The Neighbourhood Planning (Referendums) Regulations 2012

Regulation 8

SCHEDULE 3 E+W THE NEIGHBOURHOOD PLANNING REFERENDUMS RULES

Modifications etc. (not altering text)

C1 Sch. 3 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(2)(3) (with Sch. 2 para. 27)

C2 Sch. 3 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(2)(3) (with Sch. 2 para. 27)

C3 Sch. 3 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(4)(5) (with Sch. 2 para. 27)

C4 Sch. 3 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 30(4)(5) (with Sch. 2 para. 27)

PART 1 E+W Citation and Interpretation

Citation E+W

1.  These Rules may be cited as the Neighbourhood Planning Referendums Rules.

Interpretation E+W

2.— [F1 (1) In these Rules—

“anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022;

“voter” means a person entitled to vote on their own behalf.]

(2) References to the register of local government electors (other than a reference to a person's number on the register) must be construed as references to the part or parts of the register or registers of local government electors which has or have effect in respect of the referendum area.

(3) References to the relevant registration officer are to—

(a) the registration officer of the relevant council;

(b) if the referendum area comprises any part of the area of more than one relevant council, the registration officer of the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of electors is registered.

(4) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

Textual Amendments

F1 Sch. 3 rule 2(1) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(3) (with reg. 1(6)(7))

PART 2 E+W Provisions as to Time

Timetable E+W

3.  The proceedings at the referendum are to be conducted in accordance with the following Timetable.

Timetable

Proceedings	Time
Publication of notice of referendum	Not later than the twenty-fifth day before the day of the referendum.
Notice of poll	Not later than the sixth day before the day of the referendum.
Polling	Between the hours of 7 in the morning and 10 at night on the day of the referendum.

Computation of time E+W

4.  In computing any period of time for the purposes of the Timetable the days mentioned in regulation 4(5) are to be disregarded, and any such day is not to be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the counting officer obliged to proceed with the counting of the votes on such a day.

PART 3 E+W General Provisions

Notice of referendum E+W

5.—(1) The counting officer must publish notice of the referendum, stating the date of the poll.

(2) The notice of referendum must state the date by which—

(a) applications to vote by post or by proxy; and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballot E+W

6.  A poll must be taken at the referendum and the votes at the poll must be given by ballot.

The ballot papers E+W

7.—(1) The ballot of every person entitled to vote at the referendum must consist of a ballot paper.

(2) Every ballot paper to be used in the referendum must be in the form set out in Form 1, 2 or 3 in the Appendix (as the case may be).

(3) Every ballot paper—

(a) must be capable of being folded up; and

(b) must have a number and other unique identifying mark printed on the back.

The corresponding number list E+W

8.—(1) The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by the counting officer in pursuance of rule 14(1) or provided by that person in pursuance of rule 18(1).

(2) The list must be in the form set out in Form 4 in the Appendix or a form to like effect.

The official mark E+W

9.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes at the same referendum.

Prohibition of disclosure of vote E+W

10.  No person who has voted at the referendum is, in any legal proceeding to question the referendum, required to state for which answer that person has voted.

Use of schools and public rooms E+W

11.—(1) The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996 M1 ) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b) a room the expense of maintaining which is payable out of any rate.

(2) The counting officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

Marginal Citations

M1 1996 c.56.

Cross-boundary referendum areas E+W

12.—(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.

(2) Where this rule applies, the Chief Counting Officer must ensure, as far as practicable, that any ballot paper or other document issued in relation to the referendum is in the same form (except for necessary changes) and is issued on the same date in respect of each relevant council.

PART 4 E+W Action to be Taken Before the Poll

Notice of poll E+W

13.—(1) The counting officer must publish notice of the poll stating—

(a) the day and hours fixed for the poll; and

(b) the question to be asked in the referendum.

(2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

(3) The counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station; and

(b) the description of persons entitled to vote there.

Postal ballot papers E+W

14.—(1) The counting officer must, in accordance with regulations made under the 1983 Act M2 , issue to those entitled to vote by post a ballot paper and a postal voting statement in the form set out in Form 6 in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The counting officer must also issue to those entitled to vote by post such information as the officer thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;

(b) a translation into Braille of such directions or guidance;

(c) graphical representations of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

Marginal Citations

M2 See the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) as amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

Provision of polling stations E+W

15.—(1) The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot polling stations to voters in such manner as the counting officer thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to voters from any parliamentary polling district wholly or partly within the referendum area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

(4) The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

[F2 (5) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.]

Textual Amendments

F2 Sch. 3 rule 15(5) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(4) (with reg. 1(6)(7))

Appointment of presiding officers and polling clerks E+W

16.—(1) The counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

(2) The counting officer may, if that officer thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer apply to a counting officer so presiding with the necessary modifications as to things to be done by the counting officer to the presiding officer or by the presiding officer to the counting officer.

