Search Legislation

The Voter Identification Regulations 2022

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 52

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Voter Identification Regulations 2022, Section 52. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Amendment of Schedule 3 (local government finance act referendum rules)U.K.

This section has no associated Explanatory Memorandum

52.—(1) Schedule 3 (local government finance act referendum rules) is amended as follows.

(2) In the list of contents, at the appropriate place insert “30A Refusal to deliver ballot paper”.

(3) In rule 2 (interpretation), for paragraph (1) substitute—

(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 his or her own behalf..

(4) In rule 14 (provision of polling stations), after paragraph (4) insert—

(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..

(5) In rule 15 (appointment of presiding officers and polling clerks), in paragraph (3) for the words from “except” to the end substitute—

except—

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

(b)refuse to deliver a ballot paper under rule 24(3) or rule 26(1E) (including that rule as applied by rule 27, 28 or 29), or

(c)resolve doubts over identity as mentioned in rule 26(1F) (including that paragraph as applied by rule 27, 28 or 29)..

(6) In rule 17 (equipment of polling stations)—

(a)in paragraph (5)—

(i)in sub-paragraph (a), omit the final “and”;

(ii)after sub-paragraph (a) insert—

(aa)a ballot paper refusal list, in the form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 30A (refusal to deliver ballot paper); and;

(b)after paragraph (6) insert—

(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) In rule 24 (questions to be put to voters and proxies)—

(a)in the table following paragraph (1), in the column headed “Questions”, in entry 1 (voters), entry 2 (proxies), entry 3 (proxies for a voter with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

(za)What is your name?

(zb)What is your address?;

(b)after paragraph (2) insert—

(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.;

(c)for paragraph (3) substitute—

(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 30A 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 person 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).;

(d)in paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a person is not to be regarded as an inquiry as to the right of the person to vote)”;

(e)after paragraph (4) insert—

(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..

(8) In rule 26 (voting procedure)—

(a)in paragraph (1)—

(i)for “A” substitute “Subject to rule 24(3) and to paragraphs (1A) to (1M), a”;

(ii)omit sub-paragraph (a);

(b)after paragraph (1) insert—

(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, and

(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 or proxy’s identity, except as permitted by the voter or proxy.

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

(c)in paragraph (2), omit the words from “and only” to the end;

(d)omit paragraph (3)(a).

(9) In rule 27 (votes marked by the presiding officer)—

(a)in paragraph (1), for “The” substitute “Subject to paragraph (1A), the”;

(b)after paragraph (1) insert—

(1A) Paragraphs (1A) to (1M) of rule 26 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 26(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 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule..

(10) In rule 28 (voting by persons with disabilities)—

(a)in paragraph (2), for “If” substitute “Subject to paragraph (2A), if”;

(b)after paragraph (2) insert—

(2A) Paragraphs (1A) to (1M) of rule 26 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 26(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 26(1G), the reference to paragraph (1) of rule 26 were to paragraph (1) of this rule..

(11) In rule 29 (tendered ballot papers: circumstances where available), after paragraph (6) insert—

(7) Paragraphs (1A) to (1M) of rule 26 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 26(1), but as if in rule 26(1G), the reference to making a further application under paragraph (1) of rule 26 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..

(12) After rule 30 (tendered ballot papers: general provisions) insert—

Refusal to deliver ballot paper

30A.(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 26(1E), and

(b)the voter or proxy makes a further application under rule 26(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 26(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 on a referendum petition.

(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 24(3) or 26(1E), and

(b)any reference to paragraph (1E) or (1G) of rule 26 includes a reference to that paragraph as applied by rule 27, 28 or 29..

(13) In rule 34 (procedure on close of poll), in paragraph (1) after sub-paragraph (d) insert—

(da)the ballot paper refusal list completed in accordance with rule 30A;.

(14) In rule 42 (sealing up of ballot papers), in paragraph (2) after sub-paragraph (b) insert—

(ba)the completed ballot paper refusal list;.

(15) In rule 43 (delivery of documents to relevant registration officer), in paragraph (1) after sub-paragraph (d) insert—

(da)the packet containing the completed ballot paper refusal list;.

(16) In rule 44 (orders for production of documents), after paragraph (1) insert—

(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 county court if satisfied by evidence on oath that the order is required for the purpose of a referendum petition..

(17) In Part 8 (appendix of forms)—

(a)in the list of forms, after the entry “Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)” insert “Ballot Paper Refusal List”;

(b)for the form of the Official Poll Card (to be sent to a voter voting in person) substitute the corresponding form in Part 1 of Schedule 9;

(c)for the form of the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding form in Part 1 of Schedule 9;

(d)after the form of the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) insert the ballot paper refusal list form as set out in Part 1 of Schedule 9;

(e)for the form of directions for the guidance of the voters and proxies in voting, substitute the corresponding form in Part 1 of Schedule 9.

Commencement Information

I1Reg. 52 in force at 16.1.2023, see reg. 1(3)

Back to top

Options/Help

Print Options

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources