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The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Application

    3. 3.Interpretation

  3. PART 2

    1. 4.The register

    2. 5.Order of names

    3. 6.Anonymous entries

    4. 7.Publication of register

    5. 8.Publication of 10% threshold

    6. 9.Supply of register

  4. PART 3

    1. CHAPTER 1 General Provisions

      1. 10.The signing sheet

      2. 11.Corresponding number lists

      3. 12.The official mark

      4. 13.Use of public rooms

      5. 13A.Date of birth lists in Northern Ireland

      6. 13B.Supply of date of birth lists to police forces and restrictions on use

    2. CHAPTER 2 Action to be Taken Before the Petition

      1. 14.Notice of petition

      2. 15.Availability for signing the petition

      3. 16.Allotment of petition signing places

      4. 17.Appointment of petition assistants

      5. 18.Issue of official petition notice

      6. 19.Equipment at petition signing place

      7. 20.Identification of secure storage

      8. 20A.Provision of private area for production of proof of identity...

      9. 21.Notification of requirement of secrecy

    3. CHAPTER 3 The Petition

      1. 22.Admission to petition signing place

      2. 23.Keeping order at a petition signing place

      3. 24.Sealing of ballot boxes

      4. 25.Questions to be put to persons signing the petition

      5. 26.Challenge of person signing the petition

      6. 27.Signing procedure: England and Wales and Scotland

      7. 28.Signing procedure: Northern Ireland

      8. 29.Signing sheets endorsed by petition clerk

      9. 30.Tendered signing sheets

      10. 30A.Refusal to deliver signing sheet: England and Wales and Scotland

      11. 31.Refusal to deliver signing sheet: Northern Ireland

      12. 32.Spoilt signing sheets

      13. 33.Daily verification and storage

      14. 34.Reporting discrepancies

      15. 35.Correction of errors during the signing period

      16. 36.Adjournment of petition in case of riot

      17. 37.Procedure on close of petition

    4. CHAPTER 4

      1. 38.Attendance at counting of signatures

      2. 39.The count

      3. 40.Rejected signing sheets

      4. 41.Decisions on signing sheets

      5. 42.Public notice of outcome of petition

    5. CHAPTER 4 Disposal of Documents

      1. 43.Sealing up of signing sheets

      2. 44.Delivery of documents to the registration officer: England and Wales and Northern Ireland

      3. 45.Orders for production of documents: England and Wales and Northern Ireland

      4. 45A.Court orders for production of date of birth lists: Northern Ireland

      5. 46.Retention and disposal of documents: England and Wales and Northern Ireland

      6. 46A.Destruction of date of birth lists: Northern Ireland

      7. 47.Retention and disposal of documents: Scotland

      8. 48.Access to marked registers

  5. PART 4

    1. CHAPTER 1

      1. 49.Interpretation

      2. 50.Entitlement to sign by post or proxy

      3. 51.Absent signing at any petition for a definite or an indefinite period: England and Wales and Scotland

      4. 52.Absent signing at any petition for an indefinite period: Northern Ireland

      5. 53.Absent signing at a particular petition: England and Wales and Scotland

      6. 54.Absent signing at a particular petition: Northern Ireland

      7. 55.Absent signers lists: England and Wales and Scotland

      8. 56.Absent signers list: Northern Ireland

      9. 57.Proxies at petitions

      10. 58.Signing the petition as a proxy

      11. 59.The personal identifiers record: England and Wales and Scotland

    2. CHAPTER 2 Applications for Absent Signing

      1. 60.General requirements for applications for absent signing

      2. 61.Additional requirements for applications for signing sheets to be sent to different address from that stated in application

      3. 62.Additional requirements for applications for signing sheets to be sent to different addresses from that shown in the record kept by the registration officer

      4. 63.Additional requirements for applications for the appointment of a proxy

      5. 63A.Additional requirements for applications for the appointment of a proxy on grounds relating to identification: England and Wales and Scotland

      6. 64.Additional requirements for applications for a proxy signature for a definite or an indefinite period on grounds of blindness or other disability: England and Wales and Scotland

      7. 65.Additional requirements for applications for a proxy signature for an indefinite period on grounds of blindness or other disability: Northern Ireland

      8. 66.Additional requirements for applications for a proxy signature for a definite or an indefinite period based on occupation, service, employment or attendance on a course

      9. 67.Additional provision concerning the requirement that an application for absent signing must be signed by the applicant: England and Wales and Scotland

      10. 68.Additional requirements for applications for a proxy signature in respect of a particular petition: England and Wales and Scotland

      11. 69.Additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to occupation, service or employment: England and Wales and Scotland

      12. 69A.Additional requirements: applications for an emergency proxy signature in respect of a particular petition on grounds relating to identification: England and Wales and Scotland

      13. 70.Additional requirements for applications in respect of a particular petition: Northern Ireland

      14. 71.Closing date for applications: England and Wales and Scotland

      15. 71A.Grounds relating to identification: England and Wales and Scotland

      16. 72.Closing date for applications: Northern Ireland

      17. 72A.Verification of information provided in an application for absent signing

