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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111141991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

1983 c. 2.

f5

2000 c. 41; this provision was added by paragraphs 2 and 3(6) of Schedule 6 to the Act.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Application
  4. 3Interpretation
  5. Part 2: THE REGISTER
  6. 4The register
  7. 5Order of names
  8. 6Anonymous entries
  9. 7Publication of register
  10. 8Publication of 10% threshold
  11. 9Supply of register
  12. Part 3: CONDUCT
  13. Chapter 1: General Provisions
  14. 10The signing sheet
  15. 11Corresponding number lists
  16. 12The official mark
  17. 13Use of public rooms
  18. Chapter 2: Action to be Taken Before the Petition
  19. 14Notice of petition
  20. 15Availability for signing the petition
  21. 16Allotment of petition signing places
  22. 17Appointment of petition assistants
  23. 18Issue of official petition notice
  24. 19Equipment at petition signing place
  25. 20Identification of secure storage
  26. 21Notification of requirement of secrecy
  27. Chapter 3: The Petition
  28. 22Admission to petition signing place
  29. 23Keeping order at a petition signing place
  30. 24Sealing of ballot boxes
  31. 25Questions to be put to persons signing the petition
  32. 26Challenge of person signing the petition
  33. 27Signing procedure: England and Wales and Scotland
  34. 28Signing procedure: Northern Ireland
  35. 29Signing sheets endorsed by petition clerk
  36. 30Tendered signing sheets
  37. 31Refusal to deliver signing sheet: Northern Ireland
  38. 32Spoilt signing sheets
  39. 33Daily verification and storage
  40. 34Reporting discrepancies
  41. 35Correction of errors during the signing period
  42. 36Adjournment of petition in case of riot
  43. 37Procedure on close of petition
  44. Chapter 4: Counting Signing Sheets
  45. 38Attendance at counting of signatures
  46. 39The count
  47. 40Rejected signing sheets
  48. 41Decisions on signing sheets
  49. 42Public notice of outcome of petition
  50. Chapter 4: Disposal of Documents
  51. 43Sealing up of signing sheets
  52. 44Delivery of documents to the registration officer: England and Wales and Northern Ireland
  53. 45Orders for production of documents: England and Wales and Northern Ireland
  54. 46Retention of documents: England and Wales and Northern Ireland
  55. 47Retention and disposal of documents: Scotland
  56. 48Access to marked registers
  57. Part 4: ABSENT SIGNERS
  58. Chapter 1: Entitlement to Absent Signing
  59. 49Interpretation
  60. 50Entitlement to sign by post or proxy
  61. 51Absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland
  62. 52Absent signing at any petition for an indefinite period: Northern Ireland
  63. 53Absent signing at a particular petition: England and Wales and Scotland
  64. 54Absent signing at a particular petition: Northern Ireland
  65. 55Absent signers lists: England and Wales and Scotland
  66. 56Absent signers list: Northern Ireland
  67. 57Proxies at petitions
  68. 58Signing the petition as a proxy
  69. 59The personal identifiers record: England and Wales and Scotland
  70. Chapter 2: Applications for Absent Signing
  71. 60General requirements for applications for absent signing
  72. 61Additional requirements for applications for signing sheets to be sent to different address from that stated in application
  73. 62Additional requirements for applications for signing sheets to be sent to different addresses from that shown in the record kept by the registration officer
  74. 63Additional requirements for applications for the appointment of a proxy
  75. 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
  76. 65Additional requirements for applications for a proxy signature for an indefinite period on grounds of blindness or other disability: Northern Ireland
