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The Representation of the People (England and Wales) Regulations 2001

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PART IVE+WABSENT VOTERS

Interpretation of Part IVE+W

50.  In this Part of these Regulations—

“Schedule 4” means Schedule 4 to the 2000 Act;F1...

[F2“absent voter” means an elector who is entitled to vote by proxy or an elector or proxy who is entitled to vote by post;]

“allotted polling station” has the meaning set out in regulation 53(7) below.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Reg. 50 in force at 16.2.2001, see reg. 1(1)

General requirements for applications for an absent voteE+W

51.—(1) An application under Schedule 4 must comply with the requirements of this regulation and such further requirements in this Part of these Regulations as are relevant to the application.

(2) The application must state—

(a)the full name of the applicant;

(b)the address in respect of which the applicant is [F3registered or has applied to be (or is treated as having applied to be) registered] in the register except in the case of an application under paragraph 7(4) or (7) of Schedule 4;

(c)in the case of such an application, the proxy’s address, together with the name of the elector for whom he will act as proxy and the elector’s address for the purposes of sub-paragraph (b) above;

(d)in the case of a person applying to vote by post, the address to which the ballot paper should be sent,F4...

(e)in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote.

[F5(f)in the case of a person who is unable to provide a signature, the reasons for his request for waiver of any requirement under paragraph 3, 4 or 7 of Schedule 4 to provide a signature and the name and address of any person who has assisted him to complete his application, and

(g)where the applicant has, or has applied for, an anonymous entry, that fact.]

[F6(3) The application shall be made in writing and shall be dated.

(3A) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into his record by configuring the information as follows—

(a)the signature shall appear against a background of white unlined paper of at least five centimetres long and two centimetres high; and

(b)the applicant’s date of birth shall be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(3B) Where the application contains a request that the registration officer waive the requirement for a signature, sub-paragraph (a) of paragraph (3A) shall not apply.]

(4) An application under Schedule 4 which is made for an indefinite period or the period specified in the application must state-

(a)that it is so made, and

(b)whether it is made for parliamentary elections, local government elections or both.

(5) An application under Schedule 4 which is made for a particular parliamentary or local government election must-

(a)state that it is so made, and

(b)identify the election in question,

but, where the poll at one election falls on the same day as the poll at another election, the same application may be used for both elections.

(6) Where an application is made to vote by proxy, it shall include an application for the appointment of a proxy which meets the requirements of regulation 52 below.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 51 in force at 16.2.2001, see reg. 1(1)

[F7Additional provision concerning the requirement that an application for an absent vote must be signed by the applicantE+W

[F851A.  The registration officer may satisfy himself—

(a)that an application under Schedule 4 meets any requirements that it has been signed by the applicant and states his date of birth by referring to any signature and date of birth—

(i)previously provided by the applicant to the registration officer or the returning officer; or

(ii)previously provided by the applicant to the authority referred to in regulation 35(2)(a), which the registration officer is authorised to inspect for the purposes of his registration duties; and

(b)as to whether the applicant is unable to provide a signature or a consistent signature due to any disability or inability to read or write.]

Textual Amendments

Modifications etc. (not altering text)

[F9Additional requirement for applications for ballot papers to be sent to different address from that stated in applicationE+W

51AA.—(1) Paragraph (2) applies where—

(a)in the case of an application to vote by post under paragraph 3(1) or (7) or 4(1) of Schedule 4, the addresses stated in accordance with regulation 51(2)(b) and (d) are different;

(b)in the case of an application by a proxy to vote by post under paragraph 7(4) of Schedule 4, the proxy’s address stated in accordance with regulation 51(2)(c) and the address stated in accordance with regulation 51(2)(d) are different.

(2) The application must set out why the applicant’s circumstances will be or are likely to be such that he requires the ballot paper to be sent to the address stated in accordance with regulation 51(2)(d).

(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.]

