Representation of the People Act 1983

Part IIIU.K. Contested Elections

U.K.General Provisions

Poll to be taken by ballotU.K.

18U.K.The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes given to each candidate and the candidate to whom the majority of votes have been given shall be declared to have been elected.

The ballot papersU.K.

19(1)The ballot of every voter shall consist of a ballot paper, and the persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.U.K.

(2)Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—

(a)shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;

(b)shall be capable of being folded up;

(c)shall have a number [F1and other unique identifying mark] printed on the back;

(d)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(2A)If a candidate who is the subject of a party’s authorisation under rule 6A(1) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

[F4(2AA)If a candidate who is the subject of an authorisation by two or more parties under rule 6A(1B) so requests, the ballot paper shall contain, against the candidate's particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.]

(2B)[F5A request under paragraph (2A) or (2AA)] must—

(a)be made in writing to the returning officer, and

(b)be received by him during the period for delivery of nomination papers set out in the Table in rule 1.]

(3)The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

[F6(4)The Secretary of State may in regulations—

(a)prescribe a different form of ballot paper from that in the Appendix;

(b)amend or replace the directions as to printing the ballot paper in the Appendix;

(c)in consequence of anything done for the purposes of paragraph (a) or (b), amend or replace the Form of directions for the guidance of the voters in voting in the Appendix.]

[F7Corresponding number listU.K.

19A(1)The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).U.K.

(2)The list shall be in such form as the Secretary of State in regulations prescribes.]

[F8Date of birth lists for polling stations in Northern IrelandN.I.

19B(1)The Chief Electoral Officer for Northern Ireland must prepare the following lists for each polling station—N.I.

(a)a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b);

(b)a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision.

(2)For the purposes of paragraph (1)(b), “relevant provision” means—

(a)where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b), and

(b)where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.

(3)A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at the polling station to make a decision under rule 37(1B)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age).

(4)A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules (including regulations under paragraph (6))—

(a)permit a list prepared under paragraph (1) for a polling station to be inspected;

(b)supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list;

(c)make use of information contained in a list prepared under paragraph (1).

(5)This paragraph applies to—

(a)the Chief Electoral Officer for Northern Ireland;

(b)a person to whom functions are delegated by the Chief Electoral Officer;

(c)the presiding officer of the polling station;

(d)a clerk or other officer appointed to work at the polling station.

(6)Regulations may make provision—

(a)enabling the inspection of a list prepared under paragraph (1) by prescribed persons;

(b)authorising or requiring prescribed persons to supply a copy of a list prepared under paragraph (1) to such persons as may be prescribed;

(c)for the payment of a fee in respect of the inspection of a list or the supply of a copy of a list.

(7)Regulations under paragraph (6)(a) or (b) may impose conditions in relation to—

(a)the inspection of a list;

(b)the supply of a copy of a list;

(c)the purposes for which information contained in a list that is inspected or supplied in pursuance of the regulations may be used.

(8)The conditions that may be imposed by virtue of paragraph (7)(b) include conditions relating to the extent to which a person to whom a copy of a list has been supplied may—

(a)supply the copy to any other person,

(b)disclose to any other person information contained in the copy, or

(c)use any such information for a purpose other than that for which the copy was supplied to the person.

(9)Regulations under paragraph (6) may also impose, in respect of persons to whom a copy of a list has been supplied or information has been disclosed by virtue of paragraph (8), conditions corresponding to those mentioned in paragraph (8).]

The official markU.K.

20[F9(1)Every ballot paper must contain an appropriate security marking (the official mark).]U.K.

(2)The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same constituency.

[F10(3)The returning officer may use a different official mark for different purposes at the same election.]

Prohibition of disclosure of voteU.K.

21U.K.No person who has voted at the election shall, in any legal proceeding to question the election or return, be required to state for whom he voted.

Use of schools and public roomsU.K.

22(1)The returning officer may use, free of charge, for the purpose of taking the poll—U.K.

