SCHEDULES

C50C51C52C53C60C54C62C61 SCHEDULE 1

Annotations:
Modifications etc. (not altering text)
C50

Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23

C51

Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act

C52

Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5

Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

C53

Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

C54

Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)

C62

Sch. 1 modified (E.W.) (23.3.2004) by The Representation of People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 8, Sch. 2 (as amended (22.5.2014) by S.I. 2014/920, regs. 1(1), 2(7), 3-6; (7.5.2015) by S.I. 2015/654, regs. 1(1), 2)

C61

Sch. 1 modified (N.I.) (10.4.2001) by Elections Act 2001 (c. 7), s. 4, Sch. (as amended (16.12.2010) by S.I. 2010/2977, arts. 2(2), 6; and (15.9.2014) by S.I. 2014/1116, arts. 1(1), 9)

Part III Contested Elections

The Poll

Admission to polling station

C1C2C3C5532

F11

The presiding officer shall exclude all persons from the polling station except—

a

voters;

b

persons under the age of 18 who accompany voters to the polling station;

c

the candidates and their election agents;

d

the polling agents appointed to attend at the polling station;

e

the clerks appointed to attend at the polling station;

f

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

g

the constables on duty; and

h

the companions of voters with disabilities.

1A

The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

C42

Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

C53

A constable or person employed by a returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Act, except on production and surrender of a certificate as to his employment, which shall be in the prescribed form and signed by the prescribed officer of police or by the returning officer, as the case may be.

C54

Any certificate surrendered under this rule shall forthwith be cancelled.

F585

In the application of this rule to an election in England or Wales, a reference to a constable includes a person designated as a community support officer F63or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for employees F64or volunteers).

Keeping of order in station

C6C7C8C933

1

It is the presiding officer’s duty to keep order at his polling station.

2

If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he 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 returning officer to remove him,

and the person so removed shall 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 shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

C10C11C12C1334

Immediately before the commencement of the poll, the presiding officer shall 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 shall then lock it up and place his seal on it in such a manner as to prevent its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Questions to be put to voters

C14C15C16C17C56F235

1

At the time of the application (but not afterwards), the questions specified in the second column of the following table—

a

may be put by the presiding officer to a person who is mentioned in the first column, and

b

shall be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:

Person applying for ballot paper

Questions

1 A person applying as an elector.

(a) “Are you the person registered in the register of parliamentary electors for this election as follows (read out the whole entry from the register)” R

(b) “Have you already voted, here or elsewhere, at this election, otherwise than as proxy for some other person” R

(c) At an election held in Northern Ireland, “What is your date of birth”

2 A person applying as proxy.

(a) “Are you the person whose name appears as A.B. in the list of proxies for this election

(b) “Have you already voted here or elsewhere at this election, as proxy on behalf of C.D.” R

as entitled to vote as proxy on behalf of C.D.” R

(c) “Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of C.D.” R

3 A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2 above).

(a) “Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” R

(b) “Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” 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 from the register)” R

4 Person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative.

“Have you at this election already voted in this constituency on behalf of two persons of whom you are not the spouse, civil partner, parent, grand-parent, brother/sister, child or grandchild?” [R]

5 A person applying as an elector in relation to whom there is an entry in the postal voters list.

(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.

(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 an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register must be taken as references to reading from the notice issued under section 13B(3B) or (3D).

F32A

In the case of an elector in respect of whom a notice has been issued under section 13BA(9), the reference in the question at entry 1(a) to reading from the register must be taken as a reference to reading from the notice issued under section 13BA(9).

3

A ballot paper shall not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.

4

Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter

C18C19C20C21C22F436

A person shall not be prevented from voting by reason only that—

a

a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

b

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

Voting procedure

C25E2C26F2037

1

A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

a

the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors shall be called out;

b

the number of the elector shall be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him;

c

a mark shall be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received;

d

the voter shall sign the list mentioned in rule 29(3)(e) beside the number of the elector marked on the list in accordance with sub-paragraph (b) above; and

e

in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

2

In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card and only his number shall be called out in pursuance of paragraph (1)(a).

3

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

a

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

b

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

4

Paragraph (1)(d) above does not apply to a voter to whom rule 38 or 39 applies.

5

The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall 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.

6

The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

F597

A voter 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 accordingly.

C23P1E1C24C5737

1

F5Subject to paragraphs (1A) to (1G) below, a ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

a

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the number, F7and name of the elector as stated in the copy of the register of electors shall be called out;

c

the number of the elector shall be marked on F8the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him ;

d

a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

e

in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

F91ZA

In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9), paragraph (1) is modified as follows—

a

in sub-paragraph (b), for “copy of the register of electors” substitute copy of the notice issued under section 13BA(9);

b

in sub-paragraph (d), for “in the register of electors” substitute on the copy of the notice issued under section 13BA(9).

