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PART IVE+WABSENT VOTERS

Interpretation of Part IVE+W

50.  In this Part of these Regulations—

“Schedule 4” means Schedule 4 to the 2000 Act;F1...

[F2“absent voter” means an elector who is entitled to vote by proxy or an elector or proxy who is entitled to vote by post;]

“allotted polling station” has the meaning set out in regulation 53(7) below;

[F3“the maximum period” means the period specified in paragraph 3(1A)(a) or (1B)(a) of Schedule 4.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Reg. 50 in force at 16.2.2001, see reg. 1(1)

General requirements for applications for an absent voteE+W

51.—(1) An application under Schedule 4 must comply with the requirements of this regulation and such further requirements in this Part of these Regulations as are relevant to the application.

(2) The application must state—

(a)the full name of the applicant;

[F4(aa)for a relevant absent voting application, the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so;]

(b)the address in respect of which the applicant is [F5registered or has applied to be (or is treated as having applied to be) registered] in the register except in the case of an application under paragraph 7(4) or (7) of Schedule 4;

(c)in the case of such an application, the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph (b) above;

(d)in the case of a person applying to vote by post, the address to which the ballot paper should be sent,F6...

(e)in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote.

[F7(f)in the case of a person who is unable to provide a signature, the reasons for his request for waiver of any requirement under paragraph 3, 4 or 7 of Schedule 4 to provide a signature and the name and address of any person who has assisted him to complete his application, and

(g)where the applicant has, or has applied for, an anonymous entry, that fact.]

[F8(3) The application shall be made in writing and shall be dated.

(3A) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into his record by configuring the information as follows—

(a)the signature shall appear against a background of white unlined paper of at least five centimetres long and two centimetres high; and

(b)the applicant’s date of birth shall be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(3B) Where the application contains a request that the registration officer waive the requirement for a signature, sub-paragraph (a) of paragraph (3A) shall not apply.]

(4) An application under Schedule 4 which is made for an indefinite period [F9, the maximum period] or the period specified in the application must state-

(a)that it is so made, and

(b)whether it is made for parliamentary elections, local government elections or both.

(5) An application under Schedule 4 which is made for a particular parliamentary or local government election must-

(a)state that it is so made, and

(b)identify the election in question,

but, where the poll at one election falls on the same day as the poll at another election, the same application may be used for both elections.

(6) Where an application is made to vote by proxy, it shall include an application for the appointment of a proxy which meets the requirements of regulation 52 below.

[F10(7) Where, by virtue of arrangements made by the Secretary of State, a relevant absent voting application may be made through the digital service—

(a)the Secretary of State may complete the application in part using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act for registration in, or alteration of, a register of electors made through or completed using the digital service;

(b)where the application is required to contain a signature, the application must contain a compliant photograph or electronic scan of the applicant’s signature;

(c)the Secretary of State must—

(i)request that the applicant provide their most recent previous name (if they have one), and

(ii)provide an explanation of the purpose for which the information will be used.

(8) In paragraph (7)(b), “compliant photograph or electronic scan of the applicant’s signature” means—

(a)the signature contained in the photograph or electronic scan complies with the requirements of sub-paragraph (a) of paragraph (3A), and

(b)the photograph or electronic scan of the signature is sufficiently clear and unambiguous so as to comply with the requirements of paragraph (3A).

(9) Where an applicant is unable to provide a national insurance number in accordance with paragraph (2)(aa), the applicant may provide as part of the application a copy of any of the documents listed in regulation 56C(2) to (4).

(10) The Secretary of State must send to the registration officer—

(a)subject to paragraph (11), any relevant absent voting application the Secretary of State receives,

(b)the applicant’s previous name (if any provided),

(c)any copy documentation provided by the applicant in accordance with paragraph (9), and

(d)a reference number unique to that application.

(11) Where a relevant absent voting application made through the digital service in accordance with paragraph (7) includes the applicant’s national insurance number the Secretary of State—

(a)may send the registration officer that application without the national insurance number, and

(b)where the Secretary of State does so, must indicate to the registration officer that a national insurance number was included when the application was made by the applicant.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 51 in force at 16.2.2001, see reg. 1(1)

[F11Additional provision concerning the requirement that an application for an absent vote must be signed by the applicantE+W

[F1251A.  The registration officer may satisfy himself—

(a)that an application under Schedule 4 meets any requirements that it has been signed by the applicant and states his date of birth by referring to any signature and date of birth—

(i)previously provided by the applicant to the registration officer or the returning officer; or

(ii)previously provided by the applicant to the authority referred to in regulation 35(2)(a), which the registration officer is authorised to inspect for the purposes of his registration duties; and

(b)as to whether the applicant is unable to provide a signature or a consistent signature due to any disability or inability to read or write.]

Textual Amendments

Modifications etc. (not altering text)

[F13Additional requirement for applications for ballot papers to be sent to different address from that stated in applicationE+W

51AA.—(1) Paragraph (2) applies where—

(a)in the case of an application to vote by post under paragraph 3(1) or (7) or 4(1) of Schedule 4, the addresses stated in accordance with regulation 51(2)(b) and (d) are different;

(b)in the case of an application by a proxy to vote by post under paragraph 7(4) of Schedule 4, the proxy’s address stated in accordance with regulation 51(2)(c) and the address stated in accordance with regulation 51(2)(d) are different.

(2) The application must set out why the applicant’s circumstances will be or are likely to be such that he requires the ballot paper to be sent to the address stated in accordance with regulation 51(2)(d).

(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.]

Textual Amendments

Modifications etc. (not altering text)

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4E+W

51B.—[F14(1)] An application under—

(a)paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b)paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

for his ballot paper to be sent to a different address from that shown in the record shall set out why the applicant’s circumstances will be or are likely to be such that he requires his ballot paper to be sent to that address.

[F15(2) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.]]

Textual Amendments

Modifications etc. (not altering text)

Additional requirements for applications for the appointment of a proxyE+W

52.—[F16(A1) Paragraph (1) applies to an application for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election, or at a local government election in England, where that application is—

(a)included in an application under paragraph 3 or 4 of Schedule 4 in accordance with regulation 51(6), or

(b)otherwise made under paragraph 6(7) [F17or (8)] of Schedule 4.]

[F18(1)] An application F19... shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, F20... and-

(a)if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

(b)if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

[F21(1ZA) If the application for the appointment of a proxy is for the purposes of voting by proxy at a local government election in Wales, the application must also state the family relationship, if any, of the proxy with the applicant.]

[F22(1A) Paragraph (1B) applies where—

(a)an application under paragraph 6(7) or (8) of Schedule 4 for the appointment of a proxy for the purposes of voting by proxy at a parliamentary election or at a local government election in England is made by a person (“A”);

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

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

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

(1B) Where this paragraph applies A’s application must—

(a)state that this paragraph applies, and

(b)state, to the best of A’s knowledge and belief, which of the conditions set out in regulation 56A apply in respect of B.