(a)a room in a school to which this rule applies;

(b)a room the expense of maintaining which is payable out of any rate.

(i)in England and Wales, to a school maintained or assisted by a [F11local authority] F12. . . or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(ii)in Scotland, to a school other than an independent school within the meaning of the M1Education (Scotland) Act 1980;

(iii)in Northern Ireland, to a school in receipt of a grant out of moneys appropriated by Measure of the Northern Ireland Assembly.

(2)The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.

[F13(3)The use of a room in an unoccupied house for that purpose does not render a person liable to be rated or to pay any rate for the house.]

(4)In Northern Ireland this rule does not apply to any school adjoining or adjacent to any church or other place of worship nor to any school connected with a nunnery or other religious establishment.

U.K. Action to be Taken Before the Poll

Notice of pollU.K.

23(1)The returning officer shall in the statement of persons nominated include a notice of the poll, stating the day on which and hours during which the poll will be taken.U.K.

(2)The returning officer shall also give public notice (which may be combined with the statement of persons nominated) of—

(a)the situation of each polling station;

(b)the description of voters entitled to vote there; F14

F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16and he shall as soon as practicable after giving such a notice give a copy of it to each of the election agents]

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postal ballot papersU.K.

[F1824(1)The returning officer shall, in accordance with regulations, issue to those entitled to vote by post—U.K.

(a)a ballot paper;

(b)at an election held in England and Wales or Scotland, a postal voting statement in the prescribed form;

(c)at an election held in Northern Ireland, a declaration of identity in the prescribed form;

together with such envelopes for their return as may be prescribed.

(2)The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a)translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;

(b)a translation into Braille of such directions or guidance;

(c)graphical representations of such directions or guidance;

(d)the directions or guidance in any other form (including any audible form).

(3)The prescribed form shall include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).

(4)In the case of a ballot paper issued to a person resident in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement or declaration of identity is free of charge to the voter.

(5)In any other case, regulations may provide that the returning officer must so ensure.]

Provision of polling stationsU.K.

25(1)The returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations in such manner as he thinks most convenient.U.K.

(2)One or more polling stations may be provided in the same room.

(3)the polling station allotted to electors from any polling district shall be in the polling place for that district.

(4)In a constituency in Scotland comprising the whole or any part of more [F19local government areas] than one, there shall be at least one polling station in each of those [F19local government areas].

(5)the returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

[F20(6)The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.]

Appointment of presiding officers and clerksU.K.

26(1)The returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed by or on behalf of a candidate in or about the election.U.K.

(2)The returning officer may, if he thinks fit, preside at a polling station and the provisions of these rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

(3)A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these rules to do at a polling station [F21except—

(a)order the arrest of any person or the exclusion or removal of any person from the polling station,

(b)refuse to deliver a ballot paper under rule 35(3) or the relevant paragraph of rule 37, or

(c)resolve doubts over identity as mentioned in the relevant paragraph of rule 37.]

[F22(4)In paragraph (3), “the relevant paragraph of rule 37” means—

(a)in sub-paragraph (b)—

(i)paragraph (1E) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40);

(ii)paragraph (1C) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40);

(b)in sub-paragraph (c)—

(i)paragraph (1F) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40);

(ii)paragraph (1DA) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40).]

Special listsU.K.

F2327U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of official poll cardsU.K.

28[F24(1)The returning officer shall as soon as practicable after the publication of notice of the election send to electors and their proxies an official poll card.U.K.

(1A)An official poll card shall not be sent to a person registered, or to be registered, in pursuance of an overseas elector's declaration.]

(2)An elector’s official poll card shall be sent or delivered to his qualifying address, F25... .

[F26(2A)A proxy’s official poll card shall be sent or delivered to the address which—

(a)is shown as the proxy’s address in the list of proxies; or

(b)in the case of a proxy for an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, would be so shown but for section 7(4A) of the Representation of the People Act 1985.]

(3)The official poll card shall be in the prescribed form and shall set out—

(a)the name of the constituency;

(b)the elector’s name, qualifying address and number on the register;

(c)the date and hours of the poll and the situation of the elector’s polling station.

