26.—(1) For the purposes of this Part of this Schedule, unless the context otherwise requires—
“absent voters list” means the list kept under paragraph 5 of this Schedule;
“agent” includes the election agent and a person appointed to attend in the election agent’s place;
“ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 36 of this Schedule;
“GLRO” means the Greater London returning officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the Representation of the People Act 1983(1);
“list of postal proxies” means the list kept under paragraph 7(8) of this Schedule;
“postal ballot paper” means a ballot paper issued to a postal voter;
“postal voter” means an elector or proxy who is entitled to vote by post;
“postal voters' ballot box” means the ballot box referred to in paragraph 43(1)(a) of this Schedule;
“receptacle for ballot paper envelopes”, and other references to specified receptacles, means the receptacles referred to in paragraph 43(5) of this Schedule;
“relevant election or referendum” means one or more of the following—
a parliamentary election,
a local government election,
a mayoral election,
a referendum,
the poll at which is taken together with the poll at the European Parliamentary election;
“spoilt postal ballot paper” means a ballot paper referred to in paragraph 39(1) of this Schedule;
“universal postal service provider” has the meaning given in the Postal Services Act 2000 to a “universal service provider”; and
“valid declaration of identity” means one falling within paragraph 47(1) of this Schedule.
(2) In the case of a referendum, a reference to—
(a)a candidate shall be construed as a reference to a petition organiser, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001(2);
(b)an election agent or counting agent shall be construed as a reference to a counting observer, within the meaning of that regulation;
(c)a polling agent shall be construed as a reference to a polling observer, within the meaning of that regulation; and
(d)a returning officer shall be construed as a reference to a counting officer, within the meaning of that regulation.
27. Where the poll at the European Parliamentary election is to be taken together with—
(a)the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act (combination of polls at parliamentary, European Parliamentary and local government elections), or
(b)the poll at a mayoral election or a referendum in accordance with regulations made under sections 44 and 105 or 45 and 105 of the Local Government Act 2000,
or two or more such polls, the proceedings on the issue and receipt of postal ballot papers in respect of each election or referendum may, if the returning officers concerned agree, be taken together.
28. The form of the declaration of identity for the purposes of rule 26 of the European Parliamentary elections rules in Schedule 1 to these Regulations shall be—
(a)in Form B at a European Parliamentary election in England and Wales taken alone;
(b)in Form C at a European Parliamentary election in England and Wales where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at a relevant election or referendum;
(c)in Form D at a European Parliamentary election in England and Wales where the poll is taken together with the poll at a relevant election or referendum, but where the proceedings on the issue and receipt of postal ballot papers are not;
(d)in Form E at a European Parliamentary election in Scotland taken alone;
(e)in Form F at a European Parliamentary election in Scotland where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at another election; and
(f)in Form G at a European Parliamentary election in Scotland where the poll is taken together with the poll at another election, but where the proceedings on the issue and receipt of postal ballot papers are not.
29. No person may be present at the proceedings on the issue of postal ballot papers other than the local returning officer and his clerks.
30. No person may be present at the proceedings on the receipt of postal ballot papers other than—
(a)the local returning officer and his clerks,
(b)a candidate,
(c)an election agent or a person appointed by him or a sub-agent to attend in his place,
(d)any agents appointed under paragraph 31,
(e)representatives of the Electoral Commission.,
(f)where the proceedings on the receipt of postal ballot papers are taken together with the those proceedings for a relevant election or referendum, persons entitled to be present at the proceedings for the relevant election or referendum.
31.—(1) The election agent or sub-agent of each registered party standing nominated or each individual candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number he may be authorised by the local returning officer to appoint so, however, that the number authorised shall be the same in the case of each registered party standing nominated or each individual candidate.
(2) Notice in writing of the appointment stating the names and addresses of the persons appointed shall be given by the election agent or sub-agent to the local returning officer before the time fixed for the opening of the postal voters' ballot box.
(3) Where postal ballot papers for more than one election or referendum are issued together under paragraph 27, the returning officer to whom notice shall be given under sub-paragraph (2) above and sub- paragraphs (4) and (5) is the returning officer who issues the postal ballot papers.
(4) If an agent dies or becomes incapable of acting, the candidate or election agent of a registered party may appoint another agent in his place and shall forthwith give to the local returning officer notice in writing of the name and address of the agent appointed.
(5) In this Part of this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1) above, who are within the number authorised by the local returning officer.
