The Recall of MPs Act 2015 (Recall Petition) Regulations 2016
Draft 2016, ISBN 9780111141991
This draft Statutory Instrument supersedes the Recall of MPs Act 2015 (Recall Petition) Regulations 2015 which were laid before Parliament and published on 5th November 2015 (ISBN 978-0-11-114060-4). It is being issued free of charge to all known recipients of that draft Statutory Instrument.
Draft Regulations laid before Parliament under section 21(6) of the Recall of MPs Act 2015, for approval by resolution of each House of Parliament.
Representation Of The People
Made
Coming into force in accordance with regulation 1
The Chancellor of the Duchy of Lancaster makes the following Regulations in exercise of the powers conferred by sections 8(1) and (2), 9(5) and 18(1) of, and paragraph 9(1)(c)(ii) of Schedule 5 to, the Recall of MPs Act 2015 (“the Act”)f1 and now vested in himf2, section 26(2) of the Welsh Language Act 1993f3 as applied by section 21(5) of the Act and section 13BC of the Representation of the People Act 1983f4.
The Chancellor of the Duchy of Lancaster has consulted the Electoral Commission as required by section 7(2)(k) of the Political Parties, Elections and Referendums Act 2000f5.
A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 21(6) of the Act.
Annotations to the whole text
Footnotes
- f1
-
2015 c. 25 (“the Act”).
- f2
-
Powers under these sections are vested in “the Minister”, which is defined by section 22(1) as the Lord President of the Council or the Secretary of State. Under article 3 of the Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376) these powers are now exercisable concurrently by the Secretary of State and the Chancellor of the Duchy of Lancaster.
- f3
-
1993 c. 38; the Chancellor of the Duchy of Lancaster is the “appropriate Minister” for the purposes of section 27(4).
- f4
- f5
-
2000 c. 41; this provision was added by paragraphs 2 and 3(6) of Schedule 6 to the Act.
Contents
- Part 1: GENERAL
- 1Citation and commencement
- 2Application
- 3Interpretation
- Part 2: THE REGISTER
- 4The register
- 5Order of names
- 6Anonymous entries
- 7Publication of register
- 8Publication of 10% threshold
- 9Supply of register
- Part 3: CONDUCT
- Chapter 1: General Provisions
- 10The signing sheet
- 11Corresponding number lists
- 12The official mark
- 13Use of public rooms
- Chapter 2: Action to be Taken Before the Petition
- 14Notice of petition
- 15Availability for signing the petition
- 16Allotment of petition signing places
- 17Appointment of petition assistants
- 18Issue of official petition notice
- 19Equipment at petition signing place
- 20Identification of secure storage
- 21Notification of requirement of secrecy
- Chapter 3: The Petition
- 22Admission to petition signing place
- 23Keeping order at a petition signing place
- 24Sealing of ballot boxes
- 25Questions to be put to persons signing the petition
- 26Challenge of person signing the petition
- 27Signing procedure: England and Wales and Scotland
- 28Signing procedure: Northern Ireland
- 29Signing sheets endorsed by petition clerk
- 30Tendered signing sheets
- 31Refusal to deliver signing sheet: Northern Ireland
- 32Spoilt signing sheets
- 33Daily verification and storage
- 34Reporting discrepancies
- 35Correction of errors during the signing period
- 36Adjournment of petition in case of riot
- 37Procedure on close of petition
- Chapter 4: Counting Signing Sheets
- 38Attendance at counting of signatures
- 39The count
- 40Rejected signing sheets
- 41Decisions on signing sheets
- 42Public notice of outcome of petition
- Chapter 4: Disposal of Documents
- 43Sealing up of signing sheets
- 44Delivery of documents to the registration officer: England and Wales and Northern Ireland
- 45Orders for production of documents: England and Wales and Northern Ireland
- 46Retention of documents: England and Wales and Northern Ireland
- 47Retention and disposal of documents: Scotland
- 48Access to marked registers
- Part 4: ABSENT SIGNERS
- Chapter 1: Entitlement to Absent Signing
- 49Interpretation
- 50Entitlement to sign by post or proxy
- 51Absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland
- 52Absent signing at any petition for an indefinite period: Northern Ireland
- 53Absent signing at a particular petition: England and Wales and Scotland
- 54Absent signing at a particular petition: Northern Ireland
- 55Absent signers lists: England and Wales and Scotland
- 56Absent signers list: Northern Ireland
- 57Proxies at petitions
