The Police and Crime Commissioner Elections Order 2012 No. 1917

SCHEDULES

SCHEDULE 2 U.K. Absent voting in PCC elections

PART 3 U.K. Issue and receipt of ballot papers

Interpretation U.K.

28.  In this Part of this Schedule—

“agent” includes the election agent and a person appointed to attend in the election agent's place;

“ballot paper envelope” and “covering envelope” have the meaning given in paragraph 38;

“issue” includes the original or any subsequent issue;

“postal voters' ballot box” means the ballot box referred to in paragraph 45(1)(a);

“receptacle for ballot paper envelopes” and other references to specified receptacles means the receptacles listed in paragraph 45(5);

“spoilt postal ballot paper” means a ballot paper referred to in paragraph 41;

“valid postal voting statement” means a postal voting statement which, in accordance with paragraph F1 ...51, the local returning officer is satisfied is duly completed.

Textual Amendments

F1 Words in Sch. 2 para. 28 omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 16 (with art. 1(5))

U.K.

Issue of postal ballot papers etc U.K.

Combination of polls U.K.

29.—(1) Where the poll at a PCC election is to be taken together under a relevant provision with the poll at one or more other elections or local referendums, the proceedings on the issue and receipt of postal ballot papers in respect of each election or local referendum may, if the returning officers and counting officers concerned agree, be taken together.

(2) [F2 In sub-paragraph (1),] “relevant provision” means the provisions of section 15(1) or (2) of the Representation of the People Act 1985, as they have effect in relation to PCC elections by virtue of article 13 of this Order.

[F3 (3) Where the poll at a PCC election is to be taken together with the poll at an Assembly election under article 16A of the 2007 Order, the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.]

Textual Amendments

F2 Words in Sch. 2 para. 29(2) inserted (4.3.2016) by The Police and Crime Commissioner Elections (Amendment) Order 2016 (S.I. 2016/300), arts. 1(2), 5(2)(a) (with art. 1(3))

F3 Sch. 2 para. 29(3) inserted (4.3.2016) by The Police and Crime Commissioner Elections (Amendment) Order 2016 (S.I. 2016/300), arts. 1(2), 5(2)(b) (with art. 1(3))

Form of postal voting statementF4 ... U.K.

30.—(1) This paragraph specifies the form of the postal voting statement which is to be used for the purposes of rule 25 of the PCC elections rules.

(2) Form 2 or a form to like effect is to be used at a PCC election taken alone.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F6 Where]—

(a) the proceedings at a PCC election and another election or referendum are taken together, and

(b) the proceedings on the issue and receipt of postal ballot papers at both elections are taken together,

the form of the postal voting statement which is to be used is the form of that statement which is required to be used at that other election or referendum[F7 , with the addition of the appropriate voting instructions for PCC elections.]

(5) Form 4 or a form to like effect is to be used where—

(a) the proceedings at a PCC election and another election or referendum are taken together, but

(b) the proceedings the proceedings on the issue and receipt of postal ballot papers are not taken together.

(6) In this paragraph—

(a) references to a numbered form are to the form of that number which is set out in Part 4 of this Schedule;

[F8 (b) the “appropriate voting instructions for PCC elections” are—

(i) where there are three or more candidates—

“Vote by putting a cross [X] in the box

In column 1 next to your first choice candidate

In column 2 next to your second choice candidate

Your first and second choices should be different.”

(ii) where there are two candidates—

“Vote for only one candidate by putting a cross [X] in the box next to your choice.”]

Textual Amendments

F4 Words in Sch. 2 para. 30 heading omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 17(5) (with art. 1(5))

F5 Sch. 2 para. 30(3) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 17(2) (with art. 1(5))

F6 Word in Sch. 2 para. 30(4) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 17(3)(a) (with art. 1(5))

F7 Words in Sch. 2 para. 30(4) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 17(3)(b) (with art. 1(5))

F8 Sch. 2 para. 30(6)(b) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 17(4) (with art. 1(5))

Persons entitled to be present at proceedings on issue of postal ballot papers U.K.

31.  Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the issue of postal ballot papers other than—

(a) the police area returning officer,

(b) the local returning officer, and

(c) the clerks of either officer.

Persons entitled to be present at proceedings on receipt of postal ballot papers U.K.

