The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Orders for production of documents: England and Wales and Northern Ireland E+W+N.I.

45.—(1) An order may be made by the bodies and in the circumstances described in paragraph (2)—

(a) for the inspection or production of any rejected signing sheets in the custody of the registration officer;

(b) for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty during the period of the petition;

(c) the inspection of any counted signing sheets in the custody of the registration officer.

(2) Those bodies and circumstances are—

(a) the House of Commons;

(b) if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to a petition, any court;

(c) any court considering a recall petition complaint.

(3) An order under this regulation may be made subject to such conditions as the body making the order thinks expedient as to—

(a) persons;

(b) time;

(c) place and mode of inspection;

(d) production or opening.

(4) In making and carrying into effect an order under this regulation the signature of any person must not be disclosed until it has been proved—

(a) that their signature was given; and

(b) that their signature has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of the county court under this regulation.

(6) Any power given under this regulation—

(a) to the High Court or, except in Northern Ireland, to the county court, may be exercised by any judge of the court otherwise than in open court; and

(b) in Northern Ireland to a county court, may be exercised in such manner as may be provided by rules of court.

(7) Where an order is made for the production by the registration officer of any document in their possession relating to any specified petition—

(a) the production by the registration officer or their agent of the document ordered in such manner as may be directed by that order is to be conclusive evidence that the document relates to the specified petition; and

(b) any endorsement on any packet of signing sheets so produced is to be prima facie evidence that the signing sheets are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a signing sheet purporting to have been used at any petition, and

(b) a completed corresponding number list with a number marked in writing beside the number of the signing sheet,

is to be prima facie evidence that the elector whose signature was given by that signing sheet was the person whose entry in the register (or on a notice issued under section 13BC(6) of the 1983 Act) at the time of the petition contained the same number as the number written as mentioned in subparagraph (b).

(9) Save as provided by this regulation, no person is to be allowed to inspect any rejected or counted signing sheet in the possession of the registration officer or to open any sealed packets of the completed corresponding number lists or of certificates.

Commencement Information

I1 Reg. 45 in force at 4.3.2016, see reg. 1