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

Alternative means of returning postal ballot paper or [F1 postal voting statement] E+W

79.—(1) For the purposes of rule 45(1B) of the rules in Schedule 1 to the 1983 Act(1) the manner in which a postal ballot paper or [F1 postal voting statement] may be returned to a polling station is by hand.

(2) For these purposes, the manner in which such a paper or [F2 statement] may be returned to the returning officer is by post or by hand.

[F3 (2A) For elections other than local government elections in Wales, subject to paragraphs (2B) and (4) the presiding officer of the polling station must deliver, or cause to be delivered—

(a) any postal ballot paper or postal voting statement, and

(b) any return of postal voting documents form,

returned to that station to the returning officer in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

(2B) A postal ballot paper or postal voting statement may only be delivered to the returning officer in accordance with paragraph (2A) if the requirements of regulation 79A are met and the paper and statement are not rejected in accordance with regulation 79B or 79D.]

(3) [F4 For local government elections in Wales,] [F5 subject to paragraph (4)] the presiding officer of the polling station shall deliver, or cause to be delivered, any postal ballot paper or [F1 postal voting statement] returned to that station to the returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

[F6 (4) The returning officer may collect, or cause to be collected, any postal ballot paper or [F1 postal voting statement] [F7 or return of postal voting documents form] which by virtue of paragraph [F8 (2A) or] (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.

[F9 (4A) For elections other than local government elections in Wales, where the returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement or return of postal voting documents form in accordance with paragraph (4) the presiding officer must first make up into separate packets sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet—

(a) the postal ballot papers and postal voting statements; and

(b) the return of postal voting documents forms for those postal ballot papers and postal voting statements.]

(5) [F10 For local government elections in Wales,] where the returning officer collects, or causes to be collected, any postal ballot paper or [F1 postal voting statement] in accordance with paragraph (4) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals.]

Textual Amendments

F1 Words 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))

F2 Word in reg. 79(2) 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(b)(i) (with reg. 1(2)(3)(e))

F3 Reg. 79(2A)(2B) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(a)

F4 Words in reg. 79(3) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(b)

F5 Words in reg. 79(3) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 11(2)

F6 Reg. 79(4)(5) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 11(3)

F7 Words in reg. 79(4) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(c)(i)

F8 Words in reg. 79(4) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(c)(ii)

F9 Reg. 79(4A) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(d)

F10 Words in reg. 79(5) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(e)

Modifications etc. (not altering text)

C1 Reg. 79 applied in part (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 9(3)(b)(iii))

C2 Reg. 79 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 34

C3 Reg. 79 applied in part (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6 (as amended (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 6(3)(b)(iii))

C4 Reg. 79 applied in part (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27) (as amended (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 7(3)(b)(iii))

Commencement Information

I1 Reg. 79 in force at 16.2.2001, see reg. 1(1)

(1)

Rule 45(1B) was inserted by paragraph 10(4)(a) of Schedule 6 to the 2000 Act.