The Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023 No. 1233

Statutory Instruments

2023 No. 1233

Representation Of The People

The Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023

Made

20th November 2023

Laid before Parliament

21st November 2023

Coming into force in accordance with rule 1(2)

The Secretary of State makes the following Rules in exercise of the powers conferred by paragraph 18 of Schedule 12 to the Local Government Act 1972(1), section 36(1), (2) and (2A) of the Representation of the People Act 1983(2) and section 5(3) and (4) of the House of Lords Act 1999(3).

The Secretary of State has consulted the Electoral Commission regarding the amendments made by these Rules in accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(4).

Citation, commencement, savings and extent

1.—(1) These Rules may be cited as the Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023.

(2) These Rules come into force on 13th December 2023, except for rule 6 which comes into force on the day on which section 14 of the Elections Act 2022(5) comes into force fully.

(3) The amendments made by rules 2 to 5 of these Rules have no effect in relation to—

(a) an election of a chairman of a parish meeting in respect of which the date of the parish meeting specified in the notice of the meeting is on or before 1st May 2024;

(b) a poll consequent on a parish meeting which is demanded on or before 1st May 2024;

(c) a local government election(6) in respect of which the date of the poll specified in the notice of election published in accordance with the relevant rule is on or before 1st May 2024.

(4) In paragraph (3), “the relevant rule” means (as the case may be)—

(a) rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006(7);

(b) rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006(8);

(c) rule 5 of Schedule 1, rule 5 of Schedule 2, rule 5 of Schedule 3, rule 5 of Schedule 5, rule 5 of Schedule 6 or rule 5 of Schedule 7 to the Greater London Authority Elections Rules 2007(9).

(5) In these Rules—

(a) this rule and rule 6 extend to England and Wales, Scotland and Northern Ireland;

(b) the remainder extend to England and Wales only.

Amendment of the Parish and Community Meetings (Polls) Rules 1987

2.—(1) The Parish and Community Meetings (Polls) Rules 1987(10) are amended as follows.

(2) In rule 6 (application of provisions in the Act of 1983)—

(a) after paragraph (d) insert—

“(da) in respect of the election of the chairman of a parish meeting or a poll consequent on a parish meeting, section 66 is to be read as if—

(i) subsections (3A) to (4) and any reference to an election agent or the proxy for an elector were omitted;

(ii) in subsections (2)(b), (3)(b), (c) and (d), (4A) and (5), after “the candidate for whom” there were inserted “or the manner in which”;”;

(b) in paragraph (e), at the beginning insert “in respect of a poll consequent on a community meeting,”.

(3) In the Schedule, in paragraph 13 (notification of requirement of secrecy)—

(a) for “voter with disabilities” substitute “relevant voter within the meaning of section 66(4B) of the Representation of the People Act 1983”;

(b) for “rule 6(e)” substitute “rule 6(da) or (e)”.

Amendment of the Local Elections (Principal Areas) (England and Wales) Rules 2006

3.—(1) The Local Elections (Principal Areas) (England and Wales) Rules 2006 are amended as follows.

(2) In Schedule 2 (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election)—

(a) in rule 30 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 45(4)(b);”;

(b) in rule 45 (the count), in paragraph (3)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001(11).”;

(c) in Part 7 (appendix of forms), for the form of postal voting statement, the official postal poll card (to be sent to an elector voting by post) and the official proxy postal poll card (to be sent to an appointed proxy voting by post) substitute the corresponding form as set out in Part 1 of Schedule 1 to these Rules.

(3) In Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum)—

(a) in rule 30 (admission to the polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 45(7)(b);”;

(b) in rule 45 (the count), in paragraph (6)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”;

(c) in Part 7 (appendix of forms), for the form of postal voting statement (for use where there is joint issue and receipt of postal ballot papers), the form of postal voting statement (for use when a local government poll is combined with another poll but the postal ballot papers are not combined), the official postal poll card (to be sent to an elector voting by post) and the official proxy postal poll card (to be sent to an appointed proxy voting by post) substitute the corresponding form as set out in Part 2 of Schedule 1 to these Rules.

Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006

4.—(1) The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 are amended as follows.

(2) In Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election)—

(a) in rule 30 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 45(4)(b);”;

(b) in rule 45 (the count), in paragraph (3)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”;

(c) in Part 7 (appendix of forms), for the form of postal voting statement, the official postal poll card (to be sent to an elector voting by post) and the official proxy postal poll card (to be sent to an appointed proxy voting by post) substitute the corresponding form as set out in Part 1 of Schedule 2 to these Rules.

(3) In Schedule 3 (rules for conduct of an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum)—

(a) in rule 30 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 45(6)(b);”;

(b) in rule 45 (the count), in paragraph (5)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”;

(c) in Part 7 (appendix of forms)—

(i) in the list of forms, in the entry for the form of postal voting statement (for use when a parish poll is combined with another poll but the postal ballot papers are not combined), omit “or community”;

(ii) for the form of postal voting statement (for use where there is joint issue and receipt of postal ballot papers), the form of postal voting statement (for use when a parish poll is combined with another poll but the postal ballot papers are not combined), the official postal poll card (to be sent to an elector voting by post) and the official proxy postal poll card (to be sent to an appointed proxy voting by post) substitute the corresponding form as set out in Part 2 of Schedule 2 to these Rules.

The Greater London Authority Elections Rules 2007

5.—(1) The Greater London Authority Elections Rules 2007 are amended as follows.

(2) In Schedule 1 (the constituency members election rules)—

(a) in rule 33 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 49(3)(b);”;

(b) in rule 49 (verification and the count), in paragraph (2)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”.

(3) In Schedule 2 (the London members election rules)—

(a) in rule 34 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 50(3)(b);”;

(b) in rule 50 (verification and the local count), in paragraph (2)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”.

(4) In Schedule 3 (the Mayoral election rules)—

(a) in rule 33 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 49(3)(b);”;

(b) in rule 49 (verification and the local count), in paragraph (2)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”.

(5) In Schedule 5 (the constituency members election rules)—

(a) in rule 33 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 49(6)(b);”;

(b) in rule 49 (verification and the count), in paragraph (5)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”.

(6) In Schedule 6 (the London members election rules)—

(a) in rule 34 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 50(6)(b);”;

(b) in rule 50 (verification and the local count), in paragraph (5)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”.

(7) In Schedule 7 (the Mayoral election rules)—

(a) in rule 33 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 49(6)(b);”;

(b) in rule 49 (verification and the local count), in paragraph (5)—

(i) omit the “and” at the end of sub-paragraph (c);

(ii) after sub-paragraph (d) insert—

“and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.”.

(8) In Schedule 10 (schedule of forms), for the following forms substitute the corresponding form in Schedule 3 to these Rules—

(a) form 11 (postal voting statement: ordinary elections or constituency member or mayoral by-election);

(b) form 11A (postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are taken together);

(c) form 11B (postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are not taken together);

(d) form 13 (official postal poll card);

(e) form 15 (official proxy postal poll card).

Revocation of the Holders of Hereditary Peerages (Overseas Electors) (Transitional Provisions) Order 2001

6.  The Holders of Hereditary Peerages (Overseas Electors) (Transitional Provisions) Order 2001(12) is revoked.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Jacob Young

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

20th November 2023

Rule 3(2)(c) and (3)(c)

SCHEDULE 1 Local Elections (Principal Areas) (England and Wales) Rules 2006: New Forms

PART 1 Forms for an election of councillors of a principal area where poll is not taken together with poll at another election

Form of postal voting statement

First page

Final page

Form of official postal poll card (to be sent to an elector voting by post)

Front of card

Rear of card

Form of official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of card

Rear of card

PART 2 Forms for an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum

Form of postal voting statement (for use where there is joint issue and receipt of postal ballot papers)

First page

Final page

Form of postal voting statement (for use when a local government poll is combined with another poll but the postal ballot papers are not combined)

First page

Final page

Form of official postal poll card (to be sent to an elector voting by post)