(3) A presiding officer may do, by the clerks appointed to assist the officer, any act (including the asking of questions) which the officer is required or authorised by these Rules to do at a polling station [F3 except—

(a) order the arrest, exclusion or removal of any person from the polling station,

(b) refuse to deliver a ballot paper under rule 25(3) or rule 27(1E) (including that rule as applied by rule 28, 28 or 30), or

(c) resolve doubts over identity as mentioned in rule 27(1F) (including that paragraph as applied by rule 28, 29 or 30).]

Textual Amendments

F3 Words in Sch. 3 rule 16(3) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(5) (with reg. 1(6)(7))

Issue of official poll cards E+W

17.—(1) The counting officer must as soon as practicable after the publication of the notice of the referendum send to each voter and proxy an official poll card.

(2) The official poll card must be sent or delivered—

(a) in the case of a voter, to the voter's qualifying address; and

(b) in the case of a proxy, to the proxy's address as shown in the list of proxies.

(3) The official poll card must be in the form set out in Form 7, 8, 9 or 10 in the Appendix (as the case may be), or a form to like effect, and must set out—

(a) the name of the relevant council and of the neighbourhood area;

(b) the name of the voter, the voter's qualifying address and number on the register;

(c) the date and hours of the poll and the situation of the voter's polling station;

(d) such other information as the counting officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.

(4) In the case of a voter who has an anonymous entry in the register, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) In this rule references to a voter—

(a) are to a person who is registered in the register of local government electors on the last day for the publication of notice of the referendum; and

(b) include a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll.

Equipment of polling stations E+W

18.—(1) The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the counting officer's opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The counting officer must provide each polling station with—

(a) materials to enable voters and proxies to mark the ballot papers;

(b) copies of such part of the register of electors as contains the names of the voters who have the station allotted to them;

(c) the parts of any special lists prepared for the referendum corresponding to the register of electors or the part of it provided under sub-paragraph (b);

(d) a list, in the form set out in Form 5 in the Appendix or a form to like effect, consisting of that part of the list prepared under rule 8 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act M3 in respect of alterations to the register.

(5) The counting officer must also provide each polling station with—

(a) at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters and proxies who are partially sighted; F4 ...

[F5 (aa) a ballot paper refusal list, set out in Form 10A in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 31A (refusal to deliver ballot paper); and]

[F6 (b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 27 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(i) blindness or partial sight, or

(ii) another disability.]

[F7 (5A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (5)(b) of this rule as it applies for the purposes of that rule, but as if—

(a) the reference in that paragraph to the returning officer were a reference to the counting officer, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5)(b) of this rule.]

(6) A notice in the form set out in Form 11 in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

[F8 (6A) A large notice must be displayed inside each polling station containing—

(a) details of the documents the voter or proxy needs to produce when applying for a ballot paper, namely—

(i) in the case of a voter (other than a voter with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(ii) in the case of a voter with an anonymous entry, the voter’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and

(b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the voter or proxy that the voter or proxy claims to be.]

(7) The counting officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English as the counting officer considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

(8) In every compartment of every polling station there must be exhibited the notice “REFERENDUM ON [specify: neighbourhood plan / neighbourhood development order or community right to build order] FOR [specify name of neighbourhood area]. Mark a cross (X) in the box next to the answer of your choice. Vote ONCE only. Do not mark the ballot paper in any other way, or your vote may not be counted.”.

F9 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Word in Sch. 3 rule 18(5)(a) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(6)(a)(i) (with reg. 1(6)(7))

F5 Sch. 3 rule 18(5)(aa) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(6)(a)(ii) (with reg. 1(6)(7))

F6 Sch. 3 rule 18(5)(b) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 11(2)(a)(i) (with reg. 1(4))

F7 Sch. 3 rule 18(5A) inserted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 11(2)(a)(ii) (with reg. 1(4))

F8 Sch. 3 rule 18(6A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(6)(b) (with reg. 1(6)(7))

F9 Sch. 3 rule 18(9) omitted (29.12.2022) by virtue of The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 11(2)(a)(iii) (with reg. 1(4))

Marginal Citations

M3 Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and section 13B(3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

Appointment of polling observers and counting observers E+W

19.—(1) The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).

(2) The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).

(3) In the following provisions of these Rules references to polling observers and counting observers are to be taken as references to polling observers and counting observers whose appointments have been duly made.

(4) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers or counting observers, the non-attendance of any such person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy E+W

20.—(1) The counting officer must make such arrangements as the counting officer thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act M4 , as applied by Schedule 4; and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section, as applied by Schedule 4.

[F10 (2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).]

Textual Amendments

F10 Sch. 3 rule 20(2) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 4 (with reg. 1(7))

Marginal Citations

M4 Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).

Return of postal ballot papers E+W

21.—(1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list; or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act M5 .

(2) Rule 37(3) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Marginal Citations

M5 See regulation 84(7) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) as amended by S.I. 2006/2910.

PART 5 E+W The Poll

Admission to polling station E+W

22.—(1) The presiding officer must exclude all persons from the polling station except—

(a) voters and proxies;

(b) persons under the age of 18 who accompany voters and proxies to the polling station;

[F11 (ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 37(4)(b);]

(c) the polling observers appointed to attend at the polling station;

(d) the clerks appointed to attend at the polling station;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 M6 ;

(f) the constables on duty; and

(g) the companions of voters and proxies with disabilities.