- 58Signing the petition as a proxy
- 59The personal identifiers record: England and Wales and Scotland
- Chapter 2: Applications for Absent Signing
- 60General requirements for applications for absent signing
- 61Additional requirements for applications for signing sheets to be sent to different address from that stated in application
- 62Additional requirements for applications for signing sheets to be sent to different addresses from that shown in the record kept by the registration officer
- 63Additional requirements for applications for the appointment of a proxy
- 64Additional requirements for applications for a proxy signature for a definite or an indefinite period on grounds of blindness or other disability: England and Wales and Scotland
- 65Additional requirements for applications for a proxy signature for an indefinite period on grounds of blindness or other disability: Northern Ireland
- 66Additional requirements for applications for a proxy signature for a definite or an indefinite period based on occupation, service, employment or attendance on a course
- 67Additional provision concerning the requirement that an application for absent signing must be signed by the applicant: England and Wales and Scotland
- 68Additional requirements for applications for a proxy signature in respect of a particular petition: England and Wales and Scotland
- 69Additional requirements: applications for an emergency proxy signature in respect of a particular petition: England and Wales and Scotland
- 70Additional requirements for applications in respect of a particular petition: Northern Ireland
- 71Closing date for applications: England and Wales and Scotland
- 72Closing date for applications: Northern Ireland
- 73Grant or refusal of applications
- 74Appeals: England and Wales
- 75Appeals: Scotland
- 76Appeals: Northern Ireland
- 77Notice of appeal
- 78Cancellation of proxy appointment
- 79Inquiries by registration officer
- 80Records and lists kept under this Part
- 81Marked register for petition signing place
- Part 5: ISSUE AND RECEIPT OF POSTAL SIGNING SHEETS
- Chapter 1: General
- 82Interpretation of Part 5
- 83Form of postal petition statement: England and Wales and Scotland
- 84Form of declaration of identity: Northern Ireland
- 85Postal signing packs
- 86Time when postal signing packs are to be issued
- Chapter 2: Issue of Postal Signing Sheets
- 87Procedure on issue of postal signing sheets
- 88Refusal to issue postal signing sheet
- 89Persons entitled to be present at proceedings on issue of postal petition signing sheets
- 90Notification of requirement of secrecy
- 91Envelopes
- 92Sealing up of corresponding number lists and security of special lists
- 93Delivery of postal signing sheets
- 94Spoilt postal signing sheets: England and Wales and Scotland
- 95Spoilt postal signing sheets: Northern Ireland
- 96Lost postal signing sheets: England and Wales and Scotland
- 97Lost postal signing sheets: Northern Ireland
- 98Cancellation of postal signing sheets
- Chapter 3: Receipt of Postal Signing Sheet etc
- 99Alternative means of returning postal signing sheets, postal petition statements and declarations of identity.
- 100Persons entitled to be present at proceedings on receipt of postal signing sheet
- 101Postal ballot boxes and receptacles
- 102Receipt of covering envelopes
- 103Opening of postal signers’ ballot box
- 104Opening of covering envelopes
- 105Procedure in relation to declarations of identity: Northern Ireland
- 106Confirming receipt of postal signing statements: England and Wales and Scotland
- 107Procedure in relation to postal petition statements: personal identifier verification: England and Wales and Scotland
- 108Opening of signing sheet envelopes
- 109Retrieval of cancelled postal signing sheets
- 110Lists of rejected postal signing sheets: England and Wales and Scotland
- 111Checking lists of rejected postal signing sheets: England and Wales and Scotland
- 112Sealing of receptacles
- 113Early termination of petition
- 114Forwarding of documents
- 115Notification of a rejected postal petition statement: England and Wales and Scotland
- 116Requirement to provide fresh signature following rejection of a postal petition statement: England and Wales and Scotland
- Part 6: OFFENCES
- 117Interpretation
- 118Personation
- 119Other signing offences
- 120Offences relating to applications for postal and proxy signing
- 121Breach of official duty
- 122Tampering with signing sheets etc.