Textual Amendments

Modifications etc. (not altering text)

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4E+W

51B.—[F10(1)] An application under—

(a)paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b)paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

for his ballot paper to be sent to a different address from that shown in the record shall set out why the applicant’s circumstances will be or are likely to be such that he requires his ballot paper to be sent to that address.

[F11(2) This regulation does not apply where an applicant has, or has applied for, an anonymous entry.]]

Textual Amendments

Modifications etc. (not altering text)

Additional requirements for applications for the appointment of a proxyE+W

52.  An application for the appointment of a proxy under paragraphs 3 and 4 of Schedule 4 shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and-

(a)if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

(b)if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

Modifications etc. (not altering text)

C19Reg. 52 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I3Reg. 52 in force at 16.2.2001, see reg. 1(1)

Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of [F12blindness or any other disability] E+W

53.—(1) An application to vote by proxy for a [F13particular] or indefinite period under paragraph 3(3)(b) of Schedule 4 shall specify [F14the disability] by reason of which it is made.

[F15(2) Subject to paragraph (3) below, such an application shall be attested and signed by—

(a)a registered medical practitioner;

(b)a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing;

(c)a registered dentist as defined by section 53(1) of the Dentists Act 1984;

(d)a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989;

[F16(e)a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010;]

(f)a registered osteopath as defined by section 41 of the Osteopaths Act 1993;

(g)a registered chiropractor as defined by section 43 of the Chiropractors Act 1994;

(h)a Christian Science practitioner;

F17(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)a person registered as a member of a profession to which the [F18Health and Social Work Professions Order 2001] for the time being extends;

(k)the person carrying on a care home registered under Part 2 of the Care Standards Act 2000;

(l)the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he resides in such premises;

(m)a manager within the meaning of section 145(1) of the Mental Health Act 1983, or on behalf of such a manager; or

(n)a person registered in the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000.

(3) A person who qualifies—

(a)by virtue of any of sub-paragraphs (a) to (j) of paragraph (2) above, may not attest an application for these purposes unless—

(i)he is treating the applicant for the disability specified in the application; or

(ii)the applicant is receiving care from him in respect of that disability; or

[F19(iii)the person is a social worker who qualifies by virtue of sub-paragraph (j) of paragraph (2), and has arranged care or assistance for the applicant in respect of that disability; or]

(b)by virtue of sub-paragraph (n) of paragraph (2) above, may not attest an application for these purposes unless—

(i)he is treating the applicant for the disability specified in the application;

(ii)the applicant is receiving care from him in respect of that disability; or

(iii)he has arranged care or assistance for the person in respect of their disability.

(4) The person attesting the application shall state—

(a)his name and address and the qualification by virtue of which he attests the application;

(b)where the person who attests the application is a person referred to in paragraph (3)(a) above, that—

(i)he is treating the applicant for the disability specified in the application; or

(ii)the applicant is receiving care from him in respect of that disability;

(c)where the person who attests the application is a person referred to in paragraph (3)(b) above, that—

(i)he is treating the applicant for the disability specified in the application;

(ii)the applicant is receiving care from him in respect of that disability; or

(iii)he has arranged care or assistance for the applicant in respect of that disability;

(d)that, to the best of his knowledge and belief, the applicant has the disability specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that disability; and

(e)that, to the best of his knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.]

(5) Paragraphs (2) to (4) above shall not apply where—

(a)the application is based on the applicant’s blindness and the applicant is registered as a blind person by the local authority which is specified in the application under section 29(4)(g) of the National Assistance Act 1948; or

(b)the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 73 of the Social Security Contributions and Benefits Act 1992(1)) [F20, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011] [F21or the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012)] because of the [F22disability] specified in the application.

[F23(5A) A person who qualifies by virtue of sub-paragraph (m) of paragraph (2) above, shall, instead of the matters specified in paragraph (4)(a) above, state in the attestation—

(i)his name;

(ii)his position in the hospital at which the applicant is liable to be detained or at which he is receiving treatment;

(iii)that he is a person authorised to make the attestation; and

(iv)in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.]