(2) The presiding officer must regulate the total number of voters, proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) A constable or person employed by a counting officer must not be admitted to vote in person elsewhere than at the polling station allotted to them under these Rules, except on production and surrender of a certificate as to their employment which must be in the form set out in Form 12 in the Appendix, or a form to like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer by whom the person is employed, as the case may be.

(4) Any certificate surrendered under this rule must forthwith be cancelled.

[F12 (5) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).]

Textual Amendments

F11 Sch. 3 rule 22(1)(ba) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(2)(a)

F12 Sch. 3 rule 22(5) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 5 (with reg. 1(7))

Marginal Citations

M6 2000 c.41. Sections 6A to 6D were inserted by section 29 of the Electoral Administration Act 2006 (c.22).

Keeping of order in station E+W

23.—(1) It is the presiding officer's duty to keep order at the presiding officer's polling station.

(2) If a person misconducts themselves in a polling station, or fails to obey the presiding officer's lawful orders, that person may immediately, by the presiding officer's order, be removed from the polling station—

(a) by a constable in or near that station; or

(b) by any other person authorised in writing by the counting officer to remove the person,

and the person so removed may not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes E+W

24.  Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place the officer's seal on it in such a manner as to prevent the box being opened without breaking the seal and must place the box in the officer's view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).

Questions to be put to voters and proxies E+W

25.—(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the following Table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the Table; and

(b) must be put if the letter “R” appears after the question and a polling observer requires the question to be put:

Table

Q no	Person applying for ballot paper	Question
1	A person applying as a voter	[F13 (za)— What is your name?]
		[F13 (zb)— What is your address?]
		(a)—Are you the person registered in the register of local government electors for this referendum area as follows?
		(read the whole entry from the register) [R]
		(b)—Have you already voted here or elsewhere at this referendum, otherwise than as proxy for some other person? [R]
2	A person applying as proxy	[F13 (za)— What is your name?]
		[F13 (zb)— What is your address?]
		(a)—Are you the person whose name appears as AB in the list of proxies for this referendum area as entitled to vote as proxy on behalf of CD? [R]
		(b)—Have you already voted here or elsewhere at this referendum as proxy on behalf of CD? [R]
		(c)—Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD? [R]
3	A person applying as proxy for a voter with an anonymous entry (instead of the questions at entry 2)	[F13 (za)— What is your name?]
		[F13 (zb)— What is your address?]
		(a)—Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R]
		(b)—Have you already voted here or elsewhere as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R]
		(c)—Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R]
4	A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative	Have you already voted at this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R]
5	A person applying as a voter in relation to whom there is an entry in the postal voters list	[F13 (za)— What is your name?]
		[F13 (zb)— What is your address?]
		(a)—Did you apply to vote by post?
		(b)—Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	[F13 (za)— What is your name?]
		[F13 (zb)— What is your address?]
		(a)—Did you apply to vote by post as proxy?
		(b)—Why have you not voted by post as proxy?

(2) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register are taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

[F14 (2A) Where a clerk—

(a) gives a person the required information (see paragraph (5)),

(b) puts a question specified in paragraph (1) to the person, and

(c) decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.]

[F15 (3) Where the presiding officer—

(a) gives the person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

(c) decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person (and see rule 31A for the procedure where a ballot paper is refused under this paragraph).

(3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of electors;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B) In the case of a voter or proxy in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).]

(4) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote [F16 (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter or proxy is not to be regarded as an inquiry as to the right of the person to vote)].

[F17 (5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.]

Textual Amendments

F13 Words in Sch. 3 rule 25 Table inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(7)(a) (with reg. 1(6)(7))

F14 Sch. 3 rule 25(2A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(7)(b) (with reg. 1(6)(7))

F15 Sch. 3 rule 25(3)-(3B) substituted for Sch. 3 rule 25(3) (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(7)(c) (with reg. 1(6)(7))

F16 Words in Sch. 3 rule 25(4) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(7)(d) (with reg. 1(6)(7))

F17 Sch. 3 rule 25(5) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(7)(e) (with reg. 1(6)(7))

Modifications etc. (not altering text)

C5 Sch. 3 rule 25 modified (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 28(2)(3) (with Sch. 2 para. 27)

Challenge of voter or proxy E+W

26.  A person must not be prevented from voting by reason only that—

(a) any polling observer permitted to be present in accordance with rule 22(1) declares that the polling observer has reasonable cause to believe that the person has committed an offence of personation; or

(b) the person is arrested on the grounds that the person is suspected of committing or of being about to commit such an offence.

Voting procedure E+W

27.—(1)  [F18 Subject to rule 25(3) and to paragraphs (1A) to (1M), a] ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery—

F19 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the number of the voter as stated in the register must be marked on the list mentioned in rule 18(3)(d) beside the number of the ballot paper to be issued;

(c) a mark must be placed in the copy of the register of electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against their name in the list of proxies.

[F20 (1A) A ballot paper must not be delivered to a voter or proxy unless the voter or proxy produces a specified document to the presiding officer or a clerk.

