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

PART 5 U.K. Referendums under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992

Interpretation U.K.

14.  In this Part—

“2012 Regulations” means the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012;

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

“referendum” means a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992(1);

“referendum rules” means the rules set out in Schedules 3 and 5 to the 2012 Regulations;

“relevant referendum” means a referendum for which the notice of referendum is published in accordance with rule 5 of the referendum rules on or before 30th January 2024.

Commencement Information

I1 Sch. 2 para. 14 in force at 31.10.2023, see reg. 1(2)

Questions for proxies at certain referendums U.K.

15.—(1) The amendments made by regulation 16(3) and (7) do not apply in respect of an ongoing referendum.

(2) Rule 24 of Schedule 3 and rule 26 of Schedule 5 to the 2012 Regulations (questions to be put to voters and proxies) apply in respect of a relevant referendum subject to the modifications in sub-paragraph (3).

(3) The rule applies as if—

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

(i) in entry 2 (proxy), in the column headed “Questions”—

(aa) after question (b) there were substituted—

“(ba) “Were you appointed as proxy on behalf of CD before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(ii) in entry 3 (proxy for a voter with an anonymous entry), in the column headed “Questions”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(b) in paragraph (2), after “(3)(a), (b)” there were inserted “, (ba)”.

Commencement Information

I2 Sch. 2 para. 15(1) in force at 31.1.2024, see reg. 1(3)(i)

I3 Sch. 2 para. 15(2)(3) in force at 31.10.2023, see reg. 1(2)

Disapplication of amendments to the modifications of section 61 of the Representation of the People Act 1983 in respect of an ongoing referendum U.K.

16.—(1) The amendments made by regulation 16(5)(a)(ii) and (iii) to Table 1 (modifications to the Representation of the People Act 1983) in Schedule 4 to the 2012 Regulations do not apply in respect of a person voting by virtue of a proxy appointment at an ongoing referendum.

(2) In sub-paragraph (1), “proxy appointment” has the same meaning as in paragraph 8(8) of Schedule 4 to EA 2022.

Commencement Information

I4 Sch. 2 para. 16 in force at 31.1.2024, see reg. 1(3)(i)

Poll card forms for certain referendums U.K.

17.—(1) The amendments made by regulation 16(4) and (8) do not apply in respect of an ongoing referendum.

(2) The Official Poll Card (to be sent to a voter voting in person) and the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) in the referendum rules apply in respect of a relevant referendum as if, on the front of the form, before the text that begins “vote as a proxy at this referendum” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

(3) The form of the Official Postal Poll Card (to be sent to a voter voting by post) and the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) in the referendum rules apply in respect of a relevant referendum as if, on the back of the form, before the text that begins “vote as a proxy at the same referendum” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F1 (4) Sub-paragraph (5) applies in respect of a referendum for which—

(a) the notice of referendum is published in accordance with rule 5 of the referendum rules on or after 31st January 2024, and

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

(5) The form of the Official Postal Poll Card (to be send to a voter voting by post) and the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) in the referendum rules apply as if, on the back of the form, for the text that begins “vote as a proxy at the same referendum” 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 voters, of which no more than two may be on behalf of other domestic voters (a domestic voter is one who is not an overseas or service voter)”.]

Textual Amendments

F1 Sch. 2 para. 17(4)(5) 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(5)

Commencement Information

I5 Sch. 2 para. 17(1) in force at 31.1.2024, see reg. 1(3)(i)

I6 Sch. 2 para. 17(2)(3) in force at 31.10.2023, see reg. 1(2)

(1)

Chapter 4ZA was inserted by Schedule 5 to the Localism Act 2011 (c. 20) and was amended by section 3(5) to (7) of the Local Government Finance Act 2012 (c. 17), by section 41 of the Local Audit and Accountability Act 2014 (c. 2) and by S.I. 2013/733, 2021/1265.