Representation of the People Act 1983

56 (1) An order— U.K.

(a) for the inspection or production of any rejected ballot papers in the custody of the [F1 relevant registration officer] , or

(b) for the opening of a sealed packet of [F2 the completed corresponding number lists or of] certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in his custody,

may be made—

(i) by the House of Commons; or

(ii) if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition, by the High Court or [F3 the county court].

[F4 (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 an election petition relating to an election in England and Wales or Scotland.]

(2) An order for the opening of a sealed packet of [F5 the completed corresponding number lists or of] certificates or for the inspection of any counted ballot papers in the [F6 relevant registration officer's] custody may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(c) place and mode of inspection,

(d) production or opening,

as the House of Commons or court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of [F7 the completed corresponding number lists or of] certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the High Court from any order of [F8 the county court] under this rule.

(5) Any power given under this rule—

(a) to the High Court or, except in Northern Ireland, to [F9 the county court], may be exercised by any judge of the court otherwise than in open court; and

(b) in Northern Ireland to a county court, may be exercised in such manner as may be provided by rules of court.

(6) Where an order is made for the production by the [F1 relevant registration officer] of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

[F10 (7) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).]

(8) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the [F1 relevant registration officer] or to open any sealed packets of [F11 the completed corresponding number lists or of] certificates.

Textual Amendments

F1 Words in Sch. 1 rule 56(1)(6)(8) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(4)(a), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F2 Words in Sch. 1 rule 56(1)(b) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 31(7)(a), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F3 Words in Sch. 1 rule 56(1) substituted (22.4.2014) (with a view to the inserted references to the county court including (as in other places in this Act) a county court in Northern Ireland) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Sch. 1 rule 56(1A) inserted (E.W.S.) (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 29; S.I. 2022/1401, reg. 2(d)(xiii) (with reg. 3(1))

F5 Words in Sch. 1 rule 56(2) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 31(7)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F6 Words in Sch. 1 rule 56(2) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I) by Electoral Administration Act 2006 (c. 22), ss. 41(4)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F7 Words in Sch. 1 rule 56(3) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I) by Electoral Administration Act 2006 (c. 22), ss. 31(7)(c), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F8 Words in Sch. 1 rule 56(4) substituted (22.4.2014) (with a view to the inserted references to the county court including (as in other places in this Act) a county court in Northern Ireland) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9 Words in Sch. 1 rule 56(5)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10 Sch. 1 rule 56(7) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 31(7)(d), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F11 Words in Sch. 1 rule 56(8) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 31(7)(e), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

Modifications etc. (not altering text)

C1 Sch. 1 rules 54–57, 60 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 Sch. 1 rules 54–57, 60 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 Sch. 1 rule 56 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

Sch. 1 rule 56 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C4 Sch. 1 rule 56 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; and modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 paras. 38(3), 50(7)(b))

C5 Sch. 1 rule 56 applied (with modifications) by The Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), reg. 91A(3) (as inserted (6.4.2014) by S.I. 2013/3206, regs. 1(3)(c), 38)

C6 Sch. 1 rule 56 applied (with modifications) by S.I. 2001/497, reg. 91(4) (as substituted (S.) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 3(11)(b))