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9.—(1) The Schedule to the Elections Act 2001 is amended as follows.
(2) In paragraph 4—
(a)for the words “paragraph (3)” substitute “paragraph (3A)”; and
(b)the inserted paragraph becomes paragraph (3B).
(3) In paragraph 5, in the text inserted by sub-paragraph (3), after “tendered ballot papers” insert “or tendered postal ballot papers”.
(4) After paragraph 10, insert—
10A. In rule 40ZA(1) after paragraph (10) insert—
“(10A) The same list may be used for each election.
(10B) If it is, an entry in the list must be taken to mean that the tendered postal ballot papers were marked in respect of each election unless the list identifies the election at which a tendered postal ballot paper was marked.””.
(5) In paragraph 19, in the text inserted by that paragraph after “tendered ballot papers” insert “or tendered postal ballot papers”.
(6) After paragraph 24, insert—
24A. In rule 37A(2) after paragraph (10) insert—
“(10A) The same list may be used for each election.
(10B) If it is, an entry in the list must be taken to mean that the tendered postal ballot papers were marked in respect of each election unless the list identifies the election at which a tendered postal ballot paper was marked.””.
(7) In paragraph 29, in the form inserted by sub-paragraph (2) (form 5A. declaration of identity (combined polls))(3)—
(a)before “Name of witness” insert “*”;
(b)before “Address of witness” insert “*”, and after that paragraph insert—
“*(Returning officer to omit where ballot papers sent to an anonymous elector.)”; and
(c)in the section entitled “Instructions to the voter”, at the end of paragraph 1 insert “If you are an elector with an anonymous entry in the register, or you are the proxy for such a person, the name and address of the witness should not be included. However, you do need to sign this declaration in the presence of a witness and the witness must sign the form.”.
Rule 40ZA is inserted by article 3 of this Order.
Rule 37A is inserted by article 6(11) of this Order.
Form 5A was inserted only for the purpose of a combined local and parliamentary election by paragraph 29 of the Schedule to the Elections Act 2001 (c. 7), and that inserted form was amended by S.I. 2010/2977.
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