The Representation of the People (England and Wales) Regulations 2001

Changes over time for: Section 91

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Forwarding of documentsE+W

91.—(1) [F1The returning officer shall forward to the relevant registration officer determined in accordance with rule 55(1A) of the elections rules at the same time as he forwards the documents mentioned in rule 55 of the elections rules—]

(a)any packets referred to in regulations 75, 77(6) [F2, 78(2C)] [F3, [F478A(2),] [F579(4A)(b), 82A(4)(b),] 84(9)] and 89 above, subject to regulation 90 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral area (or areas) for which the election (or elections) was held, and

(b)F6... a completed statement in Form K [F7in respect of a local government election in Wales, or Form K1 in respect of any other election,] of the number of postal ballot papers issued.

F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where—

(a)any covering envelopes are received by the returning officer after the close of the poll (apart from those delivered in accordance with the provisions of regulation [F979(2A) and (3)] above);

(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the returning officer shall put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in paragraph (1) above.

[F10(3A) A returning officer, shall at the same time as forwarding the documents mentioned in paragraph (1)—

(a)forward the [F11lists] required to be compiled under regulation 87(4) [F12and (6)] to the relevant registration officer determined in accordance with rule 55(1A) of the election rules, and

(b)where the constituency comprises any part of the area of more than one local authority, the returning officer shall also forward a copy of such extracts of the [F13lists] required to be compiled under regulation 87(4) [F14and (6)] as are relevant to each of the other registration officers concerned.]

[F15(3B) Sub-paragraph (b) of paragraph (3A) applies to an Authority election as if the reference to the constituency was a reference to the electoral area.]

(4) Rules 56 and 57 of the elections rules shall apply to any packet or document forwarded under this regulation [F16except that in applying those rules to the [F17lists] compiled under regulation 87(4) [F18and (6)], the [F17lists] and any extracts from it are to be treated in the same manner as a counted ballot paper.]

(5) A copy of the statement referred to in paragraph (1)(b) above shall be provided by the returning officer to the Secretary of State [F19and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day].

Textual Amendments

F1Words in reg. 91(1) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 53(2) (with reg. 1(2)(3)(d))

F2Word in reg. 91(1)(a) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 12(2)(a)

F3Word in reg. 91(1)(a) inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 53(3) (with reg. 1(2)(3)(d))

F4Word in reg. 91(1)(a) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 36(1); S.I. 2014/414, art. 3(a)

F5Words in reg. 91(1)(a) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(a)(i)

F6Words in reg. 91(1)(b) omitted (23.3.2006) by virtue of The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 12(2)(b)

F7Words in reg. 91(1)(b) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(a)(ii)

F8Reg. 91(2) omitted (1.1.2007) by virtue of The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 53(4) (with reg. 1(2)(3)(d))

F9Words in reg. 91(3)(a) substituted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(b)

F10Reg. 91(3A) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 36(2); S.I. 2014/414, art. 3(a)

F11Word in reg. 91(3A)(a) substituted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(c)(i)