(6) The fact that an applicant is registered with a local authority under section 29(4)(g) of the National Assistance Act 1948 shall be deemed sufficient evidence that he is eligible to vote by proxy on the grounds set out in paragraph 3(3)(b) of Schedule 4.

(7) In this regulation and in regulations 54 and 55 below, “his allotted polling station”, in relation to an elector means the polling station allotted or likely to be allotted to him under the appropriate rules (as defined in paragraph 1 of Schedule 4).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I4Reg. 53 in force at 16.2.2001, see reg. 1(1)

Additional requirements for applications for a proxy vote for a definite or indefinite period based on occupation, service, employment or attendance on a courseE+W

54.—(1) An application to vote by proxy for a [F24particular] or indefinite period under paragraph 3(3)(c) of Schedule 4 shall state—

(a)whether the occupation, service or employment in respect of which it is made is that of the applicant or his spouse [F25or civil partner] or, as the case may be, it is the applicant or his spouse [F25or civil partner] who is attending the course provided by an educational institution in respect of which the application is made;

(b)the nature of the occupation, service or employment or course provided by an educational institution giving rise to the application;

(c)where the person in respect of whose occupation, service or employment it is made (in this regulation referred to as “the employed person”) is self employed, that fact; and in any other case the name of that person’s employer;

(d)the reason, relevant to the general nature of the employment, service or occupation in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.

(2) Such an application shall be attested and signed—

(a)where the person is self-employed, by a person who—

(i)is aged 18 years or over;

(ii)knows the self-employed person; and

(iii)is not related to him;

(b)by the employer of the employed person or by another employee to whom this function is delegated by the employer; and

(c)in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the head or principal.

(3) The person attesting an application made under paragraph (2) above shall—

(a)where the applicant is the employed person or the person attending the course, certify that the statements required by sub-paragraphs (a) to (d) of paragraph (1) above to be included in the application are true; or

(b)where the applicant is the spouse [F26or civil partner] of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraphs (a) to (c) of paragraph (1) above are true.

(4) The person attesting an application under paragraph (2) above shall also state—

(a)his name and address, that he is aged 18 years or over, that he knows the employed person, self-employed person or person attending a course provided by an educational institution but is not related to him; and

(b)if he is attesting as or on behalf of the employer of the employed person, that he is the employer or the position he holds in the employment of that employer; or

(c)if he is attesting an application made on the grounds of attendance at a course provided by an educational institution, the post he holds at that institution.

(5) For the purposes of this regulation, one person is related to another if he is the [F27spouse, civil partner,] parent, grandparent, brother, sister, child or grandchild of the other.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I5Reg. 54 in force at 16.2.2001, see reg. 1(1)

[F28Additional requirements for applications for a proxy vote in respect of a particular electionE+W

55.—(1) An application under paragraph 4(2) of Schedule 4 to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.

[F29(1A) Paragraph (1) does not apply where the applicant has an anonymous entry.]

(2) Where an application under paragraph 4(2) of Schedule 4—

(a)is made on the grounds of the applicant’s [F30disability]; and

(b)is made after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of regulation 53 as to the matters to be specified and the attestation shall apply.

(3) Where an application mentioned in paragraph (2) above is made, the person who attests the application shall state, in addition to those matters specified in [F31regulation 53], to the best of his knowledge and belief, the date upon which the applicant became [F32disabled].]

[F33(4) Where an application under paragraph 4(2) of Schedule 4 is made by a person to whom paragraph 2(5A) of that Schedule applies after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of paragraph (5) below as to the matters to be specified and as to attestation shall apply.

