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

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