The Representation of the People (England and Wales) Regulations 2001

Changes over time for: Section 78

Alternative versions:

Changes to legislation:

The Representation of the People (England and Wales) Regulations 2001, Section 78 is up to date with all changes known to be in force on or before 13 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

reg. 31I(3)(t) inserted by S.I. 2022/1382 reg. 38(2)
reg. 32ZA(3A) inserted by 2020 anaw 1 s. 13(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 32ZA already revoked (22.1.2020) by S.I. 2020/50, reg. 10)
reg. 32ZA(5A) inserted by 2020 anaw 1 s. 13(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 32ZA already revoked (22.1.2020) by S.I. 2020/50, reg. 10)

Lost postal ballot papersE+W

78.—[F1(1) Where a postal voter claims either to have lost or not to have received—

(a)his postal ballot paper, or

(b)the [F2postal voting statement], or

(c)one or more of the envelopes supplied for their return,

by the fourth day before the day of the poll, he may apply (whether or not in person) to the returning officer for a replacement ballot paper.]

(2) Such an application shall include evidence of the voter’s identity.

[F3(2A) Where a postal voter exercises the entitlement conferred by paragraph (1), he shall return—

(a)the documents referred to in paragraph (1)(a) to (c); and

(b)where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued,

which he has received and which have not been lost.

(2B) Any postal ballot paper or [F2postal voting statement] returned in accordance with paragraph (2A) shall be immediately cancelled.

(2C) The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.]

(3) [F4Subject to paragraph (3A)] where the application is received by the returning officer before [F55pm on the day of the poll] and the returning officer—

(a)is satisfied as to the voter’s identity, and

[F6(b)has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the [F2postal voting statement] or one or more of the envelopes provided for their return.]

he shall issue another postal ballot paper or, as the case may be, postal ballot papers.

[F7(3A) Where the application is received by the returning officer after 5pm on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, other ballot papers if the postal voter applied in person.]

(4) The returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)—

(a)the name and number of the elector as stated in the register [F8(or, in the case of an elector who has an anonymous entry, his electoral number alone)];

(b)the number of the postal ballot paper issued under this regulation; and

[F9(c)where the postal voter is a proxy, his name and address.]

(5) Regulations 72 (except paragraph (3)), 74, 75 and, subject to paragraph (6) below, 76 above shall apply to the issue of a replacement postal ballot paper under paragraph (3) above.

[F10(6) Where a postal voter applies in person—

(a)by 5pm on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or

(b)after 5pm on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,

instead of delivering it in accordance with regulation 76.]

Textual Amendments

F1Reg. 78(1) substituted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 10(2)

F2Words in Regulation substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(a) (with reg. 1(2)(3)(e))

F3Reg. 78(2A)-(2C) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 10(3)

F4Words in reg. 78(3) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 10(4)(a)

F5Words in reg. 78(3) substituted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 10(4)(b)

F6Reg. 78(3)(b) substituted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 10(4)(c)

F7Reg. 78(3A) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 10(5)