(1B) The presiding officer or clerk must arrange for the voter or proxy to produce any document in a private area of the polling station if the voter or proxy so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter or proxy.

(1C) Paragraph (1D) applies in relation to a voter or proxy where—

(a) the voter or proxy produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or

(b) the voter or proxy produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter or proxy had produced the document to the presiding officer in the first place.

(1E) The presiding officer must refuse to deliver a ballot paper to a voter or proxy where—

(a) the voter or proxy produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or

(b) the voter or proxy produces a document to the officer that the officer reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the voter or proxy that the voter or proxy claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter or proxy producing further proof of identity, and

(b) the presiding officer has no other reason (arising from any document produced by the voter or proxy) to doubt that the voter or proxy is the voter or proxy that the voter or proxy claims to be.

(1G) The refusal to deliver a ballot paper to a voter or proxy under paragraph (1E) does not prevent the voter or proxy making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a voter or proxy who has an anonymous entry in the register of electors, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);

(b) in the case of a voter or proxy who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i) was issued by the registration officer for the local authority in whose area the referendum is held,

(ii) contains the number—

(aa) allocated to the voter or proxy as stated in the copy of the register of electors, or

(bb) where an entry relating to the voter or proxy is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the referendum is after the date for which the document is issued.

(1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1M) References in this rule to producing a document are to producing it for inspection.]

(2) A voter who has an anonymous entry must show the presiding officer their official poll card F21 ....

(3) In the case of a voter who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

F22 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in sub-paragraph (b), for “in the register” substitute “ in the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”;

(c) in sub-paragraph (c), for “in the copy of the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”.

(4) The voter or proxy, on receiving their ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark the ballot paper and fold it up so as to conceal their vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

(5) The voter or proxy must vote without undue delay, and must leave the polling station as soon as the voter or proxy has put the ballot paper into the ballot box.

[F23 (6) A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.]

Textual Amendments

F18 Words in Sch. 3 rule 27(1) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(8)(a)(i) (with reg. 1(6)(7))

F19 Sch. 3 rule 27(1)(a) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(8)(a)(ii) (with reg. 1(6)(7))

F20 Sch. 3 rule 27(1A)-(1M) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(8)(b) (with reg. 1(6)(7))

F21 Words in Sch. 3 rule 27(2) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(8)(c) (with reg. 1(6)(7))

F22 Sch. 3 rule 27(3)(a) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(8)(d) (with reg. 1(6)(7))

F23 Sch. 3 rule 27(6) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 6 (with reg. 1(7))

Votes marked by presiding officer E+W

28.—(1)  [F24 Subject to paragraph (1A), the] presiding officer, on the application of a voter or proxy—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules; or

(b) who declares orally that the voter or proxy is unable to read,

must, in the presence of the polling observers (if any), cause that person's vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.

[F25 (1A) Paragraphs (1A) to (1M) of rule 27 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 27(1), but as if—

(a) references to delivering a ballot paper to a voter or proxy were to causing a voter’s or proxy’s vote to be marked on a ballot paper, and

(b) in rule 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.]

(2) The name and number in the register of electors of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

(3) In the case of a person voting as proxy for a voter, the number to be entered together with the proxy's name is the number in the register of the voter.

(4) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “in the register of electors of every person” there were substituted “ relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.

Textual Amendments

F24 Words in Sch. 3 rule 28(1) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(9)(a) (with reg. 1(6)(7))

F25 Sch. 3 rule 28(1A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(9)(b) (with reg. 1(6)(7))

Voting by persons with disabilities E+W

29.—(1) If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability; or

(b) inability to read,

to vote with the assistance of another person by whom the voter or proxy is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether the voter or proxy is so incapacitated by blindness or other disability, or by the voter or proxy's inability to read, as to be unable to vote without assistance.

(2) [F26 Subject to paragraph (2A), if] the presiding officer—

(a) is satisfied that the voter or proxy is so incapacitated or unable to read; and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter or proxy with disabilities”) that the companion—

(i) is a qualified person within the meaning of this rule; and

(ii) has not previously assisted more than one voter or proxy with disabilities to vote at the referendum,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of their vote may be done to, or with the assistance of, the companion.

[F27 (2A) Paragraphs (1A) to (1M) of rule 27 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 27(1), but as if—

(a) references to delivering a ballot paper to a voter or proxy were to granting a voter’s or proxy’s application, and

(b) in rule 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.]

(3) For the purposes of these Rules, a person is a voter or proxy with disabilities if that person has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a voter or proxy with disabilities to vote [F28 if that person is aged 18 or over.]

(4) The name and number in the register of electors of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters or proxies with disabilities assisted by companions”).

(5) In the case of a person voting as proxy for a voter, the number to be entered together with the proxy's name is the number in the register of the voter.

(6) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every person” there were substituted “ relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.

(7) The declaration made by the companion of a voter or proxy with disabilities—

(a) must be in the form set out in Form 13 in the Appendix;

(b) must be made before the presiding officer at the time when the voter or proxy applies to vote with the assistance of a companion; and

(c) must forthwith be given to the presiding officer who must attest and retain it.

