Chwilio Deddfwriaeth

Chwiliad Uwch

The Police and Crime Commissioner Elections Order 2012

Status:

Point in time view as at 16/01/2023.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Police and Crime Commissioner Elections Order 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Article 11

SCHEDULE 2U.K.Absent voting in PCC elections

Form 1

Proxy paper (paragraph 5(5))

Form 2

Postal voting statement where PCC election taken alone (paragraph 30(2))

Form 3

Combination with mayoral election only: postal voting statement where proceedings on issue and receipt of postal ballot papers combined (paragraph 30(3))

Form 4

Other combinations: postal voting statement where proceedings on issue and receipt of postal ballot papers not combined (paragraph 30(5))

Form 5

Completed statement of the number of postal ballot papers issued (paragraph 59(1)(b))

PART 1U.K.Manner of voting at PCC election and entitlement to absent vote

Manner of voting at PCC electionsU.K.

1.—(1) This paragraph applies to determine the manner of voting of a person (“P”) entitled to vote as an elector at a PCC election.

(2) P may vote in person at the polling station to which he or she is allotted under the PCC elections rules, unless P is entitled as an elector to vote by post or by proxy at the PCC election.

(3) P may vote by post if P is entitled as an elector to vote by post at the PCC election.

(4) If P is entitled to vote by proxy at the PCC election, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station to which he or she is allotted under the PCC elections rules for a ballot paper for the purpose of voting in person, in which case P may vote in person there.

(5) If—

(a)P is not entitled to vote by post or by proxy at a PCC election, but

(b)P cannot reasonably be expected to go in person to the polling station to which P is allotted under the PCC elections rules by reason of the particular circumstances of P's employment, either as a constable or by a local returning officer, on the date of the poll for a purpose connected with the PCC election,

P may vote in person at any polling station in the same voting area as the allotted polling station.

[F1(5A) In sub-paragraph (5), a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for civilian staff).]

(6) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the person is registered by virtue of that provision or not; and such a person may vote—

(a)in person (where the person is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or

(b)by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).

(7) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7A of the 1983 Act (persons remanded in custody) applies, whether the person is registered by virtue of that provision or not; and such a person may vote only by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).

(8) Sub-paragraph (2) does not prevent a person, at the polling station to which he or she is allotted, marking a tendered ballot paper in pursuance of rule 40 of the PCC elections rules (votes marked by presiding officer).

Textual Amendments

Entitlement to absent vote at PCC electionsU.K.

2.—(1) A person entitled to vote in a PCC election is entitled to vote by post or by proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person.

(2) This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 4(2) as entitled to vote by post in a PCC election.

(3) This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 4(3) as entitled to vote by proxy in a PCC election.

Application to vote by post or proxy at a particular PCC electionU.K.

3.—(1) Where a person applies to the registration officer to vote by post at a particular PCC election, the officer must grant the application if—

(a)the officer is satisfied that the applicant is or will be registered in the register of electors, and

(b)the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(2) Where a person applies to the registration officer to vote by proxy at a particular PCC election, the officer must grant the application if—

(a)the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be, allotted under the PCC elections rules,

(b)the officer is satisfied that the applicant is or will be registered in the register of electors, and

(c)the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(3) Where a person who has an anonymous entry in the register applies to the registration officer to vote by proxy at a particular PCC election, the registration officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.

(4) Nothing in sub-paragraph (1), (2) or (3) applies to—

(a)a person [F2who is registered in the register of electors and] who is included in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 (absent vote at parliamentary or local government elections for definite or indefinite period) M1, F3...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) But if a person is included in a record mentioned in sub-paragraph (4) and is shown in the record as voting by post, the person may, in respect of a particular PCC election, apply to the registration officer—

(a)for his or her ballot paper to be sent to a different address from that shown in the record, or

(b)to vote by proxy.

(6) The registration officer must grant an application under sub-paragraph (5) if—

(a)in the case of any application, it meets the requirements set out in Part 2 of this Schedule, and

(b)in the case of an application to vote by proxy, the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be allotted, under the PCC elections rules.

(7) The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—

(a)to provide a signature because of any disability the applicant has, or

(b)to provide a signature because the applicant is unable to read or write, or

(c)to sign in a consistent and distinctive way because of any such disability or inability.

(8) The registration officer must keep a record of those whose applications under this paragraph have been granted showing—

(a)their dates of birth, and

(b)except in cases where the registration officer in pursuance of sub-paragraph (7) has dispensed with the requirement to provide a signature, their signatures.

(9) The record kept under sub-paragraph (8) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).

Textual Amendments

Marginal Citations

M1Schedule 4 to the Representation of the People Act 2000 (c.2) also has effect in relation to mayoral elections in England and Wales by virtue of Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024). It also has effect in relation to referendums in England by virtue of Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323) and Schedule 4 to the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444).

Absent voter listsU.K.

4.—(1) The registration officer must, in respect of each PCC election, keep the two special lists mentioned in sub-paragraphs (2) and (3).

(2) The first of those lists (“the postal voters list”) is a list of—

(a)the persons who [F4are registered in the register of electors and] are for the time being shown as voting by post in the record referred to in paragraph 3(4)(a) or (b), together with (in each case) the addresses provided in their applications under, as the case may be—

(i)paragraph 3 of Schedule 4 to the Representation of the People Act 2000,

F5(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)paragraph 3(5)(a) of this Schedule,

as the address to which their ballot papers are to be sent;

(b)the persons whose application under paragraph 3(1) of this Schedule to vote by post at the PCC election have been granted, together with the addresses provided in their applications as the address to which their ballot papers are to be sent.

(3) The second list (“the list of proxies”) is a list of—

(a)the persons who [F6are registered in the register of electors and] are for the time being shown as voting by proxy in the record referred to in paragraph 3(4)(a) F7..., together with F7... the names and addresses of the proxies appointed underF7...—

(i)paragraph 6 of Schedule 4 to the Representation of the People Act 2000,

F8(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the persons whose application under paragraph 3(2), (3) or (5)(b) of this Schedule to vote by proxy at the PCC election have been granted, together with (in each case) the names and addresses of the proxy appointed under paragraph 5 of this Schedule.

(4) In the case of a person who has an anonymous entry in the register of electors, the postal voters list or list of proxies (as the case may be) must contain only—

(a)the person's electoral number, and

(b)the period for which the anonymous entry has effect.

(5) The registration officer must, forthwith on completion of the compilation of those special lists, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of those lists as relate to that voting area.

Textual Amendments

Proxies at PCC elections: appointmentU.K.

5.—(1) Subject to the following provisions of this paragraph, any person is capable of being appointed proxy to vote for another (“the elector”) at a PCC election.

(2) The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a PCC election in the same police area.

(3) A person is capable of being appointed to vote as proxy at a PCC election only if—

(a)the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and

[F9(b)the person is or will be registered in the register of electors F10... ]

(4) The registration officer must make the appointment if the application meets the requirements set out in Part 2 of this Schedule and the registration officer is satisfied that—

(a)the elector is or will be—

(i)registered in the register of electors, and

(ii)entitled to vote by proxy at that election by virtue of an application under paragraph 3(2), (3) or (5)(b) (proxy vote at particular PCC election), and

(b)the proxy is capable of being, and willing to be, appointed.

(5) The appointment of a proxy under this paragraph must be made by means of a proxy paper issued by the registration officer in Form 1 set out in Part 4 of this Schedule or a proxy paper to the like effect.

(6) The appointment may be cancelled by the elector by giving notice to the registration officer.

(7) The appointment also ceases to be in force on the issue of a proxy paper appointing a different person to vote for the elector at a PCC election in the same police area.

(8) Subject to sub-paragraphs (6) and (7), the appointment remains in force for the particular election to which it relates.

Textual Amendments

Proxies at PCC elections: entitlement to voteU.K.

6.—(1) Subject to the following provisions of this paragraph, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (“the elector”).

(2) In sub-paragraph (1) “relevant proxy appointment” means—

(a)in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(a)(i), an appointment under paragraph 6 of Schedule 4 to the Representation of the People Act 2000;

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(b), an appointment under paragraph 5 of this Schedule.

(3) A person is capable of voting as proxy at a PCC election only if—

(a)the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and

[F12(b)the person is or will be registered in the register of electors F13... ]

(4) A person is not capable of voting as proxy at a PCC election unless on the date of the poll he or she has attained the age of eighteen.