(6) A candidate may himself do any act or thing which any agent of his or his party, if appointed, would have been authorised to do, or may assist his agent or the agent of his party in doing any such act or thing.
(7) Where in this Part of this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
32. The local returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of regulations 29(5) and (7).
33.—(1) In the case of a person shown in the record kept under—
(a)paragraph 3(4), or
(b)paragraph 7(6),
of this Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and declaration of identity) shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 19(6)).
(2) In the case of any other person, the postal ballot paper (and declaration of identity) shall be issued by the local returning officer as soon as practicable after the application to vote by post has been granted.
34.—(1) Each postal ballot paper issued shall be stamped with the official mark.
(2) The number of the elector as stated in the register shall be marked on the counterfoil attached to the ballot paper.
(3) A mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy, but without showing the particular ballot paper issued.
(4) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.
(5) Where postal ballot papers for the European Parliamentary election and a relevant election or referendum are issued together under paragraph 27—
(a)one mark shall be placed in the absent voters list or the list of postal proxies under sub-paragraph (3) to denote that ballot papers have been issued in respect of each election or referendum; except that, where ballot papers are not so issued, a different mark shall be placed in the absent voters list or list of postal proxies to identify the election or referendum in respect of which the ballot paper was issued; and
(b)the number of each ballot paper shall be marked on the declaration of identity under sub-paragraph (4).
(6) Where the poll at a European Parliamentary election is taken with the poll at a relevant election or referendum (under the provisions referred to in paragraph 27) but not the proceedings on the issue and receipt of postal ballot papers, the colour of the postal ballot paper shall also be marked on the declaration of identity sent with that paper.
(7) The address to which the postal ballot paper, declaration of identity and the envelopes referred to in paragraph 36 are to be sent is—
(a)in the case of an elector, the address shown in the absent voters list;
(b)in the case of a proxy, the address shown in the special list kept under paragraph 7(8) of this Schedule.
35. Where a local returning officer is satisfied that two or more entries in the absent voters list, or the list of postal proxies or in each of those lists relate to the same elector, he shall not issue more than one ballot paper in respect of that elector at any one election.
36.—(1) Sub-paragraphs (2) and (3) below prescribe the envelopes which are to be issued to a postal voter in addition to the ballot paper and declaration of identity (which are issued under rule 26 of the European Parliamentary elections rules).
(2) There shall be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the declaration of identity (referred to as a “covering envelope”) which shall be marked with the letter “B”.
(3) There shall also be issued a smaller envelope (referred to as a “ballot paper envelope”) which shall be marked with—
(a)the letter “A”;
(b)the words “ballot paper envelope”, and
(c)the number of the ballot paper or, as the case may be, ballot papers.
(4) Where polls are taken together (under the provisions referred to in paragraph 27 of this Schedule) but not the proceedings on the issue and receipt of postal ballot papers—
(a)the envelope referred to in sub-paragraph (2) shall also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”, and
(b)on the envelope referred to in sub-paragraph (3), after the words “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper] coloured ballot paper”.
37.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the local returning officer shall make up into a packet the counterfoils of those ballot papers which have been issued and shall seal such a packet.
(2) As soon as practicable after the last batch of postal ballot papers have been issued, the local returning officer shall make up into a packet the marked copy of the absent voters list and the list of postal proxies and shall seal such a packet.
(3) Until the time referred to in sub-paragraph (2) above, the local returning officer shall take proper precautions for the security of the lists referred to in that sub-paragraph.
38.—(1) For the purposes of delivering postal ballot papers, the local returning officer may use—
(a)a universal postal service provider or, in Gibraltar, the Gibraltar Post Office;
(b)a commercial delivery firm, or
(c)clerks appointed under rule 28(1) of the European Parliamentary elections rules.
(2) Where the services of a universal postal service provider, the Gibraltar Post Office or a commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the local returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
(3) Postage shall be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).
(4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom or Gibraltar.
39.—(1) If a postal voter has inadvertently dealt with his postal ballot paper in such manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) he may return (either by hand or by post) to the local returning officer the spoilt ballot paper and the declaration of identity.
(2) Where postal ballot papers for more than one election or referendum have been issued together under paragraph 27, the postal voter shall, if he exercises the entitlement conferred by sub-paragraph (1), return all of the ballot papers so issued, whether spoilt or not.
(3) On receipt of the documents referred to in sub-paragraph (1) and, where applicable sub-paragraph (2), the local returning officer shall issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day before the day of the poll.