[F27(d)such other information as is prescribed;

(e)such other information as the returning officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) and (e) to different electors or descriptions of elector.]

[F28(3ZA)In the case of a form prescribed under paragraph (3) that relates to—

(a)elections in England and Wales or Scotland, and

(b)an official poll card to be sent to an elector or proxy voting in person at a polling station,

the form must include details of the documents the voter needs to bring to the polling station, namely—

(i)in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H);

(ii)in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.]

[F29(3A)In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b) above the polling card shall contain such matter as is prescribed.]

(4)Paragraph (6) of rule 7 above applies for the interpretation of this rule.

Equipment of polling stationsU.K.

29(1)The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary.E+W+S

(2)Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked.

(3)The returning officer shall provide each polling station with—

(a)materials to enable voters to mark the ballot papers;

(b)F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)copies of the register of electors or such part of it as contains the [F31entries relating to] the electors allotted to the station;

(d)the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under subparagraph (c) above;

[F32(e)a list consisting of that part of the list prepared under rule 19A which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station];

[F33(f)in the case of an election held in Northern Ireland, the lists prepared for the polling station under rule 19B.]

[F34(3ZA)In the case of an election held in England and Wales or Scotland, the returning officer must also provide each polling station with a prescribed form (referred to in these rules as “the ballot paper refusal list”) on which entries are to be made as mentioned in rule 40ZB (refusal to deliver ballot paper: Great Britain).]

[F35(3A)The returning officer shall also provide each polling station with—

(a)at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted; and

[F36(b)such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 37 (including in relation to voting secretly).]]

[F37(3B)In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of—

(a)blindness or partial sight, or

(b)another disability.]

(4)A notice in the form in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

[F38(4A)In the case of an election held in England and Wales or Scotland, a large notice must be displayed inside each polling station containing—

(a)details of the documents the voter needs to produce when applying for a ballot paper, namely—

(i)in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H);

(ii)in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card, and

(b)a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a specified form of identification and the name of the elector or proxy that the voter claims to be.]

(5)In every compartment of every polling station there shall be exhibited [F39the notice “Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted.”]

[F40(6)The reference in paragraph (3)(c) to the copies of the registers of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of this Act in respect of alterations to the register.]

[F41(7)The reference in paragraph (3)(c) to the copies of the register of electors includes a reference to copies of any notices issued under section 13BA(9) in respect of alterations to the register.]

[F42(8)The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b).

(9)Before giving guidance under paragraph (8), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate.

(10)In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (8).]

Appointment of polling and counting agentsU.K.

30(1)Each candidate may, before the commencement of the poll, appoint—U.K.

(a)polling agents to attend at polling stations for the purpose of detecting personation; and

(b)counting agents to attend at the counting of the votes.

(2)The returning officer may limit the number of counting agents, so however that—

(a)the number shall be the same in the case of each candidate; and

(b)the number allowed to a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(3)Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate to the returning officer and shall be so given not later than the [F435th] day (computed like any period of time in the Timetable) before the day of the poll.

(4)If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(5)F44. . . Any appointment authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate’s election agent, instead of by the candidate.

(6)In the following provisions of these rules references to polling and counting agents shall be taken as references to agents—

(a)whose appointments have been duly made and notified; and

(b)where the number of agents is restricted, who are within the permitted number.

(7)Any notice required to be given to a counting agent by the returning officer may be delivered at or sent by post to the address stated in the notice of appointment.

(8)A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(9)A candidate’s election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a candidate’s election agent instead of his polling agent or counting agents.

(10)Where by these rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

[F45 Notification of requirement of secrecy]U.K.

[F4631[F47(1)]The returning officer shall make such arrangements as he thinks fit to ensure that—U.K.

(a)every person attending at a polling station (otherwise than for the purpose of voting or assisting a [F48relevant voter] to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of this Act; and

(b)every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section.]