(1C) In paragraph (1A)—

(a)in sub-paragraph (a), the reference to an application under paragraph 6(8) of Schedule 4 includes such an application which is included in an application under paragraph 4(2) of Schedule 4;

(b)in sub-paragraph (d), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).]

Textual Amendments

Modifications etc. (not altering text)

C23Reg. 52 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 (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 18(5)(c)(iii))

Commencement Information

I3Reg. 52 in force at 16.2.2001, see reg. 1(1)

Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of [F23[F24severe sight-impairment] or any other disability] E+W

53.—(1) An application to vote by proxy for a [F25particular] or indefinite period under paragraph 3(3)(b) of Schedule 4 shall specify [F26the disability] by reason of which it is made.

[F27(2) Subject to paragraph (3) below, such an application shall be attested and signed by—

(a)a registered medical practitioner;

(b)a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing;

(c)a registered dentist as defined by section 53(1) of the Dentists Act 1984;

(d)a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989;

[F28(e)a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;]

(f)a registered osteopath as defined by section 41 of the Osteopaths Act 1993;

(g)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994;

(h)a Christian Science practitioner;

F29(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)a person registered as a member of a profession to which the [F30Health Professions Order 2001 for the time being extends, or registered in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017];

(k)the person carrying on a care home registered under Part 2 of the Care Standards Act 2000;

[F31(ka)the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 as the provider of a care home service (within the meaning of Part 1 of that Act) which is provided wholly or mainly to persons aged 18 or over;]

(l)the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he resides in such premises;

(m)a manager within the meaning of section 145(1) of the Mental Health Act 1983, or on behalf of such a manager; or

(n)a person registered in the register for social workers maintained in accordance with [F32section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016].

(3) A person who qualifies—

(a)by virtue of any of sub-paragraphs (a) to (j) of paragraph (2) above, may not attest an application for these purposes unless—

(i)he is treating the applicant for the disability specified in the application; or

(ii)the applicant is receiving care from him in respect of that disability; or

[F33(iii)the person is a social worker who qualifies by virtue of sub-paragraph (j) of paragraph (2), and has arranged care or assistance for the applicant in respect of that disability; or]

(b)by virtue of sub-paragraph (n) of paragraph (2) above, may not attest an application for these purposes unless—

(i)he is treating the applicant for the disability specified in the application;

(ii)the applicant is receiving care from him in respect of that disability; or

(iii)he has arranged care or assistance for the person in respect of their disability.

(4) The person attesting the application shall state—

(a)his name and address and the qualification by virtue of which he attests the application;

(b)where the person who attests the application is a person referred to in paragraph (3)(a) above, that—

(i)he is treating the applicant for the disability specified in the application; or

(ii)the applicant is receiving care from him in respect of that disability;

(c)where the person who attests the application is a person referred to in paragraph (3)(b) above, that—

(i)he is treating the applicant for the disability specified in the application;

(ii)the applicant is receiving care from him in respect of that disability; or

(iii)he has arranged care or assistance for the applicant in respect of that disability;

(d)that, to the best of his knowledge and belief, the applicant has the disability specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that disability; and

(e)that, to the best of his knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.]

(5) Paragraphs (2) to (4) above shall not apply where—

(a)the application is based on the applicant’s [F34severe sight-impairment] and the applicant is registered [F35by the local authority which is specified in the application as—

[F36(i)a severely sight-impaired person in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014; or]

(ii)a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults); or]

(b)the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992(1)) [F37, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011] [F38[F39,] the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012)] [F40or the higher rate of the mobility component of disability assistance for children and young people [F41or the enhanced rate of the mobility component of disability assistance for working age people] (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018)] because of the [F42disability] specified in the application.

[F43(5A) A person who qualifies by virtue of sub-paragraph (m) of paragraph (2) above, shall, instead of the matters specified in paragraph (4)(a) above, state in the attestation—

(i)his name;

(ii)his position in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

(iii)that he is a person authorised to make the attestation; and

(iv)in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.]

(6) The fact that an applicant is registered F44... [F45as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)] [F46or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014] shall be deemed sufficient evidence that he is eligible to vote by proxy on the grounds set out in paragraph 3(3)(b) of Schedule 4.

(7) In this regulation and in regulations 54 and 55 below, “his allotted polling station”, in relation to an elector means the polling station allotted or likely to be allotted to him under the appropriate rules (as defined in paragraph 1 of Schedule 4).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I4Reg. 53 in force at 16.2.2001, see reg. 1(1)

Additional requirements for applications for a proxy vote for a definite or indefinite period based on occupation, service, employment or attendance on a courseE+W

54.—(1) An application to vote by proxy for a [F47particular] or indefinite period under paragraph 3(3)(c) of Schedule 4 shall state—

(a)whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse [F48or civil partner] or, as the case may be, it is the applicant or his spouse [F48or civil partner] who is attending the course provided by an educational institution in respect of which the application is made;

(b)the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;

(c)where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self employed, that fact; and in any other case the name of that person’s employer;

(d)the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.

(2) Such an application shall be attested and signed—

(a)where the person is self-employed, by a person who—

(i)is aged 18 years or over;

(ii)knows the self-employed person; and

(iii)is not related to him;

(b)by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c)in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) above shall—

(a)where the applicant is the employed person or the person attending the course, certify that the statements required by sub-paragraphs (a) to (d) of paragraph (1) above to be included in the application are true; or

(b)where the applicant is the spouse [F49or civil partner] of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (c) of paragraph (1) above are true.

(4) The person attesting an application under paragraph (2) above shall also state—

(a)his name and address, that he is aged 18 years or over, that he knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him; and

(b)if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or

(c)if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.

(5) For the purposes of this regulation, one person is related to another if he is the [F50spouse, civil partner,] parent, grandparent, brother, sister, child or grandchild of the other.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I5Reg. 54 in force at 16.2.2001, see reg. 1(1)

[F51Additional requirements for applications for a proxy vote in respect of a particular electionE+W

55.—(1) An application under paragraph 4(2) of Schedule 4 to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

[F52(1A) Paragraph (1) does not apply where the applicant has an anonymous entry.]

(2) Where an application under paragraph 4(2) of Schedule 4—

(a)is made on the grounds of the applicant’s [F53disability]; and

(b)is made after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of regulation 53 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in paragraph (2) above is made, the person who attests the application shall state, in addition to those matters specified in [F54regulation 53], to the best of his knowledge and belief, the date upon which the applicant became [F55disabled].

[F56(3A) Where an application under paragraph 4(2) of Schedule 4—

(a)is made on grounds relating to the applicant’s occupation, service or employment; and

(b)is made after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of regulation 55A as to the matters to be specified and the attestation shall apply.]