(4) Paragraphs 34 (except sub-paragraph (3)), 36, 37 and, subject to sub-paragraph (7) below, 38 shall apply to the issue of a replacement postal ballot paper under sub-paragraph (3).
(5) The spoilt postal ballot paper, and any other postal ballot paper issued with it, and the declaration of identity shall be immediately cancelled.
(6) The local returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.
(7) Where a postal voter applies in person, the local returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 38.
(8) The local returning officer shall enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—
(a)the name and number of the elector as stated in the register;
(b)the number of the postal ballot paper (or papers) issued under this paragraph; and
(c)where the postal voter whose ballot paper is spoilt is a proxy, his name and address.
40.—(1) Where a postal voter has not received his postal ballot paper by the fourth day before the day of the poll, or in Scotland by the third day before the day of the poll, he may apply (whether or not in person) to the local returning officer for a replacement ballot paper.
(2) Such an application shall include evidence of the voter’s identity.
(3) Where the application is received by the local returning officer before 5 pm on the day before the day of the poll and the local returning officer—
(a)is satisfied as to the voter’s identity, and
(b)has no reason to doubt that the postal voter did not receive the original postal ballot paper,
he shall issue another postal ballot paper or, as the case may be, postal ballot papers.
(4) The local returning officer shall enter in a list kept for the purpose (“the list of lost postal ballot papers”)—
(a)the name and number of the elector as stated in the register;
(b)the number of the postal ballot paper issued under this paragraph; and
(c)where the postal voter whose ballot paper is lost is a proxy, his name and address.
(5) Paragraphs 34 (except sub-paragraph (3)), 36, 37 and, subject to sub-paragraph (6) below, 38 shall apply to the issue of a replacement postal ballot paper under sub-paragraph (3).
(6) Where a postal ballot voter applies in person, the local returning officer may hand a replacement ballot paper to him instead of delivering it in accordance with paragraph 38.
41.—(1) For the purposes of rule 46(2) of the European Parliamentary elections rules in Schedule 1 to these Regulations the manner in which a postal ballot paper or declaration of identity may be returned to a polling station is by hand.
(2) For these purposes, the manner in which such a paper or declaration may be returned to the local returning officer is by post or by hand.
(3) The presiding officer of the polling station shall deliver, or cause to be delivered, any postal ballot paper or declaration of identity returned to that station to the local returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in rule 44(1) of the European Parliamentary elections rules.
42.—(1) The local returning officer shall give to each election agent, or where appointments have been made of a sub-agent, sub-agent not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.
(2) Such a notice shall specify—
(a)the time and place at which such an opening is to take place, and
(b)the number of agents the election agent or sub-agent may appoint under paragraph 31(1) to attend each opening.
43.—(1) The local returning officer shall provide a separate ballot box for the reception of—
(a)the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and
(b)postal ballot papers (“postal ballot box”).
(2) Each such ballot box shall be marked “postal voters' ballot box” or “postal ballot box”, as the case may be, and with the name of the local counting area or parliamentary constituency or electoral area (or areas) or voting area for which the election (or elections) or referendum is (or are) held.
(3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.
(4) The local returning officer shall then lock the ballot box, if it has a lock, and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.
(5) The local returning officer shall provide the following receptacles—
(a)the receptacle for rejected votes;
(b)the receptacle for declarations of identity;
(c)the receptacle for ballot paper envelopes; and
(d)the receptacle for rejected ballot paper envelopes.
(6) The local returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
44.—(1) The local returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.
(2) Where an envelope, other than a covering envelope issued by the local returning officer—
(a)has been opened, and
(b)contains a ballot paper envelope, declaration of identity or ballot paper,
the first-mentioned envelope, together with its contents, shall be placed in a postal voters' ballot box.
45.—(1) Each postal voters' ballot box shall be opened by the local returning officer in the presence of the agents, if in attendance.
(2) So long as the local returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.
(3) The last postal voters' ballot box and the postal ballot box shall be opened at the verification of the ballot paper accounts under rule 46 of the European Parliamentary elections rules.
46.—(1) When a postal voters' ballot box is opened, the local returning officer shall count and record the number of covering envelopes (including any envelope described in paragraph 44(2)), and shall then open each covering envelope separately.
(2) The procedure in paragraph 47 applies where a covering envelope (including an envelope to which paragraph 44(2) applies) contains both—
(a)a declaration of identity; and
(b)a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper (or ballot papers).
(3) Where the covering envelope does not contain the declaration of identity separately, the local returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.
