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

S.I. 2016/295 · Made 3 March 2016 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 21 March 2025.

Representation Of The People

Made 3rd March 2016

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.C1

Annotations to the whole text

Modifications

C1

Regulations applied (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 11 para. 7(3); S.I. 2023/1145, reg. 3(l)

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. 13ADate of birth lists in Northern Ireland
  19. 13BSupply of date of birth lists to police forces and restrictions on use
  20. Chapter 2: Action to be Taken Before the Petition
  21. 14Notice of petition
  22. 15Availability for signing the petition
  23. 16Allotment of petition signing places
  24. 17Appointment of petition assistants
  25. 18Issue of official petition notice
  26. 19Equipment at petition signing place
  27. 20Identification of secure storage
  28. 20AProvision of private area for production of proof of identity...
  29. 21Notification of requirement of secrecy
  30. Chapter 3: The Petition
  31. 22Admission to petition signing place
  32. 23Keeping order at a petition signing place
  33. 24Sealing of ballot boxes
  34. 25Questions to be put to persons signing the petition
  35. 26Challenge of person signing the petition
  36. 27Signing procedure: England and Wales and Scotland
  37. 28Signing procedure: Northern Ireland
  38. 29Signing sheets endorsed by petition clerk
  39. 30Tendered signing sheets
  40. 30ARefusal to deliver signing sheet: England and Wales and Scotland
  41. 31Refusal to deliver signing sheet: Northern Ireland
  42. 32Spoilt signing sheets
  43. 33Daily verification and storage
  44. 34Reporting discrepancies
  45. 35Correction of errors during the signing period
  46. 36Adjournment of petition in case of riot
  47. 37Procedure on close of petition
  48. Chapter 4: Counting Signing Sheets
  49. 38Attendance at counting of signatures
  50. 39The count
  51. 40Rejected signing sheets
  52. 41Decisions on signing sheets
  53. 42Public notice of outcome of petition
  54. Chapter 4: Disposal of Documents
  55. 43Sealing up of signing sheets
  56. 44Delivery of documents to the registration officer: England and Wales and Northern Ireland
  57. 45Orders for production of documents: England and Wales and Northern Ireland
  58. 45ACourt orders for production of date of birth lists: Northern Ireland
  59. 46Retention and disposal of documents: England and Wales and Northern Ireland
  60. 46ADestruction of date of birth lists: Northern Ireland
  61. 47Retention and disposal of documents: Scotland
  62. 48Access to marked registers
  63. Part 4: ABSENT SIGNERS
  64. Chapter 1: Entitlement to Absent Signing
  65. 49Interpretation
  66. 50Entitlement to sign by post or proxy
  67. 51Absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland
  68. 52Absent signing at any petition for an indefinite period: Northern Ireland
  69. 53Absent signing at a particular petition: England and Wales and Scotland
  70. 54Absent signing at a particular petition: Northern Ireland
  71. 55Absent signers lists: England and Wales and Scotland
  72. 56Absent signers list: Northern Ireland
  73. 57Proxies at petitions
  74. 58Signing the petition as a proxy
  75. 59The personal identifiers record: England and Wales and Scotland
  76. Chapter 2: Applications for Absent Signing
  77. 60General requirements for applications for absent signing
  78. 61Additional requirements for applications for signing sheets to be sent to different address from that stated in application
  79. 62Additional requirements for applications for signing sheets to be sent to different addresses from that shown in the record kept by the registration officer
  80. 63Additional requirements for applications for the appointment of a proxy
  81. 63AAdditional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland
  82. 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
  83. 65Additional requirements for applications for a proxy signature for an indefinite period on grounds of blindness or other disability: Northern Ireland
  84. 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
  85. 67Additional provision concerning the requirement that an application for absent signing must be signed by the applicant: England and Wales and Scotland
  86. 68Additional requirements for applications for a proxy signature in respect of a particular petition: England and Wales and Scotland