(5) A person is not entitled to vote as proxy at the same ordinary PCC election in any police area on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

Textual Amendments

Voting as proxyU.K.

7.—(1) A person entitled to vote as proxy for another (“the elector”) at a PCC election may do so in person at the polling station to which the elector is allotted under the PCC elections rules unless the person is entitled to vote by post as proxy for the elector at the election, in which case the person may vote by post.

(2) Where a person is entitled to vote by post as proxy for an elector at a PCC election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) A person entitled to vote as proxy for an elector at a PCC election is entitled so to vote by post if the person is included in the list kept under sub-paragraph (7) in respect of the election.

(4) Where a person applies to the registration officer to vote by post as proxy at a particular PCC election, the registration officer must grant the application if the conditions set out in sub-paragraph (5) are satisfied.

(5) Those conditions are—

(a)that the registration officer is satisfied that the elector is or will be registered in the register of electors, and

(b)that the applicant is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(c), and

(c)that the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(6) In the case of a particular PCC election, a person who is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(a) F14... and who—

(a)is included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post), F15...

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may apply to the registration officer for his or her ballot paper for the PCC election to be sent to a different address from that shown in the record, and the officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.

(7) The registration officer must, in respect of each PCC election, keep a special list (“the proxy postal voters list”) of—

(a)the proxies who—

(i)were appointed as mentioned in paragraph 4(3)(a)(i), and

(ii)are for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post),

together with the addresses provided in their applications under paragraph 7(4)(a) or (7) of that Schedule or under sub-paragraph (6) (as the case may be) as the addresses to which their ballot papers are to be sent;

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the proxies—

(i)who were appointed as mentioned in paragraph 4(3)(b), and

(ii)whose applications under sub-paragraph (4) have been granted,

together with the addresses provided in their application under sub-paragraph (4) as the addresses to which their ballot papers are to be sent.

(8) In the case of a person who has an anonymous entry in the register of electors, the special list mentioned in sub-paragraph (7) must contain only—

(a)the person's electoral number, and

(b)the period for which the anonymous entry has effect.

(9) The registration officer must, forthwith on the completion of the compilation of that special list, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of that list as relates to that voting area.

(10) Sub-paragraph (2) does not prevent a person, at the polling station to which the person is allotted, marking a tendered ballot paper in the circumstances set out in case 3, 4, 5 or 6 of rule 42 of the PCC elections rules, if the person would otherwise be able to do so.

(11) The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—

(a)to provide a signature because of any disability the applicant has, or

(b)to provide a signature because the applicant is unable to read or write, or

(c)to sign in a consistent and distinctive way because of any such disability or inability.

(12) The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4), have been granted showing—

(a)their dates of birth, and

(b)except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures.

(13) The record kept under sub-paragraph (12) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).

Textual Amendments

Use of personal identifier informationU.K.

8.—(1) The registration officer must either—

(a)provide the local returning officer for a PCC election with a copy of the information in relation to electors entitled to vote at the election which is contained in records kept by the registration officer in pursuance of—

(i)paragraphs 3(9), 4(6) and 7(12) of Schedule 4 to the Representation of the People Act 2000 (dates of birth and signatures of certain electors and proxies),

F17(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)paragraphs 3(8) and 7(12) of this Schedule, or

(b)give the local returning officer access to such information.

(2) Information contained in records kept by a registration officer in pursuance of paragraph 3(8) or 7(12) may be disclosed by the registration officer (subject to the conditions prescribed in Part 2 of this Schedule) to—

(a)any other registration officer if the officer thinks that to do so will assist the other registration officer in the performance of his or her duties;

(b)any person exercising functions in relation to the preparation or conduct of legal proceedings under this Order or the Representation of the People Acts.

Textual Amendments

Offences as to declarations or forms used for purposes of postal and proxy vote applicationsU.K.

9.  A person who—

(a)in any declaration or form used for any of the purposes of this Part of this Schedule makes a statement knowing it to be false, or

(b)attests an application under paragraph 3 knowing—

(i)that he or she is not authorised to do so, or

(ii)that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Other offences as to postal and proxy vote applicationsU.K.

10.—(1) A person (“P”) commits an offence if P—

(a)engages in an act specified in sub-paragraph (2) at a PCC election, and

(b)intends, by doing so, to deprive another of an opportunity to vote or to make for P or another a gain of a vote to which P or the other is not otherwise entitled or a gain of money or property.

(2) These are the acts—

(a)applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b)otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

(c)inducing the registration officer or local returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

(d)causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3) In sub-paragraph (1)(b) property includes any description of property.

(4) In sub-paragraph (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

(5) A person who commits an offence under sub-paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

PART 2U.K.Applications for absent vote

General requirements for applications for absent voteU.K.

11.—(1) An application under Part 1 of this Schedule must state—

(a)the full name of the applicant,

(b)except in a case within paragraph (c), the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register,

(c)in the case of an application under paragraph 7(4) or 7(6) (applications relating to postal proxy voting), the proxy's address, together with the name of the elector for whom the applicant will act as proxy and the elector's address for the purposes of paragraph (b),

(d)in the case of a person applying to vote by post, the address to which the ballot paper should be sent,

(e)in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote,

(f)in the case of a person who is unable to provide a signature (or a consistent or distinctive signature), the reasons for requesting the waiver of any requirement under paragraph 3 or 7 to provide a signature and the name and address of any person who has assisted in the completion of the application, and

(g)where the applicant has, or has applied for, an anonymous entry, that fact.

(2) The application must be made in writing and must be dated.

(3) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into the record by configuring the information as follows—

(a)the signature must appear against a background of white unlined paper of at least five centimetres long and two centimetres high, and

(b)the applicant's date of birth must be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(4) Sub-paragraph (3)(a) does not apply where the application contains a request that the registration officer waive the requirement for a signature.

(5) An application under Part 1 of this Schedule must—

(a)state that it is made for a particular PCC election, and

(b)identify the election in question.

(6) An application to vote by proxy must also include an application for the appointment of a proxy which meets the requirements of paragraph 14 [F18and (where applicable) paragraph 14A].

(7) An application under Part 1 of this Schedule may be combined with an application for an absent vote made under the 2001 Regulations, including those Regulations as applied by regulations made under sections 9HE and 105, 9MG and 105, 44 and 105 or 45 and 105 of the Local Government Act 2000 M2 or sections 52ZQ and 113 of the Local Government Finance Act 1992 M3.

Textual Amendments

Marginal Citations

M22000 c.22. Sections 9HE and 9MG were inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20). Section 45 was amended by section 22 of, and paragraph 66 of Schedule 3 to, that Act. Section 105 was amended by section 22 of, and paragraph 70 of Schedule 3 to, that Act.

M31992 c.14. Section 52ZQ was inserted by Schedule 5 to the Localism Act 2011 and section 113 was amended by section 72 of, and paragraph 32 of Schedule 6 to, that Act.

U.K.

Additional requirements for certain applicationsU.K.
Additional requirements: applications where address for ballot papers differs from address in applicationU.K.

12.—(1) Sub-paragraph (2) applies where—

(a)in the case of an application to vote by post under paragraph 3(1), the addresses stated in accordance with paragraph 11(1)(b) and (d) are different;

(b)in the case of an application by a proxy to vote by post under paragraph 7(4), the proxy's address stated in accordance with paragraph 11(1)(c) and the address stated in accordance with paragraph 11(1)(d) are different.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with paragraph 11(1)(d).

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements: applications for ballot papers to be sent to different address from address in recordU.K.

13.—(1) Sub-paragraph (2) applies to an application—

(a)under paragraph 3(5)(a) of this Schedule by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 F19..., or

(b)under paragraph 7(6) of this Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 F20...,

for the ballot paper to be sent to a different address from that shown in the record.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.

(3) Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.

Textual Amendments

Additional requirements: applications for the appointment of a proxy in respect of a particular PCC electionU.K.

14.—(1) Sub-paragraph (2) applies to an application for the appointment of a proxy under paragraph 3.

(2) The application must state the full name and address of the person whom the applicant (“P”) wishes to appoint as proxy, together with the person's family relationship (if any) with P and—

(a)if it is signed only by P, must contain a statement that P has consulted the person so named and that that person is capable of being and willing to be appointed to vote as P's proxy, or

(b)if it is also signed by the person to be appointed as proxy, must contain a statement that the person is capable of being and willing to be appointed to vote as P's proxy.

(3) The application must set out why the applicant's circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the applicant's allotted polling station.

