The European Parliamentary Elections Regulations 2004

[F1 [F2 Cancellation of postal ballot papers E+W+S

54A.— (1) Where, after the nineteenth day before the date of the poll at an election, an application under—

(a) paragraph 3(5)(a) (application to be removed from record of absent voters),

(b) paragraph 3(6) or 4(4)(b) (application to vote by proxy by person recorded as voting by post),

(c) paragraph 3(7) (application to vote by post by person recorded as voting by proxy),

(d) paragraph 4(4)(a) (application for postal ballot paper to be sent to different address),

(e) paragraph 6(7) (appointment of proxy),

(f) paragraph 7(7) (application from postal proxy voter for postal ballot paper to be sent to different address), or

(g) paragraph 7(10)(a) (application by proxy to be removed from record of postal proxies),

is granted or a notice under paragraph 6(9) (cancellation of proxy appointment) is received, and the application or notice is not to be disregarded for the purposes of that election under paragraph 26, the registration officer must notify the local returning officer who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application under paragraph 4(4)(a) or 7(7), must issue a replacement postal ballot paper.

(2) Where a person returns a postal ballot paper that has been or is to be cancelled in accordance with sub-paragraph (1) (whether to the registration officer or the local returning officer), it must be dealt with as follows—

(a) the ballot paper, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the registration officer, must be given by the registration officer to the local returning officer;

(b) any document returned in accordance with this sub-paragraph but not cancelled in accordance with sub-paragraph (1) must be immediately cancelled;

(c) the local returning officer, as soon as practicable after receiving and cancelling those documents, must make up those documents in a separate packet and must seal the packet, and if on any subsequent occasion documents are returned in accordance with this sub-paragraph, the sealed packet must be opened, the additional cancelled documents included in it and the packet must be again made up and sealed;

(3) The local returning officer must enter in a list kept for the purpose of recording postal ballot papers cancelled under this paragraph (“the list of cancelled postal ballot papers”)—

(a) the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, their electoral number alone);

(b) the number of the cancelled postal ballot paper;

(c) the number of any replacement postal ballot paper issued under sub-paragraph (1); and

(d) where the postal voter is a proxy, their name and address.

(4) Paragraphs 48 (except sub-paragraph (2)), 50, 51 and 52 apply to a replacement postal ballot paper issued under sub-paragraph (1).

[F3 (5) Rule 2 of Schedule 1 applies to the computation of the period of nineteen days for the purposes of sub-paragraph (1) as it applies to the computation of a period for the purposes of rule 1 of that Schedule.]]]

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3

F2 Sch. 2 para. 54A inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 43

F3 Sch. 2 para. 54A(5) inserted (4.4.2014) by The European Parliamentary Elections (Amendment) Regulations 2014 (S.I. 2014/923), regs. 1(2), 4(3)