The Neighbourhood Planning (Referendums) Regulations 2012

[F1 Lost postal ballot papers E+W

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

(a) their postal ballot paper, or

(b) their postal voting statement, or

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

by the fourth day before the date of the business referendum, the postal voter may apply (whether or not in person) to the counting 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 paragraph (1), the postal voter must return the documents referred to in paragraph (1)(a) to (c) which have been received and not lost.

(4) Where the counting officer—

(a) is satisfied as to the postal voter’s identity;

(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; and

(c) receives the documents referred to in paragraph (2) by 5 pm on the day before the date of the business referendum,

the counting officer shall issue another postal ballot paper, and may hand it to a postal voter who applies in person.

(5) Where the counting officer—

(a) is satisfied as to the postal voter’s identity;

(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; and

(c) receives the documents referred to in paragraph (2) after 5 pm on the day before the date of the business referendum but by 5 pm on the day of the business referendum,

the counting officer must only issue another postal ballot paper if the postal voter returned the documents by hand and applies in person, and may only hand a replacement ballot paper to that postal voter.

(6) Paragraphs 20 (except paragraph (2)), 21, 22 and 23 shall apply to the issue of a replacement postal ballot paper under sub-paragraph (3) above.

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

(8) The counting officer must, as soon as practicable after cancelling those documents, make them up in a separate packet which must be kept sealed except to put new cancelled documents in it.

(9) The counting officer must keep a list of the name and number on the register of any postal voter and the number of the postal ballot paper (or papers) issued under this rule.]

Textual Amendments

F1 Sch. 7 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 2