[F57(4) Where an application under paragraph 4(2) of Schedule 4 is made by a person to whom paragraph 2(5A) of that Schedule applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of paragraph (5) below as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in paragraph (4) above is made—

(a)the application shall additionally state the name and address of the hospital at which the applicant is liable to be detained; and

(b)the application shall be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983, of the hospital at which the applicant is liable to be detained, and the attestation shall state—

(i)the name of the person attesting the application;

(ii)his position in the hospital at which the applicant is liable to be detained;

(iii)that he is a person authorised to make the attestation; and

(iv)the statutory provision under which the applicant is liable to be detained in the hospital.

[F58(5A) Where an application under paragraph 4(2) of Schedule 4 is made after 5pm on the sixth day before the date of the poll at the election for which it is made because the circumstances set out in paragraph (3F)(a) of regulation 56 apply, the application must (in addition to providing any other information required by this Part) state that it is being made because of those circumstances.]

(6) This regulation does not apply where an applicant has an anonymous entry.]]

Textual Amendments

Modifications etc. (not altering text)

C27Reg. 55 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

[F59Additional requirements for application for an emergency proxy vote in respect of a particular election [F60: grounds relating to occupation, service or employment] E+W

55A.—(1) This regulation sets out the requirements referred to in regulation 55(3A).

(2) The application must (in addition to providing the information required by regulation 55(1)) state—

(a)where the applicant is self-employed, that fact; and, in any other case, the name of the applicant’s employer;

(b)that the reason provided in accordance with regulation 55(1) relates to the applicant’s occupation, service or employment; and

(c)the date on which the applicant became aware of that reason.

(3) Paragraphs (4), (5) and (6) apply unless the applicant is or will be registered as a service voter.

(4) The application must be attested and signed—

(a)where the applicant is self-employed, by a person who—

(i)is aged 18 years or over;

(ii)knows the applicant; and

(iii)is not related to the applicant;

(b)where the applicant is not self-employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer.

(5) The person attesting an application under paragraph (4) (the “attestor”) must certify that the statements required by paragraph (2) and the information required by regulation 55(1) are true to the best of their knowledge and belief.

(6) The attestor shall also state—

(a)the attestor’s name and address; and

(b)if the attestor is attesting—

(i)where the applicant is self-employed, that the attestor is aged 18 years or over and that the attestor knows, but is not related to, the applicant; or

(ii)as or on behalf of the employer of the applicant, that the attestor is the employer, or the position the attestor holds in the employment of that employer.

(7) For the purposes of this regulation, one person (‘A’) is related to another (‘B’) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B.]

Textual Amendments

F60Words in reg. 55A heading inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 38(5) (with reg. 1(6)(7))

Modifications etc. (not altering text)

C29Reg. 55A 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)))

[F61Additional requirements for application for an emergency proxy vote in respect of a particular parliamentary election or local government election in England: grounds relating to voter identificationE+W

55B.—(1) Subject to [F62paragraphs (2) and (2A)], this regulation applies to an application under paragraph 4(2) of Schedule 4 to which regulation 56(3D) applies.

(2) This regulation does not apply where—

(a)the application under paragraph 4(2) of Schedule 4 includes an application under paragraph 6(8) of Schedule 4, and

(b)regulation 52(1B) applies to that application under paragraph 6(8).

[F63(2A) This regulation does not apply where regulation 56(3D) applies to an application by virtue only of the circumstances set out in paragraph (3F).]

(3) Where this regulation applies, the application under paragraph 4(2) must (in addition to providing any other information required by this Part)—

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

(b)state which of the conditions set out in regulation 56A apply to the applicant.

(4) In this regulation, “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).]

Textual Amendments

Modifications etc. (not altering text)

C31Reg. 55B applied (with modifications) (E.) (16.1.2023) by S.I. 2012/323, Sch. 4 para. 1 Table 6 (as amended by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 49(3)(b) (with reg. 1(6)(7) (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 15(5)(c)(iv)))

C32Reg. 55B applied (with modifications) (E.) (16.1.2023) by S.I. 2012/444, Sch. 4 para. 1 Table 6 (as amended by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 53(3)(b) (with reg. 1(6)(7)) (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 16(5)(c)(iv)))

C33Reg. 55B applied (with modifications) (E.) (16.1.2023) by S.I. 2012/2031, regs. 8, 12, 13, Sch. 4 Pt. 1 Table 6 (as amended by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 65(3)(b) (with reg. 1(6)(7)) (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 18(5)(c)(iv)))

Closing date for applicationsE+W

56.—(1) An application under paragraph [F643(1), (6) or (7), or 7(4)] of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

[F65(1B) Paragraph (2) is subject to paragraph (2ZA).]

(2) [F66Subject to paragraph (3B),] F67... an application under paragraph [F683(2) or 6(7)] of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.

[F69(2ZA) An application under paragraph 6(7) of Schedule 4 which is made on grounds relating to voter identification must be disregarded for the purpose of a particular parliamentary or local government election in England if it is received by the registration officer after 5pm on the day of the poll at that election.]

[F70(2C) Paragraph (3) is subject to paragraph (3D).]

[F71(3) [F72Subject to paragraphs (3A) and (3B),] an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.

[F73(3A) Where an application made under paragraph 4(2) of Schedule 4 is made—

(a)on the grounds of the applicant’s disability and the applicant became disabled after 5 p.m. on the sixth day before the date of the poll at the election for which it is made; or

[F74(aa)on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 p.m. on the sixth day before the date of poll at the election for which it is made; or]

(b)by a person to whom paragraph 2(5A) of that Schedule applies,

the application, or an application under paragraph 6(8) of that Schedule made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.]]

[F75(3B) Where an application is made under [F76paragraphs 4(2), 6(7) or 6(8)] of Schedule 4 in relation to a [F77relevant Welsh local government election]—

(a)on the ground that the applicant cannot reasonably be expected to vote in person at a polling station as a result of complying with relevant legislation, Welsh Government advice or the advice of a registered medical practitioner in relation to coronavirus; or

(b)on the ground that any person appointed as a proxy to vote for an applicant under paragraph 6 of Schedule 4 is unable to attend a polling station and vote for that applicant as a result of complying with relevant legislation, Welsh Government advice or the advice of a registered medical practitioner in relation to coronavirus,

the application F78... shall be refused if it is received after 5pm on the day of the poll at the election for which it is made.

[F79(3C) In paragraph (3B), “relevant Welsh local government election” means a local government election in Wales the poll for which takes place before 31 May 2023.]]

