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The Police and Crime Commissioner Elections Order 2012

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U.K.

Determination of applicationsU.K.
Closing date for applicationsU.K.

16.—(1) Subject to sub-paragraph (2) [F1and (2C)], an application under paragraph 3(2) F2... or 5(4) is to be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made.

(2) Where an application made under paragraph 3(2) F3...is made—

(a)on the grounds of the applicant's disability and the applicant became disabled after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, or

[F4(aza)on grounds relating to coronavirus, or]

[F5(aa)on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, or]

[F6(ab)in the circumstances set out in sub-paragraph (2E), or]

(b)by a person to whom paragraph 1(6) applies,

the application, or an application under paragraph 5(4) made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

[F7(2A) For the purposes of sub-paragraph (2)(aza), an application is made on grounds relating to coronavirus if it is made—

(a)because the applicant (“A”) considers that attendance at the allotted polling station would not be permitted due to A’s need to comply with a legal requirement to self-isolate;

[F8(b)because A considers that attendance at the allotted polling station would be contrary to coronavirus advice given to A;]

(c)because A considers that, due to A’s particular circumstances, attendance at the allotted polling station would give rise to a risk of transmission of coronavirus by A to another person;

(d)where A already has a person appointed as proxy under paragraph 5 (“P”), on the ground that P considers that they are, or are likely to be, unable to attend the allotted polling station because any of paragraphs (a), (b) or (c) applies (reading references in those paragraphs to A as references to P).

(2B) In this paragraph—

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“coronavirus advice” means advice relating to coronavirus given by a registered medical practitioner or a registered nurse.]

[F9(2C) Where an application is made under paragraph 3(2) or 5(4) on grounds relating to voter identification, the application is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.

(2D) In sub-paragraph (2C), “grounds relating to voter identification” has the meaning given in paragraph 16A.]

[F10(2E)  The circumstances are that the application was—

(a)submitted prior to the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made,

(b)submitted via the digital service, and

(c)not received by the registration officer until after the deadline of 5pm on the sixth day before the date of the poll at the PCC election for which it was made due to a technical defect in the digital service.]

(3) An application under paragraph 3(1)[F11, 3(5)] or 7(6) is to be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at the PCC election for which it is made.

(4) A notice under paragraph 5(6) by an elector cancelling a proxy's appointment is to be disregarded for the purposes of a particular PCC election if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at that election.

[F12(4A) Sub-paragraph (4B) applies to—

(a)any application or notice mentioned in sub-paragraphs (1) to (4);

(b)any application or notice mentioned in regulation 56 of the 2001 Regulations F13..., that would otherwise have effect in relation to a PCC election by virtue of paragraphs 2 and 4(2)(a) or 4(3)(a).

(4B) An application or notice to which this sub-paragraph applies must be disregarded for the purposes of the particular PCC election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the local returning officer (except where it has been returned in accordance with paragraph 41 or 42 (spoilt and lost postal ballot papers)).]

(5) In computing a period of days for the purposes of this paragraph—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c)a day appointed for public thanksgiving or mourning,

is to be disregarded.

Textual Amendments

F2Words in Sch. 2 para. 16(1) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 13(2) (with art. 1(5))

F3Words in Sch. 2 para. 16(2) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 13(3) (with art. 1(5))

[F14Grounds relating to voter identificationU.K.

16A.(1) For the purposes of this Part, an application is made on grounds relating to voter identification if it is made because the following apply to B—

(a)condition 1, 2, 3 or 4, and

(b)except where B has an anonymous entry on the register of electors, condition 5.

(2) In this paragraph, “B” means—

(a)the applicant, where—

(i)the application is made under paragraph 3(2), and

(ii)paragraph 14A(2) does not apply to the application made under paragraph 5(4) which is included in that application under paragraph 3(2);

(b)otherwise, the person already appointed as the applicant’s proxy at the time the application is made.

(3) Condition 1 is that—

(a)immediately before the deadline, B has a specified document which B intends to use to vote in person at a PCC election, and

(b)after that deadline, that document is—

(i)lost, stolen, destroyed or damaged so as to be no longer usable as a specified document for the purposes of that election, or

(ii)sent by B to another person to prove B’s identity and B considers that it is unlikely to be returned to B on or before the day of poll at that election.

(4) Condition 2 is that—

(a)at a time during the period of 3 months ending with the deadline, B has applied for a specified document,

(b)immediately before the deadline, B has not received that document, and

(c)the application for the specified document has not been refused or withdrawn.

(5) Condition 3 is that—

(a)B has an anonymous entry on the register of electors, and

(b)either—

(i)B has not been issued with an anonymous elector’s document, or

(ii)B has been issued with an anonymous elector’s document, and after the deadline B is allocated an electoral number which is different from the one shown on that document other than as a result of an application under section 9B of the 1983 Act (anonymous registration).

