The Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023

Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006

4.—(1) The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 are amended as follows.

(2) In Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election)—

(a) in rule 30 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 45(4)(b);”;

(b) in rule 45 (the count), in paragraph (3)—

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

(ii) after sub-paragraph (d) insert—

“and

(e) 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 Part 7 (appendix of forms), for the form of postal voting statement, the official postal poll card (to be sent to an elector voting by post) and the official proxy postal poll card (to be sent to an appointed proxy voting by post) substitute the corresponding form as set out in Part 1 of Schedule 2 to these Rules.

(3) In Schedule 3 (rules for conduct of an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum)—

(a) in rule 30 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 45(6)(b);”;

(b) in rule 45 (the count), in paragraph (5)—

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

(ii) after sub-paragraph (d) insert—

“and

(e) 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 Part 7 (appendix of forms)—

(i) in the list of forms, in the entry for the form of postal voting statement (for use when a parish poll is combined with another poll but the postal ballot papers are not combined), omit “or community”;

(ii) for the form of postal voting statement (for use where there is joint issue and receipt of postal ballot papers), the form of postal voting statement (for use when a parish poll is combined with another poll but the postal ballot papers are not combined), the official postal poll card (to be sent to an elector voting by post) and the official proxy postal poll card (to be sent to an appointed proxy voting by post) substitute the corresponding form as set out in Part 2 of Schedule 2 to these Rules.