32.  Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the police area returning officer,

(b) the local returning officer,

(c) the clerks of either officer,

(d) a candidate,

(e) an agent (including an agent appointed under paragraph 33),

(f) a sub-agent, and

(g) where the proceedings on the receipt of postal ballot papers are taken together with those proceedings at another election or a local referendum, persons entitled to be present at the proceedings for any such other election or local referendum.

Agents of candidates who may attend proceedings on receipt of postal ballot papers U.K.

33.—(1) Each candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number authorised by the local returning officer in respect of each candidate and so long as the number authorised is the same in the case of each candidate.

(2) Notice in writing of the appointment stating the names and addresses of the persons appointed must be given by the candidate to the local returning officer before the time fixed for the opening of the postal voters' ballot box.

(3) Agents may be appointed and notice of appointment given to the local returning officer by the candidate's election agent instead of by the candidate.

(4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29, the officer to whom notice must be given under sub-paragraph (2), (3) or (5) is the returning or counting officer who issues the ballot papers.

(5) If an agent dies or becomes incapable of acting, the candidate may appoint another agent and must forthwith give to the local returning officer notice in writing of the name and address of the agent appointed.

(6) In this Part of this Schedule references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the local returning officer.

(7) A candidate may do any act or thing which any agent of the candidate, if appointed, would have been authorised to do, or may assist such an agent in doing any such act or thing.

(8) Where in this Part of this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy U.K.

34.  The local returning officer must make such arrangements as the officer thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of sub-paragraphs (5) and (7) of article 22 (requirement of secrecy).

[F9 Time when postal ballot papers etc. are to be issued U.K.

35.   Postal ballot papers and postal voting statements must be issued by the local returning officer as soon as it is practicable to do so.]

Textual Amendments

F9 Sch. 2 para. 35 substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 18 (with art. 1(5))

Procedure on issue of postal ballot paper U.K.

36.—(1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.

(2) A mark must be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector's proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper must be marked on the postal voting statement sent with that paper.

(4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29—

(a) one mark must be placed in the postal voters list or the proxy postal voters list under sub-paragraph (2) to denote that ballot papers have been issued in respect of all those elections or local referendums except that, where postal ballot papers are not so issued, a different mark must be placed in the postal voters list or the proxy postal voters list to indicate the election or local referendum in respect of which the ballot paper was issued, and

(b) the number of each ballot paper must be marked on the postal voting statement under sub-paragraph (3).

(5) At a PCC election where the proceedings at that election and another election or a local referendum are taken together but the proceedings on the issue and receipt of postal ballot papers are not, the colour of the postal ballot paper must also be marked on the postal voting statement sent with the ballot paper.

(6) Subject to sub-paragraph (7), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 38 are to be sent is—

(a) in the case of an elector, the address shown in the postal voters list;

(b) in the case of a proxy, the address shown in the proxy postal voters list.

(7) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (6) must be sent (as the case may be) to the address to which postal ballot papers should be sent as mentioned paragraph 4(2) or 7(7).

Refusal to issue postal ballot paper U.K.

37.  Where a local returning officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same elector, the officer must not issue more than one ballot paper in respect of that elector at any one election.

Envelopes U.K.

38.—(1) Sub-paragraphs (2) and (3) prescribe the envelopes which must be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 25 of the PCC elections rules).

(2) There must be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the postal voting statement (referred to as a “covering envelope”) which is to be marked with the letter “B”.

(3) There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which is to be marked with—

(a) the letter “A”,

(b) the words “ballot paper envelope”, and

(c) unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed, the number of the ballot paper or, as the case may be, ballot papers.

(4) Sub-paragraphs (5) and (6) apply where—

(a) by virtue of provisions applied by article 13, the poll at a PCC election is taken together with the polls at an another election or local referendum, but

(b) the proceedings on the issue and receipt of ballot papers are not taken together under paragraph 29.

(5) The envelopes referred to in sub-paragraph (2) must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”.

(6) On the envelopes referred to in in sub-paragraph (3), after the words “Ballot paper envelope”, the words “for the [insert colour of ballot paper] coloured ballot paper”.

Sealing up of completed corresponding number lists and security of special lists U.K.

