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

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