The Neighbourhood Planning (Referendums) Regulations 2012

[F1 PART 7 E+W The Poll

Textual Amendments

F1 Sch. 7 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 2

Admission to polling station E+W

49.— (1) The presiding officer must exclude all persons from the polling station except—

(a) named voters;

(b) persons under the age of 18 who accompany named voters to the polling station;

(c) the polling observers appointed to attend at the polling station;

(d) the clerks appointed to attend at the polling station;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000;

(f) the constables on duty; and

(g) the companions of named voters with disabilities.

(2) The presiding officer must regulate the total number of named voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) A constable or person employed by a counting officer must not be admitted to vote in person elsewhere than at the polling station allotted to them under these Rules, except on production and surrender of a certificate as to their employment which must be in the form set out in Form 8 in the Appendix, or a form to like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer by whom the person is employed, as the case may be.

(4) Any certificate surrendered under this rule must forthwith be cancelled.

[F2 (5) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).]

Textual Amendments

F2 Sch. 7 rule 49(5) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 29 (with reg. 1(7))

Keeping of order in polling station E+W

50.— (1) It is the presiding officer’s duty to keep order at the presiding officer’s polling station.

(2) If a person misconducts themselves in a polling station, or fails to obey the presiding officer’s lawful orders, that person may immediately, by the presiding officer’s order, be removed from the polling station—

(a) by a constable in or near that station; or

(b) by any other person authorised in writing by the counting officer to remove the person,

and the person so removed may not, without the presiding officer’s permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a named voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes E+W

51.   Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place the officer’s seal on it in such a manner as to prevent the box being opened without breaking the seal and must place the box in the officer’s view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).

Questions to be put to named voters E+W

52.— (1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the following Table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the Table; and

(b) must be put if the letter “R” appears after the question and a polling observer requires the question to be put:

Table

Q no	Person applying for ballot paper	Question
1	A person applying as a named voter	(a)—Are you the person whose name appears as AB on the business voting register for this referendum area as named to vote on behalf of CD?
		(read the whole entry from the register) [R]
		(b)—Have you already voted here or elsewhere at this business referendum on behalf of CD? [R]
		(c)—Have you already voted here or elsewhere at this business referendum on behalf of two persons (including yourself)?
2	A person applying as a named voter who is shown on the voters list as entitled to vote by post	(a)—Did you choose to vote by post?
		(b)—Why have you not voted by post?

(2) A ballot paper must not be delivered to any person required to answer any of the above questions unless that person has answered each question satisfactorily.

(3) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

Challenge of named voter E+W

53.   A person must not be prevented from voting by reason only that—

(a) any polling observer permitted to be present in accordance with rule 49(1) declares that the polling observer has reasonable cause to believe that the person has committed an offence of personation; or

(b) the person is arrested on the grounds that the person is suspected of committing or of being about to commit such an offence.

Voting procedure E+W

54.— (1) A ballot paper must be delivered to a named voter who applies for one, and immediately before delivery—

(a) the number on the register and name of the named voter must be called out;

(b) the number on the register must be marked on the list mentioned in rule 46(3)(d) beside the number of the ballot paper to be issued; and

(c) a mark must be placed in the copy of the business voting register against the number on the register to note that a ballot paper has been received but without showing the particular ballot paper which has been received.

(2) The named voter, on receiving their ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark the ballot paper and fold it up so as to conceal their vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3) The named voter must vote without undue delay, and must leave the polling station as soon as the named voter has put the named voter’s ballot paper into the ballot box.

[F3 (4) A named voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]

Textual Amendments

F3 Sch. 7 rule 54(4) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 30 (with reg. 1(7))

Votes marked by presiding officer E+W

55.— (1) The presiding officer, on the application of a named voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules; or

(b) who declares orally that the named voter is unable to read,

must, in the presence of the polling observers (if any), cause that person’s vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.

