The European Parliamentary Elections Regulations 2004

[F1 Consequences of failure or refusal to provide personal identifiers E+W+S

39.— (1) Where the registration officer determines that an absent voter has failed or refused to provide the required personal identifiers—

(a) if the absent voter has an entry in his voting records, the registration officer must remove that entry, and the absent voter shall not be entitled to vote by post, by proxy or by post as proxy (as the case may be) otherwise than in pursuance of a further application made under Part 2;

(b) in the case of an absent voter whose application under paragraph 4(1) or (2) or paragraph 7(4)(b) has been granted, the absent voter shall not be entitled to vote by post, by proxy or by post as proxy (as the case may be) at the particular election for which the application under paragraph 4(1) or (2) or paragraph 7(4)(b) was made, otherwise than in pursuance of a further application made under Part 2.

(2) Where an absent voter ceases to be entitled to vote by post, by proxy or by post as proxy in the circumstances to which sub-paragraph (1) refers—

(a) the registration officer must inform the absent voter in writing of the location of the polling station to which the elector is allotted or likely to be allotted under the European Parliamentary elections rules, where appropriate;

(b) paragraph 27(5) and paragraph 28 apply as if the registration officer were refusing an application under Part 2; and

(c) in the case of an absent voter who ceases to be entitled to vote by post as proxy, the registration officer must also notify in writing the elector for whom the proxy was appointed.

(3) The registration officer must include in the notice to be sent to an absent voter pursuant to sub-paragraph (2), information—

(a) explaining the effect of removal from the absent voting records (where applicable); and

(b) reminding the absent voter that he may make a fresh application under Part 2 to vote by post, by proxy or by post as a proxy (as the case may be).]

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3