This Statutory Instrument has been printed to correct errors in S.I. 2023/1147 and is being issued free of charge to all known recipients of that Statutory Instrument.
2024 No. 99
The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024
Made
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 201(3) of, and rule 28(3) and (3A) of Schedule 1 to the Representation of the People Act 19831, paragraph 16 of Schedule 4B to the Town and Country Planning Act 19902, sections 52ZQ(1) and 113(1) and (2) of the Local Government Finance Act 19923, sections 9HE(1), 9MG(2) to (5) and 105(2) of the Local Government Act 20004, section 114(1) of, and paragraphs 12(1) and (3) of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 20095 and sections 18(1) and 21(3) of the Recall of MPs Act 20156.
The Secretary of State has consulted the Electoral Commission in accordance with paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990, section 52ZQ(6) of the Local Government Finance Act 1992, section 9HE(4) of the Local Government Act 2000, section 7(1) and (2)(e) and (k) of the Political Parties, Elections and Referendums Act 20007, and paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009.
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 201(2) of the Representation of the People Act 19838, section 333(3A) of the Town and Country Planning Act 19909, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000, section 117(2) of the Local Democracy, Economic Development and Construction Act 200910 and sections 18(8) and 21(6)(a) of the Recall of MPs Act 2015.
Citation, commencement and extent1
1
These Regulations may be cited as the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024 and come into force on the day after the day on which they are made.
2
This regulation and regulation 2(1) and (7) extend to England and Wales, Scotland and Northern Ireland.
3
Regulation 2(2) extends to England and Wales and Scotland.
4
The remainder of these Regulations extends to England and Wales.
Amendment of the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 20232
1
Schedule 2 to the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (transitional provisions and savings)11 is amended as follows.
2
In Part 2 (provisions related to the 2001 Regulations and related to Parliamentary elections), in paragraph 4 (poll card forms for certain parliamentary elections), after sub-paragraph (2) insert—
3
Sub-paragraph (4) applies in respect of a parliamentary election for which—
a
the notice of election is published in accordance with rule 5 of Schedule 1 to the Representation of the People Act 198312 on or after 31st January 2024, and
b
the date of poll stated in that notice is on or before 1st May 2024.
4
Form A1 (official postal poll card (to be sent to an elector voting by post)) and Form B1 (official proxy postal poll card (to be sent to an appointed proxy voting by post)) in Schedule 3 to the 2001 Regulations apply as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—
(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)
3
In Part 3 (local authority mayoral elections), in paragraph 9 (poll card forms for certain local authority mayoral elections), after sub-paragraph (3) insert—
4
Sub-paragraph (5) applies in respect of an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 200013 for which—
a
the notice of election is published in accordance with rule 5 of the mayoral election rules on or after 31st January 2024, and
b
the date of poll stated in that notice is on or before 1st May 2024.
5
Form 9 (official postal poll card) and Form 11 (official proxy postal poll card) in the mayoral election rules apply as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—
(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)
4
In Part 4 (referendums under Part 1A of the Local Government Act 2000), in paragraph 13 (poll card forms for certain referendums), after sub-paragraph (3) insert—
4
Sub-paragraph (5) applies in respect of a referendum for which—
a
the notice of referendum is published in accordance with rule 5 of the referendum rules on or after 31st January 2024, and
b
the date of poll stated in that notice is on or before 1st May 2024.
5
The form of the Official Postal Poll Card (to be sent to a voter voting by post) and the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) in the referendum rules apply as if, on the back of the form, for the text that begins “vote as a proxy at the same referendum” and ends with “grandchild” there were substituted—
(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four voters, of which no more than two may be on behalf of other domestic voters (a domestic voter is one who is not an overseas or service voter)
5
In Part 5 (referendums under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992), in paragraph 17 (poll card forms for certain referendums), after sub-paragraph (3) insert—
4
Sub-paragraph (5) applies in respect of a referendum for which—
a
the notice of referendum is published in accordance with rule 5 of the referendum rules on or after 31st January 2024, and
b
the date of poll stated in that notice is on or before 1st May 2024.
5
The form of the Official Postal Poll Card (to be send to a voter voting by post) and the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) in the referendum rules apply as if, on the back of the form, for the text that begins “vote as a proxy at the same referendum” and ends with “grandchild” there were substituted—
(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four voters, of which no more than two may be on behalf of other domestic voters (a domestic voter is one who is not an overseas or service voter)
6
In Part 8 (referendums under Schedule 4B to the Town and Country Planning Act 1990), in paragraph 30 (poll card forms for certain referendums), after sub-paragraph (5) insert—
6
The following apply subject to the modification in sub-paragraph (7) in respect of a referendum for which the notice of referendum is published in accordance with rule 5 of the referendum rules on or after 31st January 2024 and the date of poll stated in that notice is on or before 1st May 2024—
a
form 8 (official postal poll card (to be sent to a voter voting by post)) and form 10 (official proxy postal poll card (to be sent to an appointed proxy voting by post)) in Schedule 3 to the 2012 Regulations;
b
form 9 (official postal poll card (to be sent to a voter voting by post)) and form 11 (official proxy postal poll card (to be sent to an appointed proxy voting by post)) in Schedule 5 to the 2012 Regulations.
7
The form applies as if, on the back of the form, for the text that begins “vote as a proxy at the same referendum” and ends with “grandchild” there were substituted—
(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four voters, of which no more than two may be on behalf of other domestic voters (a domestic voter is one who is not an overseas or service voter)
7
In Part 9 (recall petitions), in paragraph 37 (official petition notice forms for certain recall petitions)—
a
in sub-paragraph (3) for “apply” substitute “applies”
;
b
after sub-paragraph (3) insert—
3A
Form E (official petition notice for an elector who may sign the petition by post) in Part 1 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the second page of the notice, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—
In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)
3B
Form G (official petition notice for a proxy who may sign the petition by post) in Part 1 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the third page of the form, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—
In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)
c
in sub-paragraph (5), for “apply” substitute “applies”
;
d
after sub-paragraph (5) insert—
6
Form E (official petition notice for an elector who may sign the petition by post) in Part 3 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the second page of the notice, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—
In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)
7
Form G (official petition notice for a proxy who may sign the petition by post) in Part 3 of Schedule 2 to the 2016 Regulations applies in respect of a recall petition to which sub-paragraph (8) applies as if, on the final page of the form, for the text that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—
In the case of a proxy appointed on or after 31st October 2023, sign the petition as a proxy on behalf of more than four people, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)
8
This sub-paragraph applies to a recall petition for which—
a
the Speaker’s notice is given in accordance with section 5(1) of the Recall of MPs Act 2015 on or after 31st January 2024, and
b
the date for the beginning of the signing period14 for that petition is on or before 1st May 2024.
8
In Part 10 (combined authority mayoral elections), in paragraph 42 (poll card forms for certain combined authority mayoral elections), after sub-paragraph (3) insert—
4
Sub-paragraph (5) applies in respect of an election for the return of a mayor as provided for in an order made under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 for which—
a
the notice of election is published in accordance with rule 5 of the mayoral election rules on or after 31st January 2024, and
b
the date of poll stated in that notice is on or before 1st May 2024.
5
Form 9 (official postal poll card) and Form 11 (official proxy postal poll card) in the mayoral election rules apply as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—
(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
(This note is not part of the Regulations)