The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

1. Introductory Text

2. PART 1

   1. 1. Citation and commencement

   2. 2. Application

   3. 3. Interpretation

3. PART 2

   1. 4. The register

   2. 5. Order of names

   3. 6. Anonymous entries

   4. 7. Publication of register

   5. 8. Publication of 10% threshold

   6. 9. Supply of register

4. PART 3

   1. CHAPTER 1

      1. 10. The signing sheet

      2. 11. Corresponding number lists

      3. 12. The official mark

      4. 13. Use of public rooms

   2. CHAPTER 2

      1. 14. Notice of petition

      2. 15. Availability for signing the petition

      3. 16. Allotment of petition signing places

      4. 17. Appointment of petition assistants

      5. 18. Issue of official petition notice

      6. 19. Equipment at petition signing place

      7. 20. Identification of secure storage

      8. 21. Notification of requirement of secrecy

   3. CHAPTER 3

      1. 22. Admission to petition signing place

      2. 23. Keeping order at a petition signing place

      3. 24. Sealing of ballot boxes

      4. 25. Questions to be put to persons signing the petition

      5. 26. Challenge of person signing the petition

      6. 27. Signing procedure: England and Wales and Scotland

      7. 28. Signing procedure: Northern Ireland

      8. 29. Signing sheets endorsed by petition clerk

      9. 30. Tendered signing sheets

      10. 31. Refusal to deliver signing sheet: Northern Ireland

      11. 32. Spoilt signing sheets

      12. 33. Daily verification and storage

      13. 34. Reporting discrepancies

      14. 35. Correction of errors during the signing period

      15. 36. Adjournment of petition in case of riot

      16. 37. Procedure on close of petition

   4. CHAPTER 4

      1. 38. Attendance at counting of signatures

      2. 39. The count

      3. 40. Rejected signing sheets

      4. 41. Decisions on signing sheets

      5. 42. Public notice of outcome of petition

   5. CHAPTER 4

      1. 43. Sealing up of signing sheets

      2. 44. Delivery of documents to the registration officer: England and Wales and Northern Ireland

      3. 45. Orders for production of documents: England and Wales and Northern Ireland

      4. 46. Retention of documents: England and Wales and Northern Ireland

      5. 47. Retention and disposal of documents: Scotland

      6. 48. Access to marked registers

5. PART 4

   1. CHAPTER 1

      1. 49. Interpretation

      2. 50. Entitlement to sign by post or proxy

      3. 51. Absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland

      4. 52. Absent signing at any petition for an indefinite period: Northern Ireland

      5. 53. Absent signing at a particular petition: England and Wales and Scotland

      6. 54. Absent signing at a particular petition: Northern Ireland

      7. 55. Absent signers lists: England and Wales and Scotland

      8. 56. Absent signers list: Northern Ireland

      9. 57. Proxies at petitions

      10. 58. Signing the petition as a proxy

      11. 59. The personal identifiers record: England and Wales and Scotland

   2. CHAPTER 2

      1. 60. General requirements for applications for absent signing

      2. 61. Additional requirements for applications for signing sheets to be sent to different address from that stated in application

      3. 62. Additional requirements for applications for signing sheets to be sent to different addresses from that shown in the record kept by the registration officer

      4. 63. Additional requirements for applications for the appointment of a proxy

      5. 64. Additional requirements for applications for a proxy signature for a definite or an indefinite period on grounds of blindness or other disability: England and Wales and Scotland

      6. 65. Additional requirements for applications for a proxy signature for an indefinite period on grounds of blindness or other disability: Northern Ireland

      7. 66. Additional requirements for applications for a proxy signature for a definite or an indefinite period based on occupation, service, employment or attendance on a course

      8. 67. Additional provision concerning the requirement that an application for absent signing must be signed by the applicant: England and Wales and Scotland

      9. 68. Additional requirements for applications for a proxy signature in respect of a particular petition: England and Wales and Scotland

      10. 69. Additional requirements: applications for an emergency proxy signature in respect of a particular petition: England and Wales and Scotland

      11. 70. Additional requirements for applications in respect of a particular petition: Northern Ireland

