireland Concessionary Fares Schemea Senior SmartPass
a Registered Blind SmartPass or Blind Person’s SmartPass
a War Disablement SmartPass or War Disabled SmartPass
a 60+ SmartPass
a Half Fare SmartPass

(1K)In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which—

(a)was issued by an appropriate registration officer, and

(b)contains the voter’s electoral number.

(1L)For the purposes of paragraph (1K)

  • appropriate registration officer” means—

    (a)

    the registration officer for the constituency in which the election is being held, or

    (b)

    where the election is being held in a constituency for which there is more than one registration officer, any of those officers;

  • a voter’s “electoral number” is the number—

    (a)

    allocated to the voter as stated in the copy of the register of electors, or

    (b)

    where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.

(1M)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 (subject to paragraph (1N)).

(1N)Paragraph (1M) does not apply to a document which—

(a)is referred to in paragraph (1H)(j) or (1K), and

(b)in accordance with regulations made by virtue of section 13BD or 13BE (as the case may be), is issued for use only at a particular poll or at particular polls being held on the same day.

(1P)In this rule a “forged document” means a false document made to resemble a specified document.

(1Q)Regulations may make provisions varying paragraph (1H), (1I) or (1J) by—

(a)adding a reference to a document to any of those paragraphs,

(b)removing a reference to a document from any of those paragraphs (other than the document referred to in paragraph (1H)(j)), or

(c)varying any description of document referred to in any of those paragraphs.

(1R)The power to make provision by virtue of paragraph (1Q)(b) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission.

(1S)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.

(1T)References in this rule to producing a document are to producing it for inspection.]

(2)In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card F7...

(3)In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), paragraph (1) above is modified as follows—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in sub-paragraph (c), for “in the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of this Act ”.

(4)Paragraph (1)(d) above does not apply to a voter to whom rule 38 or 39 applies.

(5)The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

(6)The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

[F9(7)A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]]

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland.

Textual Amendments

F3Sch. 1 rule 37 substituted (E.W.S.) (1.1.2007 for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 75; S.I. 2006/3412, art. 3, Sch. 1 para. 12(d)

Modifications etc. (not altering text)

C10Sch. 1 rule 37 applied (with modifications) (31.7.1997) by Referendums (Scotland and Wales) Act 1997 (c. 61), s. 3, Sch. 3 para. 13 Table 2

C11Sch. 1 rule 37 applied (with modifications) (31.1.2024) by S.I. 2001/2599, Sch. 1 (as amended by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 42; S.I. 2023/1145, reg. 4(e)(xiii) (with Sch. para. 3))

37(1)[F10Subject to paragraphs (1A) to (1G) below, a] ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—N.I.

(a)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the number, [F12and name] of the elector as stated in the copy of the register of electors shall be called out;

(c)the number of the elector shall be marked on [F13the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him];

(d)a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

[F14(1ZA)In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9), paragraph (1) is modified as follows—

(a)in sub-paragraph (b), for “copy of the register of electors” substitute copy of the notice issued under section 13BA(9);

(b)in sub-paragraph (d), for “in the register of electors” substitute on the copy of the notice issued under section 13BA(9).]

[F15(1A)A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

[F16(1AA)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.]

(1B)Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless [F17

(a)the officer or clerk decides that—

(i)the document, or

(ii)the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (1DC)),

raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b)the officer or clerk reasonably suspects that the document is a forged document (see paragraph (1EA)).]

(1C)[F18Where in such a case it is a presiding officer who so decides [F19or reasonably suspects (as the case may be)] ,] he shall refuse to deliver a ballot paper to the voter [F20(subject to paragraph (1DA))].

[F21(1D)Where in such a case it is a clerk who so decides [F22or reasonably suspects (as the case may be)], he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.]

[F23(1DA)There is an exception from paragraph (1C) for cases within sub-paragraph (a) of paragraph (1B) 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.

(1DB)The refusal to deliver a ballot paper under paragraph (1C) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1DA) apply on any further application.

(1DC)For the purposes of paragraph (1B)(a)(ii), “relevant provision” means—

(a)where the voter is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act, and

(b)where the voter is registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.]