  77. 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
  78. 67Additional provision concerning the requirement that an application for absent signing must be signed by the applicant: England and Wales and Scotland
  79. 68Additional requirements for applications for a proxy signature in respect of a particular petition: England and Wales and Scotland
  80. 69Additional requirements: applications for an emergency proxy signature in respect of a particular petition: England and Wales and Scotland
  81. 70Additional requirements for applications in respect of a particular petition: Northern Ireland
  82. 71Closing date for applications: England and Wales and Scotland
  83. 72Closing date for applications: Northern Ireland
  84. 73Grant or refusal of applications
  85. 74Appeals: England and Wales
  86. 75Appeals: Scotland
  87. 76Appeals: Northern Ireland
  88. 77Notice of appeal
  89. 78Cancellation of proxy appointment
  90. 79Inquiries by registration officer
  91. 80Records and lists kept under this Part
  92. 81Marked register for petition signing place
  93. Part 5: ISSUE AND RECEIPT OF POSTAL SIGNING SHEETS
  94. Chapter 1: General
  95. 82Interpretation of Part 5
  96. 83Form of postal petition statement: England and Wales and Scotland
  97. 84Form of declaration of identity: Northern Ireland
  98. 85Postal signing packs
  99. 86Time when postal signing packs are to be issued
  100. Chapter 2: Issue of Postal Signing Sheets
  101. 87Procedure on issue of postal signing sheets
  102. 88Refusal to issue postal signing sheet
  103. 89Persons entitled to be present at proceedings on issue of postal petition signing sheets
  104. 90Notification of requirement of secrecy
  105. 91Envelopes
  106. 92Sealing up of corresponding number lists and security of special lists
  107. 93Delivery of postal signing sheets
  108. 94Spoilt postal signing sheets: England and Wales and Scotland
  109. 95Spoilt postal signing sheets: Northern Ireland
  110. 96Lost postal signing sheets: England and Wales and Scotland
  111. 97Lost postal signing sheets: Northern Ireland
  112. 98Cancellation of postal signing sheets
  113. Chapter 3: Receipt of Postal Signing Sheet etc
  114. 99Alternative means of returning postal signing sheets, postal petition statements and declarations of identity.
  115. 100Persons entitled to be present at proceedings on receipt of postal signing sheet
  116. 101Postal ballot boxes and receptacles
  117. 102Receipt of covering envelopes
  118. 103Opening of postal signers’ ballot box
  119. 104Opening of covering envelopes
  120. 105Procedure in relation to declarations of identity: Northern Ireland
  121. 106Confirming receipt of postal signing statements: England and Wales and Scotland
  122. 107Procedure in relation to postal petition statements: personal identifier verification: England and Wales and Scotland
  123. 108Opening of signing sheet envelopes
  124. 109Retrieval of cancelled postal signing sheets
  125. 110Lists of rejected postal signing sheets: England and Wales and Scotland
  126. 111Checking lists of rejected postal signing sheets: England and Wales and Scotland
  127. 112Sealing of receptacles
  128. 113Early termination of petition
  129. 114Forwarding of documents
  130. 115Notification of a rejected postal petition statement: England and Wales and Scotland
  131. 116Requirement to provide fresh signature following rejection of a postal petition statement: England and Wales and Scotland
  132. Part 6: OFFENCES
  133. 117Interpretation
  134. 118Personation
  135. 119Other signing offences
  136. 120Offences relating to applications for postal and proxy signing
  137. 121Breach of official duty
  138. 122Tampering with signing sheets etc.
