SCHEDULES
C1C2C3C4C5C6C7C8SCHEDULE 1
Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act
Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5
Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)
Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)
Sch. 1 modified (N.I.) (10.4.2001) by Elections Act 2001 (c. 7), s. 4, Sch. (as amended (16.12.2010) by S.I. 2010/2977, arts. 2(2), 6; (15.9.2014) by S.I. 2014/1116, arts. 1(1), 9; and (4.4.2024) by S.I. 2024/382, art. 1(2), Sch. 5 (with art. 1(3)))
Sch. 1 modified (S.) by The Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111), regs. 2, 95, 96, 98 (as amended (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 36 (with reg. 1(6)(7)))
Sch. 1 modified (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 8, Sch. 2 (as amended (22.5.2014) by S.I. 2014/920, regs. 1(1), 2(7), 3-6; (7.5.2015) by S.I. 2015/654, regs. 1(1), 2); (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 37 (with reg. 1(6)(7)) and (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 4)
Part III Contested Elections
The Poll
F1Tendered postal ballot papers: anonymous entries in Northern Ireland
Sch. 1 rule 40ZA inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 3(8)
40ZA
1
This rule applies to a person (“P”) who—
a
is an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland; or
b
is entitled to vote by post as proxy for such an elector,
and who claims to have lost, or not received, a postal ballot paper.
2
P may apply to the Chief Electoral Officer for a replacement postal ballot paper (in these rules referred to as a “tendered postal ballot paper”).
3
The application—
a
may be made by post or in person,
b
must be accompanied by a specified document within the meaning of rule 37 (as it extends to Northern Ireland), and
c
must be delivered to the Chief Electoral Officer—
i
where the application is made by post, before 4 p.m. on the fourth day before the day of the poll, and
ii
where the application is made in person, before 4 p.m. on the day before the day of the poll.
4
If the Chief Electoral Officer—
a
is satisfied as to P’s identity, and
b
has no reason to doubt that P has lost, or not received, a postal ballot paper,
the Chief Electoral Officer must issue a tendered postal ballot paper to P in the prescribed manner.
5
A tendered postal ballot paper must be of a different colour from the other ballot papers.
6
P, if issued with a tendered postal ballot paper, may mark it, sign it, and send it to the Chief Electoral Officer, in the same manner as a postal ballot paper.
7
A tendered postal ballot paper which has not been signed, or which does not meet the conditions in rule 45(2) and (2A), is void.
8
On receipt of a tendered postal ballot paper, the Chief Electoral Officer must deal with it in the prescribed manner.
9
The Chief Electoral Officer must—
a
endorse each tendered postal ballot paper with the entry in the register of the elector in question, and
b
set it aside in a separate packet of tendered postal ballot papers.
10
The Chief Electoral Officer must add the entry in the register of the elector in question to a list (in these rules referred to as the “tendered postal votes list”).
11
The Chief Electoral Officer must seal the packet of tendered postal ballot papers.
12
This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) (alteration of registers in Northern Ireland: pending elections) as if—
a
in paragraph (1) for “in a register maintained” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”; and
b
in paragraphs (9)(a) and (10), for “entry in the register of the elector in question” there were substituted “entry relating to the elector in question on a notice issued under section 13BA(9)”.
Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23