  87. 69Additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to occupation, service or employment: England and Wales and Scotland
  88. 69AAdditional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification: England and Wales and Scotland
  89. 70Additional requirements for applications in respect of a particular petition: Northern Ireland
  90. 71Closing date for applications: England and Wales and Scotland
  91. 71AGrounds relating to identification: England and Wales and Scotland
  92. 72Closing date for applications: Northern Ireland
  93. 72AVerification of information provided in an application for absent signing
  94. 72BPower to request additional evidence in relation to absent signing applications where registration officer considers it necessary
  95. 72CProcessing of information provided in connection with absent signing applications
  96. 73Grant or refusal of applications
  97. 73ANotification postal signing entitlement is to end
  98. 74Appeals: England and Wales
  99. 75Appeals: Scotland
  100. 76Appeals: Northern Ireland
  101. 77Notice of appeal
  102. 78Cancellation of proxy appointment
  103. 79Inquiries by registration officer
  104. 80Records and lists kept under this Part
  105. 81Marked register for petition signing place
  106. Part 5: ISSUE AND RECEIPT OF POSTAL SIGNING SHEETS
  107. Chapter 1: General
  108. 82Interpretation of Part 5
  109. 83Form of postal petition statement: England and Wales and Scotland
  110. 84Form of declaration of identity: Northern Ireland
  111. 85Postal signing packs
  112. 86Time when postal signing packs are to be issued
  113. Chapter 2: Issue of Postal Signing Sheets
  114. 87Procedure on issue of postal signing sheets
  115. 88Refusal to issue postal signing sheet
  116. 89Persons entitled to be present at proceedings on issue of postal petition signing sheets
  117. 90Notification of requirement of secrecy
  118. 91Envelopes
  119. 92Sealing up of corresponding number lists and security of special lists
  120. 93Delivery of postal signing sheets
  121. 94Spoilt postal signing sheets: England and Wales and Scotland
  122. 95Spoilt postal signing sheets: Northern Ireland
  123. 96Lost postal signing sheets: England and Wales and Scotland
  124. 97Lost postal signing sheets: Northern Ireland
  125. 98Cancellation of postal signing sheets
  126. Chapter 3: Receipt of Postal Signing Sheet etc
  127. 99Alternative means of returning postal signing sheets, postal petition statements and declarations of identity.
  128. 99ARequirements of return of postal petition documents form
  129. 99BRejection of postal petition documents handed in at a petition signing place
  130. 99CProcedure for dealing with rejected postal petition documents handed in at a petition signing place
  131. 99DPostal petition documents left behind at a petition signing place
  132. 100Persons entitled to be present at proceedings on receipt of postal signing sheet
  133. 101Postal ballot boxes and receptacles
  134. 102Receipt of covering envelopes
  135. 102APostal petition documents handed in to the petition officer
  136. 102BRejection of postal petition documents handed in to the petition officer
  137. 102CProcedure for dealing with rejected postal petition documents handed in to the petition officer
  138. 102DPostal petition documents left behind with the petition officer
  139. 102EOpening of delivered or collected packets of postal petition documents
  140. 103Opening of postal signers’ ballot box
  141. 104Opening of covering envelopes
  142. 105Procedure in relation to declarations of identity: Northern Ireland
  143. 106Confirming receipt of postal signing statements: England and Wales and Scotland
  144. 107Procedure in relation to postal petition statements: personal identifier verification: England and Wales and Scotland
  145. 108Opening of signing sheet envelopes
  146. 109Retrieval of cancelled postal signing sheets
  147. 110Lists of rejected postal petition documents: England and Wales and Scotland
  148. 110AList of rejected postal petition documents: Northern Ireland
  149. 111Checking lists of rejected postal petition documents: England and Wales and Scotland
  150. 112Sealing of receptacles
  151. 113Early termination of petition
  152. 114Forwarding of documents
  153. 115Notification of a rejected postal petition document: England and Wales and Scotland
  154. 115ANotification of a rejected postal petition document: Northern Ireland
  155. 116Requirement to provide fresh signature following rejection of a postal petition statement: England and Wales and Scotland
  156. Part 6: OFFENCES
  157. 117Interpretation
  158. 118Personation
  159. 119Other signing offences
  160. 120Offences relating to applications for postal and proxy signing
  161. 121Breach of official duty
  162. 122Tampering with signing sheets etc.
  163. 122AHandling of postal petition documents by political campaigners
  164. 123Requirement of secrecy
  165. 123AInfluencing persons signing a petition
  166. 124Prohibition on publication of exit polls
  167. 124ADisclosure of date of birth lists: Northern Ireland
  168. 125Broadcasting from outside United Kingdom
  169. 126Imitation of official petition notice
  170. 127Disturbances at petition meetings: England and Wales and Scotland
  171. 128Illegal canvassing by police officers
  172. 129False statements as to MP or accredited campaigner
  173. 130Payments for exhibition of petition notices
  174. 131Details to appear on petition publications
  175. 132Prohibition of paid canvassers
  176. 133Providing money for illegal purposes
  177. 134Bribery
  178. 135Treating
  179. 136Undue influence
  180. 137Absent signing
  181. 138Interference with notices
  182. 139Corrupt and illegal practices
  183. Part 7: MISCELLANEOUS
  184. 140Questioning the outcome of a petition
  185. 141Public notice of early termination
  186. 142Communication of applications, notices etc
  187. 143Electronic signatures and related certificates
  188. 144Forms
  189. 145Time
  190. 146Translations etc of certain documents
  191. 147Public notices and declarations
  192. 148Publication of documents
  193. 149Amendment to section 9(4) of the Act
  194. 150Modification of section 6C PPERA 2000
  195. 151Fee for the copy of the return or declaration or any other document
  196. 152Notices in connection with alteration of registers: amendments
  197. Signature
  198. Schedule 1: SUPPLY OF REGISTER
  199. 1Supply of copy of register of parliamentary electors to petition officer: England and Wales and Scotland
  200. 2Supply of record of anonymous entries to petition officer: England and Wales and Scotland
  201. 3Supply of register on request and specific restrictions
  202. Schedule 2: FORMS
  203. 1United Kingdom
  204. 2Welsh Forms Repealed
  205. 3Northern Ireland
  206. Schedule 3: ACCESS TO MARKED REGISTERS AFTER A PETITION
  207. 1Interpretation of this Schedule
  208. 2Supply of marked registers and lists after a petition
  209. 3Inspection of documents open to public inspection
  210. 4Restrictions on use, supply and disclosure of documents by the registration officer, Chief Electoral Officer for Northern Ireland and staff
  211. 5Other restrictions on use of documents or information contained in them
  212. 6Calculating the fee for supply of marked registers or lists
  213. Schedule 4: LEGAL PROCEEDINGS: APPLICATION TO RECALL PETITIONS OF EXISTING PROVISIONS
  214. Part 1: REPRESENTATION OF THE PEOPLE ACT 1983, PART 3
  215. 1Paragraph 1
  216. 2General modifications
  217. 3Questioning of a recall petition
  218. 4Paragraph 4
  219. 5Paragraph 5
  220. 6Paragraph 6
  221. 7Paragraph 7
  222. 8Procedure on recall petition complaints
  223. 9Paragraph 9
  224. 10Paragraph 10
  225. 11Paragraph 11
  226. 12Paragraph 12
  227. 13Paragraph 13
  228. 14Paragraph 14
  229. 15Paragraph 15
  230. 16Paragraph 16
  231. 17Paragraph 17
  232. 18Paragraph 18
  233. 19Consequences of finding by petition court of corrupt or illegal practice
  234. 20Paragraph 20
  235. 21Paragraph 21
  236. 22Further provision as to avoidance of recall petitions and striking off signatures
  237. 23Paragraph 23
  238. 24Paragraph 24
  239. 25Power to except innocent act from being illegal practice, payment, employment or hiring
  240. 26Prosecutions for corrupt or illegal practices
  241. 27Paragraph 27
  242. 28Paragraph 28
  243. 29Illegal payments, employments or hirings
  244. 30General provisions as to prosecutions
  245. 31Paragraph 31
  246. 32Paragraph 32
  247. 33Paragraph 33
  248. 34Paragraph 34
  249. 35Paragraph 35
  250. 36Supplemental
  251. 37Paragraph 37
  252. 38Paragraph 38
  253. 39Paragraph 39
  254. Part 2: THE ELECTION PETITION RULES 1960
  255. 40Paragraph 40
  256. 41Paragraph 41
  257. 42Paragraph 42
  258. 43Paragraph 43
  259. 44Paragraph 44
  260. 45Paragraph 45
  261. 46Paragraph 46
  262. 47Paragraph 47
  263. 48Paragraph 48
  264. Explanatory note