Regulation 71 Closing date for applications: England and Wales and ScotlandI1

England, Wales and Scotland

(1)

An application under regulation 51(1), (6) or (7), or 58(5) must be disregarded for the purposes of a particular petition if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period.

(2)

F1Subject to paragraph (2A), an application under regulation 51(2) or 57(6) must be disregarded for the purposes of a particular petition if it is received by the registration officer after 5pm on the sixth day before the last day of the signing period.

F2(2A)

An application under regulation 57(6) which is made on grounds relating to identification must be disregarded for the purposes of a particular petition if it is received by the registration officer after the relevant time on the last day of the signing period at the petition for which it is made.

(3)

Subject to F3paragraphs (4) or (4A), an application under regulation 53(2) or 57(7) must be refused if it is received by the registration officer after 5pm on the sixth day before the last day of the signing period at the petition for which it is made.

(4)

Where an application made under regulation 53(2) is made—

(a)

on the grounds of the applicant’s disability and the applicant became disabled after 5 pm on the sixth day before the last day of the signing period at the petition for which it is made;

(b)

on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5pm on the sixth day before the last day of the signing period at the petition for which it is made; or

(c)

by a person to whom section 7 of the 1983 Act (mental health patients who are not detained offenders) applies and who is liable, by virtue of any enactment to be detained in the mental hospital in question, whether that person is registered by virtue of that provision or not,

the application, or an application under regulation 57(7) made by virtue of that application, must be refused if it is received F4after the relevant time on the last day of the signing period F5....

F6(4A)

Where an application is made under regulation 53(2) or 57(7) on grounds relating to identification F7or in the circumstances set out in paragraph (4C), the application must be refused if it is received after the relevant time on the last day of the signing period at the petition for which it is made.

(4B)

In paragraphs (2A) and (4A), “grounds relating to identification” has the meaning given in regulation 71A.

F8(4C)

The circumstances are that—

(a)

the applicant submitted the application because an earlier application submitted by that applicant under regulation 51(2) or 57(6) is to be disregarded for the purposes of the petition referred to in paragraph (3) because that earlier application was—

(i)

submitted prior to the deadline of 5pm on the sixth day before the last day of the signing period for the petition referred to in paragraph (3),

(ii)

submitted via the digital service, and

(iii)

not received by the registration officer until after the deadline of 5pm on the sixth day before the last day of the signing period for the petition referred to in paragraph (3) due to a technical defect in the digital service, or

(b)

the application referred to in paragraph (3) meets the conditions specified in paragraphs (i), (ii) and (iii) of sub-paragraph (a).

(5)

An application under regulation 53(1) or 58(8) must be refused if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period at the petition for which it is made.

(6)

An application under—

(a)

regulation 51(5)(a) by an elector to be removed from the record kept under regulation 51(4), or

(b)

regulation 58(11)(a) by a proxy to be removed from the record kept under regulation 58(7),

and a notice under regulation 57(9) by an elector cancelling a proxy’s appointment must be disregarded for the purposes of a particular petition if it is received by the registration officer after 5pm on the eleventh day before the last day of the signing period at that petition.

(7)

Any application or notice mentioned in this regulation must be disregarded for the purposes of a particular petition if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal signing sheet to the petition officer (except where it has been returned in accordance with regulation 94 or 96 (spoilt and lost postal signing sheets)).

F9(8)

In this regulation, “the relevant time” on the last day of the signing period means—

(a)

5pm, or

(b)

if earlier, the beginning of the final hour that the petition is available for signing on that day.

Annotations

Textual amendments

F1: Words in reg. 71(2) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 89(2) (with reg. 1(6)(7))
F2: Reg. 71(2A) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 89(3) (with reg. 1(6)(7))
F3: Words in reg. 71(3) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 89(4) (with reg. 1(6)(7))
F4: Words in reg. 71(4) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 89(5)(a) (with reg. 1(6)(7))
F5: Words in reg. 71(4) omitted (16.1.2023) by virtue of The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 89(5)(b) (with reg. 1(6)(7))
F6: Reg. 71(4A)(4B) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 89(6) (with reg. 1(6)(7))
F7: Words in reg. 71(4A) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 19(12)(a) (with Sch. 2 paras. 33, 35, 36, 39)
F8: Reg. 71(4C) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 19(12)(b) (with Sch. 2 paras. 33, 35, 36, 39)
F9: Reg. 71(8) inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 89(7) (with reg. 1(6)(7))

Commencement

I1: Reg. 71 in force at 4.3.2016, see reg. 1