The Voter Identification Regulations 2022

Amendment of Schedule 2 (absent voting in PCC elections) U.K.

59.—(1) Schedule 2 (absent voting in PCC elections) is amended as follows.

(2) In Part 2 (applications for absent vote)—

(a) in paragraph 11 (general requirements for applications for absent vote), in sub-paragraph (6), at the end insert “and (where applicable) paragraph 14A”;

(b) after paragraph 14 (additional requirements: applications for the appointment of a proxy in respect of a particular PCC election) insert—

“Additional requirements: applications for the appointment of a proxy on grounds relation to voter identification

14A.— (1) This paragraph applies where—

(a) an application under paragraph 5(4) for the appointment of a proxy for the purposes of voting by proxy at a particular PCC election is made by a person (“A”);

(b) A has previously appointed a person (“B”) as A’s proxy for those purposes;

(c) at the time of making the application, B’s appointment remains in force; and

(d) A’s application is made on grounds relating to voter identification which relate to B.

(2) A’s application must—

(a) state that this paragraph applies, and

(b) state, to the best of A’s knowledge and belief, which of the conditions set out in paragraph 16A apply in respect of B.

(3) In sub-paragraph (1)—

(a) in paragraph (a), the reference to an application under paragraph 5(4) includes such an application which is included in an application under paragraph 3(2);

(b) in paragraph (d), “grounds relating to voter identification” has the meaning given in paragraph 16A.”.

(c) after paragraph 15A (additional requirements referred to in paragraph 14(5A)) insert—

“Additional requirements for an application under paragraph 3(2) for a proxy vote: grounds related to voter identification

15B.— (1) Subject to sub-paragraph (2), this paragraph applies to an application under paragraph 3(2) to which paragraph 16(2C) applies.

(2) This paragraph does not apply where—

(a) the application under paragraph 3(2) includes an application under paragraph 5(4), and

(b) paragraph 14A(2) applies to that application under paragraph 5(4).

(3) Where this paragraph applies, the application under paragraph 3(2) must (in addition to any other information required by this Part)—

(a) state that it is made on grounds relating to voter identification, and

(b) states which of the conditions set out in paragraph 16A apply to the applicant.

(4) In this paragraph, “grounds relating to voter identification” has the meaning given in paragraph 16A.”;

(d) in paragraph 16 (closing date for applications)—

(i) in sub-paragraph (1), after “sub-paragraph (2)” insert “and (2C)”;

(ii) before sub-paragraph (3) insert—

“(2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.”;

(e) after paragraph 16 insert—

“Grounds relating to voter identification

16A.— (1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B—

(a) condition 1, 2, 3 or 4, and

(b) except where B has an anonymous entry on the register of electors, condition 5.

(2) In this paragraph, “B” means—

(a) the applicant, where—

(i) the application is made under paragraph 3(2), and

(ii) paragraph 14A(2) does not apply to the application made under paragraph 5(4) which is included in that application under paragraph 3(2);

(b) otherwise, the person already appointed as the applicant’s proxy at the time the application is made.

(3) Condition 1 is that—

(a) immediately before the deadline, B has a specified document which B intends to use to vote in person at a PCC election, and

(b) after that deadline, that document is—

(i) lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that election, or

(ii) sent by B to another person to prove B’s identity and B considers that it is unlikely to be returned to B on or before the day of poll at that election.

(4) Condition 2 is that—

(a) at a time during the period of 3 months ending with the deadline, B has applied for a specified document,

(b) immediately before the deadline, B has not received that document, and

(c) the application for the specified document has not been refused or withdrawn.

(5) Condition 3 is that—

(a) B has an anonymous entry on the register of electors, and

(b) either—

(i) B has not been issued with an anonymous elector’s document, or

(ii) B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration).

(6) Condition 4 is that—

(a) B has a temporary electoral identity document which is valid for use on the day of poll at a PCC election, and

(b) before B is able to vote in person at such an election using that document, proceedings at B’s polling station are adjourned in accordance with rule 46 of Part 3 of Schedule 3 (adjournment of poll in case of riot).

(7) Condition 5 is that B does not have access to another specified document.

(8) In this paragraph—

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

(b) the “deadline” means 5 pm on the sixth day before the date of the poll at the PCC election for which an application is made, and paragraph 16(5) applies for the purposes of computing the sixth day as it applies for the purposes of computing a period of days for the purposes of paragraph 16;

(c) “specified document” has the meaning given in rule 39(2I) of Part 3 of Schedule 3.”.

(3) In Part 3 (issue and receipt of ballot papers)—

(a) in paragraph 29 (combination of polls), in paragraph (3), for “an Assembly” substitute “a Senedd”;

(b) in paragraph 59 (forwarding of documents), in paragraph (2A), for “an Assembly” substitute “a Senedd”.

(4) In Part 4 (forms), for Form 1 (proxy paper) substituted the corresponding form in Part 1 of Schedule 10.

Commencement Information

I1 Reg. 59 in force at 16.1.2023, see reg. 1(3)