39.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the local returning officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal the packet.

(2) Until the time referred to in paragraph 48(11), the local returning officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.

Delivery of postal ballot papers U.K.

40.—(1) For the purposes of delivering postal ballot papers, the local returning officer may use—

(a) a postal operator within the meaning of Part 3 of the Postal Services Act 2011 M1 ,

(b) a commercial delivery firm, or

(c) clerks appointed under rule 27 of the PCC elections rules.

(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters must be counted and delivered by the local returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.

(3) Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).

(4) Return postage must be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Marginal Citations

M1 2011 c.5.

Spoilt postal ballot papers U.K.

41.—(1) Where a postal voter (“PV”) has inadvertently dealt with PV's postal ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “ a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”), PV may return (either by hand or by post) to the local returning officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.

(2) Where PV exercises the entitlement conferred by sub-paragraph (1), PV must also return—

(a) the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not,

(b) where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued, whether spoilt or not, and

(c) the envelopes supplied for the return of the documents mentioned in paragraph 38.

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraph (1) (and, where applicable, sub-paragraph (2)), the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day of the poll.

(4) Where the local returning officer receives the documents referred to in sub-paragraph (1) (and, where applicable sub-paragraph (2)), after 5 pm on the day before the day of the poll, the local returning officer must only issue another postal ballot paper or, as the case may be, ballot papers if PV returned the documents by hand.

(5) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (3)—

(a) paragraph 36 (except sub-paragraph (2)),

(b) paragraphs 38 and 39, and

(c) subject to sub-paragraph (8), paragraph 40.

(6) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.

(7) The local returning officer, as soon as practicable after 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 cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.

(8) Where PV applies in person—

(a) by 5 pm on the day before the day of the poll, the local returning officer may hand a replacement postal ballot paper to PV, or

(b) after 5 pm on the day before the day of the poll, the local returning officer may only hand a replacement postal ballot paper to PV,

instead of delivering it in accordance with paragraph 40.

(9) The local returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

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

(b) the number of any postal ballot paper issued under this paragraph, and

(c) where PV is a proxy, PV's name and address.

Lost postal ballot papers U.K.

42.—(1) Where a postal voter claims either to have lost or not to have received—

(a) the postal ballot paper, or

(b) the postal voting statement, or

(c) one or more of the envelopes supplied for their return,

by the fourth day before the day of the poll, the postal voter may apply (whether or not in person) to the local returning officer for a replacement ballot paper.

(2) Such an application must include evidence of the postal voter's identity.

(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return—

(a) the documents referred to in sub-paragraph (1)(a) to (c) , and

(b) where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued,

which the postal voter has received and which have not been lost.

(4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.

(5) The local returning officer, as soon as practicable after 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 cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must be again made up and sealed.

(6) Subject to sub-paragraph (7), where the application is received by the local returning officer before 5 pm on the day of the poll and the local returning officer—

(a) is satisfied as to the postal voter's identity, and

(b) has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return,

the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers.

(7) Where the application is received by the local returning officer after 5 pm on the day before the day of the poll, the officer must only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.

(8) The local returning officer must enter in a list kept for the purpose (“the list of lost postal ballot papers”)—

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

(b) the number of any postal ballot paper issued under this paragraph, and

(c) where the postal voter is a proxy, the proxy's name and address.

(9) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (6)—

(a) paragraph 36 (except sub-paragraph (2)),

(b) paragraphs 38 and 39, and

(c) subject to sub-paragraph (10), paragraph 40.

(10) Where a postal voter applies in person—

(a) by 5 pm on the day before the day of the poll, the local returning officer may hand a replacement postal ballot paper to the postal voter, or

(b) after 5 pm on the day before the day of the poll, the local returning officer may only hand a replacement postal ballot paper to the postal voter,

instead of delivering it in accordance with paragraph 40.

[F10 Cancellation of postal ballot papers U.K.

42A.— (1) Where, after the nineteenth day before the date of the poll at a PCC election the registration officer grants a relevant application or receives a relevant notice, and the application or notice is not to be disregarded for the purposes of that election under paragraph 16, 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 3(5)(a) or 7(6) (postal ballot paper to be sent to different address), 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 36 (except sub-paragraph (2)), 38, 39 and 40 apply to a replacement postal ballot paper issued under sub-paragraph (1).