      18. 72B.Power to request additional evidence in relation to absent signing applications where registration officer considers it necessary

      19. 72C.Processing of information provided in connection with absent signing applications

      20. 73.Grant or refusal of applications

      21. 73A.Notification postal signing entitlement is to end

      22. 74.Appeals: England and Wales

      23. 75.Appeals: Scotland

      24. 76.Appeals: Northern Ireland

      25. 77.Notice of appeal

      26. 78.Cancellation of proxy appointment

      27. 79.Inquiries by registration officer

      28. 80.Records and lists kept under this Part

      29. 81.Marked register for petition signing place

  6. PART 5

    1. CHAPTER 1

      1. 82.Interpretation of Part 5

      2. 83.Form of postal petition statement: England and Wales and Scotland

      3. 84.Form of declaration of identity: Northern Ireland

      4. 85.Postal signing packs

      5. 86.Time when postal signing packs are to be issued

    2. CHAPTER 2

      1. 87.Procedure on issue of postal signing sheets

      2. 88.Refusal to issue postal signing sheet

      3. 89.Persons entitled to be present at proceedings on issue of postal petition signing sheets

      4. 90.Notification of requirement of secrecy

      5. 91.Envelopes

      6. 92.Sealing up of corresponding number lists and security of special lists

      7. 93.Delivery of postal signing sheets

      8. 94.Spoilt postal signing sheets: England and Wales and Scotland

      9. 95.Spoilt postal signing sheets: Northern Ireland

      10. 96.Lost postal signing sheets: England and Wales and Scotland

      11. 97.Lost postal signing sheets: Northern Ireland

      12. 98.Cancellation of postal signing sheets

    3. CHAPTER 3 Receipt of Postal Signing Sheet etc

      1. 99.Alternative means of returning postal signing sheets, postal petition statements and declarations of identity.

      2. 99A.Requirements of return of postal petition documents form

      3. 99B.Rejection of postal petition documents handed in at a petition signing place

      4. 99C.Procedure for dealing with rejected postal petition documents handed in at a petition signing place

      5. 99D.Postal petition documents left behind at a petition signing place

      6. 100.Persons entitled to be present at proceedings on receipt of postal signing sheet

      7. 101.Postal ballot boxes and receptacles

      8. 102.Receipt of covering envelopes

      9. 102A.Postal petition documents handed in to the petition officer

      10. 102B.Rejection of postal petition documents handed in to the petition officer

      11. 102C.Procedure for dealing with rejected postal petition documents handed in to the petition officer

      12. 102D.Postal petition documents left behind with the petition officer

      13. 102E.Opening of delivered or collected packets of postal petition documents

      14. 103.Opening of postal signers’ ballot box

      15. 104.Opening of covering envelopes

      16. 105.Procedure in relation to declarations of identity: Northern Ireland

      17. 106.Confirming receipt of postal signing statements: England and Wales and Scotland

      18. 107.Procedure in relation to postal petition statements: personal identifier verification: England and Wales and Scotland

      19. 108.Opening of signing sheet envelopes

      20. 109.Retrieval of cancelled postal signing sheets

      21. 110.Lists of rejected postal petition documents: England and Wales and Scotland

      22. 110A.List of rejected postal petition documents: Northern Ireland

      23. 111.Checking lists of rejected postal petition documents: England and Wales and Scotland

      24. 112.Sealing of receptacles

      25. 113.Early termination of petition

      26. 114.Forwarding of documents

      27. 115.Notification of a rejected postal petition document: England and Wales and Scotland

      28. 115A.Notification of a rejected postal petition document: Northern Ireland

      29. 116.Requirement to provide fresh signature following rejection of a postal petition statement: England and Wales and Scotland

  7. PART 6 OFFENCES

    1. 117.Interpretation

    2. 118.Personation

    3. 119.Other signing offences

    4. 120.Offences relating to applications for postal and proxy signing

    5. 121.Breach of official duty

    6. 122.Tampering with signing sheets etc.

    7. 122A.Handling of postal petition documents by political campaigners

    8. 123.Requirement of secrecy

    9. 123A.Influencing persons signing a petition

    10. 124.Prohibition on publication of exit polls

    11. 124A.Disclosure of date of birth lists: Northern Ireland

    12. 125.Broadcasting from outside United Kingdom

    13. 126.Imitation of official petition notice

    14. 127.Disturbances at petition meetings: England and Wales and Scotland

    15. 128.Illegal canvassing by police officers

    16. 129.False statements as to MP or accredited campaigner

    17. 130.Payments for exhibition of petition notices

    18. 131.Details to appear on petition publications

    19. 132.Prohibition of paid canvassers

    20. 133.Providing money for illegal purposes

    21. 134.Bribery

    22. 135.Treating

    23. 136.Undue influence

    24. 137.Absent signing

    25. 138.Interference with notices

    26. 139.Corrupt and illegal practices

  8. PART 7

    1. 140.Questioning the outcome of a petition

    2. 141.Public notice of early termination

    3. 142.Communication of applications, notices etc

    4. 143.Electronic signatures and related certificates

    5. 144.Forms

    6. 145.Time

    7. 146.Translations etc of certain documents

    8. 147.Public notices and declarations

    9. 148.Publication of documents

    10. 149.Amendment to section 9(4) of the Act

    11. 150.Modification of section 6C PPERA 2000

    12. 151.Fee for the copy of the return or declaration or any other document

    13. 152.Notices in connection with alteration of registers: amendments

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      SUPPLY OF REGISTER

      1. 1.Supply of copy of register of parliamentary electors to petition officer: England and Wales and Scotland