(4) Where a covering envelope does not contain both—
(a)a declaration of identity (whether separately or not), and
(b)a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers),
the local returning officer shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.
47.—(1) The local returning officer shall satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his name (except in Scotland) and address (referred to as a “valid declaration of identity).
(2) Where the local returning officer is not so satisfied, he shall mark the declaration “rejected”, attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (3) below, place it in the receptacle for rejected votes.
(3) Before placing the declaration in the receptacle for rejected votes, the local returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words “rejection objected to”.
(4) The local returning officer shall then examine the number (or numbers) on the declaration of identity against the number (or numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.
(5) Where—
(a)the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope, or
(b)that envelope has no number on it (or only one number when the declaration of identity has more than one),
the local returning officer shall open the envelope.
(6) Sub-paragraph (7) below applies where—
(a)there is a valid declaration of identity but no ballot paper envelope; or
(b)the ballot paper envelope has been opened under paragraph 46(3) or sub-paragraph (5).
(7) In the circumstances described in sub-paragraph (6), the local returning officer shall place—
(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid declaration of identity;
(b)in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “provisionally rejected”;
(c)in the receptacle for rejected votes, any valid declaration of identity marked “provisionally rejected” where—
(i)there is no ballot paper, or
(ii)in the case of a declaration on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the declaration to indicate which ballot paper is missing;
(d)in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c) above.
48.—(1) The local returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.
(2) He shall place—
(a)in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope;
(b)in the receptacle for rejected votes, any other ballot paper which shall be marked “provisionally rejected” and to which shall be attached the ballot paper envelope; and
(c)in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper).
49.—(1) In respect of any election, the local returning officer shall keep two separate lists of rejected postal ballot papers.
(2) In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid declaration of identity was received with it.
(3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid declaration of identity where that ballot paper is not received with the declaration of identity.
50.—(1) Where the local returning officer receives a valid declaration of identity without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list kept under paragraph 49(2) to see whether the number (or numbers) of a postal ballot paper to which the declaration relates is entered in that list.
(2) Where the local returning officer receives a postal ballot paper without the declaration of identity to which it relates, he may, at any time prior to the close of the poll, check the list kept under paragraph 49(3) to see whether the number of that ballot paper is entered in that list.
(3) The local returning officer shall conduct the checks required by sub-paragraphs (1) and (2) above as soon as practicable after the receipt of packets from every polling station in the local counting area, parliamentary constituency, electoral area or, as the case may be, voting area under rule 44(1) of the European Parliamentary elections rules.
(4) Where the ballot paper number in the list matches that number on a valid declaration of identity or, as the case may be, the postal ballot paper, the local returning officer shall retrieve that declaration or paper.
(5) The local returning officer shall then take the appropriate steps under this Part of this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and shall amend the document accordingly.
51.—(1) As soon as practicable after the completion of the procedure under paragraph 50(3) and (4), the local returning officer shall make up into separate packets the contents of—
(a)the receptacle of rejected votes,
(b)the receptacle of declarations of identity,
(c)the receptacle of rejected ballot paper envelopes, and
(d)the lists of spoilt and lost postal ballot papers,
and shall seal up such packets.
(2) Any document in those packets marked “provisionally rejected” shall be deemed to be marked “rejected”.
52.—(1) Subject to sub-paragraph (2), the local returning officer shall retain for one year after the date of the poll any packets referred to in paragraphs 37, 39(6) and 51 endorsing on each a description of its contents and, after the expiry of that period, cause those packets to be destroyed unless otherwise directed by the High Court or, in Scotland, the Court of Session.
(2) Where the proceedings on the issue and receipt of postal ballot papers are taken together under paragraph 27, the returning officer discharging those functions shall forward the packets containing—
(a)the marked copies of the absent voters list and list of postal proxies; and
(b)the declarations of identity,
to the same person, and at the same time and in the same manner, as he is required to forward those documents as respects the election or referendum for which he is the returning officer.
(3) Where—
(a)any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 41(3));
(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or
(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,
the local returning officer shall put them unopened in a separate packet, seal up such packet and endorse and retain it and subsequently deal with it in the manner described in sub-paragraph (1) above.
(4) Rules 60 and 61 of the European Parliamentary elections rules shall apply to any packet or document retained under this regulation.
(5) A completed statement in Form H shall be provided by the local returning officer to the Secretary of State.
(6) The statement referred to in sub-paragraph (5) shall identify the local counting areas or parts of such areas within the electoral region for which it is prepared.