(5) For the purposes of this paragraph—

(a) a relevant application is an application under—

(i) paragraph 3(5)(a) (postal ballot paper to be sent to different address),

(ii) paragraph 3(5)(b) (voting by proxy by person recorded as voting by post),

(iii) paragraph 5(4) (appointment of proxy),

(iv) paragraph 7(6) (application from postal proxy voter for postal ballot paper to be sent to different address),

(v) a provision mentioned in regulation 78A(1)(a) to (g) of the 2001 Regulations that would otherwise have effect in relation to the PCC election by virtue of paragraph 4, or

(vi) a provision mentioned in paragraph 54A(1)(a) to (g) of Schedule 2 to the European Parliamentary Elections Regulations 2004 that would otherwise have effect in relation to the PCC election by virtue of paragraph 4,

(b) a relevant notice is a notice under—

(i) paragraph 5(6) (cancellation of proxy appointment), or

(ii) paragraph 6(10) of Schedule 4 to the Representation of the People Act 2000 or paragraph 6(9) of Schedule 2 to the European Parliamentary Elections Regulations 2004 that would otherwise have effect in relation to a PCC election by virtue of paragraph 4 of this Schedule.

(6) In computing the period of nineteen days for the purposes of sub-paragraph (1)—

(a) a Saturday or Sunday,

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

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

is to be disregarded.]

Textual Amendments

F10 Sch. 2 para. 42A inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 19 (with art. 1(5))

U.K.

Receipt of postal ballot papers etc U.K.

Alternative means of returning postal ballot paper or postal voting statement U.K.

43.—(1) For the purposes of rule 49(2) of the PCC elections rules, the manner in which a postal ballot paper or postal voting statement at a PCC election for any police area may be returned to a polling station is by hand.

(2) For those purposes, the manner in which such a paper or statement may be returned to the local returning officer, is by hand or by post.

(3) Subject to sub-paragraph (4), the presiding officer of the polling station must deliver, or cause to be delivered, any postal ballot paper or postal voting statement returned to that station to the local returning officer in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 47(1) of the PCC elections rules.

(4) The local returning officer may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of sub-paragraph (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to the local returning officer.

(5) Where the local returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (4) the presiding officer must first make it (or them) up into a packet (or packets) sealed with the presiding officer's own seal and the seals of such polling agents as are present and desire to affix their seals.

Notice of opening of postal ballot paper envelopes U.K.

44.—(1) The local returning officer must give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.

(2) Such a notice must specify—

(a) the time and place at which such an opening is to take place, and

(b) the number of agents a candidate may appoint under paragraph 33 to attend each opening.

Postal ballot boxes and receptacles U.K.

45.—(1) The local returning officer must provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and

(b) postal ballot papers (“postal ballot box”).

(2) Each such ballot box must be marked “postal voters' ballot box” or “postal ballot box” (as the case may be) and marked with—

(a) the name of both the police area and the voting area in relation to which it is to be used at the PCC election, and

(b) where the proceedings at that election and another election or a local referendum are taken together, the name of the parliamentary constituency, local counting area, voting area or, as the case may be, the relevant local authority for which the election or local referendum is held.

(3) The postal ballot box must be shown to those agents present on the occasion of opening the first postal voters' ballot box as being empty.

(4) The local returning officer must then lock the ballot box (if it has a lock) and apply the officer's seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

(5) The local returning officer must provide the following receptacles—

(a) the receptacle for rejected votes,

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the receptacle for ballot paper envelopes,

(d) the receptacle for rejected ballot paper envelopes,

(e) the receptacle for rejected votes (verification procedure), and

(f) the receptacle for postal voting statements (verification procedure).

(6) The local returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Textual Amendments

F11 Sch. 2 para. 45(5)(b) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 20 (with art. 1(5))

Receipt of covering envelope U.K.

46.—(1) The local returning officer must, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.

(2) Where an envelope, other than a covering envelope issued by the local returning officer—

(a) has been opened, and

(b) contains a ballot paper envelope, postal voting statement or ballot paper,

the first-mentioned envelope, together with its contents, must be placed in a postal voters' ballot box.