      2. 2.Supply of record of anonymous entries to petition officer: England and Wales and Scotland

      3. 3.Supply of register on request and specific restrictions

    2. SCHEDULE 2

      FORMS

      1. PART 1 United Kingdom

      2. PART 2 Welsh Forms

        1. . . . . . . . . . ....

      3. PART 3 Northern Ireland

    3. SCHEDULE 3

      ACCESS TO MARKED REGISTERS AFTER A PETITION

      1. 1.Interpretation of this Schedule

      2. 2.Supply of marked registers and lists after a petition

      3. 3.Inspection of documents open to public inspection

      4. 4.Restrictions on use, supply and disclosure of documents by the registration officer, Chief Electoral Officer for Northern Ireland and staff

      5. 5.Other restrictions on use of documents or information contained in them

      6. 6.Calculating the fee for supply of marked registers or lists

    4. SCHEDULE 4

      LEGAL PROCEEDINGS: APPLICATION TO RECALL PETITIONS OF EXISTING PROVISIONS

      1. PART 1 REPRESENTATION OF THE PEOPLE ACT 1983, PART 3

        1. 1.(1) Part 3 of the 1983 Act (legal proceedings) applies...

        2. 2.General modifications

        3. 3.Questioning of a recall petition

        4. 4.In section 121 (presentation and service of a recall petition...

        5. 5.In section 122 (time for presentation or amendment of a...

        6. 6.In section 123 (constitution of the election court and place...

        7. 7.Omit sections 127 to 135A (questioning of a local election)....

        8. 8.Procedure on recall petition complaints

        9. 9.In section 138 (list of petitions)— (a) in subsection (1),...

        10. 10.In section 139 (trial of petition)— (a) in subsection (1),...

        11. 11.In section 140 (witnesses), in subsection (1), omit the words...

        12. 12.In section 143 (expenses of witnesses), in subsection (2), omit...

        13. 13.In section 144 (conclusion of trial of recall petition complaint)—...

        14. 14.Omit sections 145 (conclusion of trial of local election petition)...

        15. 15.In section 146 (special case for determination of High Court)—...

        16. 16.In section 147 (withdrawal of complaint)— (a) in subsection (1),...

        17. 17.In section 155 (neglect or refusal to pay costs), in...

        18. 18.In section 157 (appeals and jurisdiction)— (a) in subsection (1),...

        19. 19.Consequences of finding by petition court of corrupt or illegal practice

        20. 20.In section 159 (MP reported guilty of corrupt or illegal...

        21. 21.In section 160 (persons reported personally guilty of corrupt or...

        22. 22.Further provision as to avoidance of recall petitions and striking off signatures

        23. 23.Omit section 165 (avoidance of election for employing corrupt agent)....

        24. 24.In section 166 (signatures to be struck off for corrupt...

        25. 25.Power to except innocent act from being illegal practice, payment, employment or hiring

        26. 26.Prosecutions for corrupt or illegal practices

        27. 27.In section 169 (prosecutions for illegal practices), for England and...

        28. 28.In section 173 (incapacities on conviction of corrupt or illegal...

        29. 29.Illegal payments, employments or hirings

        30. 30.General provisions as to prosecutions

        31. 31.Omit section 177 (local election offences punishable summarily).

        32. 32.In section 178 (prosecution of offences committed outside the United...

        33. 33.In section 179 (offences by associations)— (a) for “section 100...

        34. 34.In section 180 (evidence by certificate of holding of recall...

        35. 35.In section 181 (Director of Public Prosecutions), in subsection (1),...

        36. 36.Supplemental

        37. 37.In section 183 (costs), for “Part 2 or this Part...

        38. 38.In section 184 (service of notices)— (a) in subsection (1),...

        39. 39.In section 185 (interpretation of Part 3)—

      2. PART 2 THE ELECTION PETITION RULES 1960

        1. 40.(1) The Election Petition Rules 1960 apply for the purposes...

        2. 41.In rule 2 (definitions)— (a) omit the definitions of “local...

        3. 42.In rule 4 (form of petition), in paragraph (1)—

        4. 43.In rule 6 (notice to be given to respondent and...

        5. 44.In rule 9 (display etc of notice of time and...

        6. 45.In rule 10 (duty to specify matters in issue in...

        7. 46.Omit rules 14 (petition abated in the event of a...

        8. 47.In rule 19 (computation of time)— (a) in paragraph (1),...

        9. 48.In the Schedule (form of recall petition complaint), for the...

  11. Explanatory Note

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