The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

14.—(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(1) are amended as follows.

(2) Schedule 1 (the mayoral elections rules) is amended in accordance with paragraphs (3) to (5).

(3) In rule 35 (questions to be put to voters)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (a), omit “and”;

(ii) in sub-paragraph (b), at the beginning insert “in relation to a mayoral election held in Wales,”;

(iii) at the end of sub-paragraph (b), insert “and”;

(iv) after sub-paragraph (b) insert—

“(c) in relation to a mayoral election held in England, must be put if—

(i) (where applicable) the person has answered the previous question in the manner indicated, and

(ii) the letter “R” appears after the question and the candidate or the candidate’s election or polling agent requires the question to be put:”;

(b) in the table following paragraph (1)—

(i) in entry 2 (proxy) and entry 3 (proxy for an anonymous elector), in the column headed “Question”—

(aa) in question (c) at the beginning insert “In relation to a mayoral election held in Wales:”;

(bb) after question (c) insert—

“(d) In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]

(e) If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(f) If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(g) If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) in entry 4, in the column headed “Person applying for ballot paper” at the beginning insert “In relation to a mayoral election held in Wales,”.

(4) In rule 57 (delivery and retention of documents), after paragraph (c) insert—

“(ca) in the case of a mayoral election held in England, the packet containing the completed ballot paper refusal list,”.

(5) In the Appendix of Forms, for Forms 8A (elector’s official poll card (for use at mayoral elections in England)) and 10A (official proxy poll card (for use at mayoral elections in England) substitute the corresponding forms in Part 1 of Schedule 5.

(6) Schedule 3 (mayoral election (combination of polls) rules) is amended in accordance with paragraphs (7) to (9).

(7) In rule 35 (questions to be put to voters)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (a), omit “and”;

(ii) in sub-paragraph (b), at the beginning insert “in relation to a mayoral election held in Wales,”;

(iii) at the end of sub-paragraph (b), insert “and”;

(iv) after sub-paragraph (b) insert—

“(c) in relation to a mayoral election held in England, must be put if—

(i) the person has answered the previous question in the manner indicated, and

(ii) the letter “R” appears after the question and the candidate or the candidate’s election or polling agent requires the question to be put:”;

(b) in the table following paragraph (1)—

(i) in entry 2 (proxy) and entry 3 (proxy for an anonymous elector), in the column headed “Question”—

(aa) in question (c) at the beginning insert “In relation to a mayoral election held in Wales:”;

(bb) after question (c) insert—

“(d) In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]

(e) If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(f) If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(g) If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) in entry 4, in the column headed “Person applying for ballot paper” at the beginning insert “In relation to a mayoral election held in Wales:”.

(8) In rule 57 (delivery and retention of documents), in paragraph (1), after sub-paragraph (c) insert—

“(ca) in the case of a mayoral election held in England, the packet containing the completed ballot paper refusal list,”.

(9) In the Appendix of Forms, for Forms 8A (elector’s official poll card (for use at mayoral elections in England)) and 10A (official proxy poll card (for use at mayoral elections in England) substitute the corresponding forms in Part 2 of Schedule 5.

(1)

S.I. 2007/1024, amended by S.I. 2022/1382; there are other amending instruments but none is relevant.