F101A

A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

1B

Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless the officer or clerk decides that

F11a

the document; or

b

the apparent age of the voter as compared with his age according to the date supplied as the date of his birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act,

raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.,

1C

F12Where in such a case it is a presiding officer who so decides, he shall refuse to deliver a ballot paper to the voter.

F131D

Where in such a case it is a clerk who so decides, he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.

1E

For the purposes of this rule a specified document is one which for the time being falls within the following list:—

F14a

a current licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;

b

a current passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;

c

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16h

a current electoral identity card issued under section 13C of this Act

F17i

a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002

F18In sub-paragraph (a) a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 (excluding a provisional licence), or under Article 12 of the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force.

P21F

Regulations may make provision varying the list in paragraph (1E) above (whether by adding or deleting documents or varying any description of document).

1G

References in this rule to producing a document are to producing it for inspection.

2

The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose F19the number and other unique identifying mark , and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

3

The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

F604

A voter 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 accordingly.

Votes marked by presiding officer

C27C28C29C3038

1

F21Subject to paragraph (1A) below, the presiding officer, on the application of a voter—

a

who is incapacitated by blindness or other F22disability from voting in manner directed by these rules, or

b

who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box.

F231A

Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but reading references to delivering a ballot paper to a voter as references to causing a voter’s vote to be marked on a ballot paper.

2

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

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

F243

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

F254

In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.

F34 Voting by persons with disabilities

Annotations:
Amendments (Textual)
F34

Sch. 1 rule 39 and preceding cross-heading substituted (16.2.2001) by 2000 c. 2, s. 13(1)(3); S.I. 2001/116, art. 2(1)

C58F2639

1

If a voter makes an application to the presiding officer to be allowed, on the ground of—

a

blindness or other F27disability, or

b

inability to read,

to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or F28other disability, or by his inability to read, as to be unable to vote without assistance.

2

F29Subject to paragraph (2A) below, if the presiding officer—

a

is satisfied that the voter is so incapacitated, 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 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 with disabilities to vote at the election,

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

F302A

Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but reading references to delivering a ballot paper to a voter as references to granting a voter’s application.

3

For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—

a

is a person who is entitled to vote as an elector at the election; or

b

is the father, mother, brother, sister, F31spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

4

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

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

F324A

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

F334B

In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.

5

The declaration made by the companion—

a

shall be in the form in the Appendix; and

b

shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

6

No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers

C31C32C33C3440

1

If a person, representing himself to be—

a

a particular elector 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 an elector and not F35 entitled to vote by post as proxy,

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

F361ZA

Paragraph (1ZC) applies if —

a

a person applies for a ballot paper representing himself to be a particular elector named on the register,

b

he is also named in the postal voters list, and

c

he claims that he did not make an application to vote by post at the election.

1ZB

Paragraph (1ZC) also applies if—

a

a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

b

he is also named in the proxy postal voters list, and

c

he claims that he did not make an application to vote by post as proxy.

1ZC

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

F371ZD

Paragraph (1ZE) 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 himself to be—

a

a particular elector named on the register and 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 he has lost or has not received his postal ballot paper.

1ZE

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

F381ZF

A person to whom a ballot paper is not delivered under paragraph (3) of rule 35 following his unsatisfactory answer to the question at entry 1(c) in the table in paragraph (1) of that rule shall, if he satisfactorily answers any other questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

F391A

Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) above as they apply in the case of a voter who applies for a ballot paper under rule 37(1).

1B

Paragraph (1C) below applies where

F40a

under paragraph (3) of rule 35 a ballot paper is not delivered to a person following his unsatisfactory answer to the question in paragraph (1A) of that rule; or

b

a presiding officer refuses to deliver a ballot paper to a person under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38 or 39 of this rule).

1C

The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

2

A tendered ballot paper shall—

a

be of a colour differing from the other ballot papers;

b

instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

3

The name of the voter and his number on the register of electors shall be entered on a list (in these rules referred to as the “tendered votes list”) F41and the voter must sign the list opposite the entry relating to him.

4

In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

F424A

This rule applies to an elector who has an anonymous entry subject to the following modifications—

a

in paragraphs (2)(b) and (3) the references to the name of the voter must be ignored;

b

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

F434B

This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) as if—

a

in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted in respect of whom a notice under section 13B(3B) or (3D) of this Act has been issued;

b

in paragraph (2)(b) for “his number in the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act;

c

in paragraph (3) for “his number on the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act.

F444C

This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) as if—

a

in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”;

b

in paragraph (2)(b) for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”;

c

in paragraph (3) for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”.

