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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide the process for a recall petition (“petition”) which has been triggered by virtue of one of three recall conditions under the Recall of MPs Act 2015 (“the Act”). The Regulations apply to the United Kingdom with the exceptions set out in regulation 2.

Part 2 make provisions about the register and places an obligation on the petition officer to compile a register of persons who are entitled to sign the petition by virtue of section 10 of the Act (“the register”). The petition officer must publish the register on the third day before the beginning of the period during which the petition is available for signing (“the signing period”). No later than the third working day after receiving the Speaker’s notice under section 5 of the Act the petition officer must give public notice of the number of people who are required to sign the petition in order for the petition to be successful in accordance with section 14 of the Act.

Part 3 makes provision for the conduct of the petition at the petition signing places including: action to be taken before the signing period begins; conduct during the signing period; the counting of the signing sheets after the signing period has ended; and the disposal of documents held in relation to the petition.

Part 4 Chapter 1 prescribes the entitlement for a person to sign the petition by post or by proxy, and for a proxy to sign the petition by post (“absent signing”). Regulation 50 provides an automatic right to absent signing for persons who in a parliamentary election are already entitled to vote by post or proxy, or for proxies who is entitled to vote by post. Where a person is entitled to vote by post for a definite period that period is deemed to last until the end of the signing period for the purposes of signing the petition despite the fact that it may expire during that period. A person can also apply to the registration officer to sign a petition by post or by proxy for a definite or indefinite period or to sign a particular petition by post or proxy. Regulation 57 sets out the provisions relating to the appointment of proxies; and regulation 58 set out the signing procedure as a proxy. Chapter 2 prescribes the requirements regarding the applications for absent signing, including the closing dates for such applications and appeals against a refusal to grant an application.

Part 5 prescribes the process for the issuing and receipt of postal signing sheets. Chapter 1 prescribes the contents of the postal signing packs which must be sent out to each elector or proxy and the time when they are to be sent. Chapter 2 prescribes the process for the issuing of the postal signing packs and provisions relating to spoilt, lost and cancelled signing sheets. Chapter 3 prescribes the process for the receipt of the postal signing sheets and other documents, including the opening of envelopes, checking declarations of identity and postal signing statements, keeping a list of rejected postal signing sheets and the forwarding of documents after the signing sheets have been counted.

Part 6 prescribes the offences relating to the petition process, which are modelled on the existing offences in the Representation of the People Act 1983 (“the 1983 Act”) which relate to parliamentary elections.

Part 7 prescribes various miscellaneous provisions including forms of communication, electronic signatures, translations, public notices and publication of documents. It also amends the following legislative provisions: the wording of the signing sheet under section 9(4) of the Act; and section 6C of the Political Parties, Elections and Referendums Act 2000 to enable accredited observers to attend the count of the signing sheets. It also amends secondary legislation to make provision for the notices and time limits under section 13BC of the 1983 Act (as inserted by paragraph 7 of Schedule 2 to the Act) regarding the alteration of registers during the petition process.

Schedule 1 makes provisions about the supply of registers. The registration officer is required to supply a copy of the electoral parliamentary register for the constituency relevant to the petition to the petition officer, together with any notices issued under the Representation of the People Act 1983 with regard to alterations of that register. Paragraph 3 of Schedule 1 sets out conditions regarding the use of such information and documents.

Schedule 2 prescribes the forms that are to be used for the petition process.

Schedule 3 prescribes the provisions relating to access to the marked registers in respect of the petition. Paragraph 2 places limits on those persons who are entitled to receive a copy of the marked registers and places obligations on those persons regarding the handling of that information. Paragraph 3 requires the registration officer to make available for inspection the marked registers where that officer is satisfied the relevant conditions have been met. The registration officer is also required to make other documents relating to the petition available for inspection with the exception of the signing sheet, completed corresponding number lists, certificates as to employment and the lists of rejected postal signing sheets.

Schedule 4 applies existing provisions in relation to legal proceedings to petitions with the necessary modifications. Part 1 applies the provisions set out in Part 3 of the 1983 Act (with modifications) and Part 2 applies the Election Petition Rules 1960 (with modifications).

An impact assessment has not been prepared for this instrument as no impact on the voluntary or private sectors is foreseen.