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Version Superseded: 31/12/2020
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16.—(1) Subject to sub-paragraph (2), an application under paragraph 3(2) F1... 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) F2...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
[F3(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]
(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.
(3) An application under paragraph 3(1)[F4, 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.
[F5(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 or paragraph 26 of Schedule 2 to the European Parliamentary Elections Regulations 2004, 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
F1Words 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))
F2Words 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))
F3Sch. 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))
F4Word 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))
F5Sch. 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))
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