The Representation of the People (England and Wales) Regulations 2001

Status:

Point in time view as at 12/12/2023.

Changes to legislation:

The Representation of the People (England and Wales) Regulations 2001, Cross Heading: Receipt of Postal Ballot Papers is up to date with all changes known to be in force on or before 14 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Receipt of Postal Ballot PapersE+W

Alternative means of returning postal ballot paper or [F1postal voting statement] E+W

79.—(1) For the purposes of rule 45(1B) of the rules in Schedule 1 to the 1983 Act(1) the manner in which a postal ballot paper or [F1postal voting statement] may be returned to a polling station is by hand.

(2) For these purposes, the manner in which such a paper or [F2statement] may be returned to the returning officer is by post or by hand.

[F3(2A) For elections other than local government elections in Wales, subject to paragraphs (2B) and (4) the presiding officer of the polling station must deliver, or cause to be delivered—

(a)any postal ballot paper or postal voting statement, and

(b)any return of postal voting documents form,

returned to that station to the returning officer in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

(2B) A postal ballot paper or postal voting statement may only be delivered to the returning officer in accordance with paragraph (2A) if the requirements of regulation 79A are met and the paper and statement are not rejected in accordance with regulation 79B or 79D.]

(3) [F4For local government elections in Wales,] [F5subject to paragraph (4)] the presiding officer of the polling station shall deliver, or cause to be delivered, any postal ballot paper or [F1postal voting statement] returned to that station to the returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

[F6(4) The returning officer may collect, or cause to be collected, any postal ballot paper or [F1postal voting statement] [F7or return of postal voting documents form] which by virtue of paragraph [F8(2A) or] (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.

[F9(4A) For elections other than local government elections in Wales, where the returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement or return of postal voting documents form in accordance with paragraph (4) the presiding officer must first make up into separate packets sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet—

(a)the postal ballot papers and postal voting statements; and

(b)the return of postal voting documents forms for those postal ballot papers and postal voting statements.]

(5) [F10For local government elections in Wales,] where the returning officer collects, or causes to be collected, any postal ballot paper or [F1postal voting statement] in accordance with paragraph (4) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals.]

Textual Amendments

F1Words in Regulation substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(a) (with reg. 1(2)(3)(e))

F2Word in reg. 79(2) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(i) (with reg. 1(2)(3)(e))

F3Reg. 79(2A)(2B) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(a)

F4Words in reg. 79(3) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(b)

F5Words in reg. 79(3) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 11(2)

F6Reg. 79(4)(5) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 11(3)

F7Words in reg. 79(4) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(c)(i)

F8Words in reg. 79(4) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(c)(ii)

F9Reg. 79(4A) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(d)

F10Words in reg. 79(5) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(5)(e)

Modifications etc. (not altering text)

C1Reg. 79 applied in part (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 9(3)(b)(iii))

C2Reg. 79 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 34

C3Reg. 79 applied in part (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6 (as amended (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 6(3)(b)(iii))

C4Reg. 79 applied in part (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27) (as amended (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 7(3)(b)(iii))

Commencement Information

I1Reg. 79 in force at 16.2.2001, see reg. 1(1)

[F11Requirements of return of postal voting documents formE+W

79A.—(1) The requirements of this regulation are—

(a)the person handing in a postal voting document (“P”) completes a form containing the following information (a “return of postal voting documents form”)—

(i)P’s name and address,

(ii)whether P is handing in P’s own postal voting documents,

(iii)the number of other electors for whom P is handing in postal voting documents,

(iv)the total number of envelopes containing postal ballot papers P is handing in, including P’s own,

(v)the reason P is handing in postal voting documents for other electors,

(vi)a declaration by P that P has not handed in postal voting documents at any polling station or to the returning officer for a total of more than the number of electors other than P set out in regulation 79B(1)(c) or 82B(1)(c), including those being handed in at that time, and either—

(aa)that to the best of P’s knowledge, P is not a political campaigner for whom it is an offence to handle the postal voting documents concerned in accordance with section 112A of the 1983 Act, or

(bb)that P is a political campaigner and is only handing in postal voting documents for P and for P’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or someone for whom P provides regular care or for whom regular care is provided by an organisation which employs or engages P, and

(b)the relevant officer has endorsed the return of postal voting documents form returned by P to confirm the relevant officer’s name and that—

(i)the relevant officer is satisfied that the form has been completed properly and provides the information required by paragraph (a),

(ii)the relevant officer does not suspect that the number of electors other than P for whom P is handing in postal voting documents exceeds the number of electors set out in regulation 79B(1)(c) or 82B(1)(c),

(iii)the relevant officer does not suspect that P is a political campaigner who is committing an offence under section 112A of the 1983 Act, and

(iv)the postal voting documents to which the form relates are not rejected.

(2) For the purposes of paragraph (1)(a)(vi)(bb), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

Textual Amendments

F11Regs. 79A-79D inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(6)

Modifications etc. (not altering text)

C5Regs. 79A-79D applied (with modifications) (E.) (12.12.2023 with effect in accordance with S.I. 2023/1225, reg. 1(2)) by S.I. 2012/323, Sch. 4 Table 6 (as amended by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 6(3)(b)(iii))

C6Regs. 79A-79D applied (with modifications) (E.) (12.12.2023 with effect in accordance with S.I. 2023/1225, reg. 1(2)) by S.I. 2012/444, Sch. 4 Table 6 (as amended by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 7(3)(b)(iii))

C7Regs. 79A-79D applied (with modifications) (E.) (12.12.2023 with effect in accordance with S.I. 2023/1225, reg. 1(2)) by S.I. 2012/2031, Sch. 4 Table 6 (as amended by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 9(3)(b)(iii))

Rejection of postal voting documents handed in at a polling stationE+W

79B.—(1) A relevant officer must reject—

(a)all postal voting documents handed in by P where P fails to fully complete the return of postal voting documents form with the required information;

(b)all postal voting documents handed in by P other than P’s own postal voting documents where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;

(c)a postal voting document handed in by P or all postal voting documents handed in together by P (other than P’s own postal voting documents) where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same election, or in respect of an election in England for which the day of poll is the same as the election to which the documents relate (whether to a polling station or to the returning officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other electors.

(2) Where P hands in one or more proxy postal ballot papers completed by P as proxy for another elector, for “five” in paragraphs (1)(b) and (c), substitute the number that is five minus the number of proxy postal ballot papers P hands in.

(3) A relevant officer may reject a postal voting document handed in by P where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.

Textual Amendments

Modifications etc. (not altering text)

Procedure for dealing with rejected postal voting documents handed in at a polling stationE+W

79C.—(1) Where any postal voting document has been rejected in accordance with regulation 79B the relevant officer must indicate this, together with the reason or reasons for the rejection and the relevant officer’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

(2) The presiding officer must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms, sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet.

(3) Where a return of postal voting documents form relates to postal voting documents which have not all been rejected, that form must be dealt with as if it related just to the rejected postal voting documents, and the postal voting documents which have been rejected must be noted on it.

(4) The presiding officer must deliver, or cause to be delivered, those packets in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 43(1) of the elections rules.

Textual Amendments

Modifications etc. (not altering text)

Postal voting documents left behind at a polling stationE+W

79D.—(1) Where a person leaves a left behind postal voting document at a polling station, the relevant officer must reject that left behind postal voting document.

(2) The relevant officer must—

(a)write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

(b)write the relevant officer’s name on that form, and

(c)attach that form to the left behind postal voting document.

(3) Left behind postal voting documents and the attached return of postal voting documents forms must be included in the packet of rejected postal voting documents and forms made up in accordance with regulation 79C(2).]

Textual Amendments

Modifications etc. (not altering text)

Notice of opening of postal ballot paper envelopesE+W

80.—(1) The returning officer shall give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.

(2) Such a notice shall specify—

(a)the time and place at which such an opening is to take place, and

(b)the number of agents a candidate may appoint under regulation 69(1) above to attend each opening.

Modifications etc. (not altering text)

C8Reg. 80 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C9Reg. 80 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C10Reg. 80 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

C11Reg. 80 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 36

Commencement Information

I2Reg. 80 in force at 16.2.2001, see reg. 1(1)

Postal ballot boxes and receptaclesE+W

81.—(1) The returning officer shall provide a separate ballot box for the reception of—

(a)the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and

(b)postal ballot papers (“postal ballot box”).

