The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Absent signing at a particular petition: England and Wales and Scotland E+W+S

53.—(1) Where a person applies to the registration officer to sign a particular petition by post, the officer must grant the application if—

(a) the officer is satisfied that the applicant is or will be entitled to sign the petition in accordance with section 10 of the Act (entitlement to sign a recall petition);

(b) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to them under regulation 16; and

(c) the application contains the applicant’s signature and date of birth and meets the requirements of Chapter 2 of this Part.

(2) Where a person applies to the registration officer to sign a particular petition by proxy, the officer must grant the application if—

(a) the officer is satisfied that the applicant’s circumstances during the signing period will be, or are likely to be, such that the applicant cannot reasonably be expected to sign in person at the petition signing place allotted or likely to be, allotted to that person under regulation 16 (allotment of petition signing places);

(b) the officer is satisfied that the applicant is or will be entitled to sign the petition in accordance with section 10 of the Act;

(c) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to them under regulation 16; and

(d) the application contains the applicant’s signature and date of birth and meets the requirements of Chapter 2 of this Part.

(3) Where a person who has an anonymous entry in the register, applies to the registration officer to sign a particular petition by proxy, the registration officer must grant the application if—

(a) the officer is satisfied that the applicant has not signed the petition at the petition signing place allotted to them under regulation 16; and

(b) it meets the requirements of Chapter 2 of this Part.

(4) Nothing in paragraphs (1) to (3) applies to a person who is included in the record kept under regulation 51(4) (absent signing at any petition for a definite or indefinite period: England and Wales and Scotland) or in the record kept under paragraph 3(4) or 7(6) of Schedule 4, but if such a person is shown in any of those records as being entitled to sign the petition by post or voting by post (as the case may be) the person may, in respect of a particular petition, apply to the registration officer—

(a) for that person’s signing sheet to be sent to a different address from that shown in the record, or

(b) to sign the petition by proxy.

(5) The registration officer must grant an application under paragraph (4) if—

(a) it meets the requirements of Chapter 2 of this Part, and

(b) in the case of an application to sign the petition by proxy, the officer is satisfied that the applicant’s circumstances during the signing period will or are likely to be such that the applicant cannot reasonably be expected to sign the petition in person at the petition signing place allotted or likely to be allotted to that person in accordance with regulation 16 (allotment of petition signing places).

(6) The registration officer may dispense with the requirement under paragraph (1)(c) or (2)(d) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has;

(b) to provide a signature because the applicant is unable to read or write; or

(c) to sign in a consistent and distinctive way because of any such disability or inability.

Commencement Information

I1 Reg. 53 in force at 4.3.2016, see reg. 1