(4) Where an application under [F21paragraph 3(2)]—

(a)is made on the grounds of the applicant's disability, and

(b)is made after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made,

the requirements of paragraph 15 apply to the matters to be specified and as to the attestation.

(5) Where an application mentioned in sub-paragraph (4) is made, the person attesting the application must state, in addition to the matters specified in paragraph 15, to the best of the attestor's knowledge and belief, the date upon which the applicant became disabled.

[F22(5ZA) For the purposes of sub-paragraphs (4) and (5), an application on grounds of the applicant’s disability does not include an application on grounds relating to coronavirus within the meaning of paragraph 16(2A)(a), (b) or (c).]

[F23(5A) Where an application under paragraph 3(2)—

(a)is made on grounds relating to the applicant’s occupation, service or employment; and

(b)is made after 5 p.m. on the sixth day before the date of the poll at the PCC election for which it is made,

the requirements of paragraph 15A apply to the matters to be specified and as to attestation.]

(6) Where an application under [F24paragraph 3(2)] is made by a person to whom paragraph 1(6) applies after 5pm on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (7) apply to the matters to be specified and as to attestation.

(7) Where an application mentioned in sub-paragraph (6) is made—

(a)the application must additionally state the name and address of the hospital at which the applicant is liable to be detained, and

(b)the application must be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983 M4, of the hospital at which the applicant is liable to be detained, and the attestation must state—

(i)the name of the person attesting the application,

(ii)that the person is authorised to make the attestation,

(iii)the person's position in the hospital at which the applicant is liable to be detained, and

(iv)the statutory provision under which the applicant is liable to be detained in the hospital.

(8) This paragraph does not apply where an applicant has an anonymous entry.

(9) In this paragraph and in paragraph 15, references to an “allotted polling station”, in relation to an elector, are to the polling station to which the elector is, or is likely to be, allotted under the PCC elections rules.

Textual Amendments

Marginal Citations

M41983. c.20. The definition of “managers” was amended by paragraph 24(9) of Schedule 9 to the National Health Service and Community Care Act 1990 (c.19), section 1 of the Mental Health (Amendment) Act 1994 (c.6), paragraph 107(14) of Schedule 1 to the Health Authorities Act 1995 (c.17), Schedule 5 to the Health Act 1999 (c.8), paragraphs 42 and 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002 (c.17), paragraphs 50 and 57 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43), paragraphs 62 and 70(d) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 and section 46(1)and (3)(b) of the Mental Health Act 2007 (c.12); and by S.I. 2000/90 2002/2469, 2007/961 and 2010/813.

[F25Additional requirements: applications for the appointment of a proxy on grounds relation to voter identificationU.K.

14A.—(1) This paragraph applies where—

(a)an application under paragraph 5(4) for the appointment of a proxy for the purposes of voting by proxy at a particular PCC election is made by a person (“A”);

(b)A has previously appointed a person (“B”) as A’s proxy for those purposes;

(c)at the time of making the application, B’s appointment remains in force; and

(d)A’s application is made on grounds relating to voter identification which relate to B.

(2) A’s application must—

(a)state that this paragraph applies, and

(b)state, to the best of A’s knowledge and belief, which of the conditions set out in paragraph 16A apply in respect of B.

(3) In sub-paragraph (1)—

(a)in paragraph (a), the reference to an application under paragraph 5(4) includes such an application which is included in an application under paragraph 3(2);

(b)in paragraph (d), “grounds relating to voter identification” has the meaning given in paragraph 16A.]

Textual Amendments

Additional requirements referred to in paragraph 14(4)U.K.

15.—(1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(4).

(2) The application must specify the disability by reason of which it is made and must be attested and signed by—

(a)a registered medical practitioner,

(b)a registered nurse,

(c)a registered dentist as defined by section 53(1) of the Dentists Act 1984 M5,

(d)a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989 M6,

(e)a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010 M7,

(f)a registered osteopath as defined by section 41 of the Osteopaths Act 1993 M8,

(g)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 M9,

(h)a Christian Science practitioner,

(i)a person registered as a member of a profession to which the Health Professions Order 2002 M10 for the time being extends,

(j)the person carrying on a care home registered under Part 2 of the Care Standards Act 2000 M11 where the applicant states that he or she is resident in that care home,

[F26(ja)the person registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a care home service (within the meaning of that Act) provided wholly or mainly to persons aged 18 or over where the applicant states that he or she is resident at a place where that service is provided;]

(k)the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he or she is resident in the premises where the warden works,

(l)a manager within the meaning of section 145(1) of the Mental Health Act 1983 (interpretation), or on behalf of such a manager, F27...

(m)a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000 M12[F28, or

(n)a person registered in the register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016.]

(3) A person who qualifies—

(a)by virtue of any of paragraphs (a) to (i) of sub-paragraph (2), may not attest an application for these purposes unless—

(i)that person is treating the applicant for the disability specified in the application, or

(ii)the applicant is receiving care from that person in respect of that disability, or

(b)by virtue of [F29paragraph (m) or (n)] of sub-paragraph (2), may not attest an application for these purposes unless—

(i)that person is treating the applicant for the disability specified in the application,

(ii)the applicant is receiving care from that person in respect of that disability, or

(iii)that person has arranged care or assistance for the applicant in respect of that disability.

(4) The person (“A”) attesting the application must state—

(a)A's name and address and the qualification by virtue of which A attests the application;

(b)where A is a person referred to in sub-paragraph (3)(a), that—

(i)A is treating the applicant for the disability specified in the application, or

(ii)the applicant is receiving care from A in respect of that disability,

(c)where A is a person referred to in sub-paragraph (3)(b), that—

(i)A is treating the applicant for the disability specified in the application,

(ii)the applicant is receiving care from A in respect of that disability, or

(iii)A has arranged care or assistance for the applicant in respect of that disability,

(d)that, to the best of A's knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability, and

(e)that, to the best of A's knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by A.

(5) Where A is a person referred to in sub-paragraph (2)(l), A must (instead of the matters specified in sub-paragraph (4)(a)) state in the attestation—

(a)A's name,

(b)that A is authorised to attest the application,

(c)A's position in the hospital at which the applicant is liable to be detained or is receiving treatment, and

(d)if applicable, the statutory provision under which the applicant is detained, or liable to be detained, at the hospital.

(6) Sub-paragraphs (2) to (5) do not apply where—

(a)the application is based on the applicant's [F30severe sight-impairment] and the applicant is registered [F31by the local authority which is specified in the application as—

(i)a blind person under section 29(4)(g) of the National Assistance Act 1948; or

(ii)a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults),]

(b)the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992) because of the disability specified in the application[F32, F33...

(c)the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the application][F34, F35...

(d)the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application] [F36or,

(e)the application states that the applicant is in receipt of one of the following benefits (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018) because of the disability specified in the application—

(i)the higher rate of the mobility component of disability assistance for children and young people, or

(ii)the enhanced rate of the mobility component of disability assistance for working age people.]

(7) The fact that an applicant is registered F37... [F38as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)] [F39or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014] is sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

Textual Amendments

Marginal Citations

M61989 c.44, as amended by S.I. 2005/848.

M12Section 56 has been amended by SI 2007/3101.

[F40Additional requirements referred to in paragraph 14(5A)U.K.

15A.—(1) This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(5A).

(2) The application must (in addition to providing the information required by paragraph 14(2) and (3)) state—

(a)where the applicant is self-employed, that fact;

(b)where the applicant is employed, the name of the applicant’s employer;

(c)that the reason provided in accordance with paragraph 14(3) relates to the applicant’s occupation, service or employment; and

(d)the date on which the applicant became aware of that reason.

(3) Sub-paragraphs (4), (5) and (6) apply unless the applicant is or will be registered as a service voter.

(4) The application must be attested and signed—

(a)where the applicant is self-employed, by a person who—

(i)is aged 18 years or over;

(ii)knows the applicant; and

(iii)is not related to the applicant,

(b)where the applicant is not self-employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer.

(5) The person attesting an application under sub-paragraph (4) (the “attestor”) must certify that the statements required by sub-paragraph (2) and the information required by paragraph 14(3) are true to the best of the attestor’s knowledge and belief.

(6) The attestor must also state—

(a)the attestor’s name and address; and

(b)if the attestor is attesting where the applicant is self-employed, that the attestor is aged 18 years or over, and that the attestor knows, but is not related to, the applicant; or

(c)if the attestor is attesting as or on behalf of the employer of the applicant, that the attestor is the employer or the position the attestor holds in the employment of that employer.

