The Voter Identification Regulations 2022

PART 7 E+W+S Rule 40B of the elections rules: collection and collation of information

Application of rule 40B of the parliamentary election rules E+W+S

33.  Rule 40B of Schedule 1 to the 1983 Act (collection and disclosure of information relating to applications made under rules 37 to 40)(1) applies in relation to a parliamentary general election described in section 59A(2) of the 1983 Act(2).

Commencement Information

I1 Reg. 33 in force at 16.1.2023, see reg. 1(3)

Collection of information by the presiding officer E+W+S

34.—(1) This regulation and regulation 35 apply in relation to—

(a) a parliamentary general election to which rule 40B of Schedule 1 to the 1983 Act applies, and

(b) a local government election, a combined authority mayoral election or a local authority mayoral election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act applies.

(2) For the purposes of rule 40B(2) of the elections rules, the presiding officer must collect the following information—

(a) an indication whether the presiding officer or a clerk explained the voter identification requirements to each voter prior to the voter making an application under rule 37(1) of the elections rules;

(b) the number of voters to whom the presiding officer delivers a ballot paper in each of the following circumstances—

(i) following the production of an anonymous elector’s document by the voter;

(ii) following the production of an electoral identity document or a temporary electoral identity document by the voter;

(c) the number of voters who request the use of a private area of the polling station for the production of a document in accordance with rule 37(1B) of the elections rules;

(d) the number of voters to whom the presiding officer refuses to deliver a ballot paper in accordance with rule 35(3) or 37(1E)(a) or (b) of the elections rules;

(e) the number of voters to whom the presiding officer, having ascertained the elector’s name and address following that voter’s application under rule 37 of the elections rules, is unable to deliver a ballot paper for any of the following reasons—

(i) when asked to produce a specified document, the voter produces a document other than a specified document;

(ii) when asked to produce a specified document, the voter is unable to produce a specified document;

(f) in respect of each of sub-paragraphs (d) and (e), the number of such voters to whom the presiding officer subsequently delivers a ballot paper upon that person making a further application.

(3) In paragraph (2)—

(a) a reference to rule 37 of the elections rules includes a reference to that rule as applied by rule 38, 39 or 40 of the elections rules;

(b) a reference to a presiding officer delivering or refusing to deliver a ballot paper includes a reference to a presiding officer—

(i) causing or refusing to cause a voter’s vote to be marked on a ballot paper in accordance with paragraph (1) of rule 38 of the elections rules (votes marked by presiding officer);

(ii) granting or refusing an application under paragraph (1) of rule 39 of the elections rules (voting by persons with disabilities);

(c) a reference to a further application includes a reference to a person seeking a further time to mark a tendered ballot paper under the paragraph of rule 40 of the elections rules (tendered ballot papers) under which a previous such attempt was made;

(d) the “voter identification requirements” means rule 37(1A) to (1T) of the elections rules.

Commencement Information

I2 Reg. 34 in force at 16.1.2023, see reg. 1(3)

Collation of information by relevant registration officer or returning officer E+W+S

35.—(1) Paragraph (2) applies to the information provided to a collating officer—

(a) by each presiding officer in accordance with rule 40B(2)(b) of the elections rules, or

(b) by the returning officer, in accordance with rule 40B(2)(b) and (3)(a) of the elections rules.

(2) For the purposes of rule 40B(5)(b) of the elections rules, the collating officer must collate the information provided by—

(a) separating that information into two groups depending on whether the indication by the presiding officer in accordance with regulation 34(2)(a) is that the explanation described in that regulation was or was not given;

(b) for each group described in sub-paragraph (a), calculating the total number of voters for each category of information listed in regulation 34(2)(b) to (f).

(3) In this regulation, the “collating officer”—

(a) in relation to an election held in England and Wales is the relevant registration officer (as defined in rule 40B(12)(b) of the elections rules);

(b) in relation to an election held in Scotland, is the returning officer.

Commencement Information

I3 Reg. 35 in force at 16.1.2023, see reg. 1(3)

(1)

Rule 40B was inserted by paragraph 24 of Schedule 1 to the Elections Act 2022 (c. 37).

(2)

Section 59A was inserted by paragraph 7 of Schedule 1 to the Elections Act 2022.