(2) Each such ballot box shall be marked “postal voters' ballot box” or “postal ballot box”, as the case may be, and with the name of the constituency or electoral area (or areas) for which the election (or elections) is held.

(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.

(4) The returning officer shall then lock the ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The returning officer shall provide the following receptacles—

(a)the receptacle for rejected votes;

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the receptacle for ballot paper envelopes; F13...

(d)the receptacle for rejected ballot paper envelopes;

[F14(e)the receptacle for rejected votes (verification procedure); and

(f)the receptacle for postal voting statements (verification procedure).]

(6) The returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this regulation.

Textual Amendments

F12Reg. 81(5)(b) revoked (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), reg. 1(3)(a), Sch. 2; S.I. 2014/414, art. 3(a)

F13Word in reg. 81(5) omitted (1.1.2007) by virtue of The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 36

F14Reg. 81(5)(e)(f) inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 36 (with reg. 1(2)(3)(c))

Modifications etc. (not altering text)

C12Reg. 81 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C13Reg. 81 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C14Reg. 81 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

C15Reg. 81 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 37

Commencement Information

I3Reg. 81 in force at 16.2.2001, see reg. 1(1)

Receipt of covering envelopeE+W

82.—(1) [F15For local government elections in Wales, the] returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.

[F16(1A) For elections other than local government elections in Wales, the relevant officer must, immediately on receipt by post of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters’ ballot box.]

(2) Where an envelope, other than a covering envelope issued by the returning officer—

(a)has been opened, and

(b)contains a ballot paper envelope, [F1postal voting statement] or ballot paper,

the first-mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.

Textual Amendments

F15Words in reg. 82(1) substituted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(7)(a)

F16Reg. 82(1A) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(7)(b)

Modifications etc. (not altering text)

C16Reg. 82 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C17Reg. 82 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C18Reg. 82 applied (with modifications) (E.) (6.4.2014) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)))

C19Reg. 82 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 38

Commencement Information

I4Reg. 82 in force at 16.2.2001, see reg. 1(1)

[F17Postal voting documents handed in to the returning officerE+W

82A.—(1) This regulation applies to any postal voting document returned by hand in accordance with—

(a)in respect of a parliamentary election, regulation 79(2);

(b)in respect of a local government election in England—

(i)rule 45(4)(a) of Schedule 2 or rule 45(7)(a) of Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006,

(ii)rule 45(4)(a) of Schedule 2 or rule 45(6)(a) of Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006, or

(iii)rule 49(3)(a) of Schedule 1, rule 50(3)(a) of Schedule 2, rule 49(3)(a) of Schedule 3, rule 49(6)(a) of Schedule 5, rule 50(6)(a) of Schedule 6 or rule 49(6)(a) of Schedule 7 to the Greater London Authority Elections Rules 2007.

(2) Subject to paragraphs (3) and (4), a person acting under the authority of the returning officer (“the authorised person”) must deliver to the returning officer—

(a)any postal voting document to which this regulation applies and which is handed in before the close of poll, and

(b)the return of postal voting documents form completed in respect of it.

(3) A postal voting document may only be delivered to the returning officer in accordance with paragraph (2) if the requirements of regulation 79A are met and the document is not rejected in accordance with regulation 82B or 82D.

(4) Before delivering them to the returning officer in accordance with paragraph (2), the authorised person must first make up into separate packets with a description of its contents written on each packet which is then sealed up—

(a)the postal voting documents;

(b)the return of postal voting documents forms for those postal voting documents.

Textual Amendments

F17Regs. 82A-82E inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(8)

Modifications etc. (not altering text)

C20Reg. 82A applied (with modifications) (12.12.2023 with effect in accordance with S.I. 2023/1225, reg. 1(2)) by S.I. 2007/1024, Sch. 2 Table 4 (as amended by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 5(3)(b))

C21Regs. 82A-82E applied (with modifications) (E.) (12.12.2023 with effect in accordance with S.I. 2023/1225, reg. 1(2)) by S.I. 2012/323, Sch. 4 Table 6 (as amended by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 6(3)(b)(iv))

C22Regs. 82A-82E applied (with modifications) (E.) (12.12.2023 with effect in accordance with S.I. 2023/1225, reg. 1(2)) by S.I. 2012/444, Sch. 4 Table 6 (as amended by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 7(3)(b)(iv))