(6) Condition 4 is that—

(a)B has a temporary electoral identity document which is valid for use on the day of poll at a PCC election, and

(b)before B is able to vote in person at such an election using that document, proceedings at B’s polling station are adjourned in accordance with rule 46 of Part 3 of Schedule 3 (adjournment of poll in case of riot).

(7) Condition 5 is that B does not have access to another specified document.

(8) In this paragraph—

(a)“anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022;

(b)the “deadline” means 5 pm on the sixth day before the date of the poll at the PCC election for which an application is made, and paragraph 16(5) applies for the purposes of computing the sixth day as it applies for the purposes of computing a period of days for the purposes of paragraph 16;

(c)specified document” has the meaning given in rule 39(2I) of Part 3 of Schedule 3.]

[F15Verification of information provided in an application for absent vote U.K.

16B.(1) On receipt of an application for an absent vote under Part 1 made otherwise than through the digital service, a registration officer must disclose the applicant’s name or names, address, date of birth and national insurance number (“the first stage information”) to the Secretary of State for Levelling Up, Housing and Communities in such format and through such an infrastructure system as the Secretary of State for Levelling Up, Housing and Communities may have notified to the registration officer in writing.

(2) Following receipt of the first stage information from the registration officer or, in the case of an application made through or partially completed using the digital service, from an applicant, the Secretary of State for Levelling Up, Housing and Communities may disclose the first stage information to the Secretary of State for Work and Pensions.

(3) Where the first stage information has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (2), the Secretary of State for Work and Pensions may compare it against—

(a)the name, address, date of birth and national insurance number of individuals appearing in the following types of data kept by the Secretary of State—

(i)data kept for the purposes of functions relating to social security (including such information kept on behalf of the Department for Social Development); and

(ii)data relating to working tax credit, child tax credit and child benefit (being information kept on behalf of His Majesty’s Revenue and Customs); and

(b)any other information contained in such types of data which relates to the information disclosed under sub-paragraph (2).

(4) The Secretary of State for Work and Pensions may disclose the results of the comparison of the first stage information (“the second stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(5) On receipt of the second stage information, the Secretary of State for Levelling Up, Housing and Communities may disclose that information—

(a)to the Secretary of State for Work and Pensions, or

(b)to the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates.

(6) Sub-paragraph (3) applies to the second stage information where it has been disclosed to the Secretary of State for Work and Pensions under sub-paragraph (5)(a) as it applies to the first stage information disclosed under sub-paragraph (2).

(7) The Secretary of State for Work and Pensions may disclose the results of the comparison of the second stage information (“the third stage information”) to the Secretary of State for Levelling Up, Housing and Communities.

(8) On receipt of the third stage information, the Secretary of State for Levelling Up, Housing and Communities may—

(a)compare the third stage information against the information provided in the relevant application for an absent vote, and

(b)notify the registration officer to whom the application has been made or, in the case of an application made through the digital service, the registration officer appointed for the register to which the application relates, as to whether the comparison in paragraph (a) resulted in a match.

(9) The registration officer must take into account any information disclosed by, or notification received from, the Secretary of State for Levelling Up, Housing and Communities in accordance with this regulation when determining the application.

(10) This paragraph does not apply in relation to an application under paragraph 3(2)—

(a)which is received by the registration officer after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, and

(b)where paragraph 16(2) or (2C) applies.

(11) In this paragraph—

(a)infrastructure system” has the meaning given in Schedule 3A to the Communications Act 2003;

(b)the reference in sub-paragraph (1) to the applicant’s address is a reference to the address contained in the application in accordance with paragraph 11(1)(b).

Power to request additional evidence in relation to absent vote applications where registration officer considers it necessary U.K.

16C.(1) This paragraph applies where, upon receipt of an application for an absent vote under Part 1, a registration officer considers additional evidence is necessary to verify the identity of the applicant.

(2) The registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents—

(a)the applicant’s passport;

(b)the applicant’s identity card issued in the European Economic Area;

(c)the applicant’s biometric immigration document issued in the United Kingdom in accordance with regulations made under section 5 of the Borders Act 2007;

(d)the applicant’s electoral identity card issued in Northern Ireland; or

(e)the applicant’s photocard driving licence granted in the United Kingdom or driving licence granted by a Crown Dependency, which bears a photograph of the applicant.

