C1C3C4C2SCHEDULE 5THE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES

Annotations:
Modifications etc. (not altering text)

PART 5The Poll

F1Refusal to deliver ballot paper31A

1

Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

a

the voter’s electoral number, and

b

against that number, the reason for the refusal.

2

Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

a

the name and address of the voter, and

b

against those details, the reason for the refusal.

3

Paragraphs (4) and (5) apply where—

a

a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 27(1E), and

b

the voter or proxy makes a further application under rule 27(1).

4

If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

5

If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

6

Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy).

7

For the purposes of paragraph (1)(a), a person’s “electoral number” is the number—

a

allocated to the person as stated in the copy of the register of electors, or

b

where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

8

Subject to rule 27(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever.

9

A refusal to deliver a ballot paper to a voter or proxy is subject to review in proceedings brought as mentioned in section 61N(3) of the 1990 Act.

10

In this rule—

a

except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 25(3) or 27(1E), and

b

any reference to paragraph (1E) or (1G) of rule 27 includes a reference to that paragraph as applied by rule 28, 29 or 30.