(1E)For the purposes of this rule a specified document is [F24a document (in whatever form issued to the holder and regardless of any expiry date) which] for the time being falls within the following list:—

[F25(a)a F26... licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;]

(b)a F27... passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;

(c)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(h)[F30an] electoral identity card issued under section 13C of this Act;]

[F31(i)a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;]

[F32(j) a [F33Registered Blind SmartPass or] Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(k)a [F34War Disablement SmartPass or] War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;]

(l)[F35a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;]

[F36(m)a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;

(n)a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.]

[F37In sub-paragraph (a) a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 F38... or under F39... the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force [F40and includes a Community licence within the meaning of those enactments].]

[F41(1EA)In this rule a “forged document” means a false document made to resemble a specified document.]

(1F)Regulations may make provision varying the list in paragraph (1E) above (whether by adding or deleting documents or varying any description of document).

[F42(1FA)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.]

(1G)References in this rule to producing a document are to producing it for inspection.]

(2)The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose [F43the number and other unique identifying mark], and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3)The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

[F44(4)A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]

Subordinate Legislation Made

P1Sch. 1 r. 37: for previous exercises of this power, see Index of Government Orders.

P2Sch. 1 rule 37(1F): s. 53 (with s. 201(1), Sch. 1 r. 37(1F) and Sch. 2 para. 11A) power exercised (N.I.) by S.I.1991/1674.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F13Words in Sch. 1 rule 37(1)(c) substituted (N.I.) (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 90(2)(b); S.I. 2008/1316, arts. 2, 5

F23Sch. 1 rule 37(1DA)-(1DC) inserted (16.1.2023 for specified purposes, 31.1.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 17(7); S.I. 2022/1401, reg. 2(d)(ix)(cc) (with reg. 3(1)); S.I. 2023/1145, reg. 4(a) (with Sch. para. 3)

F26Word in Sch. 1 rule 37(1E)(a) omitted (N.I.) (1.7.2008) by virtue of S.I. 2008/1741, regs. 1(1), 15(a)

F27Word in Sch. 1 rule 37(1E)(b) omitted (N.I.) (1.7.2008) by virtue of S.I. 2008/1741, regs. 1(1), 15(b)

F30Words in Sch. 1 rule 37(1E)(h) substituted (N.I.) (1.7.2008) by S.I. 2008/1741, regs. 1(1), 15(c)

F32Sch. 1 rule 37(1E)(j)(k) inserted (N.I.) (1.7.2008) by S.I. 2008/1741, regs. 1(1), 15(e)

F35Sch. 1 rule 37(1E)(l) inserted (N.I.) (4.2.2010) by S.I. 2010/278, regs. 1(2), 12(2)

F38Words in Sch. 1 rule 37(1E) omitted (N.I.) (4.2.2010) by virtue of S.I. 2010/278, regs. 1(2), 12(3)(a)

F39Words in Sch. 1 rule 37(1E) omitted (N.I.) (1.7.2008) by virtue of S.I. 2008/1741, regs. 1(1), 15(d)

F40Words in Sch. 1 rule 37(1E) inserted (N.I.) (4.2.2010) by S.I. 2010/278, regs. 1(2), 12(3)(b)

F43Words in Sch. 1 rule 37(2) substituted (N.I.) (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 90(3); S.I. 2008/1316, arts. 2, 5

Modifications etc. (not altering text)

C11Sch. 1 rule 37 applied (with modifications) (31.1.2024) by S.I. 2001/2599, Sch. 1 (as amended by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 42; S.I. 2023/1145, reg. 4(e)(xiii) (with Sch. para. 3))

C12Sch. 1 rule 37 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

Sch. 1 rule 37 modified (17.2.1994) by S.I. 1994/342, arts. 1(2)(3), 2(2), 16(4)

C13Sch. 1 rule 37 applied (with modifications) (4.5.1996) by The Elections (Northern Ireland) Order 1996 (S.I. 1996/1220), art. 3(1)(5)-(8), Sch. 1

Sch. 1 rule 37 applied (with modifications) (25.4.1998) by The Northern Ireland Negotiations (Referendum) Order 1998 (S.I. 1998/1126), art. 6, Sch. 2

C14Sch. 1 rule 37 applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1); modified (16.2.2011) by 2011 (c. 1), s. 19(1), Sch. 8 para. 22(4); and amended (8.2.2022) by S.I. 2022/47, regs. 1(2), 3(2)

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