(7) For the purposes of this paragraph—

(a)one person (‘A’) is related to another (‘B’) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B;

(b)“service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it.]

Textual Amendments

[F41Additional requirements for an application under paragraph 3(2) for a proxy vote: grounds related to voter identificationU.K.

15B.—(1) Subject to sub-paragraph (2), this paragraph applies to an application under paragraph 3(2) to which paragraph 16(2C) applies.

(2) This paragraph does not apply where—

(a)the application under paragraph 3(2) includes an application under paragraph 5(4), and

(b)paragraph 14A(2) applies to that application under paragraph 5(4).

(3) Where this paragraph applies, the application under paragraph 3(2) must (in addition to any other information required by this Part)—

(a)state that it is made on grounds relating to voter identification, and

(b)states which of the conditions set out in paragraph 16A apply to the applicant.

(4) In this paragraph, “grounds relating to voter identification” has the meaning given in paragraph 16A.]

Textual Amendments

U.K.

Determination of applicationsU.K.
Closing date for applicationsU.K.

16.—(1) Subject to sub-paragraph (2) [F42and (2C)], an application under paragraph 3(2) F43... or 5(4) is to be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made.

(2) Where an application made under paragraph 3(2) F44...is made—

(a)on the grounds of the applicant's disability and the applicant became disabled after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, or

[F45(aza)on grounds relating to coronavirus, or]

[F46(aa)on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, or]

(b)by a person to whom paragraph 1(6) applies,

the application, or an application under paragraph 5(4) made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

[F47(2A) For the purposes of sub-paragraph (2)(aza), an application is made on grounds relating to coronavirus if it is made—

(a)because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;

[F48(b)because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;]

(c)because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;

(d)where A already has a person appointed as proxy under paragraph 5 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of paragraphs (a), (b) or (c) applies (reading references in those paragraphs to A as references to P).

(2B) In this paragraph—

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.]

[F49(2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.]

(3) An application under paragraph 3(1)[F50, 3(5)] or 7(6) is to be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at the PCC election for which it is made.

(4) A notice under paragraph 5(6) by an elector cancelling a proxy's appointment is to be disregarded for the purposes of a particular PCC election if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at that election.

[F51(4A) Sub-paragraph (4B) applies to—

(a)any application or notice mentioned in sub-paragraphs (1) to (4);

(b)any application or notice mentioned in regulation 56 of the 2001 Regulations F52..., that would otherwise have effect in relation to a PCC election by virtue of paragraphs 2 and 4(2)(a) or 4(3)(a).

(4B) An application or notice to which this sub-paragraph applies must be disregarded for the purposes of the particular PCC election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the local returning officer (except where it has been returned in accordance with paragraph 41 or 42 (spoilt and lost postal ballot papers)).]

(5) In computing a period of days for the purposes of this paragraph—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c)a day appointed for public thanksgiving or mourning,

is to be disregarded.

Textual Amendments

[F53Grounds relating to voter identificationU.K.

16A.—(1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B—

(a)condition 1, 2, 3 or 4, and

(b)except where B has an anonymous entry on the register of electors, condition 5.

(2) In this paragraph, “B” means—

(a)the applicant, where—

(i)the application is made under paragraph 3(2), and

(ii)paragraph 14A(2) does not apply to the application made under paragraph 5(4) which is included in that application under paragraph 3(2);

(b)otherwise, the person already appointed as the applicant’s proxy at the time the application is made.

(3) Condition 1 is that—

(a)immediately before the deadline, B has a specified document which B intends to use to vote in person at a PCC election, and

(b)after that deadline, that document is—

(i)lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that election, or

(ii)sent by B to another person to prove B’s identity and B considers that it is unlikely to be returned to B on or before the day of poll at that election.

(4) Condition 2 is that—

(a)at a time during the period of 3 months ending with the deadline, B has applied for a specified document,

(b)immediately before the deadline, B has not received that document, and

(c)the application for the specified document has not been refused or withdrawn.

(5) Condition 3 is that—

(a)B has an anonymous entry on the register of electors, and

(b)either—

(i)B has not been issued with an anonymous elector’s document, or

(ii)B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration).

(6) Condition 4 is that—

(a)B has a temporary electoral identity document which is valid for use on the day of poll at a PCC election, and

(b)before B is able to vote in person at such an election using that document, proceedings at B’s polling station are adjourned in accordance with rule 46 of Part 3 of Schedule 3 (adjournment of poll in case of riot).

(7) Condition 5 is that B does not have access to another specified document.

(8) In this paragraph—

(a)“anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022;

(b)the “deadline” means 5 pm on the sixth day before the date of the poll at the PCC election for which an application is made, and paragraph 16(5) applies for the purposes of computing the sixth day as it applies for the purposes of computing a period of days for the purposes of paragraph 16;

(c)“specified document” has the meaning given in rule 39(2I) of Part 3 of Schedule 3.]

Textual Amendments

Grant or refusal of applicationsU.K.

17.—(1) Where the registration officer grants an application to vote by post, the officer must notify the applicant.

(2) Where the registration officer grants an application for the appointment of a proxy, the officer must confirm in writing to the elector that the proxy has been appointed, the proxy's name and address, and the duration of the appointment.

(3) Where the registration officer refuses an application under Part 1 of this Schedule, the officer must notify the applicant, stating the reason for the refusal.

(4) Where the registration officer grants an application made under—

(a)paragraph 3(5)(a) by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 F54..., or

(b)paragraph 7(6) by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 F55...,

the officer must notify the applicant.

(5) The registration officer must, where practicable, notify the elector of the following, in each case stating the reason—

(a)where the appointment of a proxy is cancelled by the elector, that the appointment has been cancelled, or

(b)where the appointment otherwise ceases to be in force, that the appointment has ceased.

(6) Where, under paragraph 16, a registration officer refuses an application or disregards a notice for the purposes of any PCC election, the officer must notify the applicant of this.

Textual Amendments

U.K.

Changes affecting proxy votesU.K.
Cancellation of proxy appointmentU.K.

18.—(1) Sub-paragraph (2) applies where the appointment of a proxy—

(a)is cancelled by notice given to the registration officer under paragraph 5(6),

(b)otherwise ceases to be in force under paragraph 5(7).

(2) The registration officer must notify the person whose appointment as proxy has been cancelled, has expired or is no longer in force, unless the registration officer has previously been notified by that person that the person no longer wishes to act as proxy.

U.K.

Evidence of entitlement to absent voteU.K.
Marked register for polling stationsU.K.

19.  To indicate that an elector or the elector's proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” is to be placed against the entry of that elector in any copy of the register, or part of it, provided for a polling station.

Absent voting lists: supply of copies etcU.K.

20.—(1) Any person who, in accordance with any of the provisions listed in sub-paragraph (2), is entitled to be supplied with copies of the full register is also a person entitled to request that the registration officer supply the relevant part (within the meaning of the listed provisions) of a copy of any of the following information which the registration officer keeps—

(a)the current version of the information which would, in the event of a particular PCC election, be included in the postal voters list, the list of proxies or the proxy postal voters list;

(b)the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists.

(2) The listed provisions are—

(a)paragraph 3 of Schedule 1 (supply of full register etc to police and crime commissioner and restrictions on use);

(b)paragraph 5 of Schedule 1 (supply of full register etc to certain candidates and restrictions on use);

(c)regulation 105 of the 2001 Regulations (supply of full register etc to local constituency parties and restrictions on use);

(d)regulation 106 of the 2001 Regulations (supply of full register etc to registered political parties and restrictions on use).

(3) A request under sub-paragraph (1) must be made in writing and must specify—

(a)the information (or the relevant parts of the information) requested,

(b)whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list, and

(c)whether a printed copy is requested or a copy in data form.

(4) In response to a request under sub-paragraph (1) that has been duly made, the registration officer must—

(a)as soon as practicable after receipt of the request, supply the current version of information requested;

(b)as soon as practicable after 5pm on the eleventh day before the day of the poll, supply a copy of any postal voters list or proxy postal voters list requested.

(5) As soon as practicable after 5pm on the sixth day before the day of the poll the registration officer must—

(a)make a copy of the postal voters list, the list of proxies or the proxy postal voters list available for inspection at the registration officer's office in accordance with paragraph 21;

(b)send a copy of those lists to each relevant returning officer (within the meaning of paragraph 1 of Schedule 1); and

(c)supply a final copy of the postal voters list, the list of proxies or the proxy postal voters list in response to every request under sub-paragraph (1) that has been duly made.

