The Police and Crime Commissioner Elections Order 2012

Closing date for applications U.K.

16.—(1) Subject to sub-paragraph (2) [F1 and (2C)], an application under paragraph 3(2) F2 ... or 5(4) is to be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made.

(2) Where an application made under paragraph 3(2) F3 ...is made—

(a) on the grounds of the applicant's disability and the applicant became disabled after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, or

[F4 (aza) on grounds relating to coronavirus, or]

[F5 (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 the poll at the election for which it is made, or]

[F6 (ab) in the circumstances set out in sub-paragraph (2E), or]

(b) by a person to whom paragraph 1(6) applies,

the application, or an application under paragraph 5(4) made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

[F7 (2A) For the purposes of sub-paragraph (2)(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;

[F8 (b) because 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 5 (“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 paragraphs (a), (b) or (c) applies (reading references in those paragraphs to A as references to P).

(2B) In this paragraph—

“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.]

[F9 (2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.]

[F10 (2E)  The circumstances are that the application was—

(a) submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made,

(b) submitted via the digital service, and

(c) not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made due to a technical defect in the digital service.]

(3) An application under paragraph 3(1)[F11 , 3(5)] or 7(6) is to be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at the PCC election for which it is made.

(4) A notice under paragraph 5(6) by an elector cancelling a proxy's appointment is to be disregarded for the purposes of a particular PCC election if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at that election.

[F12 (4A) Sub-paragraph (4B) applies to—

(a) any application or notice mentioned in sub-paragraphs (1) to (4);

(b) any application or notice mentioned in regulation 56 of the 2001 Regulations F13 ..., that would otherwise have effect in relation to a PCC election by virtue of paragraphs 2 and 4(2)(a) or 4(3)(a).

(4B) An application or notice to which this sub-paragraph applies must be disregarded for the purposes of the particular PCC 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 local returning officer (except where it has been returned in accordance with paragraph 41 or 42 (spoilt and lost postal ballot papers)).]

(5) In computing a period of days for the purposes of this paragraph—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c) a day appointed for public thanksgiving or mourning,

is to be disregarded.

Textual Amendments

F1 Words in Sch. 2 para. 16(1) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 59(2)(d)(i) (with reg. 1(6)(7))

F2 Words in Sch. 2 para. 16(1) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 13(2) (with art. 1(5))

F3 Words in Sch. 2 para. 16(2) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 13(3) (with art. 1(5))

F4 Sch. 2 para. 16(2)(aza) inserted (temp.) (24.3.2021) by virtue of The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 (S.I. 2021/391), regs. 1(1), 5(3)(a) (with reg. 2)

F5 Sch. 2 para. 16(2)(aa) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 13(4) (with art. 1(5))

F6 Sch. 2 para. 16(2)(ab) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 17(5)(h)(i)

F7 Sch. 2 para. 16(2A)(2B) inserted (temp.) (24.3.2021) by virtue of The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021 (S.I. 2021/391), regs. 1(1), 5(3)(b) (with reg. 2)

F8 Sch. 2 para. 16(2A)(b) substituted (temp.) (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), 5 (with regs. 1(3), 2)

F9 Sch. 2 para. 16(2C)(2D) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 59(2)(d)(ii) (with reg. 1(6)(7))

F10 Sch. 2 para. 16(2E) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 17(5)(h)(ii)

F11 Word in Sch. 2 para. 16(3) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 13(5) (with art. 1(5))

F12 Sch. 2 para. 16(4A)(4B) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 13(6) (with art. 1(5))

F13 Words in Sch. 2 para. 16(4A)(b) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 Table 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))