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

PART 2 U.K. Provisions related to the 2001 Regulations and related to Parliamentary elections

Interpretation U.K.

2.  In this Part—

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

“ongoing parliamentary election” means a relevant parliamentary election for which the date of poll as stated in the notice of election is on or after 31st January 2024;

“relevant parliamentary election” means a parliamentary election for which the notice of election is published in accordance with rule 5 of Schedule 1 to the Representation of the People Act 1983(1) on or before 30th January 2024.

Commencement Information

I1 Sch. 2 para. 2 in force at 31.10.2023, see reg. 1(2)

Requirement to notify that postal vote entitlement is to end where entitlement altered by paragraph 4 of Schedule 3 to EA 2022 U.K.

3.  Regulation 60ZA of the 2001 Regulations (as inserted by regulations 5(10) or 10(10)) applies in respect of a postal vote entitlement to which the transitional provision in paragraph 4 of Schedule 3 to EA 2022 applies as it applies to a postal vote entitlement which was granted for the maximum period.

Commencement Information

I2 Sch. 2 para. 3 in force at 31.10.2023, see reg. 1(2)

Poll card forms for certain parliamentary elections U.K.

4.—(1) The amendments made by regulations 6(b) and 11(b) do not apply in respect of an ongoing parliamentary election.

(2) In respect of a relevant parliamentary election—

(a) Form A (official poll card to be sent to an elector voting in person) and Form B (official proxy poll card to be sent to an appointed proxy voting in person) in Schedule 3 to the 2001 Regulations apply as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”;

(b) Form A1 (official postal poll card (to be sent to an elector voting by post)) and Form B1 (official proxy postal poll card (to be sent to an appointed proxy voting by post) in Schedule 3 to the 2001 Regulations apply as if, on the back of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F1 (3) Sub-paragraph (4) applies in respect of a parliamentary election for which—

(a) the notice of election is published in accordance with rule 5 of Schedule 1 to the Representation of the People Act 1983 on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.

(4) Form A1 (official postal poll card (to be sent to an elector voting by post)) and Form B1 (official proxy postal poll card (to be sent to an appointed proxy voting by post)) in Schedule 3 to the 2001 Regulations apply as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

Textual Amendments

F1 Sch. 2 para. 4(3)(4) inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024 (S.I. 2024/99), regs. 1(1), 2(2)

Commencement Information

I3 Sch. 2 para. 4(1) in force at 31.1.2024, see reg. 1(3)(i)

I4 Sch. 2 para. 4(2) in force at 31.10.2023, see reg. 1(2)

Proxy paper form for certain proxy appointments U.K.

5.—(1) This paragraph applies where a proxy appointment is made during the period—

(a) beginning with 31st October 2023, and

(b) ending with 5th March 2024.

(2) Form E1 (proxy paper), as inserted into Schedule 3 to the 2001 Regulations by regulation 6(d) or 11(d) applies as if, on the last page, in note 1, before “on behalf of more than four electors” there were inserted “(in relation to an election or referendum for which the poll is on or after 5thMarch 2024)”.

(3) In this paragraph, “proxy appointment” has the same meaning as in paragraph 8(8) of Schedule 4 to EA 2022.

Commencement Information

I5 Sch. 2 para. 5 in force at 31.10.2023, see reg. 1(2)

Savings for certain parliamentary elections combined with other elections or referendums U.K.

6.  The amendments made by regulations 12 and 13 do not apply in respect of an ongoing parliamentary election.

Commencement Information

I6 Sch. 2 para. 6 in force at 31.1.2024, see reg. 1(3)(i)

(1)

Rule 5 was amended by Part 1 of Schedule 2 and paragraph 74 of Schedule 4 to the Representation of the People Act 1985 (c. 50), by paragraph 10 of Schedule 6 to the Representation of the People Act 2000 (c. 2) and by section 19(3) of the Electoral Administration Act 2006 (c. 22).