New regulation 30A (refusal to deliver signing sheet: England and Wales and Scotland)E+W+S
79. After regulation 30 (tendered signing sheets) insert—
“Refusal to deliver signing sheet: England and Wales and Scotland
30A.—(1) This regulation applies where a petition clerk refuses to deliver a signing sheet under regulation 27(1E) (including that paragraph as applied by regulation 29 (signing sheets endorsed by the petition clerk) or regulation 30 (tendered signing sheets)).
(2) Where a petition clerk refuses to deliver a signing sheet to a person who applied for one as an elector, the clerk or an assistant to the clerk must enter on the signing sheet refusal list—
(a)the person’s electoral number, and
(b)against that number, the reason for the refusal.
(3) Where a petition clerk refuses to deliver a signing sheet to a person who applied for one as a proxy, the clerk or an assistant to the clerk must enter on the signing sheet refusal list—
(a)the name and address of the elector, and
(b)against those details, the reason for the refusal.
(4) Paragraphs (5) and (6) apply where—
(a)a petition clerk refuses to deliver a signing sheet to a person under regulation 27(1E), and
(b)the person makes a further application under regulation 27(1).
(5) If a signing sheet is delivered to the person following a further application, the petition clerk or an assistant to the petition clerk must note that fact on the signing sheet refusal list.
(6) If the petition clerk again refuses to deliver a signing sheet to the person, the petition clerk or an assistant to the petition clerk must note that fact on the signing sheet refusal list.
(7) Entries required by this regulation to be made to the signing sheet refusal list must be made as soon as practicable after delivery of a signing sheet to a person is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a signing sheet to a person).
(8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number—
(a)allocated to the person as stated in the copy of the register, or
(b)where an entry relating to the person is added to the register in pursuance of a notice issued under section 13BC(6) of the 1983 Act, as stated in the copy of that notice.
(9) Subject to regulation 27(1G) and paragraph (10), a refusal to deliver a signing sheet to a person is final and may not be questioned in any proceeding whatsoever.
(10) A refusal to deliver a signing sheet to a person is subject to review on a recall petition complaint.
(11) In this regulation—
(a)except in paragraph (4)(a), any reference to the refusal to deliver a signing sheet (however expressed) is to the refusal to do so under regulation 25(4A) or 27(1G), and
(b)any reference to paragraph (1E) or (1G) or regulation 27 includes a reference to that paragraph as applied by regulation 29 or 30.”.
Commencement Information
I1Reg. 79 in force at 16.1.2023, see reg. 1(3)