(8) No fee or other payment may be charged in respect of the declaration.

Textual Amendments

F26 Words in Sch. 3 rule 29(2) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(10)(a) (with reg. 1(6)(7))

F27 Sch. 3 rule 29(2A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(10)(b) (with reg. 1(6)(7))

F28 Words in Sch. 3 rule 29(3) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 11(2)(b) (with reg. 1(4))

Tendered ballot papers: circumstances where available E+W

30.—(1) If a person, representing themselves to be—

(a) a particular voter named on the register and not named in the absent voters list; or

(b) a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the voter or the voter's proxy, the applicant is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 31, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter or proxy.

(2) Paragraph (4) applies if—

(a) a person applies for a ballot paper representing themselves to be a particular voter named on the register;

(b) that person is also named in the postal voters list; and

(c) that person claims that that person did not make an application to vote by post at the referendum.

(3) Paragraph (4) also applies if—

(a) a person applies for a ballot paper representing themselves to be a particular person named as a proxy in the list of proxies;

(b) that person is also named in the proxy postal voters list; and

(c) that person claims that the person did not make an application to vote by post as proxy.

(4) The person is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 31, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

(5) Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents themselves to be—

(a) a particular voter named on the register who is also named in the postal voters list; or

(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that the person has lost or has not received their postal ballot paper.

(6) The person is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 31, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

[F29 (7) Paragraphs (1A) to (1M) of rule 27 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter or proxy who applies for a ballot paper under rule 27(1), but as if in rule 27(1G), the reference to making a further application under paragraph (1) of rule 27 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.]

Textual Amendments

F29 Sch. 3 rule 30(7) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(11) (with reg. 1(6)(7))

[F30 Postal voting documents handed in to the counting officer E+W

30A.— (1) Subject to paragraphs (2) and (3), the relevant officer must deliver to the counting officer—

(a) any postal voting document handed in under rule 64(4)(a) before the close of the poll, and

(b) the return of postal voting documents form completed in respect of it.

(2) A postal voting document may only be delivered to the counting officer in accordance with paragraph (1) if the requirements of rule 27A are met and the document is not rejected in accordance with rule 30B or 30D.

(3) Before delivering them to the counting officer in accordance with paragraph (1), the relevant officer must first make up into separate packets with a description of its contents written on each packet which is then sealed up—

(a) the postal voting documents;

(b) the return of postal voting documents forms for those postal voting documents.

Textual Amendments

F30 Sch. 7 rules 30A-30E inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(5)(e)

Rejection of postal voting documents handed in to the counting officer E+W

30B.— (1) The relevant officer must reject—

(a) all postal voting documents handed in by P where P fails to fully complete the return of postal voting documents form with the required information;

(b) all postal voting documents handed in by P other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other named voters;

(c) a postal voting document handed in by P or all postal voting documents handed in together by P (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same business referendum, or in respect of an election or referendum for which the day of poll is the same as the referendum to which the documents relate (whether to a polling station or to the counting officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other named voters.

(2) Where P hands in one or more proxy postal ballot papers completed by P as proxy for another named voter, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.

(3) The relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.

Textual Amendments

F30 Sch. 7 rules 30A-30E inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(5)(e)

Procedure for dealing with rejected postal voting documents handed in to the counting officer E+W

30C.— (1) Where any postal voting document has been rejected in accordance with rule 30B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

(2) The relevant officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms which must be sealed up with a description of its contents written on each packet.

(3) Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.

(4) The relevant officer must deliver those packets to the counting officer before the close of the poll.

Textual Amendments

F30 Sch. 7 rules 30A-30E inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(5)(e)

Postal voting documents left behind with the counting officer E+W

30D.— (1) This rule applies to a postal voting document to which rule 64(4)(a) applies and which is a left behind postal voting document.

(2) The relevant officer must—

(a) reject the left behind postal voting document,

(b) write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

(c) write the relevant officer’s name on that form, and

(d) attach that form to the left behind postal voting document.

(3) Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with regulation 30C(2).

Textual Amendments

F30 Sch. 7 rules 30A-30E inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(5)(e)

Opening of delivered or collected packets of postal voting documents E+W

30E.— (1) Paragraph (2) applies to the packets of postal voting documents delivered to or collected by the returning officer in accordance with rule 27(3) or (4) or 30A(1).

(2) Rules 28, 29(6), 31(1) and 32 apply to a packet to which this paragraph applies as if that packet were a postal voters’ ballot box.]

Textual Amendments

F30 Sch. 7 rules 30A-30E inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(5)(e)

Tendered ballot papers: general provisions E+W

31.—(1) A tendered ballot paper must—

(a) be of a colour differing from that of the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by the officer with the name of the person who has marked a tendered ballot paper and their number in the register of electors, and set aside in a separate packet.

(2) The name of the person who has marked a tendered ballot paper and their number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for a voter, the number to be endorsed or entered together with the proxy's name is the number in the register of the voter.