[F80(3D) Where an application is made under paragraph 4(2) or 6(8) of Schedule 4 in relation to a parliamentary election or a local government election in England on grounds relating to voter identification [F81or in the circumstances set out in paragraph (3F)], the application must be refused if it is received after 5pm on the day of the poll at the election for which it is made.

(3E) In paragraphs (2ZA) and (3D), “grounds relating to voter identification” is interpreted in accordance with regulation 56A(1).]

[F82(3F) The circumstances are that—

(a)the applicant submitted the application because an earlier application submitted by that applicant under paragraph 3(2) or 6(7) of Schedule 4 is to be disregarded for the purposes of the election referred to in paragraph (3D) because that earlier application—

(i)was submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the election referred to in paragraph (3D),

(ii)was submitted via the digital service, and

(iii)was not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the election referred to in paragraph (3D) due to a technical defect in the digital service, or

(b)the application referred to in paragraph (3D) meets the conditions specified in paragraphs (i), (ii) and (iii) of sub-paragraph (a).]

(4) An application under paragraph [F834(1) or 7(7)] of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it is made.

(5) An application under—

(a)paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or

(b)paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,

and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after [F845 p.m. on the eleventh day before the date of the poll at that election].

[F85(5A) Any application or notice mentioned in this regulation shall be disregarded for the purposes of a particular parliamentary or local government election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the returning officer (except where it has been returned in accordance with regulation 77 or 78 (spoilt and lost postal ballot papers)).]

(6) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, F86... Good Friday or a bank holiday shall be disregarded.

(7) In paragraph (6) above “bank holiday” means—

(a)in relation to a parliamentary general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in any part of the United Kingdom, and

(b)in relation to a parliamentary by-election or a local government election, a day which is a bank holiday under that Act in England and Wales;

except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b), not (a), shall apply.

Textual Amendments

Modifications etc. (not altering text)

C36Reg. 56 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 (as amended (6.4.2014) by S.I. 2014/333, regs. 1(6), 10(c) (with reg. 1(7)) and (31.10.2023) by S.I. 2023/1147, regs. 1(2), 18(5)(c)(v))

Commencement Information

I6Reg. 56 in force at 16.2.2001, see reg. 1(1)

[F87Grounds relating to voter identificationE+W

56A.—(1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B—

(a)condition 1, 2, 3 or 4 in this regulation, and

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

(2) In this regulation, “B” means—

(a)the applicant, where—

(i)the application is made under paragraph 4(2) of Schedule 4, and

(ii)regulation 52(1B) does not apply to the application made under paragraph 6(8) of Schedule 4 which is included in that application under paragraph 4(2);

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

(3) Condition 1 is that—

(a)immediately before the deadline, B has a specified document which B intends to use to vote in person at a parliamentary election or at a local government election in England, and

(b)after that deadline, that document is—

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

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

(4) Condition 2 is that—

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

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

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

(5) Condition 3 is that—

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

(b)either—

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

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

(6) Condition 4 is that—

(a)B has a temporary electoral identity document which is valid for use on the day of poll at a parliamentary election or a local government election in England, and

(b)before B is able to vote in person at such an election using that document, proceedings at B’s polling station are adjourned in accordance with rule 42 of the elections rules (adjournment of poll in case of riot).

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

(8) In this regulation—

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

(b)the “deadline” means the time stated in regulation 56(2) or (3) after which, ignoring any other paragraphs in that regulation, an application under paragraph 4(2) or 6(7) or (8) of Schedule 4 must be disregarded or refused (as the case may be) by a registration officer;

(c)“specified document” has the meaning given in rule 37(1H) and (1K) of the elections rules.]

Textual Amendments

[F88Verification of information provided in a relevant absent voting application E+W

56B.—(1) On receipt of a relevant absent voting application made otherwise than through the digital service, a registration officer must disclose the applicant’s name or names, address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Levelling Up, Housing and Communities in such format and through such an infrastructure system as the Secretary of State for Levelling Up, Housing and Communities may have notified to the registration officer in writing.

(2) Following receipt of the first stage information from the registration officer or, in the case of an application made through or partially completed using the digital service, from an applicant, the Secretary of State for Levelling Up, Housing and Communities may disclose the first stage information to the Secretary of State for Work and Pensions.

(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a)the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i)data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development), and

(ii)data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs), and

(b)any other information contained in such types of data which relates to the information disclosed under paragraph (2).

(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(5) On receipt of the second stage information, the Secretary of State for Levelling Up, Housing and Communities may disclose that information—

(a)to the Secretary of State for Work and Pensions, or

(b)to the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates.

(6) Paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under paragraph (5)(a) as it applies to the first stage information disclosed under paragraph (2).

(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(8) On receipt of the third stage information, the Secretary of State for Levelling Up, Housing and Communities may—

(a)compare the third stage information against the information provided in the relevant absent voting application, and

(b)notify the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates, as to whether the comparison in sub-paragraph (a) resulted in a match.

(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Levelling Up, Housing and Communities in accordance with this regulation when determining the application.

(10) This regulation does not apply in relation to an application under paragraph 4(2) of Schedule 4—

(a)which is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it is made, and

(b)where regulation 56(3A) or (3D) applies.

(11) In paragraph (1)—

(a)“infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

(b)the reference to the applicant’s address is a reference to the address contained in the application in accordance with regulation 51(2)(b).

Textual Amendments

Modifications etc. (not altering text)

Power to request additional evidence in relation to relevant absent voting applications where registration officer considers it necessary E+W

56C.—(1) This regulation applies where, upon receipt of a relevant absent voting application, a registration officer considers additional evidence is necessary to verify the identity of the applicant.

(2) The registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents—

(a)the applicant’s passport;

(b)the applicant’s identity card issued in the European Economic Area;

(c)the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the Borders Act 2007;

(d)the applicant’s electoral identity card issued in Northern Ireland;

(e)the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

(3) Where an applicant is not able to give one of the documents in paragraph (2), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of—

(a)one of the following documents, which, except in relation to paragraph (vii), must have been issued in the United Kingdom or Crown Dependencies—

(i)the applicant’s birth certificate;

(ii)the applicant’s marriage or civil partnership certificate;

(iii)the applicant’s adoption certificate;

(iv)the applicant’s firearms certificate granted under the Firearms Act 1968;

(v)the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976;

(vi)the applicant’s driving licence, which is not in the form of a photocard;

(vii)the applicant’s driving licence granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom, and

(b)two other documents, each of which may be either from sub-paragraph (a) or from paragraph (4).

(4) Where the applicant is not able to give documents in accordance with paragraph (3), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name—

(a)a financial statement, including but not limited to—

(i)a mortgage statement;

(ii)a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;

(iii)a credit card statement;

(iv)a pension statement;

(b)a council tax demand letter or statement;

(c)a utility bill;

(d)a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(e)a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act.