(3) Where an applicant is not able to give one of the documents in sub-paragraph (2), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of—

(a)one of the following documents, which, except in relation to sub-paragraph (vii), must have been issued in the United Kingdom or Crown Dependencies—

(i)the applicant’s birth certificate;

(ii)the applicant’s marriage or civil partnership certificate;

(iii)the applicant’s adoption certificate;

(iv)the applicant’s firearms certificate granted under the Firearms Act 1968;

(v)the record of a decision on bail made in respect of the applicant in accordance with section 5(1) of the Bail Act 1976;

(vi)the applicant’s driving licence, which is not in the form of a photocard; or

(vii)the applicant’s driving licence granted other than in the United Kingdom or Crown Dependencies, which bears a photograph of the applicant and which must be valid for at least 12 months from the date the applicant entered the United Kingdom; and

(b)two other documents, each of which may be either from paragraph (a) or from sub-paragraph (4).

(4) Where the applicant is not able to give documents in accordance with sub-paragraph (3), the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of four documents, each of which may be any of the following kinds of evidence and which must bear the applicant’s full name—

(a)a financial statement, including but not limited to—

(i)a mortgage statement;

(ii)a bank or building society statement or a letter from a bank or building society confirming that the applicant has opened an account with that bank or building society;

(iii)a credit card statement;

(iv)a pension statement;

(b)a council tax demand letter or statement;

(c)a utility bill;

(d)a Form P45 or Form P60 issued to the applicant by their employer or former employer;

(e)a statement of benefits or entitlement to benefits, such as a statement of child benefit, within the meaning of section 141 of the Social Security Contributions and Benefits Act 1992, or a letter confirming that the applicant is entitled to housing benefit, within the meaning of section 130 of that Act.

(5) If an applicant is unable to give the documentary evidence required under sub-paragraphs (2) to (4), the registration officer may require that the applicant give an attestation which must—

(a)confirm that the applicant is the person named in the application,

(b)be in writing and signed by a qualifying attestor,

(c)state the qualifying attestor’s full name, date of birth, occupation, residential address and (if different) the address in respect of which the qualifying attestor is registered as an elector,

(d)state—

(i)where the qualifying attestor is registered in pursuance of an overseas elector’s declaration, the attestor’s British passport number together with its date and place of issue;

(ii)otherwise, the qualifying attestor’s electoral number,

(e)include an explanation as to the qualifying attestor’s ability to confirm that the applicant is the person named in the application, including (but not limited to) the qualifying attestor’s connection to the applicant and the length of time that that connection has existed,

(f)include—

(i)an indication that the qualifying attestor is aware of section 13D(1) of the 1983 Act (offence of provision of false information to a registration officer), and

(ii)a declaration by the qualifying attestor that all information provided in the attestation is true, and

(g)state the date on which it is made.

(6) In sub-paragraph (5), a “qualifying attestor” is a person—

(a)who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant,

(b)who is registered as an elector in a local authority area in England or Wales

(c)except where the person is registered in pursuance of an overseas elector’s declaration, whom the registration officer is satisfied is of good standing in the community, and

(d)who has not already signed a relevant identity attestation for two other applicants since, whichever is the later,—

(i)the date on which the revised register in which the qualifying attestor’s name appears was last published under section 13(1) of the 1983 Act; or

(ii)the date on which a notice specifying the qualifying attestor’s entry in the register was issued under (as the case may be) section 13A(2), 13AB(2), 13B or 13BC of that Act (and if there has been more than one such notice, the date on which the last one was issued).

(7) In sub-paragraph (6)(d), a “relevant identity attestation” is an attestation provided in accordance with—

(a)sub-paragraph (5);

(b)regulation 26B(6) or 56C(6) of the 2001 Regulations;

(c)regulation 26B(6) or 56C(6) of the Representation of the People (Scotland) Regulations 2001;

(d)regulation 72B(6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016;

(e)regulation 7(6) of the Voter Identification Regulations 2022.

(8) Sub-paragraphs (2) to (6) do not apply where the applicant is registered, or has applied to be registered, in the register of electors in pursuance of the following declarations—

(a)a service declaration on the grounds that the applicant is a Crown servant or the spouse or civil partner of a Crown servant;

(b)a service declaration on the grounds that the applicant is a member of the forces; or

(c)a service declaration on the grounds that the applicant is the spouse or civil partner of a member of the forces.

(9) In the case of an application to which sub-paragraph (8)(a) or (c) applies, the registration officer may require that the applicant give them a copy, or where the registration officer considers it appropriate, the original, of one of the following documents, which has been certified by a Crown servant or British Council employee or an officer of the forces, who is not the applicant’s spouse or civil partner—

(a)the applicant’s passport; or

(b)the applicant’s identity card issued in the European Economic Area.

(10) In the case of an application to which sub-paragraph (8)(b) applies, the registration officer may require that the applicant give an attestation which must—

(a)confirm that the applicant is the person named in the application;

(b)be in writing and signed by an officer of the forces who is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the applicant;

(c)state the full name, address and rank of the person signing the attestation and the service (whether naval, military or air forces) in which they serve; and

(d)state the date on which it is made.

