The European Parliamentary Elections Regulations 2004

[F1 PART 2 E+W+S APPLICATIONS

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

Forms E+W+S

12.— (1) The registration officer must supply free of charge as many forms for use in connection with applications made under this Part, Part 3 and Part 4 as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with an election.

(2) The forms set out in the Appendix to this Schedule or forms substantially to the like effect may be used with such variations as the circumstances may require.

Communication of applications, notices etc E+W+S

13.   The requirement in this Part, Part 3 and Part 4 that any application, notice, representation or objection should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a) is transmitted by electronic means;

(b) is received in legible form; and

(c) is capable of being used for subsequent reference.

Electronic signatures and related certificates E+W+S

14.— (1) A requirement in this Part, Part 3 and Part 4 for an application, notice, representation or objection to be signed is satisfied (as an alternative to the signature given by hand) where there is—

(a) an electronic signature incorporated into or otherwise logically associated with a particular electronic communication; and

(b) the certification by any person of such a signature.

(2) For the purposes of this paragraph an electronic signature is so much of anything in electronic form as—

(a) is incorporated into or otherwise logically associated with any electronic communication or both; and

(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(3) For the purposes of this paragraph an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a) the signature;

(b) a means of producing, communicating or verifying the signature; or

(c) a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

(4) This paragraph does not apply to the provision of signatures under paragraphs 17(4), 31(1)(a) and 36(2) which must be given by hand.

Time E+W+S

15.— (1) Where the day or last day of the time allowed by this Part, Part 3 and Part 4 for the doing of any thing falls on any of the days mentioned in sub-paragraph (3), that time must be extended until the next following day which is not one of those days.

(2) Subject to paragraph 26(7), in computing any period of not more than 7 days for the purposes of this Part, Part 3 and Part 4 any of the days mentioned in sub-paragraph (3) must be disregarded.

(3) The days referred to in sub-paragraphs (1) and (2) are a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday.

(4) In sub-paragraph (3) “bank holiday” means—

(a) as respects the combined region, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales and a bank or public holiday in Gibraltar not otherwise falling within sub-paragraph (3);

(b) as respects an electoral region other than Scotland or the combined region, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales; and

(c) as respects Scotland, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.

Interference with notices etc E+W+S

16.   Any person who without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties or any copies of a document which have been made available for inspection in pursuance of those duties, is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

General requirements for applications for an absent vote E+W+S

17.— (1) An application under this Part must comply with the requirements of this paragraph and such further requirements in this Part as are relevant to the application.

(2) The application must state—

(a) the full name of the applicant;

(b) the address in respect of which the applicant is registered 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);

(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 (2)(b);

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

(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;

(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 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.

(3) The application must be made in writing and must be dated.

(4) 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 must 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 must be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(5) Where the application contains a request that the registration officer waive the requirement for a signature, sub-paragraph (4)(a) does not apply.

(6) An application under this Schedule which is made for an indefinite period or the period specified in the application must state—

(a) that it is so made; and

(b) that it is made for European Parliamentary elections.

(7) An application under this Schedule which is made for a particular European Parliamentary election must—

(a) state that it is so made; and

(b) identify the election in question.

(8) Where an application is made to vote by proxy, it must include an application for the appointment of a proxy which meets the requirements of paragraph 22.

(9) An application under this Part may be combined with an application for an absent vote made under the 2001 Regulations, including those Regulations as applied by regulations under sections 44 and 105 or 45 and 105 of the Local Government Act 2000, or the 2001 (Scotland) Regulations.

Modifications etc. (not altering text)

C1 Sch. 2 para. 17(9) modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 13(a)

The personal identifiers record E+W+S

18.— (1) The registration officer must maintain a record (“the personal identifiers record”), apart from the other records and lists which he is required to keep under this Schedule, 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) were granted, until the expiry of 12 months from—

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

(2) The personal identifiers record must 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 allow the disclosure of information held in the personal identifiers record to—

(a) any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes of paragraphs 62 and 63;

(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 2000 Act, but only to the extent required to permit them to observe the proceedings.

Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant E+W+S

19.   The registration officer may satisfy himself—

(a) that an application under this Schedule 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 council that appointed the registration officer or to a registrar of births and deaths, which the registration officer is authorised to inspect by virtue of regulation 35 of the 2001 Regulations or regulation 35 of the 2001 (Scotland) Regulations or paragraph 8(4) of Schedule 1 to the 2004 Act 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.

Additional requirement for applications for ballot papers to be sent to different address from that stated in application E+W+S

20.— (1) Sub-paragraph (2) applies where—

(a) in the case of an application to vote by post under paragraph 3(1) or (7) or 4(1), the addresses stated in accordance with paragraph 17(2)(b) and (d) are different;

(b) in the case of an application by a proxy to vote by post under paragraph 7(4), the proxy’s address stated in accordance with paragraph 17(2)(c) and the address stated in accordance with paragraph 17(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 paragraph 17(2)(d).

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

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) E+W+S

21.— (1) An application under—

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

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

for his ballot paper to be sent to a different address from that shown in the records must 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.

(2) This paragraph does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for the appointment of a proxy E+W+S

22.   An application for the appointment of a proxy under paragraph 3 or 4 must state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and—

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

Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or other disability E+W+S

23.— (1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(c) must specify the disability by reason of which it is made.

(2) Subject to sub-paragraphs (3) and (6), such an application must be attested and signed by—

(a) a registered medical practitioner;

(b) a registered nurse;

(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 section 36(1) of the Opticians Act 1989;

(e) a registered pharmacist within the meaning of article 3(1) of the Pharmacists and Pharmacy Technicians Order 2007;

(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;

(i) a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists;

(j) a person who is registered as a member of a relevant profession for the purposes of the [F2 Health and Social Work Professions Order 2001];

(k) the person registered —

(i) in England and Wales, as carrying on a care home registered under Part 2 of the Care Standards Act 2000, or

(ii) in Scotland, as managing a care home service registered under [F3 Part 5 of the Public Services Reform (Scotland) Act 2010];

where the applicant states that he is resident in such a home;

(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 —

(i) in England and Wales, within the meaning of section 145(1) of the Mental Health Act 1983, or

(ii) in Scotland, within the meaning of section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003 responsible for the administration of a hospital within the meaning of that section,

or a person authorised to act on behalf of such a manager for these purposes;

(n) a person registered in the register of social workers maintained—

(i) in F4 ...Wales, in accordance with section 56 of the Care Standards Act 2000, or

(ii) in Scotland, in accordance with section 44 of the Regulation of Care (Scotland) Act 2001,

(o) in Gibraltar, in the case of an applicant who is resident in a residential home for persons of pensionable age or for physically disabled persons, a senior nursing officer of the home; and

(p) in Gibraltar, any person registered under the provisions of the Medical and Health Act 1997.

(3) A person who qualifies—

(a) by virtue of any of sub-paragraphs (2)(a) to (j) 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

[F5 (iii) the person is a social worker who qualifies by virtue of sub-paragraph (2)(j), and has arranged care or assistance for the applicant in respect of that disability; or]

(b) by virtue of sub-paragraph (2)(n) 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 applicant in respect of that disability.

(4) The person attesting the application must 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 sub-paragraph (3)(a), 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 sub-paragraph (3)(b), 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) A manager (or person authorised to act on behalf of such a manager) attesting an application by virtue of sub-paragraph (2)(m) must, instead of the matters specified in sub-paragraph (4)(a), state in the attestation—

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

(b) that the person is authorised to attest the application;

(c) the position of the person in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

(d) the statutory provision under which the applicant is detained, or liable to be detained, at the hospital, where applicable.