[F49(1A)In paragraph (1)(a) “relevant voter” means a voter who is blind, has another disability, or is unable to read.]

[F50(2)In the application of this rule to an election in England or Wales, a reference to a constable includes a person designated as a community support officer [F51or community support volunteer] under section 38 of the Police Reform Act 2002 (police powers for employees [F52or volunteers]).]

[F53Return of postal ballot papersU.K.

31A(1)Where—U.K.

(a)a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b)a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the returning officer must mark the list in the prescribed manner.

[F54(1A)Paragraph (1) shall not apply in relation to a vote on a tendered postal ballot paper (see rule 40ZA).]

(2)For the purposes of paragraph (1) above, regulations may prescribe the circumstances in which a postal vote or a proxy postal vote (as the case may be) is or is not to be treated as having been returned.

(3)Rule 45(1B) and (2) below does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.]

U.K. The Poll

Admission to polling stationU.K.

32[F55(1)The presiding officer shall exclude all persons from the polling station except—U.K.

(a)voters;

(b)persons under the age of 18 who accompany voters to the polling station;

[F56(ba)where regulations under rule 45(1B)(a) or (b) provide that a postal ballot paper or postal voting statement may be returned by hand to a polling station, persons aged 18 or over returning such a document by hand;]

(c)the candidates and their election agents;

(d)the polling agents appointed to attend at the polling station;

(e)the clerks appointed to attend at the polling station;

(f)persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000;

(g)the constables on duty; and

(h)the companions of voters with disabilities.

(1A)The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.]

(2)Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

(3)A constable or person employed by a returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Act, except on production and surrender of a certificate as to his employment, which shall be in the prescribed form and signed by the prescribed officer of police or by the returning officer, as the case may be.

(4)Any certificate surrendered under this rule shall forthwith be cancelled.

[F57(5)In the application of this rule to an election in England or Wales, a reference to a constable includes a person designated as a community support officer [F58or community support volunteer] under section 38 of the Police Reform Act 2002 (police powers for employees [F59or volunteers]).]

Keeping of order in stationU.K.

33(1)It is the presiding officer’s duty to keep order at his polling station.U.K.

(2)If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—

(a)by a constable in or near that station, or

(b)by any other person authorised in writing by the returning officer to remove him,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

(3)Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4)The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxesU.K.

34U.K. Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and shall then lock it up and place his seal on it in such a manner as to prevent its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Questions to be put to votersU.K.

[F6035(1)At the time of the application (but not afterwards), the questions specified in the second column of the following table—U.K.

(a)may be put by the presiding officer to a person who is mentioned in the first column, F61...

(b)shall be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put [F62and]

[F63(c)must be put if—

(i)the person has answered the previous question in the manner indicated, and

(ii)the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:]

(2)In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, the references in the questions at entries 1(a) and [F683(a) and (b)] to reading from the register must be taken as references to reading from the notice issued under section 13B(3B) or (3D).

[F69(2A)In the case of an elector in respect of whom a notice has been issued under section 13BA(9), the reference in the question at entry 1(a) to reading from the register must be taken as a reference to reading from the notice issued under section 13BA(9).]

[F70(2B)In the case of an election held in England and Wales or Scotland, where a clerk—

(a)gives a person the required information (see paragraph (5)),

(b)puts a question specified in paragraph (1) to the person, and

(c)decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.]

[F71(3)Where the presiding officer—

(a)gives a person the required information,

(b)puts a question specified in paragraph (1) to the person (whether or not, in the case of an election held in England and Wales or Scotland, following a referral under paragraph (2B)), and

(c)decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person.

In the case of an election held in England and Wales or Scotland, see rule 40ZB (procedure where ballot paper is refused under this paragraph).

(3A)For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a)where one of those questions is put, the answer matches a name or address (as the case may be) in the register of parliamentary electors;

(b)where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B)In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D), the references to the register in paragraph (3A) above are to be read as references to the notice issued under section 13B(3B) or (3D).]

(4)Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote [F72(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote)].

[F73(5)For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a)a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b)giving false information may be an offence.]]

Challenge of voterU.K.

[F7436U.K.A person shall not be prevented from voting by reason only that—

(a)a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b)the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.]

[F75[F76Voting procedure and voter identification requirements: Northern Ireland] [F76Voting procedure and voter identification requirements: Great Britain]] U.K.

[F7737(1)[F78Subject to rule 35(3) and to paragraphs (1A) to (1P), a] ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—E+W+S

F79(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the number of the elector shall be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him;

(c)a mark shall be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received;

(d)the voter shall sign the list mentioned in rule 29(3)(e) beside the number of the elector marked on the list in accordance with sub-paragraph (b) above; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

[F80(1A)A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

(1B)The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

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

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

(b)the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document (see paragraph (1P)).

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

(1E)The presiding officer must refuse to deliver a ballot paper to a voter where—

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

(b)the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

See rule 40ZB (procedure where ballot paper is refused under this paragraph).

(1F)But there is an exception from paragraph (1E) for cases within sub-paragraph (a) of that paragraph where—

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

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

(1G)The refusal to deliver a ballot paper to a voter 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 “specified document”, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph (1K)), means any of the following documents (in whatever form issued to the holder) that contain a photograph of the holder—

(a)a United Kingdom passport (see paragraph (1I));

(b)a passport issued by an EEA state or a Commonwealth country;

(c)a licence to drive a motor vehicle granted under—

(i)Part 3 of the Road Traffic Act 1988, or

(ii)the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (N.I. 1));

(d)a driving licence issued by any of the Channel Islands, the Isle of Man or an EEA state;

(e)a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007;

(f)an identity card bearing the Proof of Age Standards Scheme hologram (a PASS card);

(g)a Ministry of Defence Form 90 (Defence Identity Card);

(h)a relevant concessionary travel pass (see paragraph (1J));

(i)a badge of a form prescribed under section 21 of the Chronically Sick and Disabled Persons Act 1970 or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (blue badge scheme);

(j)an electoral identity document issued under section 13BD (electoral identity document: Great Britain);

(k)an electoral identity card issued under section 13C (electoral identity card: Northern Ireland);

(l)a national identity card issued by an EEA state.

(1I)In paragraph (1H)(a) “United Kingdom passport” means a passport issued by—

(a)the Government of the United Kingdom,

(b)the Lieutenant-Governor of any of the Channel Islands or the Isle of Man, or

(c)the Government of any British overseas territory.

(1J)In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table—

(1K)In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which—

(a)was issued by an appropriate registration officer, and

(b)contains the voter’s electoral number.

(1L)For the purposes of paragraph (1K)—

• “appropriate registration officer” means—

  (a)

  the registration officer for the constituency in which the election is being held, or

  (b)

  where the election is being held in a constituency for which there is more than one registration officer, any of those officers;

• a voter’s “electoral number” is the number—

  (a)

  allocated to the voter as stated in the copy of the register of electors, or

  (b)

  where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.

(1M)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 (subject to paragraph (1N)).

(1N)Paragraph (1M) does not apply to a document which—

(a)is referred to in paragraph (1H)(j) or (1K), and

(b)in accordance with regulations made by virtue of section 13BD or 13BE (as the case may be), is issued for use only at a particular poll or at particular polls being held on the same day.

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

(1Q)Regulations may make provisions varying paragraph (1H), (1I) or (1J) by—

(a)adding a reference to a document to any of those paragraphs,

(b)removing a reference to a document from any of those paragraphs (other than the document referred to in paragraph (1H)(j)), or

(c)varying any description of document referred to in any of those paragraphs.

(1R)The power to make provision by virtue of paragraph (1Q)(b) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission.

(1S)No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1T)References in this rule to producing a document are to producing it for inspection.]

(2)In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card F81...

(3)In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), paragraph (1) above is modified as follows—

F82(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in sub-paragraph (c), for “in the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of this Act ”.

(4)Paragraph (1)(d) above does not apply to a voter to whom rule 38 or 39 applies.

