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The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

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

Draft 2023, ISBN 9780348249682

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.

Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983, section 333(3A) of the Town and Country Planning Act 1990, 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 2009, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011 and section 21(6) of the Recall of MPs Act 2015, for approval by resolution of each House of Parliament.

Council Tax, England

Local Government, England

Police, England And Wales

Representation Of The People

Town And Country Planning, England

Made ***

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State makes these Regulations in exercise of the powers conferred by the provisions specified in Schedule 1 to these Regulations.

The Secretary of State has consulted—

(a)

the Electoral Commission, in accordance with section 53(5)(a) of the Representation of the People Act 1983f1, paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990f2, section 52ZQ(6) of the Local Government Finance Act 1992f3, section 9HE(4) of the Local Government Act 2000f4, section 7(1) and (2)(e), (hc) and (k) of the Political Parties, Elections and Referendums Act 2000f5, and paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009f6,

(b)

the Information Commissioner and such other persons as the Secretary of State considers appropriate, in accordance with section 53(5)(b) and (c) of the Representation of the People Act 1983,

(c)

the Scottish Ministers, in accordance with section 15(5C) of the Representation of the People Act 1985f7, and

(d)

the Welsh Ministers, in accordance with section 15(5D) of the Representation of the People Act 1985f8.

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 1983f9, section 333(3A) of the Town and Country Planning Act 1990f10, section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000f11, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009f12, section 154(2)(b) of the Police Reform and Social Responsibility Act 2011f13 and section 21(6) of the Recall of MPs Act 2015f14.

Annotations to the whole text

Footnotes

f1

1983 c. 2. Section 53(5) was inserted by paragraph 5 of Schedule 2 to the Electoral Registration and Administration Act 2013 (c. 6).

f2

1990 c. 8. Schedule 4B was inserted by section 116(2) of, and Schedule 10 to, the Localism Act 2011 (c. 20) and was amended by sections 140(1) and 141 of the Housing and Planning Act 2016 (c. 22) and by S.I. 2013/2597, 2018/1232, 2021/1265. It is prospectively amended by section 7 of the Neighbourhood Planning Act 2017 (c. 20) from a date and time to be appointed.

f3

1992 c. 14. Section 52ZQ was inserted by section 72(1) of, and Schedule 5 to, the Localism Act 2011 and amended by S.I. 2021/1265.

f4

2000 c. 22. Section 9HE was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and amended by S.I. 2013/2597, 2021/1265.

f5

2000 c. 41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c. 13). Section 7(2)(k) was inserted by paragraph 3(6) of Schedule 6 to the Recall of MPs Act 2015 (c. 25).

f6

2009 c. 20. Schedule 5B was inserted by section 2(2) of, and Schedule 1 to, the Cities and Local Government Devolution Act 2016 (c. 1), and was amended by section 2(2) of the Local Government (Disqualification) Act 2022 (c. 17), by section 13(13) and (14) of the Elections Act 2022 (c. 37) and by S.I. 2021/1265. It is prospectively amended by paragraph 6 of Schedule 5 to the Elections Act 2022 from a date and time to be appointed.

f7

1985 c. 50. Subsection (5C) was inserted by section 4(2) of the Scotland Act 2016 (c. 11).

f8

Subsection (5D) was inserted by section 5(2) of the Wales Act 2017 (c. 4).

f9

Section 201(2) was substituted by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and was amended by paragraph 6(1) and (7)(b) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41), by section 13(2) of the Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13) and by S.I. 1991/1728. It is prospectively amended by paragraph 1(9)(a) of Schedule 8 to the Elections Act 2022 from a date and time to be appointed.

f10

Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011.

f11

Section 105 was amended by paragraph 14(2) of Schedule 3 to the Local Government Act 2003 (c. 26), by paragraph 70 of Schedule 3, and paragraph 52 of Schedule 4, to the Localism Act 2011 and by S.I. 2013/2597, 2018/644, 2021/1265.

f12

Section 117(2) was substituted by section 13(2) of the Localism Act 2011.

f13

2011 c. 13.

