The Voter Identification Regulations 2022

Amendment of regulation 27 (signing procedure: England and Wales and Scotland) U.K.

76.—(1) Regulation 27 (signing procedure: England and Wales and Scotland) is amended as follows.

(2) In paragraph (1)—

(a) for “A” substitute “Subject to regulation 25(4A) and to paragraphs (1A) to (1N), a”;

(b) omit sub-paragraph (a).

(3) After paragraph (1) insert—

“(1A) A signing sheet must not be delivered to a person unless the person produces a specified document to the petition clerk or an assistant to the petition clerk.

(1B) The petition clerk or assistant must arrange for the person to produce any document in a private area of the petition signing place if the person so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the person.

(1C) Paragraph (1D) applies in relation to a person where—

(a) the person produces a specified document to an assistant to the petition clerk and the assistant decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or

(b) the person produces a document to an assistant that the assistant reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the assistant must refer the matter and produce the document to the petition clerk, who must proceed as if the person had produced the document to the petition clerk in the first place.

(1E) The petition clerk must refuse to deliver a signing sheet to a person where—

(a) the person produces a specified document to the clerk and the clerk decides that the document raises a reasonable doubt as to whether the person is the elector or proxy that the person claims to be, or

(b) the person produces a document to the clerk that the clerk reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the person claims to be is resolved to the petition clerk’s satisfaction at the time of the application by the person producing further proof of identity, and

(b) the petition clerk has no other reason (arising from any document produced by the person) to doubt that the person is the elector or proxy that the person claims to be.

(1G) The refusal to deliver a signing sheet to a person under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a person who has an anonymous entry in the register, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);

(b) in the case of a person who has an anonymous entry in the register, means an anonymous elector’s document which—

(i) was issued by the appropriate registration officer;

(ii) contains the number allocated to the person as stated in the copy of the register.

(1J) (1J) In paragraph (1I)(b)(i), the “appropriate registration officer” means—

(a) the registration officer of the local authority in whose area the constituency of the MP to whom the petition relates is situated, or

(b) where the petition relates to a constituency for which there is more than one registration officer, any of those officers.

(1K) Subject to paragraph (1L), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1L) Paragraph (1K) does not apply to a temporary electoral identity document where the date for which the temporary electoral identity document is issued is before the designated day.

(1M) No person other than the petition clerk or an assistant to the petition clerk may inspect a document produced as proof of a person’s identity, except as permitted by the person.

(1N) References in this regulation to producing a document are to producing it for inspection.”.

(4) In paragraph (2), omit the words from “and only” to the end.

(5) In paragraph (3), for “subparagraphs (a) and (c) of paragraph (1)” substitute “paragraphs (1)(c) and (1I)(b)(ii)”.

Commencement Information

I1 Reg. 76 in force at 16.1.2023, see reg. 1(3)