(5) Where an application mentioned in paragraph (4) above is made—

(a)the application shall additionally state the name and address of the hospital at which the applicant is liable to be detained; and

(b)the application shall be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983, of the hospital at which the applicant is liable to be detained, and the attestation shall state—

(i)the name of the person attesting the application;

(ii)his position in the hospital at which the applicant is liable to be detained;

(iii)that he is a person authorised to make the attestation; and

(iv)the statutory provision under which the applicant is liable to be detained in the hospital.

(6) This regulation does not apply where an applicant has an anonymous entry.]

Textual Amendments

Modifications etc. (not altering text)

C22Reg. 55 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Closing date for applicationsE+W

56.—(1) An application under paragraph [F343(1), (6) or (7), or 7(4)] of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

(2) An application under paragraph [F353(2) or 6(7)] of Schedule 4 shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.

[F36(3) Subject to paragraph (3A), an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.

[F37(3A) Where an application made under paragraph 4(2) of Schedule 4 is made—

(a)on the grounds of the applicant’s disability and the applicant became disabled after 5 p.m. on the sixth day before the date of the poll at the election for which it is made; or

(b)by a person to whom paragraph 2(5A) of that Schedule applies,

the application, or an application under paragraph 6(8) of that Schedule made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.]

(4) An application under paragraph [F384(1) or 7(7)] of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it is made.

(5) An application under—

(a)paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or

(b)paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,

and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary or local government election if it is received by the registration officer after [F395 p.m. on the eleventh day before the date of the poll at that election].

(6) In computing a period of days for the purposes of this regulation, Saturday, Sunday, Christmas Eve, Christmas Day, F40... Good Friday or a bank holiday shall be disregarded.

(7) In paragraph (6) above “bank holiday” means—

(a)in relation to a parliamentary general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in any part of the United Kingdom, and

(b)in relation to a parliamentary by-election or a local government election, a day which is a bank holiday under that Act in England and Wales;

except that where, at a parliamentary general election, any proceedings are commenced afresh by reason of a candidate’s death, sub-paragraph (b), not (a), shall apply.]

Textual Amendments

Modifications etc. (not altering text)

C25Reg. 56 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I6Reg. 56 in force at 16.2.2001, see reg. 1(1)

Grant or refusal of applicationsE+W

57.—(1) Where the registration officer grants an application to vote by post, he shall F41... notify the applicant of his decision.

(2) Where the registration officer grants an application for the appointment of a proxy, he shall confirm in writing to the elector that the proxy has been appointed, his name and address, and the duration of the appointment.

(3) The form of proxy paper (as amended for use also in respect of European Parliamentary elections) in Form E is hereby prescribed for the purposes of paragraph 6(9) of Schedule 4.

(4) Where the registration officer refuses an application under Schedule 4, he shall notify the applicant of his decision and of the reason for it.

[F42(4A) Where the registration officer grants an application made under—

(a)paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or

(b)paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,

he shall notify the applicant of this.

(4B) Where a person is removed from the record kept pursuant to paragraph 3(4) [F43or 7(6)] of Schedule 4, the registration officer shall [F44where practicable] notify him of this and the reason for it.

(4C) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall [F45where practicable] notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.]

(5) Where, under regulation 56 above, a registration officer disregards an application for the purposes of any particular parliamentary or local government election, he shall F46... notify the applicant of this.

(6) At a parliamentary election where the registration officer is not the acting returning officer for any constituency or part of a constituency in the area for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.

Textual Amendments

Modifications etc. (not altering text)

C28Reg. 57 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I7Reg. 57 in force at 16.2.2001, see reg. 1(1)

Notice of appealE+W

58.—(1) A person desiring to appeal under section 56(1)(b) of the 1983 Act(3) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under regulation 57(4) above specifying the grounds of appeal.

