The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

5.—(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(1) are amended as follows.

(2) In Schedule 1 (mayoral election rules)—

(a) in rule 32 (admission to polling stations), in paragraph (1) after sub-paragraph (b) insert—

“(ba) in England, persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 47(5)(b);”;

(b) in rule 47 (the first count), in paragraph (4)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) in England, the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001(2).”;

(c) in the Appendix of forms—

(i) in the list of forms—

(aa) in the entry for form 9 (official postal poll card), at the end insert “(for use at mayoral elections in Wales)”;

(bb) after that entry insert—

“Form 9A: Official postal poll card (for use at mayoral elections in England)”;

(cc) in the entry for form 11 (official proxy postal poll card), at the end insert “(for use at mayoral elections in Wales)”;

(dd) after that entry insert—

“Form 11ZA: Official proxy postal poll card (for use at mayoral elections in England)”;

(ii) for form 7A (postal voting statement – mayoral elections in England) substitute the corresponding form as set out in Part 1 of Schedule 3 to these Regulations;

(iii) after form 9 insert new form 9A as set out in Part 1 of Schedule 3 to these Regulations;

(iv) after form 11 insert new form 11ZA as set out in Part 1 of Schedule 3 to these Regulations.

(3) In Schedule 2 (modifications of Acts and statutory instruments), in Table 4 (Representation of the People (England and Wales) Regulations 2001)—

(a) in the entry for regulation 65 (combination of polls), in the second column, for “After paragraph (b)” substitute “In paragraph (1), after sub-paragraph (b)”;

(b) after that entry insert—

“Regulation 82A (postal voting documents handed in to the returning officer)

In paragraph (1), in sub-paragraph (b), after paragraph (i) insert— “(ia) rule 47(5)(a) of the Mayoral Elections rules.”.”.

(4) In Schedule 3 (mayoral election (combination of polls) rules)—

(a) in rule 32 (admission to polling station), in paragraph (1) after sub-paragraph (b) insert—

“(ba) in England, persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 47(8)(b);”;

(b) in rule 47 (the first count), in paragraph (7)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) in England, the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”;

(c) in the Appendix of forms—

(i) in the list of forms—

(aa) in the entry for form 9 (official postal poll card), at the end insert “(for use at mayoral elections in Wales)”;

(bb) after that entry insert—

“Form 9A: Official postal poll card (for use at mayoral elections in England)”;

(cc) in the entry for form 11 (official proxy postal poll card), at the end insert “(for use at mayoral elections in Wales)”;

(dd) after that entry insert—

“Form 11ZA: Official proxy postal poll card (for use at mayoral elections in England)”;

(ii) for form 7A(1) and 7A(2) (postal voting statements – mayoral elections in England) substitute the corresponding forms as set out in Part 2 of Schedule 3 to these Regulations;

(iii) after form 9 insert new form 9A as set out in Part 2 of Schedule 3 to these Regulations;

(iv) after form 11 insert new form 11ZA as set out in Part 2 of Schedule 3 to these Regulations.

(1)

S.I. 2007/1024; relevant amending instruments are S.I. 2014/370, 2022/1352.

(2)

Regulations 79B, 79D, 82B and 82D are inserted by regulation 2 of these Regulations.