(6) Sub-paragraphs (2), (4) and (5) do not apply where—

(a) in England and Wales, the application is based on the applicant’s blindness and the applicant is registered as a blind person by the local authority which is specified in the application and which has made arrangements for the applicant under section 29(1) of the National Assistance Act 1948;

(b) in Gibraltar, the application is based on the applicant’s blindness and the applicant is registered as a blind person by the Gibraltar Health Authority;

(c) in Scotland, the application is based on the applicant’s blindness and the applicant is registered as a blind person by a local authority which is specified in the application; or

(d) 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) because of the disability specified in the application.

(7) The fact that an applicant is registered with a local authority, or the Gibraltar Health Authority, as mentioned in sub-paragraph (6) shall be deemed sufficient evidence that he is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).

(8) In this paragraph and in paragraphs 24 and 25 “allotted polling station”, in relation to an elector, means the polling station to which the elector is allotted or likely to be allotted under rule 29(1) of the European Parliamentary elections rules.

Textual Amendments

F2 Words in Sch. 2 para. 23(2)(j) substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 36(a)

F3 Words in Sch. 2 para. 23(2)(k)(ii) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 38

F4 Words in Sch. 2 para. 23(2)(n)(i) omitted (1.8.2012) by virtue of The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 36(b)

F5 Sch. 2 para. 23(3)(a)(iii) added (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 36(c)(iii)

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

24.— (1) An application to vote by proxy for a particular or indefinite period under paragraph 3(3)(d) must state—

(a) whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse or civil partner or, as the case may be, it is the applicant or his spouse or 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 must 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 principal or head.

(3) The person attesting an application under sub-paragraph (2) must—

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

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

(4) The person attesting an application under sub-paragraph (2) must 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 paragraph, one person is related to another if he is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the other.

Additional requirements for applications for a proxy vote in respect of a particular election E+W+S

25.— (1) An application under paragraph 4(2) to vote by proxy at a particular election must 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.

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

(a) is made on the grounds of the applicant’s disability; 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 paragraph 23 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in sub-paragraph (2) is made, the person who attests the application must state, in addition to those matters specified in paragraph 23, to the best of his knowledge and belief, the date upon which the applicant became disabled.

(4) Where an application under paragraph 4(2) is made by a person to whom paragraph 2(6) 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 sub-paragraph (5) as to the matters to be specified and as to attestation shall apply.

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

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

(b) the application must be attested by the manager, within the meaning of section 145(1) of the Mental Health Act 1983, or section 329 of the Mental Health (Care and Treatment)(Scotland) Act 2003, responsible for the administration of the hospital at which the applicant is liable to be detained, or a person authorised to act on behalf of such a manager for these purposes, or, in Gibraltar, by the Chief Executive of the Gibraltar Health Authority or a person authorised to act on his behalf, and the attestation must state—

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

(ii) that the person, is authorised to attest the application;

(iii) the position of the person in the hospital at which the applicant is liable to be detained; and

(iv) the statutory provision under which the applicant is detained, or liable to be detained, at the hospital, where applicable.

(6) This paragraph does not apply where the applicant has an anonymous entry.

Closing date for applications E+W+S

26.— (1) An application under paragraph 3(1), (6) and (7) or 7(4) must be disregarded for the purposes of a particular European Parliamentary election and an application under paragraph 4(4) must 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) An application under paragraph 3(2) or 6(6) must be disregarded for the purposes of a particular European Parliamentary 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.

(3) Subject to sub-paragraph (4), an application under paragraph 4(2) or 6(7) must 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.

(4) Where an application made under paragraph 4(2) 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

(b) by a person to whom paragraph 2(6) applies,

the application, or an application under paragraph 6(7) made by virtue of that application, must be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.

(5) An application under paragraph 4(1) or 7(7) must 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.

(6) An application under—

(a) paragraph 3(5)(a) by an elector to be removed from the record kept under paragraph 3(4); or

(b) paragraph 7(10)(a) by a proxy to be removed from the record kept under paragraph 7(6),

and a notice under paragraph 6(9) by an elector cancelling a proxy’s appointment must be disregarded for the purposes of a particular European Parliamentary election 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.

(7) In computing a period of days for the purposes of this paragraph, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday must be disregarded.

(8) In sub-paragraph (7) “bank holiday” means—

(a) in relation to a general election in the combined region, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom or a bank or public holiday in Gibraltar not otherwise falling within sub-paragraph (7);

(b) in relation to a by-election in the combined region a day, which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales or a bank or public holiday in Gibraltar not otherwise falling within sub-paragraph (7);

(c) in relation to a general election in a region other than the combined region, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom; and

(d) in relation to a by-election in a region other than the combined region, a day which is a bank holiday under that Act in that part of the United Kingdom in which the electoral region is situated.

Grant or refusal of applications E+W+S

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

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

(3) Where the registration officer refuses an application under this Part, he must notify the applicant of his decision and of the reason for it.

(4) Where the returning officer grants an application made under—

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

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

he must notify the applicant of this.

(5) Where a person is removed from the record kept pursuant to paragraph 3(4) or 7(6), the registration officer must where practicable notify him of this and the reason for it.

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

(7) Where, under paragraph 26, a registration officer disregards an application for the purposes of any particular European Parliamentary election, he must notify the applicant of this.

(8) At a European Parliamentary election where the registration officer is not the local returning officer for any local counting area or part of such area in the area for which he is the registration officer, he must send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.

Notice of appeal E+W+S

28.— (1) A person desiring to appeal under regulation 21(1) 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 paragraph 27(3) specifying the grounds of appeal.

(2) The registration officer must forward any such notice to the appropriate county court or, in Gibraltar, the Gibraltar 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) In Scotland, the registration officer must forward any such notice to the sheriff 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; and he must give to the sheriff any other information which the sheriff may require and which the registration officer is able to give.

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

Cancellation of proxy appointment E+W+S

29.   Where the appointment of a proxy is cancelled by notice given to the registration officer under paragraph 6(9) or ceases to be in force under that provision or is no longer in force under paragraph 6(10)(b), the registration officer must—

(a) notify the person whose appointment as proxy has been cancelled, expired 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).

Inquiries by registration officer E+W+S

30.— (1) The registration officer may, at such times as he thinks fit, make inquiries of a person who is shown as voting by proxy in the record kept under paragraph 3(4) in pursuance of an application granted on the grounds set out in paragraph 3(3)(c) or (d) 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 particular period was based on the grounds referred to in paragraph 3(3)(d), the registration officer must 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.

Requirement to provide fresh signatures at five yearly intervals E+W+S

31.— (1) The registration officer must every year by 31st January send every person who remains an absent voter at European Parliamentary elections 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 (6 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 3 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 must be prepaid.

(5) A notice or copy of a notice sent to an absent voter in accordance with sub-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 or Gibraltar, return postage must be prepaid.

(6) The registration officer must determine, not later than the date specified in the notice sent to the absent voter, 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, he must from the date specified in the notice sent to the absent voter in accordance with sub-paragraph (1)(b) remove that person’s entry from the records kept pursuant to paragraph 3(4) or 7(6) 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).

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

(a) the registration officer must inform the absent voter, where appropriate, of the location of his allotted polling station or the polling station to which he is likely to be allotted (as determined in accordance with the European Parliamentary elections rules);

(b) paragraph 27(3) and paragraph 28 shall apply as if the registration officer were refusing an application under this Schedule; 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 must include in the notice to be sent to an absent voter regarding his removal from the records kept pursuant to paragraph 3(4) or 7(6) 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), information—

(a) explaining the effect of such removal; and

(b) reminding the absent voter that he may make a fresh application under Part 2 to vote by post or by proxy (as the case may be).