      12. 71. Closing date for applications: England and Wales and Scotland

      13. 72. Closing date for applications: Northern Ireland

      14. 73. Grant or refusal of applications

      15. 74. Appeals: England and Wales

      16. 75. Appeals: Scotland

      17. 76. Appeals: Northern Ireland

      18. 77. Notice of appeal

      19. 78. Cancellation of proxy appointment

      20. 79. Inquiries by registration officer

      21. 80. Records and lists kept under this Part

      22. 81. Marked register for petition signing place

6. PART 5

   1. CHAPTER 1

      1. 82. Interpretation of Part 5

      2. 83. Form of postal petition statement: England and Wales and Scotland

      3. 84. Form of declaration of identity: Northern Ireland

      4. 85. Postal signing packs

      5. 86. Time when postal signing packs are to be issued

   2. CHAPTER 2

      1. 87. Procedure on issue of postal signing sheets

      2. 88. Refusal to issue postal signing sheet

      3. 89. Persons entitled to be present at proceedings on issue of postal petition signing sheets

      4. 90. Notification of requirement of secrecy

      5. 91. Envelopes

      6. 92. Sealing up of corresponding number lists and security of special lists

      7. 93. Delivery of postal signing sheets

      8. 94. Spoilt postal signing sheets: England and Wales and Scotland

      9. 95. Spoilt postal signing sheets: Northern Ireland

      10. 96. Lost postal signing sheets: England and Wales and Scotland

      11. 97. Lost postal signing sheets: Northern Ireland

      12. 98. Cancellation of postal signing sheets

   3. CHAPTER 3 etc

      1. 99. Alternative means of returning postal signing sheets, postal petition statements and declarations of identity.

      2. 100. Persons entitled to be present at proceedings on receipt of postal signing sheet

      3. 101. Postal ballot boxes and receptacles

      4. 102. Receipt of covering envelopes

      5. 103. Opening of postal signers’ ballot box

      6. 104. Opening of covering envelopes

      7. 105. Procedure in relation to declarations of identity: Northern Ireland

      8. 106. Confirming receipt of postal signing statements: England and Wales and Scotland

      9. 107. Procedure in relation to postal petition statements: personal identifier verification: England and Wales and Scotland

      10. 108. Opening of signing sheet envelopes

      11. 109. Retrieval of cancelled postal signing sheets

      12. 110. Lists of rejected postal signing sheets: England and Wales and Scotland

      13. 111. Checking lists of rejected postal signing sheets: England and Wales and Scotland

      14. 112. Sealing of receptacles

      15. 113. Early termination of petition

      16. 114. Forwarding of documents

      17. 115. Notification of a rejected postal petition statement: England and Wales and Scotland

      18. 116. Requirement to provide fresh signature following rejection of a postal petition statement: England and Wales and Scotland

7. PART 6

   1. 117. Interpretation

   2. 118. Personation

   3. 119. Other signing offences

   4. 120. Offences relating to applications for postal and proxy signing

   5. 121. Breach of official duty

   6. 122. Tampering with signing sheets etc.

   7. 123. Requirement of secrecy

   8. 124. Prohibition on publication of exit polls

   9. 125. Broadcasting from outside United Kingdom

   10. 126. Imitation of official petition notice

   11. 127. Disturbances at petition meetings: England and Wales and Scotland

   12. 128. Illegal canvassing by police officers

   13. 129. False statements as to MP or accredited campaigner

   14. 130. Payments for exhibition of petition notices

   15. 131. Details to appear on petition publications

   16. 132. Prohibition of paid canvassers

   17. 133. Providing money for illegal purposes

   18. 134. Bribery

   19. 135. Treating

   20. 136. Undue influence

   21. 137. Absent signing

   22. 138. Interference with notices

   23. 139. Corrupt and illegal practices

8. PART 7

   1. 140. Questioning the outcome of a petition

   2. 141. Public notice of early termination

   3. 142. Communication of applications, notices etc

   4. 143. Electronic signatures and related certificates

   5. 144. Forms

   6. 145. Time

   7. 146. Translations etc of certain documents

   8. 147. Public notices and declarations

   9. 148. Publication of documents

   10. 149. Amendment to section 9(4) of the Act

   11. 150. Modification of section 6C PPERA 2000

   12. 151. Fee for the copy of the return or declaration or any other document

   13. 152. Notices in connection with alteration of registers: amendments

9. Signature

10. SCHEDULES

    1. SCHEDULE 1

       SUPPLY OF REGISTER

       1. 1. Supply of copy of register of parliamentary electors to petition officer: England and Wales and Scotland

       2. 2. Supply of record of anonymous entries to petition officer: England and Wales and Scotland