F455

A person who marks a tendered ballot paper under paragraph (1C) above shall sign the paper, unless it was marked after an application was refused under rule 38 or 39.

6

A paper which is required to be signed under paragraph (5) above and is not so signed shall be void.

F617

This rule does not apply in relation to an elector who has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland.

F62Tendered postal ballot papers: anonymous entries in Northern Ireland

Annotations:

40ZA

1

This rule applies to a person (“P”) who—

a

is an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland; or

b

is entitled to vote by post as proxy for such an elector,

and who claims to have lost, or not received, a postal ballot paper.

2

P may apply to the Chief Electoral Officer for a replacement postal ballot paper (in these rules referred to as a “tendered postal ballot paper”).

3

The application—

a

may be made by post or in person,

b

must be accompanied by a specified document within the meaning of rule 37 (as it extends to Northern Ireland), and

c

must be delivered to the Chief Electoral Officer—

i

where the application is made by post, before 4 p.m. on the fourth day before the day of the poll, and

ii

where the application is made in person, before 4 p.m. on the day before the day of the poll.

4

If the Chief Electoral Officer—

a

is satisfied as to P’s identity, and

b

has no reason to doubt that P has lost, or not received, a postal ballot paper,

the Chief Electoral Officer must issue a tendered postal ballot paper to P in the prescribed manner.

5

A tendered postal ballot paper must be of a different colour from the other ballot papers.

6

P, if issued with a tendered postal ballot paper, may mark it, sign it, and send it to the Chief Electoral Officer, in the same manner as a postal ballot paper.

7

A tendered postal ballot paper which has not been signed, or which does not meet the conditions in rule 45(2) and (2A), is void.

8

On receipt of a tendered postal ballot paper, the Chief Electoral Officer must deal with it in the prescribed manner.

9

The Chief Electoral Officer must—

a

endorse each tendered postal ballot paper with the entry in the register of the elector in question, and

b

set it aside in a separate packet of tendered postal ballot papers.

10

The Chief Electoral Officer must add the entry in the register of the elector in question to a list (in these rules referred to as the “tendered postal votes list”).

11

The Chief Electoral Officer must seal the packet of tendered postal ballot papers.

12

This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) (alteration of registers in Northern Ireland: pending elections) as if—

a

in paragraph (1) for “in a register maintained” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”; and

b

in paragraphs (9)(a) and (10), for “entry in the register of the elector in question” there were substituted “entry relating to the elector in question on a notice issued under section 13BA(9)”.

F47 Refusal to deliver ballot paper

Annotations:

C35C36F4640A

1

This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38, 39 or 40).

2

The refusal shall be subject to review on an election petition but, subject to that, shall be final and shall not be questioned in any proceeding whatsoever.

Spoilt ballot papers

C37C38C39C4041

A voter who has inadvertently dealt with his 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 his 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 shall be immediately cancelled.

F56 Correction of errors on day of poll

Annotations:
Amendments (Textual)
F56

Sch. 1 rule 41A inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(6), 77, Sch. 1 para. 38; S.I. 2006/3412, art. 3, Sch. 1 paras. 2, 12(b) (subject to transitional provisions in art. 6, Sch. 2)

41A

The presiding officer shall 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 this Act which takes effect on the day of the poll.

F57 Correction of errors on day of poll: Northern Ireland

Annotations:

C4141B

The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) which takes effect on the day of the poll.

Adjournment of poll in case of riot

C42C43C44C4542

1

Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the returning officer.

2

Where the poll is adjourned at any polling station—

a

the hours of polling on the day to which it is adjourned shall be the same as for the original day; and

b

references in this Act to the close of the poll shall be construed accordingly.

Procedure on close of poll

C46C47C48C49C5943

1

As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents 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 attached,

b

the unused and spoilt ballot papers placed together,

c

the tendered ballot papers,

d

the marked copies of the register of electors F48(including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and of the list of proxies,

F49da

the lists prepared under rule 19A, including the parts which were completed in accordance with rule 37(1)(b) and (d) (together referred to in these rules as “the completed corresponding number lists”);

e

F50. . . the certificates as to employment on duty on the day of the poll,

f

the tendered votes list, the list of F51voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads F52“disability” and “unable to read”, F53the list maintained under rule 41A, and the declarations made by the companions of F51voters with disabilities,

and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.

2

The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the F54completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

3

The packets shall 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 him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

F554

This rule applies in relation to Northern Ireland as if—

a

the reference in paragraph (1)(d) to the marked copies of the register of electors included any marked copy notices issued under section 13BA(9), and

b

paragraph (1)(f) referred to the list maintained under rule 41B.