Opening of postal voters' ballot box U.K.

47.—(1) Each postal voters' ballot box must be opened by the local returning officer in the presence of the agents.

(2) So long as the local returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by the officer.

(3) The last postal voters' ballot box and the postal ballot box must be opened at the verification of the ballot paper accounts under rule 49 of the PCC elections rules.

Opening of covering envelopes U.K.

48.—(1) When a postal voters' ballot box is opened, the local returning officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 46(2)).

F12 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The local returning officer must open separately each covering envelope (including an envelope described in paragraph 46(2)).

[F13 (4) The procedure in paragraph 51 applies where a covering envelope (including an envelope to which paragraph 46(2) applies) contains a postal voting statement.]

(5) Where the covering envelope does not contain the postal voting statement separately, the local returning officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.

[F14 (6) Where a covering envelope does not contain a postal voting statement (whether separately or not) the local returning officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.]

F15 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In carrying out the procedures in this paragraph and paragraphs 50 to 56, the local returning officer—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and

(b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the local returning officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(10) A mark made under sub-paragraph (9) must be distinguishable from and not obscure the mark made under paragraph 36(2).

(11) As soon as practicable after the last covering envelope has been opened, the local returning officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and must seal such a packet.

Textual Amendments

F12 Sch. 2 para. 48(2) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 21(2) (with art. 1(5))

F13 Sch. 2 para. 48(4) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 21(3) (with art. 1(5))

F14 Sch. 2 para. 48(6) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 21(4) (with art. 1(5))

F15 Sch. 2 para. 48(7) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 21(2) (with art. 1(5))

Confirming receipt of postal voting statements U.K.

49.—(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballot papers under paragraph 35 and the close of the poll, that the local returning officer confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned, and

(b) whether the number of the ballot paper issued to the elector or the elector's proxy has been recorded on either of the lists kept by the local returning officer under sub-paragraphs (2) and (3) of paragraph 55.

(2) A request under sub-paragraph (1) must—

(a) be made by any method specified by the local returning officer, and

(b) include any evidence of the voter's identity requested by that officer.

(3) Where a request is received in accordance with sub-paragraph (2) the local returning officer must satisfy himself or herself that the request has been made by the elector or their proxy and, if satisfied that it was, provide confirmation of the matters under sub-paragraph (1).

Procedure in relation to postal voting statements U.K.

F16 50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 2 para. 50 omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 22 (with art. 1(5))

Procedure in relation to postal voting statements: personal identifier verification U.K.

51.— [F17 (1) This paragraph applies in the circumstances described in paragraph 48(4).]

(2) The local returning officer must satisfy himself or herself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.

(3) Where the local returning officer is not satisfied that the postal voting statement is duly completed, the officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope [F18 but there is a ballot paper], the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the local returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and if any of them object to the officer's decision, the officer must add the words “ rejection objected to ”.

(5) The local returning officer must then examine the number (or numbers) on the postal voting statement against the number (or numbers) on the ballot paper envelope and, where they are the same, the officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b) that envelope has no number on it (or only one number when the postal voting statement has more than one),

the local returning officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope,

(b) the ballot paper envelope has been opened under sub-paragraph (6), or

(c) the ballot paper envelope has been opened under paragraph 48(5).

(8) In the circumstances described in sub-paragraph (7), the local returning officer must place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number on the valid postal voting statement;

(b) in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—

(i) there is no ballot paper, or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, the local returning officer must mark the statement to indicate which ballot paper is missing;

(d) in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).

Textual Amendments

F17 Sch. 2 para. 51(1) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 23(1) (with art. 1(5))

F18 Words in Sch. 2 para. 51(3) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 23(2) (with art. 1(5))

Postal voting statements: additional personal identifier verification U.K.

F19 52.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 2 para. 52 omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 24 (with art. 1(5))

Opening of ballot paper envelopes U.K.

53.—(1) The local returning officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) The local returning officer must—

(a) place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope,

(b) place in the receptacle for rejected votes any other ballot paper which must be marked “provisionally rejected” and to which the ballot paper envelope is to be attached, and

(c) place in the receptacle for rejected ballot paper envelopes any ballot paper envelope which must be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating in each case the missing ballot papers).