(10) Where a person to whom sub-paragraph (1) applies has provided a registration officer with the required personal identifiers under paragraph 3, 4 or 7 of Schedule 4 to the Representation of the People Act 2000, the 2001 Regulations, the 2001 (Scotland) Regulations, the Scottish Parliament (Elections etc.) Order 2007 or the National Assembly for Wales (Representation of the People) Order 2007 before the date specified in the notice sent to the absent voter in accordance with sub-paragraph (1)(b), the registration officer may use them and enter them in his records in accordance with paragraphs 3(9), 4(7), 7(13) and 18.

Records and lists kept under this Schedule E+W+S

32.— (1) Any person entitled to be supplied in accordance with regulation 103, 105, 106 or 108 of the 2001 Regulations, or in accordance with regulation 102, 104, 105 or 107 of the 2001 (Scotland) Regulations, or in accordance with paragraphs 52, 53, 54 or 56 of Schedule 1 to the 2004 Act, with copies of the full register is also a person entitled, subject to this paragraph and to paragraph 33, 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 European Parliamentary 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);

(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).

(2) A request under paragraph (1) must be made in writing and must 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 paragraph may use it only for the permitted purposes specified in paragraph 33, and any restrictions—

(a) specified in that paragraph; or

(b) which would apply to the use of the full register under whichever of regulation 103, 105, 106 or 108 of the 2001 Regulations, or regulation 102, 104, 105 or 107 of the 2001 (Scotland) Regulations or paragraphs 53 or 56 of Schedule 1 to the 2004 Act, entitled that person to obtain that information,

shall apply to such use.

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

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

(6) As soon as practicable after 5p.m. on the sixth day before the day of the poll the registration officer must—

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

(b) if he is not the local returning officer for the local counting area or part of a local counting area for which he is registration officer, send that officer a copy of those lists; and

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

(7) The registration officer must supply a final copy of the list of proxies kept under paragraph 5(3), updated to include any additions to that list made in consequence of any applications granted in accordance with paragraph 26(4), as soon as practicable after 5p.m. on the day of the poll, to every person who received that list in accordance with sub-paragraph (6)(b).

(8) Any person who has obtained or is entitled to obtain a copy of information specified in sub-paragraph (1) may—

(a) supply a copy of the information to a processor, within the meaning of rule 67 of the European Parliamentary elections rules, 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 paragraph,

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

(9) Paragraphs (2) and (3) of regulation 92 of the 2001 regulations and the condition in paragraph (9) of that regulation, or paragraph (4) of regulation 114 of the 2001 (Scotland) Regulations, or, as appropriate, paragraph 44(9) of Schedule 1 to the 2004 Act, shall be taken to apply to the supply and processing of information supplied under this paragraph as they apply to the supply and processing of the full register under Part 6 of the 2001 Regulations, under Part 6 of the 2001 (Scotland) Regulations or under Part 3 of Schedule 1 to the 2004 Act.

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

(11) A request under sub-paragraph (10) must be made in writing and must 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 printed or data form.

(12) The registration officer must 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 must 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 or paragraph 21 of Schedule 4 to these Regulations, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which he holds it.

(16) For the purposes of this paragraph—

(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 is to be calculated in accordance with paragraph 26(7).

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

Conditions on the use, supply and inspection of absent voter records or lists E+W+S

33.   The restrictions on the supply, disclosure and use of the full register in regulations 94 and 96 of the 2001 Regulations or, as appropriate, regulations 94 and 95 of the 2001 (Scotland) Regulations or paragraphs 46 and 47 of Schedule 1 to the 2004 Act, apply to information specified in paragraph 32(1)(a) and (b) as they apply to the full register, except that the permitted purpose is to mean either—

(a) research purposes, including statistical or historical purposes; or

(b) electoral purposes.

Marked register for polling stations E+W+S

34.   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” must be placed against the entry of that elector in any copy of the register, or part of it, provided for a polling station.]