f14

2015 c. 25.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement, extent, transitional provisions and savings
  3. Part 2: Amendment of the Representation of the People (England and Wales) Regulations 2001
  4. 2Introduction to Part 2
  5. 3Amendment of Part 1 (general, interpretation and miscellaneous)
  6. 4Amendment of Part 3 (registration)
  7. 5Amendment of Part 4 (absent voters)
  8. 6Amendment of Schedule 3 (forms)
  9. Part 3: Amendment of the Representation of the People (Scotland) Regulations 2001
  10. 7Introduction to Part 3
  11. 8Amendment of Part 1 (general, interpretation and miscellaneous)
  12. 9Amendment of Part 3 (registration)
  13. 10Amendment of Part 4 (absent voters)
  14. 11Amendment of Schedule 3 (forms)
  15. Part 4: Other amendments
  16. 12Amendment of the Representation of the People (Scotland) Regulations 1986
  17. 13Amendment of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  18. 14Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  19. 15The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  20. 16The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
  21. 17Amendment of the Police and Crime Commissioner Elections Order 2012
  22. 18Amendment of the Neighbourhood Planning (Referendums) Regulations 2012
  23. 19The Recall of MPs Act 2015 (Recall Petition) Regulations 2016
  24. 20Amendment of the Combined Authorities (Mayoral Elections) Order 2017
  25. 21Amendment of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021
  26. 22Amendment of the Voter Identification Regulations 2022
  27. Signature
  28. Schedule 1Enabling Powers
  29. Schedule 2: Transitional provisions and savings
  30. Part 1: Introduction
  31. 1Interpretation
  32. Part 2: Provisions related to the 2001 Regulations and related to Parliamentary elections
  33. 2Interpretation
  34. 3Requirement to notify that postal vote entitlement is to end where entitlement altered by paragraph 4 of Schedule 3 to EA 2022
  35. 4Poll card forms for certain parliamentary elections
  36. 5Proxy paper form for certain proxy appointments
  37. 6Savings for certain parliamentary elections combined with other elections or referendums
  38. Part 3: Local authority mayoral elections
  39. 7Interpretation
  40. 8Questions for proxies at certain local authority mayoral elections
  41. 9Poll card forms for certain local authority mayoral elections
  42. Part 4: Referendums under Part 1A of the Local Government Act 2000
  43. 10Interpretation
  44. 11Questions for proxies at certain referendums
  45. 12Disapplication of amendments to the modifications of section 61 of the Representation of the People Act 1983 in respect of an ongoing referendum
  46. 13Poll card forms for certain referendums
  47. Part 5: Referendums under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992
  48. 14Interpretation
  49. 15Questions for proxies at certain referendums
  50. 16Disapplication of amendments to the modifications of section 61 of the Representation of the People Act 1983 in respect of an ongoing referendum
  51. 17Poll card forms for certain referendums
  52. Part 6: Police and Crime Commissioner elections: general
  53. 18Interpretation
  54. 19Proxy voting offences and restrictions for certain proxy appointments
  55. 20Saving for certain postal and proxy voting entitlements at ongoing PCC elections in Wales
  56. 21Questions for proxies at certain PCC elections
  57. 22Proxy paper form for certain proxy appointments
  58. 23Poll card forms for certain PCC elections
  59. 24Termination of certain proxy appointments
  60. 25Termination of applications for certain proxy appointments
  61. 26Saving for certain proxy appointments at ongoing PCC elections
  62. 7Police and Crime Commissioner Elections: Welsh form of statutory questions for elections held on or before 30th January 2024
  63. Part 8: Referendums under Schedule 4B to the Town and Country Planning Act 1990
  64. 27Interpretation
  65. 28Questions for proxies at certain referendums
  66. 29Disapplication of amendments to the modifications of section 61 of the Representation of the People Act 1983 in respect of an ongoing referendum
  67. 30Poll card forms for certain referendum
  68. Part 9: Recall petitions
  69. 31Interpretation
  70. 32Questions for proxies at certain recall petitions
  71. 33Limitation of certain pre-commencement postal signing entitlements
  72. 34Proxy signing offences and restrictions for certain proxy appointments
  73. 35Termination of certain proxy appointments
  74. 36Termination of applications for certain proxy appointments
  75. 37Official petition notice forms for certain recall petitions
  76. 38Proxy paper form for certain proxy appointments
  77. 39Saving for certain proxy appointments at ongoing recall petitions
  78. Part 10: Combined authority mayoral elections
  79. 40Interpretation of Part 10
  80. 41Questions for proxies at certain combined authority mayoral elections
  81. 42Poll card forms for certain combined authority mayoral elections
  82. Schedule 3New forms for the Representation of the People (England and Wales) Regulations 2001
  83. Schedule 4New forms for the Representation of the People (Scotland) Regulations 2001
  84. Schedule 5: New forms for the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  85. 1Forms for use at a mayoral election in England where the poll is not taken together with another election or referendum
  86. 2Forms for use at a mayoral election in England where the poll is taken together with another election or referendum
  87. Schedule 6: New forms for the Local Authorities (Conduct of Referendums) (England) Regulations 2012
  88. 1Forms for use at a referendum where the poll is not taken together with another election or referendum
  89. 2Forms for use at a referendum where the poll is taken together with another election or referendum
  90. Schedule 7: New forms for the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
  91. 1Forms for use at a referendum where the poll is not taken together with another election or referendum
  92. 2Forms for use at a referendum where the poll is taken together with another election or referendum
  93. Schedule 8: New Forms for the Police and Crime Commissioner Elections Order 2012
  94. 1New proxy paper
  95. 2New official poll card and official proxy poll card
  96. Schedule 9: New forms for the Neighbourhood Planning (Referendums) Regulations 2012
  97. 1Forms for use at a referendum where the poll is not taken together with another election or referendum
  98. 2Forms for use at a referendum where the poll is taken together with another election or referendum
  99. Schedule 10: New forms for the Recall of MPs Act 2015 (Recall Petition) Regulations 2016
  100. 1United Kingdom forms
  101. 2Northern Ireland forms
  102. Schedule 11: New forms for the Combined Authorities (Mayoral Elections) Order 2017
  103. 1Forms for use at an election where the poll is not taken together with another election or referendum
  104. 2Forms for use at an election where the poll is taken together with another election or referendum
  105. Schedule 12: New Welsh form of words and Welsh and English forms for the Police and Crime Commissioner Elections (Welsh Forms) Order 2021
  106. 1New Part 2 of Schedule 1 (Welsh versions of forms of words)
  107. 2New proxy paper, official poll card and official proxy poll card
  108. Explanatory note