Search Legislation

The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Changes over time for: Section 15

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023, Section 15. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

The Local Authorities (Conduct of Referendums) (England) Regulations 2012 U.K.

This section has no associated Explanatory Memorandum

15.—(1) The Local Authorities (Conduct of Referendums) (England) Regulations 2012(1) are amended as follows.

(2) Schedule 3 (local government act referendum rules) is amended in accordance with paragraphs (3) and (4).

(3) In rule 24 (questions to be put to voters and proxies)—

(a)in paragraph (1)(b), after “put if” insert “the person has answered the previous question in the manner indicated (where applicable), and”;

(b)in the table following paragraph (1)—

(i)in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

(c)Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R]

(d)If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R]

(e)If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f)If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R];

(ii)omit entry 4;

(c)in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(4) In Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 1 of Schedule 6.

(5) In Schedule 4 (application, with modifications, of Acts and subordinate legislation)—

(a)in Table 1 (Representation of the People Act 1983), in the entry for section 61 (other voting offences)(2), in the second column—

(i)after the modifications for subsection (1) insert—

In subsection (1A)—

(a)omit paragraphs (a), (b), (e) and (f);

(b)after “local government election” and “local government elections” in each place they occur, insert “or referendum” or “or referendums” respectively;

(c)in paragraph (d)(ii), after “that election” insert “or referendum”.;

(ii)in the modifications for subsections (2) to (4)—

(aa)for “subsections (2) to (4)” substitute “subsections (2) to (3A)”;

(bb)omit the text of substituted subsection (4);

(iii)after those modifications insert—

In subsection (3B)—

(a)omit paragraphs (a)(i) and (ii) and (b);

(b)after “local government election” and “local government elections” in each place they occur, insert “or referendum” or “or referendums” respectively;

(c)in paragraph (a)(iv) and (c)(ii), after “those elections” insert “or referendums”.;

(b)in Table 3 (Representation of the People Act 2000), in the entry for Schedule 4, in the second column—

(i)in the modifications to paragraphs 2 to 7, 7C and 7D(3)—

(aa)after “3(4)(a)(i),” insert “3(4)(aa), 3(5)(ca),”;

(bb)for “and 7(6)(a)(i)” substitute “, 7(6)(a)(i), 7(6)(aa) and 7(9)(ca)”;

(ii)after the modification for paragraphs 3(4)(a)(i) and 7(6)(a)(i) insert—

In paragraphs 3(4)(aa), 3(5)(ca), 7(6)(aa) and 7(9)(ca), for “(or both)” substitute “or referendums, or at any combination of such polls”.;

(c)in Table 6 (Representation of the People (England and Wales) Regulations 2001)—

(i)in the entry for regulation 3, in the second column, at the beginning insert—

In paragraph (1), for the definition of “relevant absent voting application” substitute—

relevant absent voting application” means an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000 as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2012;.;

(ii)in the entry for regulation 4(1)(b), for “Forms E” substitute “Forms E1”;

(iii)in the entry for regulation 52, in the second column insert—

In paragraphs (A1), (1A)(a) and (2), after “local government election” insert “or referendum”.;

(iv)in the entry for regulation 55B, in the first column, for “election” substitute “parliamentary election or local government election in England”;

(v)in the entry for regulation 56, in the second column, after the modifications for paragraph (3D) insert—

In paragraph (3F)(a), after “election” in each place it occurs insert “or referendum”.;

(vi)after the entry for regulation 56A insert—

Regulation 56B (verification of information provided in a relevant absent voting application)
Regulation 56C (power to request additional evidence in relation to relevant absent voting applications where registration officer considers it necessary)
Regulation 56D (processing of information provided in connection with a relevant absent voting application) ;

(vii)in the entry for regulation 57, for the second column substitute—

In paragraph (3A)(b)—

(a)after “election” insert “or referendum”;

(b)after “elections” insert “or referendums”.

In paragraph (5) after “election” insert “or referendum”.

In paragraph (7), after “local government election” insert “or referendum”.;

(viii)in the entry for Schedule 3, Form E, in the first column, for “Form E” substitute “Form E1”.

(6) Schedule 5 (the local government act referendums (combination of polls) rules) is amended in accordance with paragraphs (7) and (8).

(7) In rule 26 (questions to be put to voters and proxies)—

(a)in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b)in the table following paragraph (1)—

(i)in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

(c)Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of four or more voters? [R]

(d)If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this referendum or any other election or referendum for which the day of poll is today, whether here or elsewhere in this voting area or anywhere else in England, on behalf of two or more voters?” [R]

(e)If the person answers question (d) in the affirmative: “Were two or more of the voters on whose behalf you have voted in this referendum, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f)If the person answers question (e) in the affirmative: “Is the voter (or are the voters) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R];

(ii)omit entry 4;

(c)in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(8) In Part 8 (appendix of forms), for the form of the Official Poll Card (to be sent to a voter voting in person) and the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) substitute the corresponding forms in Part 2 of Schedule 6.

Commencement Information

I1Reg. 15(1)-(4), (5)(a)(ii)(iii), (6)-(8) in force at 31.1.2024, see reg. 1(3)(b)

I2Reg. 15(5)(a)(i)(b)(c) in force at 31.10.2023, see reg. 1(2)

(1)

S.I. 2012/323; relevant amending instruments are: S.I. 2014/924, 2022/1382.

(2)

Section 61 was amended by paragraph 2 of Schedule 2 and Schedule 5 to the Representation of the People Act 1985 (c. 50), by paragraph 10 of Schedule 3 to the Greater London Authority Act 1999 (c. 29), by paragraph 83 of Schedule 27 to the Civil Partnership Act 2004 (c. 33), by section 38(3) of the Electoral Administration Act 2006 (c. 22), by section 27(1) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), by section 5(3) of the Scottish Elections (Reform) Act 2020 (asp 12) and by paragraph 8 of Schedule 1 and paragraph 2 of Schedule 4 to the Elections Act 2022 (c. 37).

(3)

Paragraph 2 was amended by sections 35 and 38(6)(a) of, and paragraph 137(3) of Schedule 1 to, the Electoral Administration Act 2006, by sections 27(2)(a) and 32 of the Local Electoral Administration and Registration Services (Scotland) Act 2006, by section 21(3) of the Electoral Registration and Administration Act 2013 (c. 6), by paragraph 12 of Schedule 12 to the Policing and Crime Act 2017 (c. 3) and by section 9(2) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6). Paragraph 5 was amended by paragraphs 22 and 137(5) and (6) of Schedule 1 to the Electoral Administration Act 2006. Paragraph 6 was amended by paragraph 164(3) of Schedule 27 to the Civil Partnership Act 2004 (c. 33), by section 3 of the Electoral Registration and Administration Act 2013, by section 16 of the Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), by section 9(4) of the Scottish Elections (Franchise and Representation) Act 2020, by paragraph 8(3)(b) of Schedule 2 to the Local Government and Elections (Wales) Act 2021 (asc 1), and by paragraph 7 of Schedule 4 to the Elections Act 2022. Paragraphs 7C and 7D were inserted by section 14(4) and (8) of the Electoral Administration Act 2006.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources