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

PART 9 U.K. Recall petitions

Interpretation U.K.

31.  In this Part—

“2016 Regulations” means the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

“ongoing recall petition” means a relevant recall petition for which at least part of the signing period is on or after 31st January 2024;

“recall petition” has the meaning given in section 1(2) of the Recall of MPs Act 2015;

“relevant recall petition” means a recall petition for which the Speaker’s notice is given in accordance with section 5(1) and (5)(a) of the Recall of MPs Act 2015 on or before 30th January 2024;

“signing period” has the meaning given by section 9(2) of the Recall of MPs Act 2015;

“transitional period” means the period—

(a)

beginning with 31st October 2023, and

(b)

ending with—

(i)

for the purposes of an ongoing recall petition, the day after the last day of the signing period for that petition;

(ii)

for all other purposes, 31st January 2024.

Commencement Information

I1 Sch. 2 para. 31 in force at 31.10.2023, see reg. 1(2)

Questions for proxies at certain recall petitions U.K.

32.—(1) The amendments made by regulation 19(4) do not apply to an ongoing recall petition.

(2) Regulation 25 of the 2016 Regulations applies in respect of a relevant recall petition as if in the Table after paragraph (1)—

(a) in entry 2 (proxies), in the column headed “Questions”—

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

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

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

(b) in entry 3 (proxy for an elector with an anonymous entry), in the column headed “Questions”—

(i) 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?””;

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

Commencement Information

I2 Sch. 2 para. 32(1) in force at 31.1.2024, see reg. 1(3)(i)

I3 Sch. 2 para. 32(2) in force at 31.10.2023, see reg. 1(2)

Limitation of certain pre-commencement postal signing entitlements U.K.

33.—(1) This paragraph applies where, immediately before 31st October 2023, a person—

(a) has a relevant postal vote entitlement lasting for—

(i) an indefinite period, or

(ii) a period that would expire after 31st January 2026, and

(b) is registered as an elector otherwise than in pursuance of an overseas elector’s declaration.

(2) A “relevant postal signing entitlement” means an entitlement to sign by post at recall petitions in England, Wales or Scotland resulting from the grant of an application under regulation 51(1) or (7) or 58(5) of the 2016 Regulations.

(3) The person’s relevant signing entitlement ends on 31st January 2026 (unless it ends sooner).

(4) As soon as practicable after 31st October 2023, the registration officer must alter the record kept under regulation 51(4) or 58(7) of the 2016 Regulations (as the case may be) to reflect any change resulting from sub-paragraph (3) in the period for which the person’s relevant postal signing entitlement lasts.

(5) The registration officer must, before 31st January 2026, send the person—

(a) a notice informing the person of the date on which the person’s relevant postal signing entitlement is to end, and

(b) information about how to make a fresh application to sign recall petitions by post (as elector or, as the case may be, as proxy).

(6) In this paragraph, “overseas elector’s declaration” has the meaning given in regulation 3(1) of the 2016 Regulations.

Commencement Information

I4 Sch. 2 para. 33 in force at 31.10.2023, see reg. 1(2)

Proxy signing offences and restrictions for certain proxy appointments U.K.

34.—(1) Regulations 57(5) and 119(4) of the 2016 Regulations do not apply in respect of a post-commencement proxy appointment during the transitional period.

(2) The amendments made by regulation 19(7)(b) and (16)(b) do not apply in respect of a person voting by virtue of a proxy appointment at an ongoing recall petition.

(3) In this paragraph—

“post-commencement proxy appointment” means a proxy appointment as a result of an application made on or after 31st October 2023;

“proxy appointment” means—

(a)

an appointment resulting from an application under paragraph 3(2) of Schedule 4 to the Representation of the People Act 2000 or section 6(1) of the Representation of the People Act 1985(1) by which, by virtue of regulation 50(2) or (3) of the 2016 Regulations a person is entitled to sign a recall petition by proxy;

(b)

an appointment resulting from an application under regulation 51(2) or (6), 52(1) or (7), 53(2), (3) or (4)(b) or 54(1) or (4)(b) of the 2016 Regulations.

Commencement Information

I5 Sch. 2 para. 34(1)(3) in force at 31.10.2023, see reg. 1(2)

I6 Sch. 2 para. 34(2) in force at 31.1.2024, see reg. 1(3)(i)

Termination of certain proxy appointments U.K.

35.—(1) This paragraph applies where—

(a) a proxy appointment is in force immediately before 31st January 2024 as the result of an application made before 31st October 2023, and

(b) the appointment has effect immediately before 31st January 2024 in relation to recall petitions or a particular recall petition.

(2) On 31st January 2024, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3) The registration officer must, before 31st January 2024, send the person who is entitled to sign by proxy by means of the proxy appointment—

(a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on 31st January 2024, and

(b) information about how to make a fresh application to sign by proxy.

(4) As soon as practicable after 31st January 2024, the registration officer must alter the relevant absent signing records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5) In sub-paragraph (4), “the relevant absent signing records” means the records kept under regulations 51(4), 52(5), 55, 56 and 59 of the 2016 Regulations.

(6) In this paragraph, “proxy appointment” means an appointment resulting from an application under regulation 51(2) or (6) or 52(1) or (7) of the 2016 Regulations.

Commencement Information

I7 Sch. 2 para. 35 in force at 31.10.2023, see reg. 1(2)

Termination of applications for certain proxy appointments U.K.

36.—(1) An application for a proxy appointment under regulation 51(2) or (6), 52(1) or (7), 53(2), (3) or (4)(b) or 54(1) or (4)(b) of the 2016 Regulations that is made before, but not determined by, 31st October 2023 is to be treated as not having been made.

(2) The registration officer must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to sign by proxy.

Commencement Information

I8 Sch. 2 para. 36 in force at 31.10.2023, see reg. 1(2)

Official petition notice forms for certain recall petitions U.K.

37.—(1) The amendments made by regulation 19(18), so far as they substitute forms D and F in Parts 1 and 3 of Schedule 2 to the 2016 Regulations, do not apply in respect of an ongoing recall petition.

(2) Form D (official petition notice for an elector who may sign the petition in person), form F (official petition notice for a proxy who may sign the petition in person) and form G (official petition notice for a proxy who may sign the petition by post) in Part 1 of Schedule 2 to the 2016 Regulations apply in respect of a relevant recall petition as if, on the third page of the form, in the text that begins “Sign the petition as a proxy for more than two people”, for “Sign” there were substituted “(In the case of a proxy appointed before 31st October 2023) sign”.

(3) Form E (official petition notice for an elector who may sign the petition by post) in Part 1 of Schedule 2 to the 2016 Regulations [F1 applies] in respect of a relevant recall petition as if, on the second page of the form, in the text that begins “Sign the petition as a proxy for more than two people”, for “Sign” there were substituted “(In the case of a proxy appointed before 31st October 2023) sign”.

[F2 (3A) Form E (official petition notice for an elector who may sign the petition by post) in Part 1 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the second page of the notice, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

“In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, 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)”.

(3B) Form G (official petition notice for a proxy who may sign the petition by post) in Part 1 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the third page of the form, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

“In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, 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)”.]

(4) Form D (official petition notice for an elector who may sign the petition in person), form F (official petition notice for a proxy who may sign the petition in person) and form G (official petition notice for a proxy who may sign the petition by post) in Part 3 of Schedule 2 to the 2016 Regulations apply in respect of a relevant recall petition as if, on the final page of the form, in the text that begins “Sign the petition as a proxy for more than two people”, for “Sign” there were substituted “(In the case of a proxy appointed before 31st October 2023) sign”.

(5) Form E (official petition notice for an elector who may sign the petition by post) in Part 3 of Schedule 2 to the 2016 Regulations [F3 applies] in respect of a relevant recall petition as if, on the second page of the form, in the text that begins “Sign the petition as a proxy for more than two people”, for “Sign” there were substituted “(In the case of a proxy appointed before 31st October 2023) sign”.

[F4 (6) Form E (official petition notice for an elector who may sign the petition by post) in Part 3 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the second page of the notice, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

“In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, 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)”.

(7) Form G (official petition notice for a proxy who may sign the petition by post) in Part 3 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the final page of the form, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

“In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, 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)”.

(8) This sub-paragraph applies to a recall petition for which—

(a) the Speaker’s notice is given in accordance with section 5(1) of the Recall of MPs Act 2015 on or after 31st January 2024, and

(b) the date for the beginning of the signing period for that petition is on or before 1st May 2024.]

Textual Amendments

F1 Word in Sch. 2 para. 37(3) substituted (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(7)(a)

F2 Sch. 2 para. 37(3A)(3B) 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(7)(b)

F3 Word in Sch. 2 para. 37(5) substituted (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(7)(c)

F4 Sch. 2 para. 37(6)-(8) 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(7)(d)

Commencement Information

I9 Sch. 2 para. 37(1) in force at 31.1.2024, see reg. 1(3)(i)

I10 Sch. 2 para. 37(2)-(5) in force at 31.10.2023, see reg. 1(2)

Proxy paper form for certain proxy appointments U.K.

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

(a) beginning with 31st October 2023, and

(b) ending with 25th March 2024.

(2) Form J (proxy paper), as inserted into Part 1 of Schedule 2 to the 2016 Regulations by regulation 19(18)(a) applies as if in note 2, before “on behalf of more than four electors” there were inserted “(in relation to a petition for which the end of the signing period is on or after 25thMarch 2024)”.

(3) Form J (proxy paper), as inserted into Part 3 of Schedule 2 to the 2016 Regulations by regulation 19(18)(b) applies as if before “on behalf of more than four electors” there were inserted “(at a petition for which the end of the signing period is on or after 25thMarch 2024)”.

(4) In this paragraph, “proxy appointment” means an appointment resulting from an application under regulation 51(2) or (6), 52(1) or (7), 53(2), (3) or (4)(b) or 54(1) or (4)(b) of the 2016 Regulations.

Commencement Information

I11 Sch. 2 para. 38 in force at 31.10.2023, see reg. 1(2)

Saving for certain proxy appointments at ongoing recall petitions U.K.

39.—(1) This paragraph applies where—

(a) a proxy appointment ceases to have effect in accordance with paragraph 8 or 9 of Schedule 4 to EA 2022 or paragraph 35 of this Schedule, and

(b) ignoring the effect of that paragraph, a person would have been entitled by virtue of that appointment to sign as proxy at an ongoing recall petition.

(2) Despite the effect of paragraph 8(2) or 9(2) of Schedule 4 to EA 2022 or paragraph 35(2) of this Schedule, the proxy appointment continues to have effect for the purposes of the ongoing recall petition.

(3) In this paragraph, “proxy appointment” has the meaning given in paragraph 34(3).

Commencement Information

I12 Sch. 2 para. 39 in force at 31.10.2023, see reg. 1(2)

(1)

Section 6 was repealed, in relation to England, Wales and Scotland, by section 12(2) of the Representation of the People Act 2000 (c. 2). Subsection (1) was amended by paragraph 14(2) of Schedule 6 to the Representation of the People Act 2000, by section 3(2) of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13) and by S.I. 2018/699.