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The Representation of the People (England and Wales) Regulations 2001
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Changes over time for: Section 88
Version Superseded: 06/04/2014
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Checking of lists kept under regulation 87E+W
88.—(1) Where the returning officer receives a valid [F1postal voting statement] without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(2) above to see whether the number (or numbers) of a postal ballot paper to which the [F2statement] relates is entered in that list.
(2) Where the returning officer receives a postal ballot paper without the [F1 postal voting statement] to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(3) above to see whether the number of that ballot paper is entered in that list.
(3) The returning officer shall conduct the checks required by paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 43(1) of the elections rules.
(4) Where the ballot paper number in the list matches that number on a valid [F1 postal voting statement] or, as the case may be, the postal ballot paper, the returning officer shall retrieve that [F3statement] or paper.
(5) The returning officer shall then take the appropriate steps under this Part of these Regulations as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.
Textual Amendments
F1Words in Regulation substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(a) (with reg. 1(2)(3)(e))
F2Word in reg. 88(1) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(iii) (with reg. 1(2)(3)(e))
F3Word in reg. 88(4) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(iii) (with reg. 1(2)(3)(e))
Modifications etc. (not altering text)
C1Reg. 88 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6
C2Reg. 88 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)
Commencement Information
I1Reg. 88 in force at 16.2.2001, see reg. 1(1)
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