Retrieval of cancelled postal ballot papers U.K.

54.—(1) Where it appears to the local returning officer that a cancelled postal ballot paper has been placed—

(a) in a postal voters' ballot box,

(b) in the receptacle for ballot paper envelopes, or

(c) in a postal ballot box,

the officer must proceed as follows.

(2) The local returning officer must, on at least one occasion on which a postal voters ballot box is opened in accordance with paragraph 47, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled ballot paper,

(b) show the ballot paper number on the cancelled ballot paper to the agents,

(c) retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements [F20 (verification procedure)],

(d) attach any cancelled postal ballot paper to the postal voting statement to which it relates,

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 41(7) [F21 or 42A(2)], and

(f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 52 of the PCC elections rules, re-lock (if it has a lock) and re-seal the postal ballot box in the presence of the agents.

(3) Whilst retrieving a cancelled ballot paper in accordance with sub-paragraph (2), the local returning officer and the officer's staff—

(a) must keep the ballot papers face downwards and must take proper precautions for preventing any person seeing the votes made on the ballot papers, and

(b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

Textual Amendments

F20 Words in Sch. 2 para. 54(2)(c) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 25(a) (with art. 1(5))

F21 Words in Sch. 2 para. 54(2)(e) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 25(b) (with art. 1(5))

Lists of rejected postal ballot papers U.K.

55.—(1) In respect of any election, the local returning officer must keep [F22 lists relating to rejected postal ballot papers as required by this paragraph].

(2) In the first list, the officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.

(3) In the second list, the officer must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that ballot paper is not received with the postal voting statement.

[F23 (4) In the third list, the officer must record, for every postal voting statement in the receptacle for rejected votes (verification procedure) immediately prior to sealing—

(a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy);

(b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy);

(c) the specified reason or reasons for the rejection of the postal voting statement; and

(d) any other information relating to the rejection that the officer considers appropriate, but not the ballot paper number.

(5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are as follows—

(a) the signature does not match the example held on the personal identifiers record;

(b) the date of birth does not match the one held on the personal identifiers record;

(c) the signature field is blank; or

(d) the date of birth field is blank.]

Textual Amendments

F22 Words in Sch. 2 para. 55(1) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 26(1) (with art. 1(5))

F23 Sch. 2 para. 55(4)(5) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 26(2) (with art. 1(5))

Checking of lists of rejected ballot papers U.K.

56.—(1) Where the local returning officer receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(2) to see whether the number (or numbers) of a postal ballot paper to which the statement relates is entered in that list.

(2) Where the local returning officer receives a postal ballot paper without the postal voting statement to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(3) to see whether the number of that ballot paper is entered in that list.

(3) The local returning officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of the packets from every polling station in, as the case may be, the voting area, parliamentary constituency, local counting area, electoral area or local authority area.

(4) Where the ballot paper number in the list matches that number on a valid postal voting statement or, as the case may be, the postal ballot paper, the local returning officer must retrieve that statement or paper.

(5) The local returning officer must then take the appropriate steps under this Part of this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.

Sealing of packets U.K.

57.—(1) As soon as practicable after the completion of the procedure under paragraph 56(3) and (4), the local returning officer must make up into separate packets the contents of—

(a) the receptacle of rejected votes,

F24 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the receptacle of rejected ballot paper envelopes,

(d) the lists of [F25 spoilt, lost and cancelled] postal ballot papers,

(e) the receptacle of rejected votes (verification procedure), and

(f) the receptacle of postal voting statements (verification procedure),

and must seal up such packets.

(2) Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”.

Textual Amendments

F24 Sch. 2 para. 57(1)(b) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 27(a) (with art. 1(5))

F25 Words in Sch. 2 para. 57(1)(d) substituted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 27(b) (with art. 1(5))

Abandoned poll U.K.

58.—(1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the local returning officer—

(a) must not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of this Schedule, and

(b) must, notwithstanding paragraphs 48 to 53, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

(2) Paragraph (1) does not apply where ballot papers for more than one election have been issued together under paragraph 29.

Forwarding of documents U.K.

