Regulation 27 Signing procedure: England and Wales and ScotlandI1

England, Wales and Scotland

(1)

F1Subject to regulation 25(4A) and to paragraphs (1A) to (1N), a signing sheet must be delivered to a person who applies for one, and immediately before delivery—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the number of the elector must be marked on the list mentioned in regulation 19(3)(d) (equipment at petition signing place) beside the number of the signing sheet to be delivered to that person;

(c)

a mark must be placed in the copy of the register against the number of the elector to denote that a signing sheet has been received but without showing the particular signing sheet which has been received;

(d)

in the case of a person applying for a signing sheet as proxy, a mark must also be placed against the proxy’s name in the list of proxies.

F3(1A)

A signing sheet must not be delivered to a person unless the person produces a specified document to the petition clerk or an assistant to the petition clerk.

(1B)

The petition clerk or assistant must arrange for the person to produce any document in a private area of the petition signing place if the person so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the person.

(1C)

Paragraph (1D) applies in relation to a person where—

(a)

the person produces a specified document to an assistant to the petition clerk and the assistant decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or

(b)

the person produces a document to an assistant that the assistant reasonably suspects to be a forged document.

(1D)

Where this paragraph applies, the assistant must refer the matter and produce the document to the petition clerk, who must proceed as if the person had produced the document to the petition clerk in the first place.

(1E)

The petition clerk must refuse to deliver a signing sheet to a person where—

(a)

the person produces a specified document to the clerk and the clerk decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or

(b)

the person produces a document to the clerk that the clerk reasonably suspects to be a forged document.

(1F)

Paragraph (1E)(a) does not apply where—

(a)

a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the person claims to be is resolved to the petition clerk’s satisfaction at the time of the application by the person producing further proof of identity, and

(b)

the petition clerk has no other reason (arising from any document produced by the person) to doubt that the person is the elector or proxy that the person claims to be.

(1G)

The refusal to deliver a signing sheet to a person under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H)

In this rule, a “forged document” means a false document made to resemble a specified document.

(1I)

In this rule, a “specified document”—

(a)

except in the case of a person who has an anonymous entry in the register, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);

(b)

in the case of a person who has an anonymous entry in the register, means an anonymous elector’s document which—

(i)

was issued by the appropriate registration officer;

(ii)

contains the number allocated to the person as stated in the copy of the register.

(1J)

(1J) In paragraph (1I)(b)(i), the “appropriate registration officer” means—

(a)

the registration officer of the local authority in whose area the constituency of the MP to whom the petition relates is situated, or

(b)

where the petition relates to a constituency for which there is more than one registration officer, any of those officers.

(1K)

Subject to paragraph (1L), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1L)

Paragraph (1K) does not apply to a temporary electoral identity document where the date for which the temporary electoral identity document is issued is before the designated day.

(1M)

No person other than the petition clerk or an assistant to the petition clerk may inspect a document produced as proof of a person’s identity, except as permitted by the person.

(1N)

References in this regulation to producing a document are to producing it for inspection.

(2)

In the case of an elector who has an anonymous entry, that person must show the petition clerk his or her official petition notice F4....

(3)

In the case of an elector in respect of whom a notice has been issued under section 13BC(6) of the 1983 Act, in F5paragraphs (1)(c) and (1I)(b)(ii) the reference to “copy of the register” is to be read as “copy of the notice issued under section 13BC(6) of the 1983 Act”.

(4)

On receiving a signing sheet the person must without undue delay—

(a)

decide whether or not to sign the sheet and, if they decide to do so, sign it;

(b)

fold it up and show to the petition clerk the back of the signing sheet (so as to disclose the number and other unique identifying mark); and

(c)

put the signing sheet so folded up into the ballot box in the petition clerk’s presence.

(5)

The person must leave the petition signing place immediately after putting the signing sheet into the ballot box.

(6)

A person who for the purpose of signing the petition is in a petition signing place, or in a queue outside a petition signing place, at the end of the period for which the petition is available for signing on that day must (despite the fact that the period for which the petition is available for signing on that day has ended) be entitled to apply for a signing sheet under paragraph (1), and these Regulations apply in relation to such a person accordingly.

Annotations

Textual amendments

F1: Words in reg. 27(1) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 76(2)(a) (with reg. 1(6)(7))
F2: Reg. 27(1)(a) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 76(2)(b) (with reg. 1(6)(7))
F3: Reg. 27(1A)-(1N) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 76(3) (with reg. 1(6)(7))
F4: Words in reg. 27(2) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 76(4) (with reg. 1(6)(7))
F5: Words in reg. 27(3) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 76(5) (with reg. 1(6)(7))

Commencement

I1: Reg. 27 in force at 4.3.2016, see reg. 1