C23Regs. 82A-82E applied (with modifications) (E.) (12.12.2023 with effect in accordance with S.I. 2023/1225, reg. 1(2)) by S.I. 2012/2031, Sch. 4 Table 6 (as amended by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 9(3)(b)(iv))

Rejection of postal voting documents handed in to the returning officerE+W

82B.—(1) The authorised person must reject—

(a)all postal voting documents handed in by P in accordance with regulation 82A(1) where P fails to fully complete the return of postal voting documents form with the required information;

(b)all postal voting documents handed in by P in accordance with regulation 82A(1) other than P’s own postal voting documents where the authorised person has reasonable cause to suspect that the documents are handed in on behalf of more than five other electors;

(c)a postal voting document handed in by P or all postal voting documents handed in together by P in accordance with regulation 82A(1) (other than P’s own postal voting documents) where the authorised person has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by P on any previous occasion in respect of the same election, or in respect of an election in England for which the day of poll is the same as the election to which the documents relate (whether to a polling station or to the returning officer and disregarding any that were rejected), P has handed in postal voting documents on behalf of more than five other electors.

(3) The authorised person may reject a postal voting document handed in by P in accordance with regulation 82A(1) where the authorised person knows or has reasonable cause to suspect that, in handing in the document, P is committing an offence under section 112A of the 1983 Act.

Textual Amendments

Modifications etc. (not altering text)

Procedure for dealing with rejected postal voting documents handed in to the returning officerE+W

82C.—(1) Where any postal voting document has been rejected in accordance with regulation 82B the authorised person must indicate this, together with the reason or reasons for the rejection and the authorised person’s name, on the return of postal voting documents form and attach the form to the postal voting documents concerned.

(2) The authorised person must make up a packet (or packets) of the rejected postal voting documents and the accompanying return of postal voting documents forms which must be sealed up with a description of its contents written on each packet.

(4) The authorised person must deliver those packets to the returning officer before the close of the poll.

Textual Amendments

Modifications etc. (not altering text)

Postal voting documents left behind with the returning officerE+W

82D.—(1) This regulation applies to a postal voting document to which regulation 82A(1) applies which is a left behind postal voting document.

(2) The authorised person must—

(a)reject the left behind postal voting document,

(b)write on a return of postal voting documents form to confirm that the postal voting document is a left behind postal voting document,

(c)write the authorised person’s name on that form, and

(d)attach that form to the left behind postal voting document.

Textual Amendments

Modifications etc. (not altering text)

Opening of delivered or collected packets of postal voting documentsE+W

82E.—(1) Paragraph (2) applies to the packets of postal voting documents delivered to or collected by the returning officer in accordance with regulation 79(2A) or (4A) or 82A(1).

(2) Regulations 69(2), 80, 81(6), 83(1) and 84 apply to a packet to which this paragraph applies as if that packet were a postal voters’ ballot box.]

Textual Amendments

Modifications etc. (not altering text)

Opening of postal voters' ballot boxE+W

83.—(1) Each postal voters' ballot box shall be opened by the returning officer in the presence of the agents.

(2) So long as the returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

(3) The last postal voters' ballot box and the postal ballot box shall be opened at the counting of the votes under rule 45 of the elections rules.

Modifications etc. (not altering text)

C24Reg. 83 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C25Reg. 83 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C26Reg. 83 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

C27Reg. 83 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 39

Commencement Information

I5Reg. 83 in force at 16.2.2001, see reg. 1(1)

Opening of covering envelopesE+W

84.—[F18(1) When a postal voters’ ballot box is opened, the returning officer shall count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in regulation 82(2)(above).

F19(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) He shall open separately each covering envelope (including an envelope described in regulation 82(2) above).]

[F20(2) The procedure in regulation 85A applies where a covering envelope (including an envelope to which regulation 82(2) above applies) contains a postal voting statement.]

(3) Where the covering envelope does not contain the [F1postal voting statement] separately, the returning officer shall open the ballot paper envelope to ascertain whether the [F1postal voting statement] is inside.

[F21(4) Where a covering envelope does not contain a postal voting statement (whether separately or not), the returning officer shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.]