(5)The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

(6)The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

[F83(7)A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]]

37(1)[F154Subject to paragraphs (1A) to (1G) below, a] ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—N.I.

(a)F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the number, [F156and name] of the elector as stated in the copy of the register of electors shall be called out;

(c)the number of the elector shall be marked on [F157the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him];

(d)a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(e)in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

[F158(1ZA)In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9), paragraph (1) is modified as follows—

(a)in sub-paragraph (b), for “copy of the register of electors” substitute copy of the notice issued under section 13BA(9);

(b)in sub-paragraph (d), for “in the register of electors” substitute on the copy of the notice issued under section 13BA(9).]

[F159(1A)A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

[F160(1AA)The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.]

(1B)Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless [F161—

(a)the officer or clerk decides that—

(i)the document, or

(ii)the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (1DC)),

raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b)the officer or clerk reasonably suspects that the document is a forged document (see paragraph (1EA)).]

(1C)[F162Where in such a case it is a presiding officer who so decides [F163or reasonably suspects (as the case may be)] ,] he shall refuse to deliver a ballot paper to the voter [F164(subject to paragraph (1DA))].

[F165(1D)Where in such a case it is a clerk who so decides [F166or reasonably suspects (as the case may be)], he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.]

[F167(1DA)There is an exception from paragraph (1C) for cases within sub-paragraph (a) of paragraph (1B) where—

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

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

(1DB)The refusal to deliver a ballot paper under paragraph (1C) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1DA) apply on any further application.

(1DC)For the purposes of paragraph (1B)(a)(ii), “relevant provision” means—

(a)where the voter is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act, and

(b)where the voter is registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.]

(1E)For the purposes of this rule a specified document is [F168a document (in whatever form issued to the holder and regardless of any expiry date) which] for the time being falls within the following list:—

[F169(a)a F170... licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;]

(b)a F171... passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;

(c)F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F173(h)[F174an] electoral identity card issued under section 13C of this Act;]

[F175(i)a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;]

[F176(j) a [F177Registered Blind SmartPass or] Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(k)a [F178War Disablement SmartPass or] War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;]

(l)[F179a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;]

[F180(m)a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;

(n)a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.]

[F181In sub-paragraph (a) a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 F182... or under F183... the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force [F184and includes a Community licence within the meaning of those enactments].]

[F185(1EA)In this rule a “forged document” means a false document made to resemble a specified document.]

(1F)Regulations may make provision varying the list in paragraph (1E) above (whether by adding or deleting documents or varying any description of document).

[F186(1FA)No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.]

(1G)References in this rule to producing a document are to producing it for inspection.]

(2)The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose [F187the number and other unique identifying mark], and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(3)The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

[F188(4)A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.]

Votes marked by presiding officerU.K.

38(1)[F84Subject to paragraph (1A) below, the] presiding officer, on the application of a voter—U.K.

(a)who is incapacitated by blindness or other [F85disability] from voting in manner directed by these rules, or

(b)who declares orally that he is unable to read,

shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box.

[F86(1A)The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if—

(a)references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b)in rule 37(1G) as it extends to England and Wales and to Scotland, and in rule 37(1DB) as it extends to Northern Ireland, the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(1B)In paragraph (1A), “the relevant paragraphs of rule 37” means—

(a)paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland;

(b)paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.]

(2)The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called “the list of votes marked by the presiding officer”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

[F87(3)In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (2) above applies as if for “on the register of electors of every voter” there were substituted relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D).]

[F88(4)In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.]

[F89 Voting by persons with disabilities]U.K.

[F9039(1)If a voter makes an application to the presiding officer to be allowed, on the ground of—U.K.

(a)blindness or other [F91disability], or

(b)inability to read,

to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or [F92other disability], or by his inability to read, as to be unable to vote without assistance.

