PART IVABSENT VOTERS
Closing date for applicationsI1C156
1
An application under paragraph F33(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.
2
F13Subject to paragraph F17(2ZA)F23..., an application under paragraph F43(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.
F182ZA
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 election if it is received by the registration officer after 5pm on the day of the poll at that election.
F112A
An application under paragraph 6(7) of Schedule 4 which is made in the circumstances set out in paragraph (2B) shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after 5pm on the day of the poll at that election.
2B
The circumstances are that—
a
the applicant is, at the time the application is made, included in the register kept under paragraph 3 of Schedule 4, and
b
the person already appointed as the applicant’s proxy at the time the application is made (“P”) considers that they are, or are likely to be, unable to attend the allotted polling station on the day of the poll referred to in paragraph (2A)—
i
for reasons relating to compliance by P with a legal requirement to self-isolate;
ii
F15because P has been notified that they are clinically extremely vulnerable in respect of coronavirus or (as the case may be) at the highest risk of severe illness from coronavirus, or because attendance would otherwise be contrary to coronavirus advice given to P;
F15because attendance would be contrary to coronavirus advice given to P;
iii
because, due to P’s particular circumstances, attendance would give rise to a risk of transmission of coronavirus by P to another person.
F23
Subject to paragraph (3A) F19or (3D), 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.
F73A
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
F14aza
on grounds relating to coronavirus; or
F9aa
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.
F123B
For the purposes of paragraph (3A)(aza) an application is made on grounds relating to coronavirus if it is made—
a
because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;
b
F16because A has been notified that they are clinically extremely vulnerable in respect of coronavirus or (as the case may be) at the highest risk of severe illness from coronavirus, or because A considers that attendance at the allotted polling station would otherwise be contrary to coronavirus advice given to A;
F16because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;
c
because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;
d
where A already has a person appointed as proxy under paragraph 6(8) of Schedule 4 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of sub-paragraphs (a), (b) or (c) applies (reading references in those sub-paragraphs to A as references to P).
3C
In this regulation—
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.
F203D
Where an application is made under paragraph 4(2) or 6(8) of Schedule 4 in relation to a parliamentary election on grounds relating to voter identification F22or 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).
F213F
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 F54(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.
F203D
Where an application is made under paragraph 4(2) or 6(8) of Schedule 4 in relation to a parliamentary election on grounds relating to voter identification, 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).
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 F15.00 p.m. on the eleventh day before the date of the poll at that election.
F105A
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, F6... 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 197138 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 Scotland;
except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b) and not (a), shall apply.
F88
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