OpenLegislation

Article 10 Grant or refusal of applications for a postal or proxy vote

Original text. Later amendments are not shown.

In paragraph 10 (grant or refusal of applications for a postal or proxy vote) of schedule 3—

(a)

after sub-paragraph (1), insert—

“(1A)

Where the ERO grants an application to vote by post, the notification under sub-paragraph (1) must include—

(a)

where the postal vote entitlement is for a particular election, the date of the poll for which the elector’s entitlement to vote by post has been granted,

(b)

otherwise, the date on which the elector’s entitlement to vote by post ends.”,

(b)

after sub-paragraph (7) insert—

“(7A)

Sub-paragraphs (7B) to (7D) apply where—

(a)

an application has been made under article 8, 9 or 11, and

(b)

either—

(i)

paragraph 4(1) applies to that application, or would have applied if sub-paragraph (4) of that paragraph were ignored, or

(ii)

paragraph 4(2) applies to that application, or would have applied if sub-paragraph (4) of that paragraph were ignored.

(7B)

A notification under sub-paragraph (1) 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 local connection (within the meaning of section 7B of the 1983 Actf1),

(c)

an applicant who is a merchant seaman (within the meaning of section 6 of the 1983 Actf2),

(d)

an applicant who has an anonymous entry.

(7C)

Where heads (a) to (d) of sub-paragraph (7B) do not apply to the applicant, the ERO must, in addition to notifying the applicant in accordance with sub-paragraphs (1), (4) or (5), 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.

(7D)

A notification under sub-paragraph (7C) must be delivered to—

(a)

where sub-paragraph (7A)(b)(ii) applies and the notification is to be delivered to a person shown as voting by post in the record kept under article 9(5)(a), the address shown in that record,

(b)

otherwise—

(i)

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

(ii)

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

(7E)

In sub-paragraph (7B) “service declaration” has the same meaning as in section 202(1) of the 1983 Actf3.

(7F)

In sub-paragraphs (7B) and (7C) the “postal ballot delivery address” means—

(a)

where sub-paragraph (7A)(b)(i) applies, the different address described in paragraph 4(1),

(b)

where sub-paragraph (7A)(b)(ii) applies, the address stated in the application in accordance with paragraph 1(1)(e).”.

Annotations

Footnotes

f1

Section 7B was inserted by section 6 of the Representation of the People Act 2000 (c. 2) and relevantly amended by section 8(2), (3) and (4) of the Scottish Elections (Reduction of Age) Act 2015 (asp 7), sections 1(4)(a) and (b) and 8(2) of the Scottish Elections (Franchise and Representation) Act 2020 (asp 6), S.I. 2007/1388 and S.S.I. 2025/313.

f2

Section 6 was amended by paragraph 2 of schedule 1 of the Representation of the People Act 2000 (c. 2).

f3

Section 202(1) was relevantly amended by paragraph 3 of schedule 4 of the Elections Act 2022.