The Recall of MPs Act 2015 (Recall Petition) Regulations 2016
S.I. 2016/295 · Made 3 March 2016 · Extends to United Kingdom
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
- 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
- 13ADate of birth lists in Northern Ireland
- 13BSupply of date of birth lists to police forces and restrictions on use
- 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
- 20AProvision of private area for production of proof of identity...
- 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
- 30ARefusal to deliver signing sheet: England and Wales and Scotland
- 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
- 45ACourt orders for production of date of birth lists: Northern Ireland
- 46Retention and disposal of documents: England and Wales and Northern Ireland
- 46ADestruction of date of birth lists: 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
- 63AAdditional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland
- 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 on grounds relating to occupation, service or employment: England and Wales and Scotland
- 69AAdditional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification: 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
- 71AGrounds relating to identification: England and Wales and Scotland
- 72Closing date for applications: Northern Ireland
- 72AVerification of information provided in an application for absent signing
- 72BPower to request additional evidence in relation to absent signing applications where registration officer considers it necessary
- 72CProcessing of information provided in connection with absent signing applications
- 73Grant or refusal of applications
- 73ANotification postal signing entitlement is to end
- 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.
- 99ARequirements of return of postal petition documents form
- 99BRejection of postal petition documents handed in at a petition signing place
- 99CProcedure for dealing with rejected postal petition documents handed in at a petition signing place
- 99DPostal petition documents left behind at a petition signing place
- 100Persons entitled to be present at proceedings on receipt of postal signing sheet
- 101Postal ballot boxes and receptacles
- 102Receipt of covering envelopes
- 102APostal petition documents handed in to the petition officer
- 102BRejection of postal petition documents handed in to the petition officer
- 102CProcedure for dealing with rejected postal petition documents handed in to the petition officer
- 102DPostal petition documents left behind with the petition officer
- 102EOpening of delivered or collected packets of postal petition documents
- 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 petition documents: England and Wales and Scotland
- 110AList of rejected postal petition documents: Northern Ireland
- 111Checking lists of rejected postal petition documents: England and Wales and Scotland
- 112Sealing of receptacles
- 113Early termination of petition
- 114Forwarding of documents
- 115Notification of a rejected postal petition document: England and Wales and Scotland
- 115ANotification of a rejected postal petition document: Northern Ireland
- 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.
- 122AHandling of postal petition documents by political campaigners
- 123Requirement of secrecy
- 123AInfluencing persons signing a petition
- 124Prohibition on publication of exit polls
- 124ADisclosure of date of birth lists: Northern Ireland
- 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 Repealed
- 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
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Procedure on recall petition complaints
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Consequences of finding by petition court of corrupt or illegal practice
- 20Paragraph 20
- 21Paragraph 21
- 22Further provision as to avoidance of recall petitions and striking off signatures
- 23Paragraph 23
- 24Paragraph 24
- 25Power to except innocent act from being illegal practice, payment, employment or hiring
- 26Prosecutions for corrupt or illegal practices
- 27Paragraph 27
- 28Paragraph 28
- 29Illegal payments, employments or hirings
- 30General provisions as to prosecutions
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Supplemental
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 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