(2)[F93Subject to paragraph (2A) below, if] the presiding officer—

(a)is satisfied that the voter is so incapacitated, and

(b)is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i)[F94is aged 18 or over], and

(ii)has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer shall grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

[F95(2A)The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if—

(a)references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b)in rule 37(1G) as it extends to England and Wales and to Scotland, and in rule 37(1DB) as it extends to Northern Ireland, the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(2B)In paragraph (2A), “the relevant paragraphs of rule 37” means—

(a)paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland;

(b)paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.]

(3)For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, F96...

(4)The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).

In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

[F97(4A)In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (4) above applies as if for “in the register of electors of every voter” there were substituted relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D).]

[F98(4B)In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.]

(5)The declaration made by the companion—

(a)shall be in the form in the Appendix; and

(b)shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

(6)No fee or other payment shall be charged in respect of the declaration.]

Tendered ballot papersU.K.

40(1)If a person, representing himself to be—U.K.

(a)a particular elector named on the register and not named in the absent voters list, or

(b)a particular person named in the list of proxies as proxy for an elector and not F99 entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

[F100(1ZA)Paragraph (1ZC) applies if —

(a)a person applies for a ballot paper representing himself to be a particular elector named on the register,

(b)he is also named in the postal voters list, and

(c)he claims that he did not make an application to vote by post at the election.

(1ZB)Paragraph (1ZC) also applies if—

(a)a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b)he is also named in the proxy postal voters list, and

(c)he claims that he did not make an application to vote by post as proxy.

(1ZC)The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.]

[F101(1ZD)Paragraph (1ZE) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a)a particular elector named on the register and who is also named in the postal voters list, or

(b)a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(1ZE)The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.]

[F102(1ZF)A person to whom a ballot paper is not delivered under paragraph (3) of rule 35 following his unsatisfactory answer to the question at entry 1(c) in the table in paragraph (1) of that rule shall, if he satisfactorily answers any other questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.]

[F103(1A)The relevant paragraphs of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 37(1), subject to the modification set out in paragraph (1AA).

(1AA)The modification is that—

(a)in rule 37(1G) as it extends to England and Wales and to Scotland, and

(b)in rule 37(1DB) as it extends to Northern Ireland,

the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.

(1AB)In paragraph (1A), “the relevant paragraphs of rule 37” means—

(a)paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland;

(b)paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.]

(1B)Paragraph (1C) below applies where [F104, at an election held in Northern Ireland]

[F105(a)under paragraph (3) of rule 35 a ballot paper is not delivered to a person following his unsatisfactory answer to the question in paragraph (1A) of that rule; or

(b)] a presiding officer refuses to deliver a ballot paper to a person under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38 or 39 of this rule).

(1C)The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2)A tendered ballot paper shall—

(a)be of a colour differing from the other ballot papers;

(b)instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(3)The name of the voter and his number on the register of electors shall be entered on a list (in these rules referred to as the “tendered votes list”) [F106and the voter must sign the list opposite the entry relating to him].

(4)In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

[F107(4A)This rule applies to an elector who has an anonymous entry subject to the following modifications—

(a)in paragraphs (2)(b) and (3) the references to the name of the voter must be ignored;

(b)otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears on the register or list (as the case may be).]

[F108(4B)This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) as if—

(a)in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted in respect of whom a notice under section 13B(3B) or (3D) of this Act has been issued;

(b)in paragraph (2)(b) for “his number in the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act;

(c)in paragraph (3) for “his number on the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act.]

[F109(4C)This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) as if—

(a)in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”;

(b)in paragraph (2)(b) for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”;

(c)in paragraph (3) for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”.]

[F110(5)A person who marks a tendered ballot paper under paragraph (1C) above shall sign the paper, unless it was marked after an application was refused under rule 38 or 39.

(6)A paper which is required to be signed under paragraph (5) above and is not so signed shall be void.]

[F111(7)This rule does not apply in relation to an elector who has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland.]

[F112Tendered postal ballot papers: anonymous entries in Northern IrelandU.K.

40ZA.(1)This rule applies to a person (“P”) who—U.K.

(a)is an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland; or