Front of card

Rear of card

Form of official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of card

Rear of card

Rule 4(2)(c) and (3)(c)

SCHEDULE 2 Local Elections (Parishes and Communities) (England and Wales) Rules 2006: New Forms

PART 1 Forms for an election of councillors of a parish where poll is not taken together with poll at another election

Form of postal voting statement

First page

Final page

Form of official postal poll card (to be sent to an elector voting by post)

Front of card

Rear of card

Form of official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of card

Rear of card

PART 2 Forms for an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum

Form of postal voting statement (for use where there is joint issue and receipt of postal ballot papers)

First page

Final page

Form of postal voting statement (for use where a parish poll is combined with another poll but the postal ballot papers are not combined)

First page

Final page

Form of official postal poll card (to be sent to an elector voting by post)

Front of card

Rear of card

Form of official proxy postal poll card (to be sent to an appointed proxy voting by post)

Front of card

Rear of card

Rule 5(8)

SCHEDULE 3 Greater London Authority Elections Rules 2007: New Forms

Form 11 (postal voting statement: ordinary elections or constituency member of mayoral by-election)

First page

Final page

Form 11A (postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are taken together)

First page

Final page

Form 11B (postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are not taken together)

First page

Final page

Form 13 (official postal poll card)

Front of card

Rear of card

Form 15 (official proxy postal poll card)

Front of card

Rear of card

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make amendments to subordinate legislation in consequence of provisions contained in the Elections Act 2022 (c. 37) (“the Act”). The amendments made by these Rules complement provisions in the Act relating to the handling of postal voting documents by political campaigners (section 4); handing in postal voting documents (section 5); the requirements relating to secrecy (section 7); and the extension of the franchise for parliamentary elections to British citizens overseas (section 14).

Rule 2 amends the Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1) in consequence of the amendments made to section 66 of the Representation of the People Act 1983 (c. 2) by section 7 of the Act.

Rules 3 to 5 amend the Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304), the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305) and the Greater London Authority Elections Rules 2007 (S.I. 2007/3541) respectively. These consequential amendments to the rules governing the conduct of local government elections in England, relating to the new procedures for the handing in of postal voting documents at polling stations, clarify that a person who is handing in a postal vote is entitled to admission into a polling station for that purpose, and that a postal ballot paper is only duly returned if it does not fall to be rejected in accordance with the new postal vote handling procedures set out in the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341). Additionally, the Rules update prescribed forms for use at those elections.

Rule 6 revokes the Holders of Hereditary Peerages (Overseas Electors) (Transitional Provisions) Order 2001 (S.I. 2001/84), which is redundant as a result of the expanded franchise for British citizens overseas.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1972 c. 70. Paragraph 18 was amended by paragraph 14 of Schedule 8 to the Representation of the People Act 1983 (c. 2). It is prospectively amended by section 42 of the Local Audit and Accountability Act 2014 (c. 2) from a date and time to be appointed.

(2)

1983 c. 2. Section 36(1) was amended by section 13(2) of the Local Government and Elections (Wales) Act 2021 (asc 1). Section 36(2A) was inserted by paragraph 4(2) of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(3)

1999 c. 34.

(4)

2000 c. 41. Section 7(2)(d) was amended by paragraph 11 of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

(5)

2022 c. 37.

(6)

See section 203(1) of the Representation of the People Act 1983 for the meaning of “local government election”.

(7)

S.I. 2006/3304; relevant amending instruments are S.I. 2014/494, 2018/1310, 2022/263 (W. 79).

(8)

S.I. 2006/3305; relevant amending instruments are S.I. 2014/492, 2018/1310, 2022/263 (W. 79).

(9)

S.I. 2007/3541; relevant amending instruments are S.I. 2016/24, 2018/1310, 2022/1111.

(10)

S.I. 1987/1; relevant amending instruments are S.I. 2022/1284; 2023/1066.

(11)

S.I. 2001/341, amended by S.I. 2023/1225; there are other amending instruments but none is relevant.

(12)

S.I. 2001/84.