(4) In the case of a voter who has an anonymous entry, this rule and rule 30 apply subject to the following modifications—

(a) in paragraphs (1)(b) and (2) above, the references to the name of the person who has marked a tendered ballot paper are ignored;

(b) otherwise, a reference to a person named in a register or list is construed as a reference to a person whose number appears in the register or list (as the case may be).

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 30 apply as if—

(a) in rule 30(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “ in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued ”;

(b) in paragraph (1)(b) of this rule for “their number in the register of electors” there were substituted “ the number relating to that person on a notice issued under section 13B(3B) or (3D) of the 1983 Act ”;

(c) in paragraph (2) of this rule, for “their number in the register of electors” there were substituted “ the number relating to that person on a notice issued under section 13B(3B) or (3D) of the 1983 Act ”;

(d) in paragraph (3) of this rule, for “the number in the register of the voter” there were substituted “ the number relating to the voter on a notice issued under section 13(3B) or (3D) of the 1983 Act ”.

[F31 Refusal to deliver ballot paper E+W

31A.— (1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

(a) the voter’s electoral number, and

(b) against that number, the reason for the refusal.

(2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

(a) the name and address of the voter, and

(b) against those details, the reason for the refusal.

(3) Paragraphs (4) and (5) apply where—

(a) a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 27(1E), and

(b) the voter or proxy makes a further application under rule 27(1).

(4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy).

(7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number—

(a) allocated to the person as stated in the copy of the register of electors, or

(b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(8) Subject to rule 27(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever.

(9) A refusal to deliver a ballot paper to a voter or proxy is subject to review in proceedings brought as mentioned in section 61N(3) of the 1990 Act.

(10) In this rule—

(a) except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 25(3) or 27(1E), and

(b) any reference to paragraph (1E) or (1G) of rule 27 includes a reference to that paragraph as applied by rule 28, 29 or 30.]

Textual Amendments

F31 Sch. 3 rule 31A inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(12) (with reg. 1(6)(7))

Spoilt ballot papers E+W

32.  A voter or proxy who has inadvertently dealt with their ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to the presiding officer's satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “ a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Correction of errors on day of poll E+W

33.  The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

Adjournment of poll in case of riot E+W

34.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings until the following day and must forthwith give notice to the counting officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b) references in these Rules to the close of the poll are construed accordingly.

Procedure on close of poll E+W

35.—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers (if any), make up into separate packets, sealed with the presiding officer's own seal and the seals of such polling observers as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached;

(b) the unused and spoilt ballot papers placed together;

(c) the tendered ballot papers;

(d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies;

[F32 (da) the ballot paper refusal list completed in accordance with rule 31A;]

(e) the lists prepared under rule 8 including the parts which were completed in accordance with rule 27(1)(b) (together referred to in these Rules as “the completed corresponding number lists”);

(f) the certificates as to employment on duty on the day of the poll;

(g) the tendered votes list, the list of voters and proxies with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters and proxies whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 33, and the declarations made by the companions of voters and proxies with disabilities,

and must deliver the packets or cause them to be delivered to the counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the counting officer, the arrangements for their delivery require the counting officer's approval.

(2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to that officer, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

Textual Amendments

F32 Sch. 3 rule 35(1)(da) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(13) (with reg. 1(6)(7))

PART 6 E+W Counting of Votes

Attendance at counting of votes E+W

36.—(1) The counting officer must make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the close of the poll, and must give to the counting observers notice in writing of the time and place at which the counting officer will begin to count the votes.

(2) No person other than—

(a) the Chief Counting Officer, the counting officer and the counting officer's clerks;

(b) the counting observers; and

(c) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

may be present at the counting of the votes, unless permitted by the counting officer to attend.

(3) A person not entitled to attend at the counting of the votes is not permitted to do so by the counting officer unless the counting officer is satisfied that the efficient counting of the votes will not be impeded.

(4) The counting officer must give the counting observers all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the officer can give them consistent with the orderly conduct of the proceedings and the discharge of the officer's duties in connection with them.

(5) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting observers are entitled to satisfy themselves that the ballot papers are correctly sorted.

The count E+W

37.—(1) The counting officer must—

(a) in the presence of the counting observers open each ballot box and count and record the number of ballot papers in it;

(b) in the presence of the counting observers verify each ballot paper account; and

(c) count such of the postal ballot papers as have been duly returned and record the number counted.

(2) The counting officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box; and

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(3) A postal ballot paper must not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (4) and reaches the counting officer or any polling station used at the referendum in question before the close of the poll;

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (4) and reaches the counting officer or such a polling station before that time;

(c) the postal voting statement also states the date of birth of the voter or proxy; F33 ...

(d) in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act, the counting officer (having taken such steps) verifies that date of birth and that signature.

[F34 (e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.]

[F35 (3A) A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.]

(4) The manner in which any postal ballot paper or postal voting statement may be returned—

(a) to the counting officer, is by hand or by post;

(b) to a polling station, is by hand.

(5) The counting officer must not count any tendered ballot paper.

(6) The counting officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(7) The counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting observer may copy.

