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

Procedure in relation to declarations of identity E+W

85.— [F1 (1) This regulation applies to any postal voting statement  contained in an envelope that has not been set aside for personal identifier verification in accordance with regulation 84(1A) or (5).

(1A) The returning officer must satisfy himself that the postal voting statement is duly completed.]

(2) Where the returning officer is not so satisfied, he shall mark the [F2 statement] “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to paragraph (3) below, place it in the receptacle for rejected votes.

(3) Before placing the declaration in the receptacle for rejected votes, the returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.

(4) The returning officer shall then examine the number (or numbers) on the [F3 postal voting statement] against the number (or numbers) on the ballot paper envelope and, where they are the same, he shall place the [F4 statement] and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

[F5 (5) Where—

(a) the number (or numbers) on a valid [F3 postal voting statement] is not the same as the number (or numbers) on the ballot paper envelope, or

(b) that envelope has no number on it (or only one number when the [F3 postal voting statement] has more than one),

the returning officer shall open the envelope.

(6) Paragraph (7) below applies where—

(a) there is a valid [F3 “postal voting statement] but no ballot paper envelope; or

(b) the ballot paper envelope has been opened under regulation 84(3) or paragraph (5) above.

(7) In the circumstances described in paragraph (6) above, the returning officer shall place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid [F3 postal voting statement];

(b) in the receptacle for rejected votes, any other ballot paper, with the valid [F3 postal voting statement] attached and marked “provisionally rejected”;

(c) in the receptacle for rejected votes, any valid [F3 postal voting statement] marked “provisionally rejected” where—

(i) there is no ballot paper, or

(ii) in the case of a [F6 statement] on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the [F6 statement] to indicate which ballot paper is missing;

(d) in the receptacle for declarations of identity, any valid [F6 statement] not disposed of under sub-paragraph (b) or (c) above.]

Textual Amendments

F1 Reg. 85(1)(1A) substituted for reg. 85(1) (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 38 (with reg. 1(2)(3)(c))

F2 Word in reg. 85(2) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(ii) (with reg. 1(2)(3)(e))

F3 Words in Regulation substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(a) (with reg. 1(2)(3)(e))

F4 Word in reg. 85(4) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(ii) (with reg. 1(2)(3)(e))

F5 Reg. 85(5)-(7) substituted (1.8.2002) by The Representation of the People (England and Wales) (Amendment) Regulations 2002 (S.I. 2002/1871), regs. 2(1), 14

F6 Word in reg. 85(7) substituted (1.1.2007) by The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), regs. 1(1), 65(b)(ii) (with reg. 1(2)(3)(e))

Commencement Information

I1 Reg. 85 in force at 16.2.2001, see reg. 1(1)