The Voter Identification Regulations 2022

PART 8 U.K. Amendments relating to the conduct of parliamentary elections

Amendment of the Representation of the People (Scotland) Regulations 1986 U.K.

36.  In regulation 98 of the Representation of the People (Scotland) Regulations 1986 (modification of parliamentary election rules)(1)—

(a) omit paragraph (4);

(b) for paragraphs (8) and (9) substitute—

“(8) In rule 35 (questions to be put to voters), in the questions specified in the second column of the table—

(a) for the words “this election”, wherever they appear, substitute “this Parliamentary election”;

(b) in question 3(b) after the words “here or elsewhere” insert “at this Parliamentary election”.

(9) In rule 37 (voting procedure and voter identification requirements: Great Britain), after paragraph (3) insert—

“(3A) The same copy of the register of electors or where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of this Act may be used under paragraph (1) for each election and—

(a) one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been issued in respect of each election; and

(b) where a ballot paper has not been issued in respect of one election, a different mark must be placed in the register on the notice or in the list, so as to identify the election in respect of which the ballot paper was issued.”.”;

(c) for paragraph (20) substitute—

“(20) In rule 60 (death of independent candidate) after paragraph (5) insert—

“(6) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned affects the poll at the local government election.”.

(20A) In rule 63 (death of party candidate)—

(a) after paragraph (2) insert—

“(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned affects the poll at the local government election.”;

(b) in paragraph (3) after “with reference to the” insert “parliamentary”.

(20B) In rule 64 (death of the Speaker of the House of Commons seeking re-election)—

(a) after paragraph (2) insert—

“(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned affects the poll at the local government election.”;

(b) in paragraph (3) after “with reference to the” insert “parliamentary”.

(20C) For rule 65 (abandoned poll) substitute—

“65.— (1) This rule applies to—

(a) a poll at a parliamentary election which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;

(b) a poll at a parliamentary election which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).

(2) No further ballot papers at the parliamentary election must be issued in any polling station.

(3) At the close of poll for the local government election the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he would be required to do if the poll at the parliamentary election had not been abandoned.

(4) The returning officer must dispose of ballot papers used at the parliamentary election and other documents in his possession as he is required to do on the completion of the counting of votes.

(5) It is not necessary for a parliamentary ballot paper account to be prepared or verified.

(6) Having separated the ballot papers relating to the local government election, the returning officer must take no step or further step for the counting of the ballot papers used at the parliamentary election or of the votes cast at the parliamentary election.

(7) The returning officer must seal up all the ballot papers used at the parliamentary election (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(8) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a parliamentary election apply subject to paragraphs (9) and (10).

(9) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(10) No order is to be made for—

(a) the production or inspection of any ballot papers, or

(b) the opening of a sealed packet of the completed corresponding number list or of certificates as to employment on the day of the poll,

unless the order is made by a court with reference to a prosecution.”.”;

(d) for paragraph (21) substitute—

“(21) In the Appendix of forms, for the form of directions for the guidance of the voters in voting substitute—

“

”.”.

Commencement Information

I1 Reg. 36 in force at 16.1.2023, see reg. 1(3)

Amendment of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 U.K.

37.  In Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (modifications to parliamentary elections rules)(2)—

(a) in paragraph 6, in the inserted text—

(i) in paragraph (5), for “If” substitute “Subject to paragraph (6), if”;

(ii) after paragraph (5) insert—

“(6) Paragraph (5) does not apply in respect of the official poll card for a local government election in Wales.”;

(b) in paragraph 19, in the inserted text, in paragraph (1A) after “(c)” insert “, (db)”;

(c) in paragraph 25, in the substituted text, in paragraph (2)—

(i) omit the “or” after sub-paragraph (a);

(ii) after sub-paragraph (a) insert—

“(aa) the completed ballot paper refusal list, or”;

(d) in the Appendix of Forms, for the form of directions for the guidance of the voters in voting substitute the corresponding form in Schedule 5.

Commencement Information

I2 Reg. 37 in force at 16.1.2023, see reg. 1(3)

(1)

S.I. 1986/1111, amended by S.I. 1990/629; there are other amending instruments but none is relevant.

(2)

S.I. 2004/294; relevant amending instruments are S.I. 2006/3278, 2014/920.