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The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 No. 295

PART 2THE REGISTER

The register

4.—(1) The petition officer must compile a register of persons who by virtue of section 10 of the Act (persons entitled to sign a recall petition) are entitled to sign the petition (“the register”).

(2) The register must contain—

(a)the names of the persons who appear to the petition officer to be entitled to be registered in it;

(b)the qualifying address of the person registered in it; and

(c)in relation to each such person, that person’s electoral number.

(3) A person’s electoral number is such a number (with or without letters) as for the time being allocated by the registration officer to that person.

(4) Paragraph (2)(b) does not apply—

(a)to an address which is specified in an overseas elector’s declaration; or

(b)to service voter who has given an address in their declaration which is not an address at which that person is or would be residing but for the circumstances entitling that person to make that declaration.

(5) Where the petition officer designates more than one petition signing place, the register is to be framed in separate parts and each part must contain the list of persons who are entitled to sign the petition at that place.

(6) Each part of the register must be identified by a different letter and that letter must also form part of a person’s number in the register for the purposes of signing the petition.

Order of names

5.—(1) Subject to paragraph (2), the names and qualifying addresses on each part of the register are to be arranged in street order.

(2) If the petition officer determines for any part of the register that arranging the register or any part of it in street order is not reasonably practicable, the names and addresses are to be arranged in alphabetical order or partly in street order and partly in alphabetical order.

(3) The name of any person whose qualifying address is not contained in the register by virtue of regulation 4(4) must be grouped together in alphabetical order—

(a)at the end of that part of the register relating to that address;

(b)beneath the heading “other electors”; and

(c)without giving that address.

Anonymous entries

6.—(1) A person registered with an anonymous entry in the register of parliamentary electors must be entered in the register only by reference to that person’s electoral number together with the letter “N” and must be entered at the end of the part of the register which relates to the qualifying address of the person entitled to the entry.

(2) Any communication sent by a registration officer or a petition officer for any petition to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

(3) An anonymous entry in the register is deemed to remain in force until the end of the signing period despite the fact that that person’s anonymous entry in the register of parliamentary electors may have been terminated in accordance with section 9C (removal of anonymous entry) of the 1983 Act during that period.

Publication of register

7.—(1) On the third day before the beginning of the signing period(1), the petition officer must publish the register by—

(a)making a copy available for inspection under supervision at—

(i)the office of the petition officer, and

(ii)any other place the petition officer considers appropriate to allow for inspection by members of the public, and

(b)supplying copies of it in accordance with Schedule 1 (supply of register).

(2) Where a copy of the register is made available under paragraph (1)(a) by providing the register on a computer screen or otherwise in data form, the petition officer must ensure that the manner in, and equipment on, which the copy is provided do not permit any person consulting that copy to—

(a)search it electronically by reference to the name of any person; or

(b)duplicate or transmit any part of the register by electronic, or any other, means.

(3) The petition officer must also publish any notice issued under section 13BC(6) of the 1983 Act (alteration of registers: recall petition)(2) in the manner specified in paragraph (1)(a) and (b) as soon as reasonably practicable after that notice is issued.

Publication of 10% threshold

8.—(1) No later than the third working day after receiving the Speaker’s notice under section 5 of the Act (Speaker’s notice that the first, second or third recall condition has been met), the petition officer must give public notice of—

(a)the number of persons who are entitled to sign the petition; and

(b)the number of persons who would need to sign the petition for the petition to be successful in accordance with section 14 of the Act (determination of whether recall petition successful).

(2) On the first day of the signing period, the petition officer must publish the information referred to in paragraph (1)(a) and (b), as it applies on that day.

Supply of register

9.  Schedule 1 (supply of register) is to have effect.

(1)

“Signing period” means the period of 6 weeks beginning with the first day on which the petition is to be made available for signing; see sections 9(2) and 22(1) of the Act.

(2)

Section 13BC(6) was inserted by paragraph 7 of Schedule 2 to the Act.

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