[F56(5A) The registration officer must, on a request made at any time, supply a relevant returning officer (within the meaning of paragraph 1 of Schedule 1) with a copy of the postal voters list, the list of proxies or the proxy postal voters list.]

(6) As soon as practicable after 5pm on the day of the poll, the registration officer must supply to every person who received a copy of the list of proxies under sub-paragraph (5)(c) a further copy of that list which is updated to include any additions to the list that were made in consequence of any application within paragraph 16(2)F57... which was granted before 5pm on the day of the poll.

(7) Any information or lists supplied under this paragraph are to be supplied free of charge.

(8) A person who obtains any information under this paragraph may use it only for—

(a)[F58purposes mentioned in Article 89(1) of the [F59UK GDPR] (archiving in the public interest, scientific or historical research and statistics);] or

(b)electoral purposes,

and such use is also subject to the restrictions specified in paragraphs 23 and 24 or, where the request to the registration officer is made by reference to a provision listed in sub-paragraph (2), subject to any restrictions which would apply to the use of the full register under whichever of the listed provisions entitled the person to obtain the information.

(9) Any person who has obtained or is entitled to obtain a copy of information covered by sub-paragraph (1) may—

(a)supply a copy of the information to a processor for the purpose of processing the information, or

(b)procure that a processor processes and supplies to that person any copy of the information which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such information.

(10) A processor may not disclose information covered by sub-paragraph (1) except to the person who supplied it to the processor or to any other person, or an employee of such a person, who is entitled to obtain a copy of that information under this paragraph.

[F60(11) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.]

Textual Amendments

Absent voting lists: inspectionU.K.

21.—(1) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph 20(1).

(2) A request under sub-paragraph (1) must be made in writing and must specify—

(a)the information (or relevant parts of the information) requested,

(b)whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list,

(c)who will inspect the information,

(d)the date on which they wish to inspect the information, and

(e)whether they would prefer to inspect the information in printed or data form.

(3) The registration officer must make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request under sub-paragraph (1) that has been duly made.

(4) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person, or

(b)copy or transmit any part of that copy by electronic, or any other means.

(5) A person who inspects a copy of information provided under sub-paragraph (3), whether in printed or in data form, may not—

(a)make copies of any part of it, or

(b)record any particulars in it,

otherwise than by means of hand-written notes.

(6) Subject to any direction by the [F61Secretary of State] under article 6, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which the registration officer holds it.

Textual Amendments

Supply and inspection of absent voting lists: general provisionsU.K.

22.—(1) For the purposes of paragraphs 20 and 21—

(a)a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9 a.m. on the date it is supplied,

(b)“processor” means a person who provides a service which consists of putting information into a data form and any reference to a processor includes a reference to a processor's employees, and

(c)any period of days is to be calculated in accordance with paragraph 16(5).

(2) The registration officer must ensure that, in supplying or disclosing information covered by paragraph 20(1)(a) in accordance with paragraph 20 or 21, the registration officer does not supply or disclose any record relating to—

(a)a person who has an anonymous entry, or

(b)the proxy of a person who has an anonymous entry.

Restrictions on supply and disclosure of absent voter records or listsU.K.

23.—(1) This paragraph applies to—

(a)the registration officer,

(b)any deputy registration officer, and

(c)any person appointed to assist a registration officer or who in the course of that person's employment is assigned to assist any such officer in that officer's registration duties.

(2) Where the registration officer is also the local returning officer at a PCC election (and thereby has access to the information covered by paragraph 20(1) without being supplied with a copy of it), this paragraph also applies to—

(a)the registration officer acting in the capacity of local returning officer, and

(b)any person appointed to assist the local returning officer or who in the course of that person's employment is assigned to assist that officer in that officer's duties in respect of the PCC election.

(3) No person to whom this paragraph applies may—

(a)supply to any person a copy of the information covered by paragraph 20(1), or

(b)disclose any of that information,

otherwise than in accordance with an enactment, including this Order.

(4) Nothing in sub-paragraph (3) applies to the supply or disclosure by a person to whom this paragraph applies to another such person in connection with that other person's registration duties or for the purposes of an election or referendum.

Restriction on use of absent voter records or lists or the information contained in themU.K.

24.—(1) This paragraph applies to any person who has obtained access to the information covered by paragraph 20(1) by any means.

(2) No person to whom this paragraph applies may—

(a)supply a copy of the information or any part of that information,

(b)disclose any of that information, or

(c)make use of any such information,

other than for a permitted purpose specified in sub-paragraph (3).

(3) The permitted purposes are—

[F62(a)purposes mentioned in Article 89(1) of the [F63UK GDPR] (archiving in the public interest, scientific or historical research and statistics),] or

(b)electoral purposes.

[F64(4) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.]

Textual Amendments

Supply and inspection of absent voting lists: offencesU.K.

25.—(1) A person is guilty of an offence—

(a)if the person contravenes paragraph 20(8) or (10), 21(5), 23(3) or 24(2), or

(b)if the person is an appropriate supervisor of a person (“P”) who contravenes any of those provisions and the supervisor failed to take appropriate steps.

(2) P is not guilty of an offence under sub-paragraph (1) if—

(a)P had an appropriate supervisor, and

(b)P has complied with all the requirements imposed on P by P's appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if the person takes all reasonable steps to ensure that he or she complies with the provisions specified in sub-paragraph (1)(a).

(4) In sub-paragraphs (1)(b), (2) and (3)—

(a)an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b)appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (1)(a).

(5) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The personal identifiers recordU.K.

26.—(1) The registration officer must maintain a record (“the personal identifiers record”), apart from the other records and lists which the officer is required to keep under Part 1 of this Schedule, of the signatures and dates of birth provided by persons whose applications under paragraph 3(1) or (2) or paragraph 7(4) were granted, until the expiry of twelve months from the date of the poll for the purposes of which the person's application for an absent vote was granted under paragraph 3(1) or (2) or paragraph 7(4).

(2) The personal identifiers record must contain the following information in respect of each absent voter on the postal voters list, list of proxies or proxy postal voters list—

(a)name,

(b)date of birth, and

(c)signature, or a record of the waiver by the registration officer of the requirement for a signature.

(3) The registration officer may disclose information held in the personal identifiers records to—

(a)any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to in [F65paragraph 51];

(b)any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Act M13, but only to the extent required to permit them to observe the proceedings.

Textual Amendments

Marginal Citations

M132000 c.41. Sections 6A to 6D were inserted by section 29 of the Electoral Administration Act 2006 and section 6A(5) was amended by paragraphs 89 and 92 of S.I. 2007/1388 and by paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13).

Applications requiring applicants' signatureU.K.

27.—(1) In order to be satisfied that an application complies with any requirements of this Schedule for the application to contain the applicant's signature and a statement of the applicant's date of birth, the registration officer may refer to—

(a)any signature and date of birth previously provided by the applicant to the registration officer or a returning officer, or

(b)any signature and date of birth previously provided by the applicant to the council by which the registration officer was appointed which the officer is authorised to inspect under regulation 35 of the 2001 Regulations for the purposes of the officer's registration duties.

(2) The registration officer may take such steps as appear necessary in order to be satisfied as to whether the applicant is unable to provide a signature (or a consistent or distinctive signature) due to any disability or inability to read or write.

PART 3U.K.Issue and receipt of ballot papers

InterpretationU.K.

28.  In this Part of this Schedule—

“agent” includes the election agent and a person appointed to attend in the election agent's place;

“ballot paper envelope” and “covering envelope” have the meaning given in paragraph 38;

“issue” includes the original or any subsequent issue;

“postal voters' ballot box” means the ballot box referred to in paragraph 45(1)(a);

“receptacle for ballot paper envelopes” and other references to specified receptacles means the receptacles listed in paragraph 45(5);

“spoilt postal ballot paper” means a ballot paper referred to in paragraph 41;

“valid postal voting statement” means a postal voting statement which, in accordance with paragraph F66...51, the local returning officer is satisfied is duly completed.

Textual Amendments

U.K.

Issue of postal ballot papers etcU.K.
Combination of pollsU.K.

29.—(1) Where the poll at a PCC election is to be taken together under a relevant provision with the poll at one or more other elections or local referendums, the proceedings on the issue and receipt of postal ballot papers in respect of each election or local referendum may, if the returning officers and counting officers concerned agree, be taken together.