(2) The name and number in the business voting register of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

Voting by persons with disabilities E+W

56.— (1) If a named voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability; or

(b) inability to read,

to vote with the assistance of another person by whom the named voter is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the named voter to declare, orally or in writing, whether the named voter is so incapacitated by blindness or other disability, or by the named voter’s inability to read, as to be unable to vote without assistance.

(2) If the presiding officer—

(a) is satisfied that the named voter is so incapacitated or unable to read; and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a named voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of this rule; and

(ii) has not previously assisted more than one named voter with disabilities to vote at the business referendum,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that named voter in connection with the giving of their vote may be done to, or with the assistance of, the companion.

(3) For the purposes of these Rules, a person is a named voter with disabilities if that person has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a named voter with disabilities to vote [F4 if that person is aged 18 or over.]

(4) The name and number in the register of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of named voters with disabilities assisted by companions”).

(5) The declaration made by the companion of a named voter—

(a) must be in the form set out in Form 9 in the Appendix;

(b) must be made before the presiding officer at the time when the named voter applies to vote with the assistance of a companion; and

(c) must forthwith be given to the presiding officer who must attest and retain it.

(6) No fee or other payment may be charged in respect of the declaration.

Textual Amendments

F4 Words in Sch. 7 rule 56(3) substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 11(4)(b) (with reg. 1(4))

Tendered ballot papers: circumstances where available E+W

57.— (1) If a person, representing themselves to be a particular named voter named on the business voting register, and not shown on the voters list as entitled to vote by post, applies for a ballot paper after another person has voted in person as the named voter, the applicant is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 58, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other named voter.

(2) Paragraph (3) applies if—

(a) a person applies for a ballot paper representing themselves to be a particular named voter named on the business voting register;

(b) that person is also shown in the voters list as having chosen to vote by post; and

(c) that person claims that that person did not choose to vote by post at the business referendum.

(3) The person is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 58, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other named voter.

(4) Paragraph (5) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents themselves to be a particular named voter named on the business voting register who is also shown in the voters list as having chosen to vote by post, and claims that the person has lost or has not received their postal ballot paper.

(5) The person is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 58, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other named voter.

Tendered ballot papers: general provisions E+W

58.— (1) A tendered ballot paper must—

(a) be of a colour differing from that of the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by the officer with the name of the person who has marked a tendered ballot paper and their number in the register of electors, and set aside in a separate packet.

(2) The name of the person who has marked a tendered ballot paper and their number in the business voting register must be entered on a list (in these Rules referred to as the “tendered votes list”).

Spoilt ballot papers E+W

59.   A named voter who has inadvertently dealt with their ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to the presiding officer’s satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Alterations of register on day of poll E+W

60.   The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made—

(a) by virtue of paragraph 23 or 24 of Schedule 6, or

(b) as a result of a decision on appeal under paragraph 29 of Schedule 6,

which takes effect on the day of the poll.

Adjournment of poll in case of riot E+W

61.— (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings until the following day and must forthwith give notice to the counting officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b) references in these Rules to the close of the poll are construed accordingly.

Procedure on close of poll E+W

62.— (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers (if any), make up into separate packets, sealed with the presiding officer’s own seal and the seals of such polling observers as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached;

(b) the unused and spoilt ballot papers placed together;

(c) the tendered ballot papers;

(d) the marked copies of the business voting register;

(e) the lists prepared under rule 8 including the parts which were completed in accordance with rule 54(1)(b) (together referred to in these Rules as “the completed corresponding number lists”);

(f) the certificates as to employment on duty on the day of the poll;

(g) the tendered votes list, the list of named voters assisted by companions, the list of votes marked by the presiding officer, a statement of the number of named voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 56, and the declarations made by the companions of named voters,

and must deliver the packets or cause them to be delivered to the counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the counting officer, the arrangements for their delivery require the counting officer’s approval.

(2) The marked copies of the business voting register must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to that officer, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.]