(5) Where the applicant is registered, or has applied to be registered, in pursuance of an overseas elector’s declaration—

(a)paragraph (3) applies as if, in sub-paragraph (a)(vii), the words from “and which must” to “Kingdom” were omitted;

(b)paragraph (4) applies as if after “kinds of evidence” there were inserted “, must have been issued in the United Kingdom or Crown Dependencies”.

(6) If an applicant is unable to give the documentary evidence required under paragraphs (2) to (4), the registration officer may require that the applicant give an attestation which must—

(a)confirm that the applicant is the person named in the application,

(b)be in writing and signed by a qualifying attestor,

(c)state the qualifying attestor’s full name, date of birth, occupation, residential address and (if different) the address in respect of which the qualifying attestor is registered as an elector,

(d)state—

(i)where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the attestor’s British passport number together with its date and place of issue;

(ii)otherwise—

(aa)where the qualifying attestor is registered in respect of an address in Northern Ireland and has been allocated a digital registration number in accordance with section 10B of the 1983 Act (register of electors in Northern Ireland: digital registration number), that digital registration number;

(bb)in all other cases, the qualifying attestor’s electoral number,

(e)include an explanation as to the qualifying attestor’s ability to confirm that the applicant is the person named in the application, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that that connection has existed,

(f)include—

(i)an indication that the qualifying attestor is aware of section 13D(1) of the 1983 Act (offence of provision of false information to a registration officer), and

(ii)a declaration by the qualifying attestor that all information provided in the attestation is true, and

(g)state the date on which it is made.

(7) In paragraph (6), a “qualifying attestor” is a person—

(a)where the applicant is or is to be registered in pursuance of an overseas elector’s declaration, who is aged 18 or over,

(b)who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(c)who is registered as an elector and, except where the applicant is or is to be registered in pursuance of an overseas elector’s declaration, who is registered as an elector in a local authority area in England or Wales,

(d)except where the person is registered in pursuance of an overseas elector’s declaration, whom the registration officer is satisfied is of good standing in the community, and

(e)who has not already signed a relevant identity attestation for two other applicants since, whichever is the later,—

(i)the date on which the revised register in which the qualifying attestor’s name appears was last published under section 13(1) of the 1983 Act;

(ii)the date on which a notice specifying the qualifying attestor’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued).

(8) In paragraph (7)(e), a “relevant identity attestation” is an attestation provided in accordance with—

(a)paragraph (6);

(b)regulation 26B(6);

(c)regulation 26B(6) or 56C(6) of the Representation of the People (Scotland) Regulations 2001;

(d)paragraph 16C(5) of Schedule 2 to the Police and Crime Commissioner Elections Order 2012;

(e)regulation 72B(6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

(f)regulation 7(6) of the Voter Identification Regulations 2022.

(9) Paragraphs (2) to (6) do not apply where the applicant is registered, or has applied to be registered, in a register of parliamentary electors or a register of local government electors in England in pursuance of the following declarations—

(a)a service declaration on the grounds that the applicant is a Crown servant or the spouse or civil partner of a Crown servant;

(b)a service declaration on the grounds that the applicant is a member of the forces;

(c)a service declaration on the grounds that the applicant is the spouse or civil partner of a member of the forces.

(10) In the case of an application to which paragraph (9)(a) or (c) applies, the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents, which has been certified by a Crown servant or British Council employee or an officer of the forces, who is not the applicant’s spouse or civil partner—

(a)the applicant’s passport;

(b)the applicant’s identity card issued in the European Economic Area.

(11) In the case of an application to which paragraph (9)(b) applies, the registration officer may require that the applicant give an attestation which must—

(a)confirm that the applicant is the person named in the application,

(b)be in writing and signed by an officer of the forces who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(c)state the full name, address and rank of the person signing the attestation and the service (whether naval, military or air forces) in which they serve, and

(d)state the date on which it is made.

(12) In this regulation—

“Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man;

“member of the forces” has the same meaning as in section 59(1) of the 1983 Act;

“officer of the forces” means a member of the forces who is an officer.

(13) This regulation does not apply in relation to an application under paragraph 4(2) of Schedule 4—

(a)which is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it is made, and

(b)where regulation 56(3A) or (3D) applies.

Textual Amendments

Modifications etc. (not altering text)

Processing of information provided in connection with a relevant absent voting application E+W

56D.—(1) If a person provides an original document under regulation 56C, the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In respect of any relevant absent voting application, the registration officer must retain until the application has been determined—

(a)the application form or, in the case of an application made through the digital service, the information contained in the application transmitted to the registration officer by the Secretary of State;

(b)any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (1), a copy of such documents.

(3) Subject to paragraph (4), the registration officer may retain the application form, information and documents in paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in paragraph (2) by no later than the date which is 13 months from the date on which the registration officer determined the relevant absent voting application.

(4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.

(5) Information disclosed under regulation 56B must not be disclosed to any other person, except—

(a)for the purpose of determining the relevant absent voting application in connection with which the information was disclosed, or

(b)for the purpose of any civil or criminal proceedings.

(6) A person who discloses information in breach of paragraph (5) is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine (or both);

(b)on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both).

(7) Any information disclosed under regulation 56B must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Levelling Up, Housing and Communities in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

(8) In this regulation, “copy” includes an electronic copy.]

Textual Amendments

Modifications etc. (not altering text)

Grant or refusal of applicationsE+W

57.—(1) Where the registration officer grants an application to vote by post, he shall F89... notify the applicant of his decision.

[F90(1A) Where a registration officer grants an application to vote by post at a parliamentary election or a local government election in England, the notification under paragraph (1) must include—

(a)where the postal vote entitlement is for a particular election, the date of the poll for which the elector’s entitlement to vote by post has been granted;

(b)otherwise, the date on which the elector’s entitlement to vote by post ends.]

(2) Where the registration officer grants an application for the appointment of a proxy, he shall confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.

(3) The form of proxy paper F91... in Form E is hereby prescribed for the purposes of paragraph 6(9) of Schedule 4 [F92in respect of the appointment of a proxy for the purpose of voting at a local government election or local government elections in Wales].

[F93(3A) The form of proxy paper in Form E1 is prescribed for the purposes of paragraph 6(9) of Schedule 4 in respect of the appointment of a proxy for the purpose of voting—

(a)at a parliamentary election, or at parliamentary elections;

(b)at a local government election, or at local government elections, in England.]

(4) Where the registration officer refuses an application under Schedule 4, he shall notify the applicant of his decision and of the reason for it.

[F94(4A) Where the registration officer grants an application made under—

(a)paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b)paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

he shall notify the applicant of this.

(4B) Where a person is removed from the record kept pursuant to paragraph 3(4) [F95or 7(6)] of Schedule 4, the registration officer shall [F96where practicable] notify him of this and the reason for it.