(8) Where the referendum area comprises any part of the area of more than one relevant council, as soon as is practicable after the counting officer has drawn up the statement as to the result of the verification, the counting officer must inform the Chief Counting Officer of its content.

(9) The counting officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the counting officer may exclude the hours between 7 in the evening and 9 on the following morning.

(10) During the time so excluded the counting officer must—

(a) place the ballot papers and other documents relating to the referendum under the counting officer's own seal; and

(b) otherwise take proper precautions for the security of the papers and documents.

Textual Amendments

F33 Word in Sch. 3 rule 37(3)(c) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(2)(b)(i)

F34 Sch. 3 rule 37(3)(e) and word inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(2)(b)(ii)

F35 Sch. 3 rule 37(3A) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 7 (with reg. 1(7))

Re-count E+W

38.—(1) The counting officer may have the votes re-counted or again re-counted.

(2) Paragraphs (3) to (7) apply where the referendum area comprises any part of the area of more than one relevant council.

(3) As soon as practicable after the conclusion of the count (which includes any re-count whether or not directed under this rule), the counting officer must draw up a provisional statement showing—

(a) the number of ballot papers counted by the counting officer;

(b) the number of votes cast in favour of each answer to the question asked in the referendum.

(4) As soon as possible after completion of the provisional statement, the counting officer must inform the Chief Counting Officer of its contents.

(5) Once the Chief Counting Officer has received the report of any counting officer on the contents of that counting officer's provisional statement prepared under paragraph (3) and under rule 39(5), the Chief Counting Officer may direct the counting officer to re-count (or further re-count) the votes.

(6) A re-count directed by the Chief Counting Officer under paragraph (5) may be of the votes in the whole referendum area, or in the areas of such of the relevant councils falling within the referendum area as the Chief Counting Officer considers reasonable.

(7) A counting officer must proceed with a re-count as soon as practicable after receipt of the Chief Counting Officer's direction, and if not proceeding forthwith must notify those counting observers entitled to be present at the re-count of the time and place at which the counting officer will begin to re-count the votes.

Rejected ballot papers E+W

39.—(1) Any ballot paper—

(a) which does not bear the official mark; or

(b) on which votes are given for more than one answer; or

(c) on which anything is written or marked by which the voter or proxy can be identified except the printed number and other unique identifying mark on the back; or

(d) which is unmarked or void for uncertainty,

is, subject to paragraph (2), void and must not be counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place; or

(b) otherwise than by means of a cross; or

(c) by more than one mark,

is not for such reason deemed to be void if an intention that the vote is for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that the voter or proxy can be identified by it.

(3) The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to the counting officer's decision.

(4) Subject to paragraph (5), the counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of—

(a) want of official mark;

(b) voting for more than one answer;

(c) writing or mark by which the voter or proxy could be identified;

(d) unmarked or void for uncertainty.

(5) Where the referendum area comprises any part of the area of more than one relevant council, the statement referred to in paragraph (4) above is to be a provisional statement and as soon as practicable after the completion of that statement, the counting officer must inform the Chief Counting Officer of its contents.

Decisions on ballot papers E+W

40.  The decision of the counting officer on any question arising in respect of a ballot paper is final.

Equality of votes E+W

41.  Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between the answers, the result is that there is no majority in favour of the making of the plan or order.

PART 7 E+W Declaration of Result and Disposal of Documents

Declaration of result E+W

42.—(1) This rule applies where rule 43 does not apply.

(2) When the result of the poll has been ascertained, the counting officer must forthwith—

(a) declare the result of the referendum;

(b) inform the proper officer of the relevant council of the result of the referendum;

(c) give public notice of—

(i) the result of the referendum;

(ii) the number of ballot papers counted;

(iii) the total number of votes cast for each answer; and

(iv) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

Declaration of result: cross-boundary referendum areas E+W

43.—(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.

(2) When the Chief Counting Officer is satisfied the result of the poll has been ascertained, the Chief Counting Officer must direct the counting officers to draw up a final statement of the matters referred to in rule 38(3) and to provide final versions of their statements of rejected ballot papers.

(3) The counting officer, having drawn up the final statement, must—

(a) forthwith inform the Chief Counting Officer of its contents; and

(b) as soon as reasonably practicable give the Chief Counting Officer notice of the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(4) When authorised by the Chief Counting Officer to do so, each counting officer must—

(a) make a declaration of the matters referred to in the final statement; and

(b) give public notice of those matters together with the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(5) The Chief Counting Officer, having received notification of the final statement from each counting officer referred to in paragraph (2) must—

(a) draw up a statement of—

(i) the total number of ballot papers counted, and

(ii) the total number of votes cast in favour of each answer to the question asked,

in respect of the referendum;

(b) declare the result of the referendum;

(c) inform the proper officer of each relevant council of the result of the referendum;

(d) give public notice of—

(i) the result of the referendum;

(ii) the number of ballot papers counted;

(iii) the total number of votes cast for each answer; and

(iv) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

Sealing up of ballot papers E+W

44.—(1) On the completion of the counting at a referendum the counting officer must seal up in separate packets the counted and rejected ballot papers.

