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

Lists of rejected postal ballot papers [F1 or postal voting documents] E+W

87.— [F2 (1) In respect of any election other than a local government election in Wales, the returning officer must keep the four separate lists relating to rejected postal ballot papers or postal voting documents specified in this regulation.

(1A) In respect of any local government election in Wales, the returning officer must keep the first, second and third lists specified in this regulation.]

(2) In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid [F3 postal voting statement] was received with it.

(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid [F3 postal voting statement] where that ballot paper is not received with the [F3 postal voting statement].

[F4 (4) In the third list, he shall record for every postal voting statement within the receptacle for rejected votes (verification procedure) immediately prior to sealing—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy),

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),

(c) the specified reason or reasons for the rejection of the postal voting statement, and

(d) any other information relating to the rejection that the returning officer considers appropriate, but not the ballot paper number.

(5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are as follows—

(a) the signature does not match the example held on the personal identifiers record,

(b) the date of birth does not match the one held on the personal identifiers record,

(c) the signature field is blank, or

(d) the date of birth field is blank.]

[F5 (6) In the fourth list, the returning officer must, subject to paragraph (9), record in relation to any elector whose postal voting documents were rejected in accordance with regulation 79B or 82B or were left behind postal voting documents—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy),

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),

(c) the specified reason or reasons for the rejection of the postal voting documents,

(d) an indication as to whether the postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the postal voting statement, and

(e) any other information relating to the rejection that the returning officer considers appropriate, but not the postal ballot paper number.

(7) The specified reasons that may be given under sub-paragraph (6)(c) for the rejection of the postal voting documents are—

(a) the postal voting documents were handed in at a polling station or to the returning officer but the return of postal voting documents form was not fully completed with the required information;

(b) the postal voting documents were handed in at a polling station or to the returning officer but the number of postal voting documents handed in exceeded or was suspected to exceed the permitted number;

(c) the postal voting documents were handed in by a political campaigner who was not permitted to hand in those postal voting documents;

(d) the postal voting documents were left behind postal voting documents.

(8) In compiling the fourth list the returning officer must open separately each covering envelope (including an envelope described in regulation 82(2)) and each ballot paper envelope.

(9) The obligation in paragraph (6) does not apply where an elector’s rejected postal voting documents do not include a postal voting statement.]

Textual Amendments

F1 Words in reg. 87 heading 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(9)(a)

F2 Reg. 87(1)(1A) substituted for reg. 87(1) (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(9)(b)

F3 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))

F4 Reg. 87(4)(5) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 34(2); S.I. 2014/414, art. 3(a)

F5 Reg. 87(6)-(9) 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(9)(c)

Modifications etc. (not altering text)

C1 Reg. 87 applied (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)(v))

C2 Reg. 87 applied (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)(v))

C3 Reg. 87 applied (with modifications) (E.) (6.4.2014) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by (S.I. 2014/333, regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)) and (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 9(3)(b)(v))

C4 Reg. 87 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 45

Commencement Information

I1 Reg. 87 in force at 16.2.2001, see reg. 1(1)