38.—(1) No person other than—
(a)the petition officer,
(b)any assistants of the petition officer, and
(c)a person who is entitled to attend by virtue of any of sections 6A to 6C of PPERA 2000 (attendance of Electoral Commission and accredited observers at elections etc),
may be present at the counting of the signing sheets, unless permitted by the petition officer to attend.
(2) A person not entitled to attend at the counting of the signing sheets must not be permitted to do so by the petition officer unless the petition officer is satisfied that the efficient counting of the signing sheets will not be impeded.
Commencement Information
I1Reg. 38 in force at 4.3.2016, see reg. 1
39.—(1) The petition officer must take reasonable steps to begin counting the signatures given on the signing sheets as soon as practicable after the end of the signing period and, in any event, no later than one day after the end of that period.
(2) The petition officer must in the presence of any person mentioned in regulation 38 (attendance at counting of signatures) who attends the count—
(a)count and record the number of signing sheets received by virtue of regulation 33(2)(b) or (4) (daily verification) and regulation 37(3) (procedure on close of petition);
(b)verify the final signing sheet account for each petition signing place;
(c)count such of the postal signing sheets as have been duly returned and record the number counted.
(3) In relation to a petition in England and Wales or Scotland, a postal signing sheet must not be taken to be duly returned unless—
(a)it is returned in accordance with regulation 99 (alternative means of returning postal signing sheets, postal petition statements and declarations of identity);
(b)it is accompanied by the postal petition statement, duly signed, and reaches the petition officer or a petition signing place before the end of the signing period;
(c)the postal petition statement states the date of birth of the elector or proxy (as the case may be); and
(d)the petition officer has verified the date of birth and signature of the elector or proxy (as the case may be) in accordance with regulation 107 (procedure in relation to postal petition statements).
(4) A postal signing sheet or postal petition statement that reaches the petition officer or a petition signing place after the end of the signing period is to be treated for the purposes of paragraph (3) as reaching that officer or place before the end of the signing period if it is delivered by a person who, at the end of the signing period, is in the petition signing place, or in a queue outside the petition signing place, for the purpose of returning it.
(5) In relation to a petition in Northern Ireland, a postal signing sheet must not be taken to be duly returned unless—
(a)it is returned in accordance with regulation 99;
(b)it is returned in the proper envelope so as to reach the petition officer before the end of the signing period and is accompanied by the declaration of identity duly signed, and
(c)in the case of an elector, that declaration of identity states the date of birth of the elector, and the petition officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act.
(6) In the case of an elector in Northern Ireland, unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in paragraph (5) must be taken not to be duly signed unless the petition officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act.
(7) The petition officer must not count any tendered signing sheets.
(8) The petition officer, while counting and recording the number of signing sheets and counting the signatures, must keep the signing sheets with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the sheets.
(9) The petition officer must verify the final signing sheet accounts for each petition signing place by comparing them with the number of signing sheets recorded by him or her, and the unused and spoilt signing sheets in his or her possession and the tendered signing list (opening and resealing the packets containing the unused and spoilt signing sheets and the tendered signing list) and must draw up a statement as to the result of the verification (“verification of signing sheet accounts”).
Commencement Information
I2Reg. 39 in force at 4.3.2016, see reg. 1
40.—(1) Any signing sheet which—
(a)does not bear the official mark, or
(b)is unmarked or void for uncertainty,
must, subject paragraph (2), be taken to be void and not counted.
(2) A signing sheet on which the signature is marked—
(a)elsewhere than in the proper place, or
(b)otherwise than by means of a signature, or
(c)by more than one mark,
must not for such reason be taken to be void if an intention to sign the petition clearly appears.
(3) The petition officer must endorse the word “rejected” on any signing sheet which under this regulation is not counted.
(4) The petition officer must draw up a statement showing the number of signing sheets rejected (“statement of rejected signing sheets”) under either or both heads of—
(a)want of official mark;
(b)unmarked or void for uncertainty.
Commencement Information
I3Reg. 40 in force at 4.3.2016, see reg. 1
41. The decision of the petition officer on any question arising in respect of any signing sheet may be subject to review on a recall petition complaint but, subject to that, is final and may not be questioned in any proceedings whatsoever.
Commencement Information
I4Reg. 41 in force at 4.3.2016, see reg. 1
42. The public notice given by the petition officer under section 14(2)(c) of the Act (determination of whether recall petition successful) must include—
(a)the name and constituency of the MP to whom the petition related;
(b)the details relating to the recall condition which was met in relation to that MP;
(c)the beginning and end dates of the signing period for the petition;
(d)whether or not in accordance with section 14(3) of the Act (determination of whether recall petition successful) the petition was successful;
(e)the number of eligible registered electors;
(f)the number and percentage of eligible registered electors who validly signed the petition;
(g)the number of rejected signing sheets under each head shown in the statement of rejected signing sheets.
Commencement Information
I5Reg. 42 in force at 4.3.2016, see reg. 1