(2) The registration officer shall forward any such notice to the appropriate county court in the manner directed by rules of court together in each case with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

(3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Modifications etc. (not altering text)

C31Reg. 58 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I8Reg. 58 in force at 16.2.2001, see reg. 1(1)

Cancellation of proxy appointmentE+W

59.  Where the appointment of a proxy is cancelled by notice given to the registration officer under paragraph 6(10) of Schedule 4 or ceases to be in force under that provision or is no longer in force under paragraph 6(11)(b) of that Schedule, the registration officer shall—

(a)notify the person whose appointment as proxy has been cancelled, expired, ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy, and

(b)remove his name from the record kept under paragraph 3(4)(c) of Schedule 4.

Modifications etc. (not altering text)

C34Reg. 59 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I9Reg. 59 in force at 16.2.2001, see reg. 1(1)

Inquiries by registration officerE+W

60.—(1) The registration officer may, at such times as he thinks fit, make inquiries of a person—

(a)who is shown as voting by proxy in the record kept under paragraph 3(4) of Schedule 4 in pursuance of an application granted on the grounds set out in paragraph 3(3)(b) and (c) of that Schedule; or

(b)who immediately before the date of the commencement of Schedule 4 was entitled to vote by proxy for an indefinite period at parliamentary elections, local government elections or both in pursuance of an application granted on grounds corresponding to those set out in paragraph 3(3)(b) and (c) of Schedule 4 (physical incapacity, blindness, occupation, service or employment),

for the purpose of determining whether there has been a material change of circumstances.

(2) Where the grant of an application for a proxy vote for an indefinite or [F47particular] period was based on the grounds referred to in paragraph 3(3)(c) of Schedule 4 (or grounds corresponding to those grounds), the registration officer shall make the inquiries referred to not later than three years after the granting of the application or the last such inquiries, as the case may be.

(3) The registration officer may treat the failure by a person of whom inquiries have been made to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I10Reg. 60 in force at 16.2.2001, see reg. 1(1)

[F48Requirement to provide fresh signatures at five yearly intervalsE+W

60A.—(1) The registration officer shall every year by 31 January send every person who remains an absent voter and whose signature held on the personal identifiers record is more than five years old a notice in writing—

(a)requiring him to provide a fresh signature, and

(b)informing him of the date (six weeks from the date of sending the notice) on which he would cease to be entitled to vote by post or by proxy in the event of a failure or refusal to provide a fresh signature.

(2) The notice must be sent by the registration officer to the current or last known address of the absent voter.

(3) The registration officer must, if the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, as soon as practicable send a copy of the notice to him.

(4) Where a notice or copy of a notice is sent by post, the registration officer may use—

(a)a universal postal service provider; or

(b)a commercial delivery firm,

and postage shall be prepaid.

(5) A notice or copy of a notice sent to an absent voter in accordance with paragraph (1) or (3) must be accompanied by a pre-addressed reply envelope and, in the case of any notice or copy of a notice sent to an address in the United Kingdom, return postage must be prepaid.

(6) Upon the expiration of the period specified in the notice sent to the absent voter the registration officer shall determine whether the absent voter has failed or refused to provide a fresh signature.

(7) Where the registration officer determines that the absent voter has refused or failed to provide a fresh signature within the specified period, he must remove that person’s entry from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 7(8) of that Schedule.

(8) Where a registration officer removes an absent voter’s entry in the circumstances to which paragraph (7) refers—

(a)the registration officer shall inform the absent voter, where appropriate, of the location of the polling station allotted or likely to be allotted to him under the appropriate rules (as defined in paragraph 1 of Schedule 4);

(b)regulation 57(4) and regulation 58 shall apply as if the registration officer were refusing an application under Schedule 4; and

(c)in the case of an entry removed from the proxy postal voters list, the registration officer must also notify the elector who appointed the proxy whose entry has been removed.

(9) The registration officer shall include in the notice to be sent to an absent voter regarding their removal from the records kept pursuant to paragraph 3(4) or 7(6) of Schedule 4 and from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 7(8) of that Schedule, information—

(a)explaining the effect of such removal; and

(b)reminding the absent voter that he may make a fresh application under Schedule 4 to vote by post or by proxy (as the case may be).]

