Paragraph 40A C1C2F1
United Kingdom
This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38, 39 or 40).
The refusal shall be subject to review on an election petition but, subject to that F2and to rule 37(1DB), shall be final and shall not be questioned in any proceeding whatsoever.
Annotations
Textual amendments
- F1
Sch. 1 rule 40A inserted (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 2(4)
- F2
Words in Sch. 1 rule 40A(2) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 23(b); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))
Modifications
- C1
Sch. 1 rule 40A applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
- C2
Sch. 1 rule 40A applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1
Sch. 1 rule 40A applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2
Sch. 1 rule 40A applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
Notes on Schedule 1
Modifications
- C1
Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23
- C2
Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act
- C3
Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5
Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
- C4
Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)
- C5
Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)
- C6
Sch. 1 modified (N.I.) (10.4.2001) by Elections Act 2001 (c. 7), s. 4, Sch. (as amended (16.12.2010) by S.I. 2010/2977, arts. 2(2), 6; (15.9.2014) by S.I. 2014/1116, arts. 1(1), 9; and (4.4.2024) by S.I. 2024/382, art. 1(2), Sch. 5 (with art. 1(3)))
- C7
Sch. 1 modified (S.) by The Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111), regs. 2, 95, 96, 98 (as amended (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 36 (with reg. 1(6)(7)))
- C8
Sch. 1 modified (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 8, Sch. 2 (as amended (22.5.2014) by S.I. 2014/920, regs. 1(1), 2(7), 3-6; (7.5.2015) by S.I. 2015/654, regs. 1(1), 2); (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 37 (with reg. 1(6)(7)) and (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 4)
Notes on Refusal to deliver ballot paper: Northern Ireland
Textual amendments
- F1
Words in Sch. 1 rule 40A heading substituted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 23(a); S.I. 2022/1401, reg. 2(d)(x) (with reg. 3(1))