59.—(1) The local returning officer must forward to the relevant registration officer at the same time as the local returning officer forwards the documents mentioned in rule 66 of the PCC elections rules—

(a) any packets referred to in paragraphs 39, 41(7), 42(5)[F26 , 42A(2)], 48(11) and 57 (subject to paragraph 58), endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the police area for which the election was held and the name of the voting area for which the local returning officer acts, F27 ...

(b) a completed statement of the number of postal ballot papers issued, which is to be in Form 5 set out in Part 4 of this Schedule or a form to like effect,

[F28 (c) any list compiled under paragraph 55(4).]

(2) Where, under a relevant provision (within the meaning of paragraph 29(2)), the poll at a PCC election is taken together with the poll at one or more other elections or local referendums, a separate statement in the form described in sub-paragraph (1)(b) must be completed for each election or local referendum.

[F29 (2A) Where the poll at a PCC election is taken together with the poll at an Assembly election under article 16A of the 2007 Order, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the PCC election.]

(3) Where—

(a) any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 43(3)),

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

(c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

the local returning officer must put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1).

(4) Rules 67 and 68 of the PCC elections rules apply to any packet or document forwarded under this paragraph [F30 except that in applying those rules the list compiled under paragraph 55(4) must be treated in the same manner as a counted ballot paper].

(5) A copy of the statement referred to in sub-paragraph (1)(b) must be provided by the local returning officer to the [F31 Minister] and the Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day.

(6) For the purposes of computing the period referred to in sub-paragraph (5)—

(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.

(7) In sub-paragraph (3)(c), “spoilt postal ballot paper” has the meaning given in paragraph 41.

Textual Amendments

F26 Word in Sch. 2 para. 59(1)(a) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(2)(a) (with art. 1(5))

F27 Word in Sch. 2 para. 59(1)(a) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(2)(b) (with art. 1(5))

F28 Sch. 2 para. 59(1)(c) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(2)(c) (with art. 1(5))

F29 Sch. 2 para. 59(2A) inserted (4.3.2016) by The Police and Crime Commissioner Elections (Amendment) Order 2016 (S.I. 2016/300), arts. 1(2), 5(3) (with art. 1(3))

F30 Words in Sch. 2 para. 59(4) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(3) (with art. 1(5))

F31 Word in Sch. 2 para. 59(5) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 2(3)(f) (with art. 5(2))

[F32 Notification of a rejected postal voting statement U.K.

59A.— (1) Where a relevant absent voter appears on the list compiled under paragraph 55(4)—

(a) the registration officer responsible for the personal identifiers record that contains information in respect of the absent voter must notify the absent voter (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because the local returning officer was not satisfied that the postal voting statement was duly completed;

(b) the registration officer must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and

(c) the notification must include information as to which of the specified reasons referred to in paragraph 55(5) applied to the postal voting statement.

(2) The registration officer is not obliged to send a notification—

(a) to any person who is no longer shown as voting by post in the relevant record at the time the registration officer proposes to send the notification; or

(b) where the registration officer suspects that an offence may have been committed in relation to the postal ballot paper, the postal voting statement or the absent voter’s registration as an elector.

(3) A notification issued under sub-paragraph (1) may also include any other information that the registration officer considers appropriate, but a notification must not include information held on the personal identifiers record.

(4) For the purposes of this paragraph and paragraph 59B, a “relevant absent voter” means an absent voter who—

(a) appears on the postal voters list by virtue of paragraph 4(2)(a), or

(b) appears as a proxy on the list of proxies by virtue of paragraph 4(3)(a).]

Textual Amendments

F32 Sch. 2 paras. 59A, 59B inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 29 (with art. 1(5))

[F32 Requirement to provide fresh signatures following rejection of a postal voting statement U.K.

59B.— (1) This paragraph applies where a relevant absent voter is notified under paragraph 59A that the signature does not match the example held on the personal identifiers record, and the absent voter continues to be shown on the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 as voting by post.

(2) Where this paragraph applies, the registration officer may require the absent voter to provide a fresh signature for the personal identifiers record in accordance with regulation 60B(2) to (11) of the 2001 Regulations or, as the case may be, paragraph 31B(2) to (11) of Schedule 2 to the European Parliamentary Elections Regulations 2004.]

Textual Amendments

F32 Sch. 2 paras. 59A, 59B inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 29 (with art. 1(5))