The Representation of the People (England and Wales) Regulations 2001 No. 341

PART V E+W ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Modifications etc. (not altering text)

C1 Pt. 5 applied (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(2), Sch. 5 para. 53

Receipt of Postal Ballot Papers E+W

Checking of lists kept under regulation 87 E+W

88.—(1) Where the returning officer receives a valid [F1 postal voting statement] without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(2) above to see whether the number (or numbers) of a postal ballot paper to which the [F2 statement] relates is entered in that list.

(2) Where the returning officer receives a postal ballot paper without the [F1 postal voting statement] to which it relates, he may, at any time prior to the close of the poll, check the list kept under regulation 87(3) above to see whether the number of that ballot paper is entered in that list.

(3) The returning officer shall conduct the checks required by paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under rule 43(1) of the elections rules.

(4) Where the ballot paper number in the list matches that number on a valid [F1 postal voting statement] or, as the case may be, the postal ballot paper, the returning officer shall retrieve that [F3 statement] or paper.

(5) The returning officer shall then take the appropriate steps under this Part of these Regulations as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.

Textual Amendments

F1 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))

F2 Word in reg. 88(1) 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)(iii) (with reg. 1(2)(3)(e))

F3 Word in reg. 88(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)(iii) (with reg. 1(2)(3)(e))

Modifications etc. (not altering text)

C2 Reg. 88 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 6

C3 Reg. 88 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 6 (with reg. 27)

Commencement Information

I1 Reg. 88 in force at 16.2.2001, see reg. 1(1)