F22[F23(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In carrying out the procedures in this regulation and regulations 85 to 88, the returning officer—

(a)shall keep the ballot papers face downwards and shall take proper precautions for preventing any person from seeing the votes made on the ballot papers; and

(b)shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(7) Where an envelope opened in accordance with paragraph (1B) contains a postal voting statement, the returning officer shall place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(8) A mark made under paragraph (7) shall be distinguishable from and shall not obscure the mark made under regulation 72(3).

(9) As soon as practicable after the last covering envelope has been opened, the returning officer shall make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with paragraph (7) and shall seal such a packet.]

Textual Amendments

F18Reg. 84(1)(1A)(1B) substituted for reg. 84(1) (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 37(2) (with reg. 1(2)(3)(c))

F19Reg. 84(1A) omitted (6.4.2014) by virtue of The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 31(1); S.I. 2014/414, art. 3(a)

F20Reg. 84(2) substituted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 31(2); S.I. 2014/414, art. 3(a)

F21Reg. 84(4) substituted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 31(3); S.I. 2014/414, art. 3(a)

F22Reg. 84(5) omitted (6.4.2014) by virtue of The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 31(1); S.I. 2014/414, art. 3(a)

F23Reg. 84(5)-(9) inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 51 (with reg. 1(2)(3)(d))

Modifications etc. (not altering text)

C28Reg. 84 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C29Reg. 84 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C30Reg. 84 applied (with modifications) (E.) (6.4.2014) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)))

C31Reg. 84 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 40

Commencement Information

I6Reg. 84 in force at 16.2.2001, see reg. 1(1)

[F24Confirming receipt of postal voting statementsE+W

84A.—(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballots under regulation 71 and the close of the poll, that the returning officer confirm—

(a)whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned, and

(b)whether the number of the ballot paper issued to the elector or his proxy has been recorded on either of the lists of provisionally rejected votes kept by the returning officer under paragraphs (2) and (3) of regulation 87.

(2) A request under paragraph (1) shall—

(a)be made by any method specified, and

(b)include any evidence of the voter’s identity requested,

by the returning officer.

(3) Where a request is received in accordance with paragraph (2) the returning officer shall satisfy himself that the request has been made by the elector or their proxy and where he is so satisfied provide confirmation of the matters under paragraph (1).]

Textual Amendments

F24Reg. 84A inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 52 (with reg. 1(2)(3)(d))

Modifications etc. (not altering text)

C32Pt. 5 excluded (E.) (22.9.2020) by The Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020 (S.I. 2020/926), regs. 1(2), 4(2)(b)

C33Pt. 5 excluded (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 5(1)(2)

C34Reg. 84A applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C35Reg. 84A applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C36Reg. 84A applied (with modifications) (E.) (6.4.2014) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)))

C37Reg. 84A applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 41

C38Reg. 84A excluded (E.) (22.9.2020) by The Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020 (S.I. 2020/926), regs. 1(2), 3(5)

C39Reg. 84A excluded (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 4(4)

Procedure in relation to declarations of identityE+W

F2585. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Reg. 85 revoked (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), reg. 1(3)(a), Sch. 2; S.I. 2014/414, art. 3(a)

[F26Procedure in relation to postal voting statements: personal identifier verificationE+W

85A.—[F27(1) This regulation applies in the circumstances described in regulation 84(2).]

(2) The returning officer must satisfy himself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.

(3) Where the returning officer is not so satisfied, he shall mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope [F28but there is a ballot paper], the ballot paper, and, subject to paragraph (4), place it in the receptacle for rejected votes (verification procedure).

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and if any of them object to his decision, he must add the words “rejection objected to”.

(5) The returning officer shall then examine the number on the postal voting statement against the number on the ballot paper envelope and, where they are the same, he shall place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.

(6) Where—

(a)the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b)that envelope has no number on it (or only one number when the postal voting statement has more than one),

the returning officer shall open the envelope.

(7) Paragraph (8) applies where—

(a)there is a valid postal voting statement but no ballot paper envelope; or

(b)the ballot paper envelope has been opened under regulation 84(3) or paragraph (6) above.

(8) In the circumstances described in paragraph (7) above, the returning officer shall place—

(a)in the postal ballot box, any ballot paper the number on which is the same as the number on the valid postal voting statement;

(b)in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”‘

(c)in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—

(i)there is no ballot paper, or

(ii)in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the statement to indicate which ballot paper is missing;

(d)in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under sub-paragraph (b) or (c) above.]

Textual Amendments

F26Regs. 85A, 85B inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 39 (with reg. 1(2)(3)(c))

F27Reg. 85A(1) substituted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 32(1); S.I. 2014/414, art. 3(a)

F28Words in reg. 85A(3) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 32(2); S.I. 2014/414, art. 3(a)

Modifications etc. (not altering text)

C40Reg. 85A applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C41Reg. 85A applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C42Reg. 85A applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

C43Reg. 85A applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 42

Postal Voting Statements: additional personal identifier verificationE+W

F2985B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Reg. 85B revoked (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), reg. 1(3)(a), Sch. 2; S.I. 2014/414, art. 3(a)

Opening of ballot paper envelopesE+W

86.—(1) The returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) He shall place—

(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;

(b)in the receptacle for rejected votes, any other ballot paper which shall be marked “provisionally rejected” and to which shall be attached the ballot paper envelope; and

(c)in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper).

Modifications etc. (not altering text)

C44Reg. 86 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C45Reg. 86 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C46Reg. 86 applied (with modifications) (E.) (6.4.2014) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)))

C47Reg. 86 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 43

Commencement Information

I7Reg. 86 in force at 16.2.2001, see reg. 1(1)

[F30Retrieval of cancelled postal ballot papersE+W

86A.—(1) Where it appears to the returning officer that a cancelled postal ballot paper has been placed—

(a)in a postal voters’ ballot box;

(b)in the receptacle for ballot paper envelopes; or

(c)a postal ballot box,

he shall proceed as follows.

(2) He shall, on at least one occasion on which a postal voters ballot box is opened in accordance with regulation 83, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a)retrieve the cancelled ballot paper;

(b)show the ballot paper number on the cancelled ballot paper to the agents;

(c)retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements [F31(verification procedure)];

(d)attach any cancelled postal ballot paper to the postal voting statement to which it relates;

(e)place the cancelled documents in a separate packet and deal with that packet in the manner provided for by regulation 77(6) [F32or 78A(2)]; and

(f)unless the postal ballot box has been opened for the purposes of the counting of votes under rule 45 of the elections rules, re-lock (if it has a lock) and re-seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled ballot paper in accordance with paragraph (2), the returning officer and his staff—

(a)shall keep the ballot papers face downwards and shall take proper precautions for preventing any person seeing the votes made on the ballot papers, and

(b)shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.]

Textual Amendments

F30Reg. 86A inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 45 (with reg. 1(2)(3)(d))

F31Words in reg. 86A(2)(c) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 33(a); S.I. 2014/414, art. 3(a)

F32Words in reg. 86A(2)(e) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 33(b); S.I. 2014/414, art. 3(a)

Modifications etc. (not altering text)

C48Reg. 86A applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C49Reg. 86A applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C50Reg. 86A applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

C51Reg. 86A applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 44

Lists of rejected postal ballot papers [F33or postal voting documents] E+W

87.—[F34(1) In respect of any election other than a local government election in Wales, the returning officer must keep the four separate lists relating to rejected postal ballot papers or postal voting documents specified in this regulation.

(1A) In respect of any local government election in Wales, the returning officer must keep the first, second and third lists specified in this regulation.]

(2) In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid [F1postal voting statement] was received with it.

(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid [F1postal voting statement] where that ballot paper is not received with the [F1postal voting statement].

[F35(4) In the third list, he shall record for every postal voting statement within the receptacle for rejected votes (verification procedure) immediately prior to sealing—

(a)the elector’s name and address (and the name and address of the proxy if the elector has a proxy),

(b)the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),

(c)the specified reason or reasons for the rejection of the postal voting statement, and

(d)any other information relating to the rejection that the returning officer considers appropriate, but not the ballot paper number.

(5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are as follows—

(a)the signature does not match the example held on the personal identifiers record,

(b)the date of birth does not match the one held on the personal identifiers record,

(c)the signature field is blank, or

(d)the date of birth field is blank.]