(4C) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall [F97where practicable] notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.]

(5) Where, under regulation 56 above, a registration officer disregards an application for the purposes of any particular parliamentary or local government election, he shall F98... notify the applicant of this.

(6) At a parliamentary election where the registration officer is not the acting returning officer for any constituency or part of a constituency in the area for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.

[F99(7) Paragraphs (8) to (10) apply where—

(a)an application under Schedule 4 relates to voting at a parliamentary election or at a local government election in England, and

(b)either—

(i)paragraph (2) of regulation 51AA applies to that application, or would have applied if paragraph (3) of that regulation were ignored, or

(ii)paragraph (1) of regulation 51B applies to that application, or would have applied if paragraph (2) of that regulation were ignored.

(8) A notification under paragraph (1) or (4A) to one of the following types of applicants must also include a statement that ballot papers will be sent to the postal ballot delivery address—

(a)an applicant registered in pursuance of an overseas elector’s declaration;

(b)an applicant registered in pursuance of a service declaration;

(c)an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act);

(d)an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act);

(e)an applicant who has an anonymous entry.

(9) Where sub-paragraphs (a) to (e) of paragraph (8) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with paragraphs (1), (4), (4A) or (5), notify the applicant in writing that—

(a)the application has been granted, refused or disregarded, and

(b)where the application has been granted, ballot papers will be sent to the postal ballot delivery address.

(10) A notification under paragraph (9) must be delivered to—

(a)where paragraph (7)(b)(ii) applies and the notification is to be delivered to a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4, the address shown in that record;

(b)otherwise—

(i)the address stated in the application in accordance with regulation 51(2)(b), or

(ii)the proxy’s address stated in the application in accordance with regulation 51(2)(c).

(11) In paragraphs (8) and (9), the “postal ballot delivery address” means—

(a)where paragraph (7)(b)(i) applies, the address stated in the application in accordance with regulation 51(2)(d);

(b)where paragraph (7)(b)(ii) applies, the different address described in regulation 51B(1).]

Textual Amendments

Modifications etc. (not altering text)

C43Reg. 57 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 (as amended (31.10.2023) by S.I. 2023/1147, regs. 1(2), 18(5)(c)(vii))

Commencement Information

I7Reg. 57 in force at 16.2.2001, see reg. 1(1)

Notice of appealE+W

58.—(1) A person desiring to appeal under section 56(1)(b) of the 1983 Act(3) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 57(4) above specifying the grounds of appeal.

(2) The registration officer shall forward any such notice to the appropriate county court in the manner directed by rules of court together in each case with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

(3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Modifications etc. (not altering text)

C47Reg. 58 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

Commencement Information

I8Reg. 58 in force at 16.2.2001, see reg. 1(1)

Cancellation of proxy appointmentE+W

59.  Where the appointment of a proxy is cancelled by notice given to the registration officer under paragraph 6(10) of Schedule 4 or ceases to be in force under that provision or is no longer in force under paragraph 6(11)(b) of that Schedule, the registration officer shall—

(a)notify the person whose appointment as proxy has been cancelled, expired, ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy, and

(b)remove his name from the record kept under paragraph 3(4)(c) of Schedule 4.

Modifications etc. (not altering text)

C50Reg. 59 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

Commencement Information

I9Reg. 59 in force at 16.2.2001, see reg. 1(1)

Inquiries by registration officerE+W

60.—(1) The registration officer may, at such times as he thinks fit, make inquiries of a person—

(a)who is shown as voting by proxy in the record kept under paragraph 3(4) of Schedule 4 in pursuance of an application granted on the grounds set out in paragraph 3(3)(b) and (c) of that Schedule; or

(b)who immediately before the date of the commencement of Schedule 4 was entitled to vote by proxy for an indefinite period at parliamentary elections, local government elections or both in pursuance of an application granted on grounds corresponding to those set out in paragraph 3(3)(b) and (c) of Schedule 4 (physical incapacity, blindness, occupation, service or employment),

for the purpose of determining whether there has been a material change of circumstances.

(2) Where the grant of an application for a proxy vote for an indefinite or [F100particular] period was based on the grounds referred to in paragraph 3(3)(c) of Schedule 4 (or grounds corresponding to those grounds), the registration officer shall make the inquiries referred to not later than three years after the granting of the application or the last such inquiries, as the case may be.

(3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I10Reg. 60 in force at 16.2.2001, see reg. 1(1)

[F101Requirement to notify certain electors and proxies that postal vote entitlement is to end E+W

60ZA.—(1) This regulation applies in respect of an elector or proxy who remains entitled to vote by post at a parliamentary election or at a local government election in England by virtue of an entitlement which was granted for the maximum period (“the relevant person”).

(2) The registration officer must, before the end of the maximum period, send to the relevant person—

(a)a notice informing the relevant person of the date on which the relevant person’s entitlement to vote by post is to end, and

(b)information about how to make a fresh application to vote by post (as elector or, as the case may be, as proxy).]

Textual Amendments

Modifications etc. (not altering text)

[F102Requirement to provide fresh signatures at five yearly intervalsE+W

60A.—[F103(A1) This regulation does not apply to an elector or proxy so far as that elector or proxy remains entitled to vote by post at a parliamentary election or at a local government election in England.]

(1) The registration officer shall every year by 31 January send every person who remains an absent voter and whose signature held on the personal identifiers record is more than five years old a notice in writing—

(a)requiring him to provide a fresh signature, and

(b)informing him of the date (six weeks from the date of sending the notice) on which he would cease to be entitled to vote by post or by proxy in the event of a failure or refusal to provide a fresh signature.

(2) The notice must be sent by the registration officer to the current or last known address of the absent voter.

(3) The registration officer must, if the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to him.

(4) Where a notice or copy of a notice is sent by post, the registration officer may use—

(a)a universal postal service provider; or

(b)a commercial delivery firm,

and postage shall be prepaid.

(5) A notice or copy of a notice sent to an absent voter in accordance with paragraph (1) or (3) must be accompanied by a pre-addressed reply envelope and, in the case of any notice or copy of a notice sent to an address in the United Kingdom, return postage must be prepaid.

(6) Upon the expiration of the period specified in the notice sent to the absent voter the registration officer shall determine whether the absent voter has failed or refused to provide a fresh signature.

(7) Where the registration officer determines that the absent voter has refused or failed to provide a fresh signature within the specified period, he must remove that person’s entry from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 7(8) of that Schedule.

(8) Where a registration officer removes an absent voter’s entry in the circumstances to which paragraph (7) refers—

(a)the registration officer shall inform the absent voter, where appropriate, of the location of the polling station allotted or likely to be allotted to him under the appropriate rules (as defined in paragraph 1 of Schedule 4);

(b)regulation 57(4) and regulation 58 shall apply as if the registration officer were refusing an application under Schedule 4; and

(c)in the case of an entry removed from the proxy postal voters list, the registration officer must also notify the elector who appointed the proxy whose entry has been removed.