       3. 3. Supply of register on request and specific restrictions

    2. SCHEDULE 2

       FORMS

       1. PART 1 United Kingdom

       2. PART 2 Welsh Forms

       3. PART 3 Northern Ireland

    3. SCHEDULE 3

       ACCESS TO MARKED REGISTERS AFTER A PETITION

       1. 1. Interpretation of this Schedule

       2. 2. Supply of marked registers and lists after a petition

       3. 3. Inspection of documents open to public inspection

       4. 4. Restrictions on use, supply and disclosure of documents by the registration officer, Chief Electoral Officer for Northern Ireland and staff

       5. 5. Other restrictions on use of documents or information contained in them

       6. 6. Calculating the fee for supply of marked registers or lists

    4. SCHEDULE 4

       LEGAL PROCEEDINGS: APPLICATION TO RECALL PETITIONS OF EXISTING PROVISIONS

       1. PART 1 REPRESENTATION OF THE PEOPLE ACT 1983, PART 3

          1. 1. (1) Part 3 of the 1983 Act (legal proceedings) applies...

          2. 2. General modifications

          3. 3. Questioning of a recall petition

          4. 4. In section 121 (presentation and service of a recall petition...

          5. 5. In section 122 (time for presentation or amendment of a...

          6. 6. In section 123 (constitution of the election court and place...

          7. 7. Omit sections 127 to 135A (questioning of a local election)....

          8. 8. Procedure on recall petition complaints

          9. 9. In section 138 (list of petitions)— (a) in subsection (1),...

          10. 10. In section 139 (trial of petition)— (a) in subsection (1),...

          11. 11. In section 140 (witnesses), in subsection (1), omit the words...

          12. 12. In section 143 (expenses of witnesses), in subsection (2), omit...

          13. 13. In section 144 (conclusion of trial of recall petition complaint)—...

          14. 14. Omit sections 145 (conclusion of trial of local election petition)...

          15. 15. In section 146 (special case for determination of High Court)—...

          16. 16. In section 147 (withdrawal of complaint)— (a) in subsection (1),...

          17. 17. In section 155 (neglect or refusal to pay costs), in...

          18. 18. In section 157 (appeals and jurisdiction)— (a) in subsection (1),...

          19. 19. Consequences of finding by petition court of corrupt or illegal practice

          20. 20. In section 159 (MP reported guilty of corrupt or illegal...

          21. 21. In section 160 (persons reported personally guilty of corrupt or...

          22. 22. Further provision as to avoidance of recall petitions and striking off signatures

          23. 23. Omit section 165 (avoidance of election for employing corrupt agent)....

          24. 24. In section 166 (signatures to be struck off for corrupt...

          25. 25. Power to except innocent act from being illegal practice, payment, employment or hiring

          26. 26. Prosecutions for corrupt or illegal practices

          27. 27. In section 169 (prosecutions for illegal practices), for England and...

          28. 28. In section 173 (incapacities on conviction of corrupt or illegal...

          29. 29. Illegal payments, employments or hirings

          30. 30. General provisions as to prosecutions

          31. 31. Omit section 177 (local election offences punishable summarily).

          32. 32. In section 178 (prosecution of offences committed outside the United...

          33. 33. In section 179 (offences by associations)— (a) for “section 100...

          34. 34. In section 180 (evidence by certificate of holding of recall...

          35. 35. In section 181 (Director of Public Prosecutions), in subsection (1),...

          36. 36. Supplemental

          37. 37. In section 183 (costs), for “Part 2 or this Part...

          38. 38. In section 184 (service of notices)— (a) in subsection (1),...

          39. 39. In section 185 (interpretation of Part 3)—

       2. PART 2 THE ELECTION PETITION RULES 1960

          1. 40. (1) The Election Petition Rules 1960 apply for the purposes...

          2. 41. In rule 2 (definitions)— (a) omit the definitions of “local...

          3. 42. In rule 4 (form of petition), in paragraph (1)—

          4. 43. In rule 6 (notice to be given to respondent and...

          5. 44. In rule 9 (display etc of notice of time and...

          6. 45. In rule 10 (duty to specify matters in issue in...

          7. 46. Omit rules 14 (petition abated in the event of a...

          8. 47. In rule 19 (computation of time)— (a) in paragraph (1),...

          9. 48. In the Schedule (form of recall petition complaint), for the...

11. Explanatory Note