- 123Requirement of secrecy
- 124Prohibition on publication of exit polls
- 125Broadcasting from outside United Kingdom
- 126Imitation of official petition notice
- 127Disturbances at petition meetings: England and Wales and Scotland
- 128Illegal canvassing by police officers
- 129False statements as to MP or accredited campaigner
- 130Payments for exhibition of petition notices
- 131Details to appear on petition publications
- 132Prohibition of paid canvassers
- 133Providing money for illegal purposes
- 134Bribery
- 135Treating
- 136Undue influence
- 137Absent signing
- 138Interference with notices
- 139Corrupt and illegal practices
- Part 7: MISCELLANEOUS
- 140Questioning the outcome of a petition
- 141Public notice of early termination
- 142Communication of applications, notices etc
- 143Electronic signatures and related certificates
- 144Forms
- 145Time
- 146Translations etc of certain documents
- 147Public notices and declarations
- 148Publication of documents
- 149Amendment to section 9(4) of the Act
- 150Modification of section 6C PPERA 2000
- 151Fee for the copy of the return or declaration or any other document
- 152Notices in connection with alteration of registers: amendments
- Signature
- Schedule 1: SUPPLY OF REGISTER
- 1Supply of copy of register of parliamentary electors to petition officer: England and Wales and Scotland
- 2Supply of record of anonymous entries to petition officer: England and Wales and Scotland
- 3Supply of register on request and specific restrictions
- Schedule 2: FORMS
- 1United Kingdom
- 2Welsh Forms
- 3Northern Ireland
- Schedule 3: ACCESS TO MARKED REGISTERS AFTER A PETITION
- 1Interpretation of this Schedule
- 2Supply of marked registers and lists after a petition
- 3Inspection of documents open to public inspection
- 4Restrictions on use, supply and disclosure of documents by the registration officer, Chief Electoral Officer for Northern Ireland and staff
- 5Other restrictions on use of documents or information contained in them
- 6Calculating the fee for supply of marked registers or lists
- Schedule 4: LEGAL PROCEEDINGS: APPLICATION TO RECALL PETITIONS OF EXISTING PROVISIONS
- Part 1: REPRESENTATION OF THE PEOPLE ACT 1983, PART 3
- 1Paragraph 1
- 2General modifications
- 3Questioning of a recall petition
- 4Questioning of a recall petition
- 5Questioning of a recall petition
- 6Questioning of a recall petition
- 7Questioning of a recall petition
- 8Procedure on recall petition complaints
- 9Procedure on recall petition complaints
- 10Procedure on recall petition complaints
- 11Procedure on recall petition complaints
- 12Procedure on recall petition complaints
- 13Procedure on recall petition complaints
- 14Procedure on recall petition complaints
- 15Procedure on recall petition complaints
- 16Procedure on recall petition complaints
- 17Procedure on recall petition complaints
- 18Procedure on recall petition complaints
- 19Consequences of finding by petition court of corrupt or illegal practice
- 20Consequences of finding by petition court of corrupt or illegal practice
- 21Consequences of finding by petition court of corrupt or illegal practice
- 22Further provision as to avoidance of recall petitions and striking off signatures
- 23Further provision as to avoidance of recall petitions and striking off signatures
- 24Further provision as to avoidance of recall petitions and striking off signatures
- 25Power to except innocent act from being illegal practice, payment, employment or hiring
- 26Prosecutions for corrupt or illegal practices
- 27Prosecutions for corrupt or illegal practices
- 28Prosecutions for corrupt or illegal practices
- 29Illegal payments, employments or hirings
- 30General provisions as to prosecutions
- 31General provisions as to prosecutions
- 32General provisions as to prosecutions
- 33General provisions as to prosecutions
- 34General provisions as to prosecutions
- 35General provisions as to prosecutions
- 36Supplemental
- 37Supplemental
- 38Supplemental
- 39Supplemental
- Part 2: THE ELECTION PETITION RULES 1960
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Explanatory note