(9) The registration officer shall include in the notice to be sent to an absent voter regarding their removal from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 7(8) of that Schedule, information—

(a)explaining the effect of such removal; and

(b)reminding the absent voter that he may make a fresh application under Schedule 4 to vote by post or by proxy (as the case may be).]

Textual Amendments

Modifications etc. (not altering text)

[F104Requirement to provide fresh signatures following rejection of a postal voting statementE+W

60B.—(1) Where an absent voter is notified under regulation 61C that the signature does not match the example held on the personal identifiers record, and the absent voter continues to be shown on the relevant record as voting by post, the registration officer may require the absent voter to provide a fresh signature for the personal identifiers record.

(2) In doing so the registration officer must—

(a)issue a notice in writing to the absent voter, requiring the provision of a fresh signature, and

(b)inform the absent voter of the date (six weeks from the sending of the notice) on which the absent voter would cease to be entitled to vote by post in the event of a failure or refusal to provide a fresh signature.

(3) The registration officer must, if the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to the absent voter.

(4) The notice and any copy must be sent by the registration officer to the current or last known address of the absent voter.

(5) Where a notice or copy of a notice is sent by post, the registration officer may use—

(a)a universal postal service provider; or

(b)a commercial delivery firm,

and postage shall be prepaid.

(6) A notice or copy of a notice sent to an absent voter in accordance with paragraph (2) or (3) must be accompanied by a pre-addressed reply envelope and, in the case of any notice or copy of a notice sent to an address in the United Kingdom, return postage must be prepaid.

(7) Following the date specified in the notice sent to the absent voter, the registration officer must determine whether the absent voter has failed or refused to provide a fresh signature.

(8) Where the registration officer determines that the absent voter has refused or failed to provide a fresh signature, the registration officer must remove that person’s entry from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list or proxy postal voters list (as the case may be) kept under paragraph 5(2) or 7(8) of that Schedule.

(9) Where a registration officer removes an absent voter’s entry in the circumstances to which paragraph (8) refers—

(a)the registration officer shall inform the absent voter, where appropriate, of the location of the polling station allotted or likely to be allotted to the voter under the appropriate rules (as defined in paragraph 1 of Schedule 4);

(b)regulation 57(4) and regulation 58 shall apply as if the registration officer were refusing an application under Schedule 4; and

(c)in the case of an entry removed from the proxy postal voters list, the registration officer must also notify the elector who appointed the proxy whose entry has been removed.

(10) The registration officer shall include in the notice to be sent to an absent voter regarding their removal from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list or proxy postal voters list (as the case may be) kept under paragraph 5(2) or 7(8) of that Schedule, information—

(a)explaining the effect of such removal; and

(b)reminding the absent voter that they may make a fresh application under Schedule 4 to vote by post or by proxy (as the case may be).

(11) Where an absent voter has provided a registration officer with a fresh signature in response to a notice issued by the registration officer under this paragraph, or in response to a notice issued by the registration officer under any other enactment following the rejection of the absent voter’s postal voting statement at an election or referendum, the registration officer may use that signature and enter it in the records kept in accordance with regulation 61B and paragraphs [F1053(9)], 4(6) and 7(12) of Schedule 4.]

Textual Amendments

Modifications etc. (not altering text)

[F106Records and lists kept under Schedule 4E+W

61.—(1) Any person entitled to be supplied in accordance with regulation 103, 105, 106 or 108 below with copies of the full register is also a person entitled, subject to this regulation and to regulation 61A, to request that the registration officer supply free of charge the relevant part (within the meaning of those regulations) of a copy of any of the following information which he keeps—

(a)the current version of the information which would, in the event of a particular parliamentary or local government election, be included in the postal voters lists, the list of proxies or the proxy postal voters lists, which he is required to keep under paragraph 5 or 7(8) of Schedule 4;

(b)the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists kept under paragraph 5 or 7(8) of Schedule 4.

(2) A request under paragraph (1) shall be made in writing and shall specify—

(a)the information (or the relevant parts of the information) requested;

(b)whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list; and

(c)whether a printed copy of the records or lists is requested or a copy in data form.

(3) A person who obtains any information under this regulation may use it only for the permitted purposes specified in regulation 61A, and any restrictions—

(a)specified in that regulation, or

(b)which would apply to the use of the full register under whichever of regulation 103, 105, 106 or 108 entitled that person to obtain that information,

shall apply to such use.

(4) The registration officer shall supply a current copy of the information requested under paragraph (1), as soon as practicable after receipt of a request that is duly made.

(5) The registration officer shall supply a final copy of the postal voters list kept under paragraph 5(2) of Schedule 4, as soon as practicable after 5pm on the eleventh day before the day of the poll, in response to a request under paragraph (1) that has been duly made.

(6) As soon as practicable after 5pm on the sixth day before the day of the poll the registration officer shall—

(a)make a copy of the lists kept under paragraphs 5 and 7(8) of Schedule 4 available for inspection at his office in accordance with paragraphs (10) to (15); and

(b)at a parliamentary election, if he is not the acting returning officer for any constituency or part of a constituency in the area for which he is the registration officer, send to that officer a copy of those lists;

(c)supply a final copy of the postal voters lists or the list of proxies in response to every request under paragraph (1) that has been duly made.

[F107(6A) At a parliamentary election, the registration officer must, on a request made at any time, supply the acting returning officer for any constituency or part of a constituency for which he is the registration officer with so much of the lists kept under paragraphs 5 and 7(8) of Schedule 4 as relate to that constituency or part of a constituency.]

(7) The registration officer shall supply a final copy of the proxy voters list kept under paragraph 5(3) of Schedule 4, updated to include any additions to that list made in consequence of any applications granted in accordance with regulation 56(3A) [F108or (3D)], as soon as practicable after 5pm on the day of the poll, to every person who received that list in accordance with paragraph (6)(c).

(8) Any person who has obtained or is entitled to obtain a copy of information covered by paragraph (1) may—

(a)supply a copy of the information to a processor for the purpose of processing the information, or

(b)procure that a processor processes and supplies to them any copy of the information which the processor has obtained under this regulation,

for use in respect of the purposes for which that person is entitled to obtain such information.

(9) Paragraphs (2) and (3) and the condition in paragraph (9) of regulation 92 shall be taken to apply to the supply and processing of information supplied under this regulation as they apply to the supply and processing of the full register under Part 6 of these Regulations.

(10) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph (1).

(11) A request under paragraph (10) shall be made in writing and shall specify—

(a)the information (or relevant parts of the information) requested;

(b)whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list;

(c)who will inspect the information;

(d)the date on which they wish to inspect the information; and

(e)whether they would prefer to inspect the information in a printed or data form.