(2) The counting officer must not open the sealed packets of—

(a) tendered ballot papers;

(b) the completed corresponding number lists;

[F36 (ba) the completed ballot paper refusal list;]

(c) certificates as to employment on duty on the day of the poll; or

(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Textual Amendments

F36 Sch. 3 rule 44(2)(ba) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(14) (with reg. 1(6)(7))

Delivery of documents to relevant registration officer E+W

45.  The counting officer must then forward to the relevant registration officer the following documents—

(a) the packets of ballot papers in the counting officer's possession;

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;

(c) the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 33, and the declarations made by the companions of voters and proxies with disabilities;

(d) the packets of the completed corresponding number lists;

[F37 (da) the packet containing the completed ballot paper refusal list;]

(e) the packets of certificates as to employment on duty on the day of the poll; and

(f) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the referendum to which it relates and the name of the relevant council.

Textual Amendments

F37 Sch. 3 rule 45(da) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(15) (with reg. 1(6)(7))

Orders for production of documents E+W

46.—(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer; or

(b) for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the relevant registration officer's custody,

may be made by a county court [F38 or the High Court], if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers [F38 or for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act].

[F39 (1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act.]

F40 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this rule may be made subject to such conditions as to—

(a) persons;

(b) time;

(c) place and mode of inspection;

(d) production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given is not disclosed until it has been proved—

(a) that their vote was given; and

(b) that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in the relevant registration officer's possession relating to any specified referendum—

(a) the production by the relevant registration officer or that officer's agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the specified referendum; and

(b) any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at any referendum; and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

is prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(9) Save as by this rule provided, no person is to be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Textual Amendments

F38 Words in Sch. 3 rule 46(1) inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 8(1)(a)

F39 Sch. 3 rule 46(1A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(16) (with reg. 1(6)(7))

F40 Sch. 3 rule 46(2) omitted (6.4.2013) by virtue of The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 8(1)(b)

Retention of documents E+W

47.  The relevant registration officer must retain for one year all documents relating to a referendum forwarded to that officer in pursuance of these Rules by a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.

F41 F42 F43 PART 8 E+W Appendix of Forms

Textual Amendments

F41 Sch. 3 Pt. 8 Form 6 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 7 Pt. 1

F42 Sch. 3 Pt. 8 Form 8 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 7 Pt. 1

F43 Sch. 3 Pt. 8 Form 10 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), Sch. 7 Pt. 1

Note:—The forms contained in this Appendix may be adapted so far as circumstances require.

Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

Form 4 - Corresponding Number List L1

Form 5 - Corresponding Number List L2

Form 6 - Form of Postal Voting Statement

Form 7 - Official Poll Card (to be sent to a voter voting in person)

Form 8 - Official Postal Poll Card (to be sent to a voter voting by post)

Form 9 - Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

Form 10 - Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

[F44 Form 10A—Ballot Paper Refusal List]

Textual Amendments

F44 Words in Sch. 3 Pt. 8 Table of Contents inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(17)(a) (with reg. 1(6)(7))

Form 11 - Form of directions for the guidance of the voters and proxies in voting

Form 12 - Form of Certificate of Employment

Form 13 - Form of declaration made by the companion of a voter or proxy with disabilities

Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1 E+W

Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1 E+W

Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1 E+W

Form 4 - Corresponding Number List L1 E+W

Form 5 - Corresponding Number List L2 E+W

Form 6: Form of Postal Voting Statement E+W

 

[F45 Form 7: Official poll card E+W

Textual Amendments

F45 Sch. 3 Pt. 8 Form 7 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(17)(b), Sch. 11 Pt. 1 (with reg. 1(6)(7))

Front of form

Rear of form

 ]

Form 8: Official Postal Poll Card (to be sent to a voter voting by post) E+W

 

[F46 Form 9: Official proxy poll card E+W

Textual Amendments

F46 Sch. 3 Pt. 8 Form 9 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(17)(c), Sch. 11 Pt. 1 (with reg. 1(6)(7))

Front of form

Rear of form

 ]

Form 10: Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) E+W

 

[F47 Form 10A: Ballot paper refusal list E+W

Textual Amendments

F47 Sch. 3 Pt. 8 Form 10A inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(17)(d), Sch. 11 Pt. 1 (with reg. 1(6)(7))

 ]

[F48 Form 11: Form of directions for the guidance of the voters and proxies in voting E+W

Textual Amendments

F48 Sch. 3 Pt. 8 Form 11 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 64(17)(e), Sch. 11 Pt. 1 (with reg. 1(6)(7))

 ]

[F49 Form 12: Form of Certificate of Employment E+W

Textual Amendments

F49 Sch. 3 Pt. 8 Form 12 substituted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 8, Sch. 1 (with reg. 1(7))

 ]

[F50 Form 13: declaration to be made by the companion of a voter or proxy with disabilities E+W

Textual Amendments

F50 Sch. 3 Form 13 substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), reg. 1(3), Sch. 6 Pt. 1 (with reg. 1(4))

 ]