The Neighbourhood Planning (Referendums) Regulations 2012

[F1 Procedure in relation to postal voting statements: personal identifier verification E+W

35.— [F2 (1) This rule applies in the circumstances described in rule 32(4).]

(2) The counting officer must be satisfied 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 identifier record relating to the person to whom the postal ballot paper was addressed.

(3) Where the counting officer is not so satisfied, the counting officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope [F3 but there is a ballot paper], the ballot paper, and, subject to paragraph (4) place it in the receptacle for rejected votes after verification procedure.

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

(5) The counting officer must then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements after 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,

the counting officer must open the envelope.

(7) Paragraph (8) applies where—

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

(b) the ballot paper envelope has been opened under rule 32(5) or paragraph (6).

(8) Where this paragraph applies, the counting 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 after verification procedure, any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes after verification procedure, any valid postal voting statement marked “ provisionally rejected” where there is no ballot paper;

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

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

F2 Sch. 7 rule 35(1) substituted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 24(1) (with reg. 1(7))

F3 Words in Sch. 7 rule 35(3) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 24(2) (with reg. 1(7))