[F36(6) In the fourth list, the returning officer must, subject to paragraph (9), record in relation to any elector whose postal voting documents were rejected in accordance with regulation 79B or 82B or were left behind postal voting documents—

(a)the elector’s name and address (and the name and address of the proxy if the elector has a proxy),

(b)the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),

(c)the specified reason or reasons for the rejection of the postal voting documents,

(d)an indication as to whether the postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the postal voting statement, and

(e)any other information relating to the rejection that the returning officer considers appropriate, but not the postal ballot paper number.

(7) The specified reasons that may be given under sub-paragraph (6)(c) for the rejection of the postal voting documents are—

(a)the postal voting documents were handed in at a polling station or to the returning officer but the return of postal voting documents form was not fully completed with the required information;

(b)the postal voting documents were handed in at a polling station or to the returning officer but the number of postal voting documents handed in exceeded or was suspected to exceed the permitted number;

(c)the postal voting documents were handed in by a political campaigner who was not permitted to hand in those postal voting documents;

(d)the postal voting documents were left behind postal voting documents.

(8) In compiling the fourth list the returning officer must open separately each covering envelope (including an envelope described in regulation 82(2)) and each ballot paper envelope.

(9) The obligation in paragraph (6) does not apply where an elector’s rejected postal voting documents do not include a postal voting statement.]

Textual Amendments

F33Words in reg. 87 heading inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(9)(a)

F34Reg. 87(1)(1A) substituted for reg. 87(1) (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(9)(b)

F35Reg. 87(4)(5) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 34(2); S.I. 2014/414, art. 3(a)

F36Reg. 87(6)-(9) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(9)(c)

Modifications etc. (not altering text)

C52Reg. 87 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6 (as amended (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 6(3)(b)(v))

C53Reg. 87 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27) (as amended (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 7(3)(b)(v))

C54Reg. 87 applied (with modifications) (E.) (6.4.2014) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by (S.I. 2014/333, regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)) and (12.12.2023 with effect in accordance with reg. 1(2)) by S.I. 2023/1225, regs. 1(2), 9(3)(b)(v))

C55Reg. 87 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 45

Commencement Information

I8Reg. 87 in force at 16.2.2001, see reg. 1(1)

Checking of lists kept under regulation 87E+W

88.—(1) Where the returning officer receives a valid [F1postal voting statement] without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(2) above to see whether the number (or numbers) of a postal ballot paper to which the [F37statement] relates is entered in that list.

(2) Where the returning officer receives a postal ballot paper without the [F1 postal voting statement] to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(3) above to see whether the number of that ballot paper is entered in that list.

(3) The returning officer shall conduct the checks required by paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 43(1) of the elections rules.

(4) Where the ballot paper number in the list matches that number on a valid [F1 postal voting statement] or, as the case may be, the postal ballot paper, the returning officer shall retrieve that [F38statement] or paper.

(5) The returning officer shall then take the appropriate steps under this Part of these Regulations as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.

Textual Amendments

F37Word in reg. 88(1) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(iii) (with reg. 1(2)(3)(e))

F38Word in reg. 88(4) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(iii) (with reg. 1(2)(3)(e))

Modifications etc. (not altering text)

C56Reg. 88 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C57Reg. 88 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C58Reg. 88 applied (with modifications) (E.) (6.4.2014) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)))

C59Reg. 88 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 46

Commencement Information

I9Reg. 88 in force at 16.2.2001, see reg. 1(1)

Sealing of receptaclesE+W

89.—(1) As soon as practicable after the completion of the procedure under regulation 88(3) and (4) above, the returning officer shall make up into separate packets the contents of-

(a)the receptacle of rejected votes,

F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the receptacle of rejected ballot paper envelopes, F40...

(d)the lists of [F41spoilt, lost or cancelled] postal ballot papers,

[F42(e)the receptacle of rejected votes (verification procedure), and

(f)the receptacle of postal voting statements (verification procedure),]

[F43(g)the packets of rejected postal voting documents and accompanying return of postal voting documents forms made up in accordance with regulations 79C(2) and 82C(2),]

and shall seal up such packets.

(2) Any document in those packets marked “provisionally rejected” shall be deemed to be marked “rejected”.

Textual Amendments

F39Reg. 89(1)(b) omitted (6.4.2014) by virtue of The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 35(1); S.I. 2014/414, art. 3(a)

F40Word in reg. 89(1) omitted (1.1.2007) by virtue of The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 40 (with reg. 1(2)(3)(c))

F41Words in reg. 89(1)(d) substituted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 35(2); S.I. 2014/414, art. 3(a)

F42Reg. 89(1)(e)(f) inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 40 (with reg. 1(2)(3)(c))

F43Reg. 89(1)(g) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(10)

Modifications etc. (not altering text)

C60Reg. 89 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C61Reg. 89 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

C62Reg. 89 applied (with modifications) (E.) (6.4.2014) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 10(a), Sch. 2 (with reg. 1(7)))

C63Reg. 89 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 47

Commencement Information

I10Reg. 89 in force at 16.2.2001, see reg. 1(1)

Abandoned pollE+W

90.—(1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

(a)shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of these Regulations; and

(b)shall, notwithstanding regulations 84 to 86 above, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

(2) Paragraph (1) above shall not apply where postal ballot papers for more than one election have been issued together under regulation 65 above.

Commencement Information

I11Reg. 90 in force at 16.2.2001, see reg. 1(1)

Forwarding of documentsE+W

91.—(1) [F44The returning officer shall forward to the relevant registration officer determined in accordance with rule 55(1A) of the elections rules at the same time as he forwards the documents mentioned in rule 55 of the elections rules—]

(a)any packets referred to in regulations 75, 77(6) [F45, 78(2C)] [F46, [F4778A(2),] [F4879(4A)(b), 82A(4)(b),] 84(9)] and 89 above, subject to regulation 90 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral area (or areas) for which the election (or elections) was held, and

(b)F49... a completed statement in Form K [F50in respect of a local government election in Wales, or Form K1 in respect of any other election,] of the number of postal ballot papers issued.

F51(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where—

(a)any covering envelopes are received by the returning officer after the close of the poll (apart from those delivered in accordance with the provisions of regulation [F5279(2A) and (3)] above);

(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the returning officer shall put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in paragraph (1) above.

[F53(3A) A returning officer, shall at the same time as forwarding the documents mentioned in paragraph (1)—

(a)forward the [F54lists] required to be compiled under regulation 87(4) [F55and (6)] to the relevant registration officer determined in accordance with rule 55(1A) of the election rules, and

(b)where the constituency comprises any part of the area of more than one local authority, the returning officer shall also forward a copy of such extracts of the [F56lists] required to be compiled under regulation 87(4) [F57and (6)] as are relevant to each of the other registration officers concerned.]

[F58(3B) Sub-paragraph (b) of paragraph (3A) applies to an Authority election as if the reference to the constituency was a reference to the electoral area.]

(4) Rules 56 and 57 of the elections rules shall apply to any packet or document forwarded under this regulation [F59except that in applying those rules to the [F60lists] compiled under regulation 87(4) [F61and (6)], the [F60lists] and any extracts from it are to be treated in the same manner as a counted ballot paper.]

(5) A copy of the statement referred to in paragraph (1)(b) above shall be provided by the returning officer to the Secretary of State [F62and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day].

Textual Amendments

F44Words in reg. 91(1) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 53(2) (with reg. 1(2)(3)(d))

F45Word in reg. 91(1)(a) inserted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 12(2)(a)

F46Word in reg. 91(1)(a) inserted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 53(3) (with reg. 1(2)(3)(d))

F47Word in reg. 91(1)(a) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 36(1); S.I. 2014/414, art. 3(a)

F48Words in reg. 91(1)(a) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(a)(i)

F49Words in reg. 91(1)(b) omitted (23.3.2006) by virtue of The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 12(2)(b)

F50Words in reg. 91(1)(b) inserted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(a)(ii)

F51Reg. 91(2) omitted (1.1.2007) by virtue of The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 53(4) (with reg. 1(2)(3)(d))

F52Words in reg. 91(3)(a) substituted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(b)

F53Reg. 91(3A) inserted (6.4.2014) by The Representation of the People (England and Wales) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3198), regs. 1(3)(b), 36(2); S.I. 2014/414, art. 3(a)

F54Word in reg. 91(3A)(a) substituted (12.12.2023 with effect in accordance with reg. 1(2)) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), regs. 1(2), 2(11)(c)(i)