(2) [F67In sub-paragraph (1),] “relevant provision” means the provisions of section 15(1) or (2) of the Representation of the People Act 1985, as they have effect in relation to PCC elections by virtue of article 13 of this Order.

[F68(3) Where the poll at a PCC election is to be taken together with the poll at [F69a Senedd] election under article 16A of the 2007 Order, the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.]

Textual Amendments

Form of postal voting statementF70...U.K.

30.—(1) This paragraph specifies the form of the postal voting statement which is to be used for the purposes of rule 25 of the PCC elections rules.

(2) Form 2 or a form to like effect is to be used at a PCC election taken alone.

F71(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F72Where]—

(a)the proceedings at a PCC election and another election or referendum are taken together, and

(b)the proceedings on the issue and receipt of postal ballot papers at both elections are taken together,

the form of the postal voting statement which is to be used is the form of that statement which is required to be used at that other election or referendum [F73, with the addition of the F74... voting instructions for PCC elections.]

(5) Form 4 or a form to like effect is to be used where—

(a)the proceedings at a PCC election and another election or referendum are taken together, but

(b)the proceedings the proceedings on the issue and receipt of postal ballot papers are not taken together.

(6) In this paragraph—

(a)references to a numbered form are to the form of that number which is set out in Part 4 of this Schedule;

[F75(b)“the voting instructions for PCC elections” are—

“Vote for only one candidate by putting a cross [X] in the box next to your choice.”]

Textual Amendments

F70Words in Sch. 2 para. 30 heading omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 17(5) (with art. 1(5))

F74Word in Sch. 2 para. 30(4) omitted (21.12.2022) with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 4(a)(i)

F75Sch. 2 para. 30(6)(b) substituted (21.12.2022) with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 4(a)(ii)

Persons entitled to be present at proceedings on issue of postal ballot papersU.K.

31.  Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the issue of postal ballot papers other than—

(a)the police area returning officer,

(b)the local returning officer, and

(c)the clerks of either officer.

Persons entitled to be present at proceedings on receipt of postal ballot papersU.K.

32.  Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a)the police area returning officer,

(b)the local returning officer,

(c)the clerks of either officer,

(d)a candidate,

(e)an agent (including an agent appointed under paragraph 33),

(f)a sub-agent, and

(g)where the proceedings on the receipt of postal ballot papers are taken together with those proceedings at another election or a local referendum, persons entitled to be present at the proceedings for any such other election or local referendum.

Agents of candidates who may attend proceedings on receipt of postal ballot papersU.K.

33.—(1) Each candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number authorised by the local returning officer in respect of each candidate and so long as the number authorised is the same in the case of each candidate.

(2) Notice in writing of the appointment stating the names and addresses of the persons appointed must be given by the candidate to the local returning officer before the time fixed for the opening of the postal voters' ballot box.

(3) Agents may be appointed and notice of appointment given to the local returning officer by the candidate's election agent instead of by the candidate.

(4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29, the officer to whom notice must be given under sub-paragraph (2), (3) or (5) is the returning or counting officer who issues the ballot papers.

(5) If an agent dies or becomes incapable of acting, the candidate may appoint another agent and must forthwith give to the local returning officer notice in writing of the name and address of the agent appointed.

(6) In this Part of this Schedule references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the local returning officer.

(7) A candidate may do any act or thing which any agent of the candidate, if appointed, would have been authorised to do, or may assist such an agent in doing any such act or thing.

(8) Where in this Part of this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecyU.K.

34.  The local returning officer must make such arrangements as the officer thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of sub-paragraphs (5) and (7) of article 22 (requirement of secrecy).

[F76Time when postal ballot papers etc. are to be issuedU.K.

35.  Postal ballot papers and postal voting statements must be issued by the local returning officer as soon as it is practicable to do so.]

Textual Amendments

Procedure on issue of postal ballot paperU.K.

36.—(1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.

(2) A mark must be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector's proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper must be marked on the postal voting statement sent with that paper.

(4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29—

(a)one mark must be placed in the postal voters list or the proxy postal voters list under sub-paragraph (2) to denote that ballot papers have been issued in respect of all those elections or local referendums except that, where postal ballot papers are not so issued, a different mark must be placed in the postal voters list or the proxy postal voters list to indicate the election or local referendum in respect of which the ballot paper was issued, and

(b)the number of each ballot paper must be marked on the postal voting statement under sub-paragraph (3).

(5) At a PCC election where the proceedings at that election and another election or a local referendum are taken together but the proceedings on the issue and receipt of postal ballot papers are not, the colour of the postal ballot paper must also be marked on the postal voting statement sent with the ballot paper.

(6) Subject to sub-paragraph (7), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 38 are to be sent is—

(a)in the case of an elector, the address shown in the postal voters list;

(b)in the case of a proxy, the address shown in the proxy postal voters list.

(7) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (6) must be sent (as the case may be) to the address to which postal ballot papers should be sent as mentioned paragraph 4(2) or 7(7).

Refusal to issue postal ballot paperU.K.

37.  Where a local returning officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same elector, the officer must not issue more than one ballot paper in respect of that elector at any one election.

EnvelopesU.K.

38.—(1) Sub-paragraphs (2) and (3) prescribe the envelopes which must be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 25 of the PCC elections rules).

(2) There must be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the postal voting statement (referred to as a “covering envelope”) which is to be marked with the letter “B”.

(3) There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which is to be marked with—

(a)the letter “A”,

(b)the words “ballot paper envelope”, and

(c)unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed, the number of the ballot paper or, as the case may be, ballot papers.

(4) Sub-paragraphs (5) and (6) apply where—

(a)by virtue of provisions applied by article 13, the poll at a PCC election is taken together with the polls at an another election or local referendum, but

(b)the proceedings on the issue and receipt of ballot papers are not taken together under paragraph 29.

(5) The envelopes referred to in sub-paragraph (2) must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”.

(6) On the envelopes referred to in in sub-paragraph (3), after the words “Ballot paper envelope”, the words “for the [insert colour of ballot paper] coloured ballot paper”.

Sealing up of completed corresponding number lists and security of special listsU.K.

39.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the local returning officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal the packet.

(2) Until the time referred to in paragraph 48(11), the local returning officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.

Delivery of postal ballot papersU.K.

40.—(1) For the purposes of delivering postal ballot papers, the local returning officer may use—

(a)a postal operator within the meaning of Part 3 of the Postal Services Act 2011 M14,

(b)a commercial delivery firm, or

(c)clerks appointed under rule 27 of the PCC elections rules.

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters must be counted and delivered by the local returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).

(4) Return postage must be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Marginal Citations

Spoilt postal ballot papersU.K.

41.—(1) Where a postal voter (“PV”) has inadvertently dealt with PV's postal ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”), PV may return (either by hand or by post) to the local returning officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where PV exercises the entitlement conferred by sub-paragraph (1), PV must also return—

(a)the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not,

(b)where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued, whether spoilt or not, and

(c)the envelopes supplied for the return of the documents mentioned in paragraph 38.

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraph (1) (and, where applicable, sub-paragraph (2)), the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day of the poll.

(4) Where the local returning officer receives the documents referred to in sub-paragraph (1) (and, where applicable sub-paragraph (2)), after 5 pm on the day before the day of the poll, the local returning officer must only issue another postal ballot paper or, as the case may be, ballot papers if PV returned the documents by hand.

(5) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (3)—

(a)paragraph 36 (except sub-paragraph (2)),

(b)paragraphs 38 and 39, and

(c)subject to sub-paragraph (8), paragraph 40.

(6) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.

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

(8) Where PV applies in person—

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

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

instead of delivering it in accordance with paragraph 40.

(9) The local returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

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

(b)the number of any postal ballot paper issued under this paragraph, and

(c)where PV is a proxy, PV's name and address.

Lost postal ballot papersU.K.

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

(a)the postal ballot paper, or

(b)the postal voting statement, or

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

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

(2) Such an application must include evidence of the postal voter's identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return—

(a)the documents referred to in sub-paragraph (1)(a) to (c) , and

(b)where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued,

which the postal voter has received and which have not been lost.

(4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.

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

(6) Subject to sub-paragraph (7), where the application is received by the local returning officer before 5 pm on the day of the poll and the local returning officer—

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

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

the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers.

(7) Where the application is received by the local returning officer after 5 pm on the day before the day of the poll, the officer must only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.

