2. Without prejudice to the provisions of sections 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the issue of postal ballot papers other than the counting officer and the counting officer’s staff.
3.—(1) Without prejudice to the provisions of sections 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—
(a)the counting officer and the counting officer’s staff;
(b)a referendum agent; and
(c)agents appointed in accordance with the following provisions of this paragraph.
(2) Each referendum agent may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number the referendum agent may be authorised by the counting officer to appoint so, however, that the number authorised must be the same in the case of each referendum agent.
(3) Notice in writing of any appointment stating the name and address of each person appointed must be given by the referendum agent to the counting officer before the time fixed for the opening of the postal voters’ ballot boxes.
(4) If an agent dies or becomes incapable of acting, the referendum agent may appoint another agent in that agent’s place and must forthwith give to the counting officer notice in writing of the name and address of the agent appointed.
(5) A referendum agent may do any act or thing which any agent, if appointed under this paragraph, would have been authorised to do or may assist the agent in doing any such act or thing.
(6) Where in this Schedule any act or thing is required or authorised to be done in the presence of the referendum agent or their agents, the non-attendance of any such person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.
(7) In this Schedule references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2), who are within the number authorised by the constituency returning officer.
4. The counting officer must make such arrangements as the counting officer 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 paragraph 6(4) and (6) of Schedule 4.
5.—(1) In the case of—
(a)an existing postal voter; or
(b)an existing proxy to whom paragraph 6(4) of Schedule 1 applies,
no postal ballot paper and postal voting statement may be issued until after 5p.m. on the eleventh day before the date of the poll (computed in accordance with paragraph 11(6) and (7) of that Schedule).
(2) In the case of any other person, the postal ballot paper and postal voting statement must be issued by the counting officer as soon as practicable after the registration officer has granted the application to vote by post.
6.—(1) The number of the elector as stated in the register must be marked on the corresponding number list(1), next to the number and unique identifying mark of the ballot paper issued to that elector.
(2) A mark must be placed in the postal voters list or, as the case may be, the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector’s proxy but without showing the particular ballot paper issued.
(3) The number of a postal ballot paper must be marked on the postal voting statement sent with that paper.
(4) Subject to sub-paragraph (5), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 8 are to be sent is —
(a)in the case of an elector, the address shown in the postal voters list;
(b)in the case of a proxy, the address shown in the proxy postal voters list.
(5) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (4) must be sent (as the case may be) to the address to which postal ballot papers should be sent—
(a)as shown in the record mentioned in paragraph 2(1) of Schedule 1;
(b)as shown in the record mentioned in paragraph 6(4) of that Schedule; or
(c)as given in pursuance of an application made under paragraph 3(1) or (5) or paragraph 6(6) or (7) of that Schedule.
7. Where a counting officer is satisfied that two or more entries in either the postal voters list, or the proxy postal voters list or in each of those lists relate to the same elector the counting officer must not issue more than one ballot paper in respect of that elector for the referendum.
8.—(1) The envelope which the counting officer is required by rule 12 of the Referendum Rules to send to a postal voter for the return of the postal ballot paper and the postal voting statement (referred to as a “covering envelope”) must be marked with the letter “B”.
(2) In addition to the document referred to in sub-paragraph (1), the counting officer must send to a postal voter a smaller envelope (referred to as a “ballot paper envelope”) which must be marked with —
(a)the letter “A”;
(b)the words —
(i)“Ballot paper envelope”;
(ii)“Amlen papur pleidleisio”; and
(c)the number of the ballot paper.
9.—(1) As soon as practicable after the issue of each batch of postal ballot papers, the counting officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal such a packet.
(2) Until the time referred to in paragraph 17(11), the counting officer must take reasonable precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.
10.—(1) For the purposes of delivering postal ballot papers, the counting officer may use—
(a)a universal service provider;
(b)a commercial delivery firm; or
(c)persons appointed under rule 14(1) of the Referendum Rules.
(2) Where the services of a universal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters are to be counted and delivered by the counting officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
(3) Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).
(4) Return postage must 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.
11.—(1) If a postal voter has inadvertently dealt with the ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”) that person may return (either by hand or by post) to the counting officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.
(2) Where the postal voter exercises the entitlement conferred by sub-paragraph (1), that person must also return —
(a)the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not; and
(b)the envelopes supplied for the return of the documents mentioned in sub-paragraph (1) and paragraph (a) of this sub-paragraph.
(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs (1) and (2) the counting officer must issue another postal ballot paper except where those documents are received after 5p.m. on the day of the poll.
(4) Where the counting officer receives the documents referred to in sub-paragraphs (1) and (2), after 5p.m. on the day before the day of the poll, the counting officer must not issue another postal ballot paper except where the postal voter returned the documents by hand.
(5) Paragraphs 6 (except sub-paragraph (2)), 8 and 9 and, subject to sub-paragraph (8), 10 apply to the issue of a replacement postal ballot paper under sub-paragraph (3).
(6) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.
(7) The counting officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must then be again made up and sealed.
(8) Where a postal voter returns the documents referred to in sub-paragraphs (1) and (2) by hand—
(a)by 5p.m. on the day before the day of the poll, the counting officer may hand a replacement postal ballot paper to that person; or
(b)after 5p.m. on the day before the day of the poll, the counting officer must hand a replacement postal ballot paper to that person,
instead of delivering it in accordance with paragraph 10.
(9) The counting officer must 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 (or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone);
(b)the number of the postal ballot paper issued under this paragraph; and
(c)where the postal voter whose ballot paper is spoilt is a proxy, the proxy’s name and address.
12.—(1) Where a postal voter claims either to have lost or not to have received —
(a)that person’s postal ballot paper; or
(b)the postal voting statement; or
(c)one or more of the envelopes supplied for their return,
by the fourth day before the day of the poll, that person may apply (whether or not in person) to the counting officer for a replacement ballot paper.
(2) Such an application must include evidence of the voter’s identity.
(3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), that person must return the documents referred to in sub-paragraph (1)(a) to (c) which that person has received and which have not been lost.
(4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.
(5) The counting officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must be again made up and sealed.
(6) Subject to sub-paragraph (7) where the application is received by the counting officer before 5p.m. on the day of the poll and the counting officer —
(a)is satisfied as to the voter’s identity; and
(b)has no reason to doubt that the postal voter has lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return,
the counting officer must issue another postal ballot paper.
(7) Where the application is received by the counting officer after 5p.m. on the day before the day of the poll, the counting officer must not issue another postal ballot paper except where the postal voter applied in person.
(8) The counting officer must 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 (or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone);
(b)the number of the postal ballot paper which has been lost or not received and of its replacement issued under this paragraph; and
(c)where the postal voter is a proxy, the proxy’s name and address.
(9) Paragraphs 6 (except sub-paragraph (2)), 8 and 9, and subject to sub-paragraph (10), 10 apply to the issue of a replacement postal ballot paper under sub-paragraph (6).
(10) Where the postal voter applies in person—
(a)by 5p.m. on the day before the day of the poll, the counting officer may hand a replacement postal ballot paper to that person; or
(b)after 5p.m. on the day before the day of the poll, the counting officer must hand a replacement postal ballot paper to that person,
instead of delivering it in accordance with paragraph 10.
(11) Where the counting officer issues another postal ballot paper under sub-paragraph (6), the ballot paper which has been lost or not received must be cancelled and is of no effect.
For the meaning of “corresponding number list” see rule 7(1) of the Referendum Rules.