Textual Amendments

[F49Records and lists kept under Schedule 4E+W

61.—(1) Any person entitled to be supplied in accordance with regulation 103, 105, 106 or 108 below with copies of the full register is also a person entitled, subject to this regulation and to regulation 61A, to request that the registration officer supply free of charge the relevant part (within the meaning of those regulations) of a copy of any of the following information which he keeps—

(a)the current version of the information which would, in the event of a particular parliamentary or local government election, be included in the postal voters lists, the list of proxies or the proxy postal voters lists, which he is required to keep under paragraph 5 or 7(8) of Schedule 4;

(b)the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists kept under paragraph 5 or 7(8) of Schedule 4.

(2) A request under paragraph (1) shall be made in writing and shall specify—

(a)the information (or the relevant parts of the information) requested;

(b)whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list; and

(c)whether a printed copy of the records or lists is requested or a copy in data form.

(3) A person who obtains any information under this regulation may use it only for the permitted purposes specified in regulation 61A, and any restrictions—

(a)specified in that regulation, or

(b)which would apply to the use of the full register under whichever of regulation 103, 105, 106 or 108 entitled that person to obtain that information,

shall apply to such use.

(4) The registration officer shall supply a current copy of the information requested under paragraph (1), as soon as practicable after receipt of a request that is duly made.

(5) The registration officer shall supply a final copy of the postal voters list kept under paragraph 5(2) of Schedule 4, as soon as practicable after 5pm on the eleventh day before the day of the poll, in response to a request under paragraph (1) that has been duly made.

(6) As soon as practicable after 5pm on the sixth day before the day of the poll the registration officer shall—

(a)make a copy of the lists kept under paragraphs 5 and 7(8) of Schedule 4 available for inspection at his office in accordance with paragraphs (10) to (15); and

(b)at a parliamentary election, if he is not the acting returning officer for any constituency or part of a constituency in the area for which he is the registration officer, send to that officer a copy of those lists;

(c)supply a final copy of the postal voters lists or the list of proxies in response to every request under paragraph (1) that has been duly made.

(7) The registration officer shall supply a final copy of the proxy voters list kept under paragraph 5(3) of Schedule 4, updated to include any additions to that list made in consequence of any applications granted in accordance with regulation 56(3A), as soon as practicable after 5pm on the day of the poll, to every person who received that list in accordance with paragraph (6)(c).

(8) Any person who has obtained or is entitled to obtain a copy of information covered by paragraph (1) may—

(a)supply a copy of the information to a processor for the purpose of processing the information, or

(b)procure that a processor processes and supplies to them any copy of the information which the processor has obtained under this regulation,

for use in respect of the purposes for which that person is entitled to obtain such information.

(9) Paragraphs (2) and (3) and the condition in paragraph (9) of regulation 92 shall be taken to apply to the supply and processing of information supplied under this regulation as they apply to the supply and processing of the full register under Part 6 of these Regulations.

(10) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph (1).

(11) A request under paragraph (10) shall be made in writing and shall specify—

(a)the information (or relevant parts of the information) requested;

(b)whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list;

(c)who will inspect the information;

(d)the date on which they wish to inspect the information; and

(e)whether they would prefer to inspect the information in a printed or data form.

(12) The registration officer shall make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

(13) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

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

(b)copy or transmit any part of that copy by electronic, or any other means.

(14) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

(a)make copies of any part of it, or

(b)record any particulars in it,

otherwise than by means of hand-written notes.

(15) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act, any duty on a registration officer to supply a copy or make information available for inspection under this regulation, imposes only a duty to provide that information in the form in which he holds it.

(16) For the purposes of this regulation—

(a)a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9 a.m. on the date it is supplied; and

(b)any period of days shall be calculated in accordance with regulation 56(6) and (7).