(8) The local returning officer must 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 (or the electoral number alone in the case of an elector who has an anonymous entry),

(b)the number of any postal ballot paper issued under this paragraph, and

(c)where the postal voter is a proxy, the proxy's name and address.

(9) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (6)—

(a)paragraph 36 (except sub-paragraph (2)),

(b)paragraphs 38 and 39, and

(c)subject to sub-paragraph (10), paragraph 40.

(10) Where a postal voter applies in person—

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

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

instead of delivering it in accordance with paragraph 40.

[F77Cancellation of postal ballot papersU.K.

42A.—(1) Where, after the nineteenth day before the date of the poll at a PCC election the registration officer grants a relevant application or receives a relevant notice, and the application or notice is not to be disregarded for the purposes of that election under paragraph 16, the registration officer must notify the local returning officer who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application under paragraph 3(5)(a) or 7(6) (postal ballot paper to be sent to different address), must issue a replacement postal ballot paper.

(2) Where a person returns a postal ballot paper that has been or is to be cancelled in accordance with sub-paragraph (1) (whether to the registration officer or the local returning officer), it must be dealt with as follows—

(a)the ballot paper, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the registration officer, must be given by the registration officer to the local returning officer;

(b)any document returned in accordance with this sub-paragraph but not cancelled in accordance with sub-paragraph (1) must be immediately cancelled;

(c)the local returning officer, as soon as practicable after receiving and cancelling those documents, must make up those documents in a separate packet and must seal the packet, and if on any subsequent occasion documents are returned in accordance with this sub-paragraph, the sealed packet must be opened, the additional cancelled documents included in it and the packet must be again made up and sealed.

(3) The local returning officer must enter in a list kept for the purpose of recording postal ballot papers cancelled under this paragraph (“the list of cancelled postal ballot papers”)—

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

(b)the number of the cancelled postal ballot paper;

(c)the number of any replacement postal ballot paper issued under sub-paragraph (1); and

(d)where the postal voter is a proxy, their name and address.

(4) Paragraphs 36 (except sub-paragraph (2)), 38, 39 and 40 apply to a replacement postal ballot paper issued under sub-paragraph (1).

(5) For the purposes of this paragraph—

(a)a relevant application is an application under—

(i)paragraph 3(5)(a) (postal ballot paper to be sent to different address),

(ii)paragraph 3(5)(b) (voting by proxy by person recorded as voting by post),

(iii)paragraph 5(4) (appointment of proxy),

(iv)paragraph 7(6) (application from postal proxy voter for postal ballot paper to be sent to different address), [F78or]

(v)a provision mentioned in regulation 78A(1)(a) to (g) of the 2001 Regulations that would otherwise have effect in relation to the PCC election by virtue of paragraph 4, F79...

F79(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a relevant notice is a notice under—

(i)paragraph 5(6) (cancellation of proxy appointment), or

(ii)paragraph 6(10) of Schedule 4 to the Representation of the People Act 2000 F80... that would otherwise have effect in relation to a PCC election by virtue of paragraph 4 of this Schedule.

(6) In computing the period of nineteen days for the purposes of sub-paragraph (1)—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c)a date appointed for public thanksgiving or mourning,

is to be disregarded.]

Textual Amendments

U.K.

Receipt of postal ballot papers etcU.K.
Alternative means of returning postal ballot paper or postal voting statementU.K.

43.—(1) For the purposes of rule 49(2) of the PCC elections rules, the manner in which a postal ballot paper or postal voting statement at a PCC election for any police area may be returned to a polling station is by hand.

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

(3) Subject to sub-paragraph (4), the presiding officer of the polling station must deliver, or cause to be delivered, any postal ballot paper or postal voting statement returned to that station to the local 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 47(1) of the PCC elections rules.

(4) The local returning officer may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of sub-paragraph (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to the local returning officer.

(5) Where the local returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (4) the presiding officer must first make it (or them) up into a packet (or 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.

Notice of opening of postal ballot paper envelopesU.K.

44.—(1) The local returning officer must give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.

(2) Such a notice must specify—

(a)the time and place at which such an opening is to take place, and

(b)the number of agents a candidate may appoint under paragraph 33 to attend each opening.

Postal ballot boxes and receptaclesU.K.

45.—(1) The local returning officer must provide a separate ballot box for the reception of—

(a)the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and

(b)postal ballot papers (“postal ballot box”).

(2) Each such ballot box must be marked “postal voters' ballot box” or “postal ballot box” (as the case may be) and marked with—

(a)the name of both the police area and the voting area in relation to which it is to be used at the PCC election, and

(b)where the proceedings at that election and another election or a local referendum are taken together, the name of the parliamentary constituency, F81..., voting area or, as the case may be, the relevant local authority for which the election or local referendum is held.

(3) The postal ballot box must be shown to those agents present on the occasion of opening the first postal voters' ballot box as being empty.

(4) The local returning officer must then lock the ballot box (if it has a lock) and apply the officer's seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The local returning officer must provide the following receptacles—

(a)the receptacle for rejected votes,

F82(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the receptacle for ballot paper envelopes,

(d)the receptacle for rejected ballot paper envelopes,

(e)the receptacle for rejected votes (verification procedure), and

(f)the receptacle for postal voting statements (verification procedure).

(6) The local returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Textual Amendments

Receipt of covering envelopeU.K.

46.—(1) The local returning officer must, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.

(2) Where an envelope, other than a covering envelope issued by the local returning officer—

(a)has been opened, and

(b)contains a ballot paper envelope, postal voting statement or ballot paper,

the first-mentioned envelope, together with its contents, must be placed in a postal voters' ballot box.

Opening of postal voters' ballot boxU.K.

47.—(1) Each postal voters' ballot box must be opened by the local returning officer in the presence of the agents.

(2) So long as the local returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by the officer.

(3) The last postal voters' ballot box and the postal ballot box must be opened at the verification of the ballot paper accounts under rule 49 of the PCC elections rules.

Opening of covering envelopesU.K.

48.—(1) When a postal voters' ballot box is opened, the local returning officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 46(2)).

F83(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The local returning officer must open separately each covering envelope (including an envelope described in paragraph 46(2)).

[F84(4) The procedure in paragraph 51 applies where a covering envelope (including an envelope to which paragraph 46(2) applies) contains a postal voting statement.]

(5) Where the covering envelope does not contain the postal voting statement separately, the local returning officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.

[F85(6) Where a covering envelope does not contain a postal voting statement (whether separately or not) the local returning officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.]

F86(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In carrying out the procedures in this paragraph and paragraphs 50 to 56, the local returning officer—

(a)must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b)must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the local returning officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(10) A mark made under sub-paragraph (9) must be distinguishable from and not obscure the mark made under paragraph 36(2).

(11) As soon as practicable after the last covering envelope has been opened, the local returning officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and must seal such a packet.

Textual Amendments

Confirming receipt of postal voting statementsU.K.

49.—(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballot papers under paragraph 35 and the close of the poll, that the local returning officer confirm—

(a)whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned, and

(b)whether the number of the ballot paper issued to the elector or the elector's proxy has been recorded on either of the lists kept by the local returning officer under sub-paragraphs (2) and (3) of paragraph 55.

(2) A request under sub-paragraph (1) must—

(a)be made by any method specified by the local returning officer, and

(b)include any evidence of the voter's identity requested by that officer.

(3) Where a request is received in accordance with sub-paragraph (2) the local returning officer must satisfy himself or herself that the request has been made by the elector or their proxy and, if satisfied that it was, provide confirmation of the matters under sub-paragraph (1).

Procedure in relation to postal voting statementsU.K.

F8750.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Procedure in relation to postal voting statements: personal identifier verificationU.K.

51.—[F88(1) This paragraph applies in the circumstances described in paragraph 48(4).]

(2) The local returning officer must satisfy himself or herself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.

(3) Where the local returning officer is not satisfied that the postal voting statement is duly completed, the officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope [F89but there is a ballot paper], the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the local returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and if any of them object to the officer's decision, the officer must add the words “ rejection objected to ”.

(5) The local returning officer must then examine the number (or numbers) on the postal voting statement against the number (or numbers) on the ballot paper envelope and, where they are the same, the officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.

(6) Where—

(a)the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b)that envelope has no number on it (or only one number when the postal voting statement has more than one),

the local returning officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a)there is a valid postal voting statement but no ballot paper envelope,

(b)the ballot paper envelope has been opened under sub-paragraph (6), or

(c)the ballot paper envelope has been opened under paragraph 48(5).

(8) In the circumstances described in sub-paragraph (7), the local returning officer must place—

(a)in the postal ballot box, any ballot paper the number on which is the same as the number on the valid postal voting statement;

(b)in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(c)in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—

(i)there is no ballot paper, or

(ii)in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, the local returning officer must mark the statement to indicate which ballot paper is missing;

(d)in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).

Textual Amendments

Postal voting statements: additional personal identifier verificationU.K.

F9052.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Opening of ballot paper envelopesU.K.

53.—(1) The local returning officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) The local returning officer must—

(a)place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope,

(b)place in the receptacle for rejected votes any other ballot paper which must be marked “provisionally rejected” and to which the ballot paper envelope is to be attached, and

(c)place in the receptacle for rejected ballot paper envelopes any ballot paper envelope which must be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating in each case the missing ballot papers).

Retrieval of cancelled postal ballot papersU.K.

54.—(1) Where it appears to the local returning officer that a cancelled postal ballot paper has been placed—

(a)in a postal voters' ballot box,

(b)in the receptacle for ballot paper envelopes, or

(c)in a postal ballot box,

the officer must proceed as follows.

(2) The local returning officer must, on at least one occasion on which a postal voters ballot box is opened in accordance with paragraph 47, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a)retrieve the cancelled ballot paper,

(b)show the ballot paper number on the cancelled ballot paper to the agents,

(c)retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements [F91(verification procedure)],

(d)attach any cancelled postal ballot paper to the postal voting statement to which it relates,

(e)place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 41(7) [F92or 42A(2)], and

(f)unless the postal ballot box has been opened for the purposes of the counting of votes under rule 52 of the PCC elections rules, re-lock (if it has a lock) and re-seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled ballot paper in accordance with sub-paragraph (2), the local returning officer and the officer's staff—

(a)must keep the ballot papers face downwards and must take proper precautions for preventing any person seeing the votes made on the ballot papers, and

(b)must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

Textual Amendments

Lists of rejected postal ballot papersU.K.

55.—(1) In respect of any election, the local returning officer must keep [F93lists relating to rejected postal ballot papers as required by this paragraph].

(2) In the first list, the officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.

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

[F94(4) In the third list, the officer must record, for every postal voting statement in 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 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.]

Textual Amendments

Checking of lists of rejected ballot papersU.K.

56.—(1) Where the local returning officer receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(2) to see whether the number (or numbers) of a postal ballot paper to which the statement relates is entered in that list.

(2) Where the local returning officer receives a postal ballot paper without the postal voting statement to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(3) to see whether the number of that ballot paper is entered in that list.

(3) The local returning officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of the packets from every polling station in, as the case may be, the voting area, parliamentary constituency, F95... electoral area or local authority area.

(4) Where the ballot paper number in the list matches that number on a valid postal voting statement or, as the case may be, the postal ballot paper, the local returning officer must retrieve that statement or paper.

(5) The local returning officer must then take the appropriate steps under this Part of this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.

Textual Amendments

Sealing of packetsU.K.

57.—(1) As soon as practicable after the completion of the procedure under paragraph 56(3) and (4), the local returning officer must make up into separate packets the contents of—

(a)the receptacle of rejected votes,

F96(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the receptacle of rejected ballot paper envelopes,

(d)the lists of [F97spoilt, lost and cancelled] postal ballot papers,

(e)the receptacle of rejected votes (verification procedure), and

(f)the receptacle of postal voting statements (verification procedure),

and must seal up such packets.

(2) Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”.

Textual Amendments

Abandoned pollU.K.

58.—(1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the local returning officer—

(a)must not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of this Schedule, and

(b)must, notwithstanding paragraphs 48 to 53, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

(2) Paragraph (1) does not apply where ballot papers for more than one election have been issued together under paragraph 29.

Forwarding of documentsU.K.

59.—(1) The local returning officer must forward to the relevant registration officer at the same time as the local returning officer forwards the documents mentioned in rule 66 of the PCC elections rules—

(a)any packets referred to in paragraphs 39, 41(7), 42(5)[F98, 42A(2)], 48(11) and 57 (subject to paragraph 58), endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the police area for which the election was held and the name of the voting area for which the local returning officer acts, F99...

(b)a completed statement of the number of postal ballot papers issued, which is to be in Form 5 set out in Part 4 of this Schedule or a form to like effect,

[F100(c)any list compiled under paragraph 55(4).]

(2) Where, under a relevant provision (within the meaning of paragraph 29(2)), the poll at a PCC election is taken together with the poll at one or more other elections or local referendums, a separate statement in the form described in sub-paragraph (1)(b) must be completed for each election or local referendum.

[F101(2A) Where the poll at a PCC election is taken together with the poll at [F102a Senedd] election under article 16A of the 2007 Order, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the PCC election.]

(3) Where—

(a)any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 43(3)),

(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the local returning officer must put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1).

(4) Rules 67 and 68 of the PCC elections rules apply to any packet or document forwarded under this paragraph [F103except that in applying those rules the list compiled under paragraph 55(4) must be treated in the same manner as a counted ballot paper].

(5) A copy of the statement referred to in sub-paragraph (1)(b) must be provided by the local returning officer to the [F104Secretary of State] and the Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day.

(6) For the purposes of computing the period referred to in sub-paragraph (5)—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c)a day appointed for public thanksgiving or mourning,

is to be disregarded.

(7) In sub-paragraph (3)(c), “spoilt postal ballot paper” has the meaning given in paragraph 41.

Textual Amendments

[F105Notification of a rejected postal voting statementU.K.

59A.—(1) Where a relevant absent voter appears on the list compiled under paragraph 55(4)—

(a)the registration officer responsible for the personal identifiers record that contains information in respect of the absent voter must notify the absent voter (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because the local returning officer was not satisfied that the postal voting statement was duly completed;

(b)the registration officer must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and

(c)the notification must include information as to which of the specified reasons referred to in paragraph 55(5) applied to the postal voting statement.

(2) The registration officer is not obliged to send a notification—

(a)to any person who is no longer shown as voting by post in the relevant record at the time the registration officer proposes to send the notification; or

(b)where the registration officer suspects that an offence may have been committed in relation to the postal ballot paper, the postal voting statement or the absent voter’s registration as an elector.

(3) A notification issued under sub-paragraph (1) may also include any other information that the registration officer considers appropriate, but a notification must not include information held on the personal identifiers record.

(4) For the purposes of this paragraph and paragraph 59B, a “relevant absent voter” means an absent voter who—

(a)appears on the postal voters list by virtue of paragraph 4(2)(a), or

(b)appears as a proxy on the list of proxies by virtue of paragraph 4(3)(a).]

Textual Amendments

[F105Requirement to provide fresh signatures following rejection of a postal voting statementU.K.

59B.—(1) This paragraph applies where a relevant absent voter is notified under paragraph 59A that the signature does not match the example held on the personal identifiers record, and the absent voter continues to be shown on the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 F106... as voting by post.

(2) Where this paragraph applies, the registration officer may require the absent voter to provide a fresh signature for the personal identifiers record in accordance with regulation 60B(2) to (11) of the 2001 Regulations F107....]

Textual Amendments

PART 4U.K.Forms referred to in Parts 1 to 3 of this Schedule

FormsU.K.

60.  These are the forms referred to in Parts 1 to 3 of this Schedule M15.

Form 1 Proxy paper (paragraph 5(5))
Form 2 Postal voting statement where PCC election taken alone (paragraph 30(2))
Form 3 F108. . .
Form 4 [F109Postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined]
Form 5 Completed statement of the number of postal ballot papers issued (paragraph 59(1)(b))

F110Form 1

Front of form

Rear of form

[F111Form 2: Postal voting statement where PCC election taken alone

 ]

Form 3 F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F113Form 4: Postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined

 ]

[F114Form 5: Statement of the number of postal ballot papers issued

 ]

Textual Amendments

F111Sch. 2 para. 60 Form 2 substituted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), Sch. 1

F113Sch. 2 para. 60 Form 4 substituted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), Sch. 2

Marginal Citations

M15Article 84 contains other provision about forms.

Yn ôl i’r brig

Options/Cymorth

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open yr Offeryn Cyfan

Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

Mae'r data ar y dudalen hon ar gael yn y fformatau data amgen a restrir: