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

Changes over time for: Section 56

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Status:

Point in time view as at 12/12/2023.

Changes to legislation:

The Representation of the People (England and Wales) Regulations 2001, Section 56 is up to date with all changes known to be in force on or before 13 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.

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Closing date for applicationsE+W

56.—(1) An application under paragraph [F13(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.

[F2(1B) Paragraph (2) is subject to paragraph (2ZA).]

(2) [F3Subject to paragraph (3B),] F4... an application under paragraph [F53(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.

[F6(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.]

[F7(2C) Paragraph (3) is subject to paragraph (3D).]

[F8(3) [F9Subject 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.

[F10(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

[F11(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.]]

[F12(3B) Where an application is made under [F13paragraphs 4(2), 6(7) or 6(8)] of Schedule 4 in relation to a [F14relevant 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 F15... shall be refused if it is received after 5pm on the day of the poll at the election for which it is made.

[F16(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.]]

[F17(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 [F18or 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).]

[F19(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 [F204(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 [F215 p.m. on the eleventh day before the date of the poll at that election].

[F22(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, F23... 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(1) 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

F1Words in reg. 56(1) substituted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 6(2)

F2Reg. 56(1B) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 38(7)(a) (with reg. 1(6)(7))

F3Words in reg. 56(2) inserted (25.2.2021) by The Representation of the People (Amendment) (Wales) (Coronavirus) Regulations 2021 (S.I. 2021/193), regs. 1(2), 2(2)

F4Words in reg. 56(2) omitted (27.2.2022) by virtue of The Representation of the People (Proxy Vote Applications) (Coronavirus) (Amendment) Regulations 2022 (S.I. 2022/175), regs. 1(1), 3(b) (with regs. 1(2)(3), 2)

F5Words in reg. 56(2) substituted (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 6(3)

F6Reg. 56(2ZA) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 38(7)(b) (with reg. 1(6)(7))

F7Reg. 56(2C) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 38(7)(c) (with reg. 1(6)(7))

F8Reg. 56(3)-(3A) substituted for reg. 56(3) (23.3.2006) by The Representation of the People (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/752), regs. 1(1), 6(4)

F9Words in reg. 56(3) substituted (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 8(2)(a) (with reg. 8(3)(4))

F10Reg. 56(3A) 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), 44

F11Reg. 56(3A)(aa) 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), 25(1); S.I. 2014/414, art. 3(a)