  139. 123Requirement of secrecy
  140. 124Prohibition on publication of exit polls
  141. 125Broadcasting from outside United Kingdom
  142. 126Imitation of official petition notice
  143. 127Disturbances at petition meetings: England and Wales and Scotland
  144. 128Illegal canvassing by police officers
  145. 129False statements as to MP or accredited campaigner
  146. 130Payments for exhibition of petition notices
  147. 131Details to appear on petition publications
  148. 132Prohibition of paid canvassers
  149. 133Providing money for illegal purposes
  150. 134Bribery
  151. 135Treating
  152. 136Undue influence
  153. 137Absent signing
  154. 138Interference with notices
  155. 139Corrupt and illegal practices
  156. Part 7: MISCELLANEOUS
  157. 140Questioning the outcome of a petition
  158. 141Public notice of early termination
  159. 142Communication of applications, notices etc
  160. 143Electronic signatures and related certificates
  161. 144Forms
  162. 145Time
  163. 146Translations etc of certain documents
  164. 147Public notices and declarations
  165. 148Publication of documents
  166. 149Amendment to section 9(4) of the Act
  167. 150Modification of section 6C PPERA 2000
  168. 151Fee for the copy of the return or declaration or any other document
  169. 152Notices in connection with alteration of registers: amendments
  170. Signature
  171. Schedule 1: SUPPLY OF REGISTER
  172. 1Supply of copy of register of parliamentary electors to petition officer: England and Wales and Scotland
  173. 2Supply of record of anonymous entries to petition officer: England and Wales and Scotland
  174. 3Supply of register on request and specific restrictions
  175. Schedule 2: FORMS
  176. 1United Kingdom
  177. 2Welsh Forms
  178. 3Northern Ireland
  179. Schedule 3: ACCESS TO MARKED REGISTERS AFTER A PETITION
  180. 1Interpretation of this Schedule
  181. 2Supply of marked registers and lists after a petition
  182. 3Inspection of documents open to public inspection
  183. 4Restrictions on use, supply and disclosure of documents by the registration officer, Chief Electoral Officer for Northern Ireland and staff
  184. 5Other restrictions on use of documents or information contained in them
  185. 6Calculating the fee for supply of marked registers or lists
  186. Schedule 4: LEGAL PROCEEDINGS: APPLICATION TO RECALL PETITIONS OF EXISTING PROVISIONS
  187. Part 1: REPRESENTATION OF THE PEOPLE ACT 1983, PART 3
  188. 1Paragraph 1
  189. 2General modifications
  190. 3Questioning of a recall petition
  191. 4Questioning of a recall petition
  192. 5Questioning of a recall petition
  193. 6Questioning of a recall petition
  194. 7Questioning of a recall petition
  195. 8Procedure on recall petition complaints
  196. 9Procedure on recall petition complaints
  197. 10Procedure on recall petition complaints
  198. 11Procedure on recall petition complaints
  199. 12Procedure on recall petition complaints
  200. 13Procedure on recall petition complaints
  201. 14Procedure on recall petition complaints
  202. 15Procedure on recall petition complaints
  203. 16Procedure on recall petition complaints
  204. 17Procedure on recall petition complaints
  205. 18Procedure on recall petition complaints
  206. 19Consequences of finding by petition court of corrupt or illegal practice
  207. 20Consequences of finding by petition court of corrupt or illegal practice
  208. 21Consequences of finding by petition court of corrupt or illegal practice
  209. 22Further provision as to avoidance of recall petitions and striking off signatures
  210. 23Further provision as to avoidance of recall petitions and striking off signatures
  211. 24Further provision as to avoidance of recall petitions and striking off signatures
  212. 25Power to except innocent act from being illegal practice, payment, employment or hiring
  213. 26Prosecutions for corrupt or illegal practices
  214. 27Prosecutions for corrupt or illegal practices
  215. 28Prosecutions for corrupt or illegal practices
  216. 29Illegal payments, employments or hirings
  217. 30General provisions as to prosecutions
  218. 31General provisions as to prosecutions
  219. 32General provisions as to prosecutions
  220. 33General provisions as to prosecutions
  221. 34General provisions as to prosecutions
  222. 35General provisions as to prosecutions
  223. 36Supplemental
  224. 37Supplemental
  225. 38Supplemental
  226. 39Supplemental
  227. Part 2: THE ELECTION PETITION RULES 1960
  228. 40Paragraph 40
  229. 41Paragraph 41
  230. 42Paragraph 42
  231. 43Paragraph 43
  232. 44Paragraph 44
  233. 45Paragraph 45
  234. 46Paragraph 46
  235. 47Paragraph 47
  236. 48Paragraph 48
  237. Explanatory note