(11) In this paragraph—

Crown Dependency” means the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man;

Crown servant” has the meaning given by regulation 14 of the 2001 Regulations;

member of the forces” has the same meaning as in section 59(1) of the 1983 Act;

officer of the forces” means a member of the forces who is an officer.

(12) This paragraph does not apply in relation to an application under paragraph 3(2)—

(a)which is received by the registration officer after 5pm on the sixth day before the date of the poll at the election for which it is made, and

(b)where paragraph 16(2) or (2C) applies.

Processing of information provided in connection with an application for an absent vote U.K.

16D.(1) If a person provides an original document under paragraph 16C, the registration officer must make a copy of that document and return the original document to the person who provided it.

(2) In respect of an application for an absent vote under Part 1, the registration officer must retain until the application has been determined—

(a)the application form or, in the case of an application made through the digital service, the information contained in the application transmitted to the registration officer by the Secretary of State;

(b)any other information or documents provided to the registration officer in connection with the application or, in the case of original documents which are returned under paragraph (1), a copy of such documents.

(3) Subject to paragraph (4), the registration officer may retain the application form, information and documents in paragraph (2) after the application has been determined but, if they do so, must delete the applicant’s national insurance number from the application form, information and documents in paragraph (2) by no later than the date which is 13 months from the date on which the registration officer determined the application.

(4) The requirement to delete the national insurance number in paragraph (3) does not apply where the application, information and documents in paragraph (2) are required for the purpose of any civil or criminal proceedings.

(5) Information disclosed under paragraph 16B must not be disclosed to any other person, except—

(a)for the purpose of determining the application for an absent vote in connection with which the information was disclosed, or

(b)for the purpose of any civil or criminal proceedings.

(6) A person who discloses information in breach of sub-paragraph (5) is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine (or both);

(b)on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine (or both).

(7) Any information disclosed under paragraph 16B must be processed in accordance with any requirements as to the processing of information that may have been imposed by the Secretary of State for Levelling Up, Housing and Communities in writing in advance of that processing, including requirements as to the transfer, storage, destruction and security of that information.

(8) In this paragraph, “copy” includes an electronic copy.]

Grant or refusal of applicationsU.K.

17.—(1) Where the registration officer grants an application to vote by post, the officer must notify the applicant [F16of that decision and the date of the poll of the PCC election for which the applicant may vote by post].

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

(3) Where the registration officer refuses an application under Part 1 of this Schedule, the officer must notify the applicant, stating the reason for the refusal.

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

(a)paragraph 3(5)(a) by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 F17..., or

(b)paragraph 7(6) by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 F18...,

the officer must notify the applicant.

[F19(4A) Sub-paragraphs (4B) to (4E) apply where—

(a)sub-paragraph (2) of paragraph 12 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored, or

(b)sub-paragraph (2) of paragraph 13 applies to an application, or would have applied if paragraph (3) of that paragraph were ignored.

(4B) A notification under sub-paragraphs (1) or (4) to one of the following types of applicants must also include a statement that ballot papers will be sent to the postal ballot delivery address—

(a)an applicant registered in pursuance of a service declaration;

(b)an applicant registered in pursuance of a declaration of local connection (within the meaning of section 7B of the 1983 Act);

(c)an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Act);

(d)an applicant who has an anonymous entry.

(4C) Where paragraphs (a) to (d) of sub-paragraph (4B) do not apply to the applicant, the registration officer must, in addition to notifying the applicant in accordance with sub-paragraphs (1), (3), (4) or (6), notify the applicant in writing that—

(a)the application has been granted, refused or disregarded, and

(b)where the application has been granted, ballot papers will be sent to the postal ballot delivery address.

(4D) A notification under sub-paragraph (4C) must be delivered to—

(a)where both sub-paragraphs (4)(b) and (4A)(b) apply, the address shown in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000;

(b)otherwise—

(i)the address stated in the application in accordance with paragraph 11(1)(b), or

(ii)the proxy’s address stated in the application in accordance with paragraph 11(1)(c).

(4E) In sub-paragraphs (4B) and (4C), the “postal ballot delivery address” means—

(a)where sub-paragraph (4A)(a) applies, the address stated in the application in accordance with paragraph 11(1)(d);

(b)where sub-paragraph (4A)(b) applies, the different address described in paragraph 13(1).]

(5) The registration officer must, where practicable, notify the elector of the following, in each case stating the reason—

(a)where the appointment of a proxy is cancelled by the elector, that the appointment has been cancelled, or

(b)where the appointment otherwise ceases to be in force, that the appointment has ceased.

(6) Where, under paragraph 16, a registration officer refuses an application or disregards a notice for the purposes of any PCC election, the officer must notify the applicant of this.

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