(17) The registration officer shall ensure that where he supplies or discloses information covered by paragraph (1)(a) in accordance with this regulation, he does not supply or disclose any record relating to a person specified in paragraph (18).

(18) The persons specified in this paragraph are—

(a)a person who has an anonymous entry;

(b)the proxy of a person who has an anonymous entry.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I11Reg. 61 in force at 16.2.2001, see reg. 1(1)

[F50Conditions on the use, supply and inspection of absent voter records or listsE+W

61A.  The restrictions on the supply, disclosure and use of the full register in regulations 94 and 96 shall apply to information covered by regulations 61(1)(a) and (b), as they apply to the full register, except that the permitted purpose shall mean either—

(a)research purposes within the meaning of that term in section 33 of the Data Protection Act 1998; or

(b)electoral purposes.]

Textual Amendments

[F51The personal identifiers recordE+W

61B.—(1) The registration officer shall maintain a record (“the personal identifiers record”), apart from the other records and lists which he is required to keep under Schedule 4, of the signatures and dates of birth provided by persons whose applications under paragraph 3(1) or (2), paragraph 4(1) or (2) or paragraph 7(4)(a) or (b) of Schedule 4 were granted, until the expiry of twelve months from—

(a)the date on which a person is removed from the record kept pursuant to paragraph 3(4) or 7(6) of Schedule 4; or

(b)the date of the poll for the purposes of which the person’s application for an absent vote was granted under paragraph 4(1) or (2) or 7(4)(b) of Schedule 4.

(2) The personal identifiers record shall contain the following information in respect of each absent voter on the postal voters list, list of proxies or proxy postal voters list—

(a)his name;

(b)his date of birth; and

(c)his signature, or a record of the waiver by the registration officer of the requirement for a signature;

(3) The registration officer may disclose information held in the personal identifiers records to—

(a)any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to in regulation 85;

(b)any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000, but only to the extent required to permit them to observe the proceedings.]

Textual Amendments

Modifications etc. (not altering text)

Marked register for polling stationsE+W

62.  To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” shall be placed against the [F52entry] of that elector in any copy of the register, or part of it, provided for a polling station.

Textual Amendments

Modifications etc. (not altering text)

C40Reg. 62 applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 6

Commencement Information

I12Reg. 62 in force at 16.2.2001, see reg. 1(1)

Certificate of employment at a parliamentary electionE+W

63.—(1) The form of certificate in Form F is hereby prescribed for the purposes of rule 32(3) of the elections rules in Schedule 1 to the 1983 Act.

(2) The prescribed officer of police for those purposes is one of or above the rank of inspector.

Commencement Information

I13Reg. 63 in force at 16.2.2001, see reg. 1(1)

[F53Corresponding number listsE+W

63A.—(1) The form of the corresponding number list to be prepared by a returning officer under rule 19A of the rules in Schedule 1 to the 1983 Act shall be in Form L1.

(2) The form of the corresponding number list to be prepared by a returning officer for the purposes of [F54rules 29(3)(e) and 37(1)(b)] and 37(1)(d) of the rules in Schedule 1 to the 1983 Act shall be in Form L2.

(3) The form of the corresponding number list to be prepared by a returning officer under rule 19A of the rules in Schedule 1 to the 1983 Act, when a parliamentary election is combined with another poll under section 15 of the Representation of the People Act 1985 or [F55section 44 or 45] of the Local Government Act 2000 shall be in Form M1.

(4) The form of the corresponding number list to be prepared by a returning officer for the purposes of [F56rules 29(3)(e) and 37(1)(b)], and 37(1)(d) of the rules in Schedule 1 to the 1983 Act, when a parliamentary election is combined with another poll under section 15 of the Representation of the People Act 1985 or [F57section 44 or 45] of the Local Government Act 2000 shall be in Form M2.]

Textual Amendments

(3)

Section 56(1)(b) was amended by Schedule 2 to the 1985 Act.

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