(12) The registration officer shall make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

(13) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic, or any other means.

(14) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

(a)make copies of any part of it, or

(b)record any particulars in it,

otherwise than by means of hand-written notes.

(15) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act, any duty on a registration officer to supply a copy or make information available for inspection under this regulation, imposes only a duty to provide that information in the form in which he holds it.

(16) For the purposes of this regulation—

(a)a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9 a.m. on the date it is supplied; and

(b)any period of days shall be calculated in accordance with regulation 56(6) and (7).

(17) The registration officer shall ensure that where he supplies or discloses information covered by paragraph (1)(a) in accordance with this regulation, he does not supply or disclose any record relating to a person specified in paragraph (18).

(18) The persons specified in this paragraph are—

(a)a person who has an anonymous entry;

(b)the proxy of a person who has an anonymous entry.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I11Reg. 61 in force at 16.2.2001, see reg. 1(1)

[F109Conditions on the use, supply and inspection of absent voter records or listsE+W

61A.  The restrictions on the supply, disclosure and use of the full register in regulations 94 and 96 shall apply to information covered by regulations 61(1)(a) and (b), as they apply to the full register, except that the permitted purpose shall mean either—

(a)[F110Article 89 GDPR purposes;] or

(b)electoral purposes.]

Textual Amendments

Modifications etc. (not altering text)

[F111The personal identifiers recordE+W

61B.—(1) The registration officer shall maintain a record (“the personal identifiers record”), apart from the other records and lists which he is required to keep under Schedule 4, of the signatures and dates of birth provided by persons whose applications under paragraph 3(1) or (2), paragraph 4(1) or (2) or paragraph 7(4)(a) or (b) of Schedule 4 were granted, until the expiry of twelve months from—

(a)the date on which a person is removed from the record kept pursuant to paragraph 3(4) or 7(6) of Schedule 4; or

(b)the date of the poll for the purposes of which the person’s application for an absent vote was granted under paragraph 4(1) or (2) or 7(4)(b) of Schedule 4.

(2) The personal identifiers record shall contain the following information in respect of each absent voter on the postal voters list, list of proxies or proxy postal voters list—

(a)his name;

(b)his date of birth; and

(c)his signature, or a record of the waiver by the registration officer of the requirement for a signature;

(3) The registration officer may disclose information held in the personal identifiers records to—

(a)any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to [F112in regulation 85A];

(b)any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000, but only to the extent required to permit them to observe the proceedings.]

Textual Amendments

Modifications etc. (not altering text)

[F113Notification of a rejected postal voting statement [F114or document] E+W

61C.—(1) Where an absent voter (whether an elector or a proxy), appears on the list created under regulation 87(4) [F115, or on the list created under regulation 87(6) with an indication in accordance with regulation 87(6)(d) that a postal ballot paper was included in rejected postal voting documents,] then—

(a)the registration officer responsible for the personal identifiers record that contains information in respect of the absent voter must notify them (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because—

[F116(i)]the returning officer was not satisfied that the postal voting statement was duly completed;

[F117(ii)the postal ballot paper was handed in at a polling station or for the returning officer, and the relevant officer—

(aa)was not satisfied that the return of postal voting documents form had been completed properly and provided the required information,

(bb)suspected that the person handing it in had handed in postal ballot papers on behalf of more than the permitted number of electors, or

(cc)suspected that the person handing it in was a political campaigner who was committing an offence under section 112A of the 1983 Act;

(iii)the postal ballot paper was a left behind postal voting document;]

(b)the registration officer must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and

(c)the notification must include information as to which of the specified reasons referred to—

[F118(i)]in regulation 87(5) applied to the absent voter’s postal voting statement;

[F119(ii)in regulation 87(7) applied to the absent voter’s postal ballot paper.]

(2) The registration officer is not obliged to send a notification—

(a)to any person who is no longer shown as voting by post in the relevant record at the time the registration officer proposes to send out the notification, or

(b)where the returning officer suspects that an offence may have been committed in relation to the postal ballot paper, postal voting statement or the absent voter’s registration as an elector [F120except where that offence is committed by a political campaigner under section 112A of the 1983 Act].

(3) A notification issued under paragraph (1) may also include any other information that the registration officer considers appropriate, but a notification must not include information held on the personal identifiers record.]

Textual Amendments

F114Words in reg. 61C 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(3)(a)

F116Words in reg. 61C(1)(a) renumbered as reg. 61C(1)(a)(i) (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(3)(b)(ii)(aa)

F118Words in reg. 61C(1)(c) renumbered as reg. 61C(1)(c)(i) (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(3)(b)(iii)(aa)

F120Words in reg. 61C(2)(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(3)(c)

Modifications etc. (not altering text)

C61Reg. 61C 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)(ii))

C65Reg. 61C 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)(ii))

C66Reg. 61C 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)(ii))

Marked register for polling stationsE+W

62.  To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the [F121entry] of that elector in any copy of the register, or part of it, provided for a polling station.

Textual Amendments

Modifications etc. (not altering text)

C69Reg. 62 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

Commencement Information

I12Reg. 62 in force at 16.2.2001, see reg. 1(1)

Certificate of employment at a parliamentary electionE+W

63.—(1) The form of certificate in Form F is hereby prescribed for the purposes of rule 32(3) of the elections rules in Schedule 1 to the 1983 Act.

(2) The prescribed officer of police for those purposes is one of or above the rank of inspector.

Commencement Information

I13Reg. 63 in force at 16.2.2001, see reg. 1(1)

[F122Corresponding number listsE+W

63A.—(1) The form of the corresponding number list to be prepared by a returning officer under rule 19A of the rules in Schedule 1 to the 1983 Act shall be in Form L1.

(2) The form of the corresponding number list to be prepared by a returning officer for the purposes of [F123rules 29(3)(e) and 37(1)(b)] and 37(1)(d) of the rules in Schedule 1 to the 1983 Act shall be in Form L2.

(3) The form of the corresponding number list to be prepared by a returning officer under rule 19A of the rules in Schedule 1 to the 1983 Act, when a parliamentary election is combined with another poll under section 15 of the Representation of the People Act 1985 or [F124section 44 or 45] of the Local Government Act 2000 shall be in Form M1.

(4) The form of the corresponding number list to be prepared by a returning officer for the purposes of [F125rules 29(3)(e) and 37(1)(b)], and 37(1)(d) of the rules in Schedule 1 to the 1983 Act, when a parliamentary election is combined with another poll under section 15 of the Representation of the People Act 1985 or [F126section 44 or 45] of the Local Government Act 2000 shall be in Form M2.]

Textual Amendments

(3)

Section 56(1)(b) was amended by Schedule 2 to the 1985 Act.