The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Interpretation U.K.

3.—(1) In these Regulations—

“the Act” means the Recall of MPs Act 2015(1);

“the 1983 Act” means the Representation of the People Act 1983;

“the 1985 Act” means the Representation of the People Act 1985(2);

“the 2000 Act” means the Representation of the People Act 2000(3);

“the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001(4);

“the 2001 (Scotland) Regulations” means the Representation of the People (Scotland) Regulations 2001(5);

“the 2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008(6);

“absent signer” means an elector who is entitled to sign a petition by proxy or an elector or proxy who is entitled to sign the petition by post; and absent signing is to be construed accordingly;

“allotted petition signing place” has the meaning given by regulation 16 (allotment of petition signing places);

“anonymous entry” is to be read in accordance with section 9B of the 1983 Act (anonymous registration);

“corresponding number lists” has the meaning given by regulation 11 (corresponding number lists);

“Clerk of the Crown” means the Clerk of the Crown in Chancery;

“completed corresponding number lists” has the meaning given by regulation 37(1)(e) (procedure on close of petition);

“daily verification” means the daily verification of the signing sheets in accordance with regulation 33 (daily verification and storage);

“declaration of identity” is the declaration referred to in regulation 84;

“disability” in relation to doing a thing, includes a short term inability to do it;

“edited register” has the meaning given by regulation 93 of the relevant Regulations, and (for that purpose) the relevant Regulations are—

(a)

in relation to England and Wales, the 2001 Regulations;

(b)

in relation to Scotland, the 2001 (Scotland) Regulations; and

(c)

in relation to Northern Ireland, the 2008 Regulations;

“elector” means a person who is entitled to sign a petition by virtue of section 10 of the Act (persons entitled to sign a recall petition);

“list of lost postal signing sheets” for England and Wales and Scotland, has the meaning given by regulation 96(8) (lost postal signing sheets); and for Northern Ireland has the meaning given by regulation 97(7) (lost postal signing sheets);

“list of proxies” for England and Wales and Scotland, has the meaning given by regulation 55(3) (absent signers lists); and for Northern Ireland has the meaning given by regulation 56(3) (absent signers lists);

“list of spoilt postal signing sheets” for England and Wales and Scotland, has the meaning given by regulation 94(9) (spoilt postal signing sheets); and for Northern Ireland has the meaning given by regulation 95(8) (spoilt postal signing sheets);

“local authority” has the same meaning as section 203 of the 1983 Act;

“marked copies of the register” means the copies of the register marked in accordance with regulation 27 (signing procedure: England and Wales and Scotland) or regulation 28 (signing procedure: Northern Ireland);

“official petition notice” has the meaning given in regulation 18 (issue of official petition notice);

“overseas electors declaration” means a person entitled to vote who has made a declaration made under section 2 of the 1985 Act (registration of British citizens overseas) and is registered or entitled to be registered in pursuance of it under that Act;

“official mark” has the meaning given by regulation 12 (the official mark);

“parliamentary election rules” means the rules prescribed in Schedule 1 to the 1983 Act (Parliamentary Election Rules);

“petition clerk” means a person authorised by the petition officer to preside over the proceedings at a petition signing place and carry out on behalf of the petition officer any functions of the petition officer under the Act or these Regulations;

“petition signing place” means a place designated under section 7(1)(a) of the Act (where and from when the petition may be signed) at which a petition is to be made available for signing;

“postal petition statement” is the statement referred to in regulation 83 (form of postal petition statement: England and Scotland and Wales);

“postal signers list” for England and Wales and Scotland, has the meaning given by regulation 55(2) (absent signers list); and for Northern Ireland has the meaning given by regulation 56(2) (absent signers list);

“postal signing sheet” is a signing sheet issued to a postal signer in accordance with Part 5 (issue and receipt of postal signing sheets);

“proxy postal signers list” has the meaning given by regulation 58(9) (signing the petition as a proxy);

“proxy” means a person who has been appointed by an elector to sign the petition on behalf of the elector;

“qualifying address” in relation to a person registered in the register, is the address in respect of which that person is entitled to be registered in the register of parliamentary electors;

“recall petition complaint” means a recall petition complaint in relation to the outcome of a recall petition that is presented in accordance with Part 3 of the 1983 Act (legal proceedings), as applied (with modifications) by Schedule 4;

“register” means the register of persons compiled by the petition officer under regulation 4 (the register);

“register of parliamentary electors” means the register of parliamentary electors under section 9 of the 1983 Act (registers of electors);

“registration officer” means an officer appointed as such under section 8 of the 1983 Act;

“service voter” means a person entitled to vote who has made a service declaration within the meaning of section 15 of the 1983 Act (service declaration) and who is registered or is entitled to be registered in pursuance of it under that Act;

“signing sheet” has the meaning given by regulation 10 (the signing sheet);

“special lists” means the postal signers list, the list of proxies and the proxy postal signers list;

“tendered signing list” has the meaning given by regulation 30(10) (tendered signing sheets);

“tendered signing sheet” is a signing sheet which has been signed in accordance with paragraph (1) of regulation 30 (tendered signing sheets);

“universal postal service provider” has the meaning given in Part 3 of the Postal Services Act 2011 to a “universal service provider”.

(2) In these Regulations—

(a) a reference to a petition means a recall petition as prescribed in section 1(2) of the Act (how an MP becomes subject to a recall petition process) and where the context requires is to be construed as including the process relating to that petition;

(b) in England and Wales, 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 employees)(7).

Commencement Information

I1 Reg. 3 in force at 4.3.2016, see reg. 1

(1)

2015 c. 25.

(2)

1985 c. 50.

(3)

2000 c. 2.

(4)

S.I. 2001/341.

(5)

S.I. 2001/497.

(6)

S.I. 2008/1741.

(7)

2002 c. 30.