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The Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006

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PART 12Miscellaneous Amendments and Transitional Provision

Maundy Thursday

60.—(1) In regulation 8(3) (time) omit the words “Maundy Thursday,”.

(2) In regulation 56(6) (closing date for absent voting applications) omit the words “Maundy Thursday,”.

Additional requirement for postal vote applications

61.  After regulation 51A insert—

Additional requirement for applications for ballot papers to be sent to different address from that stated in application

51AA.(1) Paragraph (2) applies where—

(a)in the case of an application to vote by post under paragraph 3(1) or (7) or 4(1) of Schedule 4(1), the addresses stated in accordance with regulation 51(2)(b)(2) and (d) are different;

(b)in the case of an application by a proxy to vote by post under paragraph 7(4) of Schedule 4(3), the proxy’s address stated in accordance with regulation 51(2)(c) and the address stated in accordance with regulation 51(2)(d) are different.

(2) The application must set out why the applicant’s circumstances will be or are likely to be such that he requires the ballot paper to be sent to the address stated in accordance with regulation 51(2)(d).

(3) This regulation does not apply where an applicant has, or has applied for, an anonymous entry..

Amendments relating to requirement to make notification to absent voters

62.—(1) Regulation 57(4) is amended as follows.

(2) In paragraph (4B)—

(a)after “paragraph 3(4)” insert “or 7(6)”;

(b)after “shall” insert “where practicable”.

(3) In paragraph (4C) after “shall” insert “where practicable”.

Persons entitled to be present at proceedings on issue and receipt of postal ballot papers: observers

63.  Regulations 67 and 68 are amended by inserting at the beginning of each regulation the words “Without prejudice to the provisions of section 6A, 6B, 6C, 6D, or 6E of the Political Parties, Elections and Referendums Act 2000(5),”.

Amendment to regulation 74

64.  In regulation 74, at the beginning of paragraph (3)(c) insert “unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed,”.

Replacement of declarations of identity by postal voting statements

65.  In the Representation of the People (England and Wales) Regulations 2001(6)—

(a)for each reference to “declaration of identity”, substitute “postal voting statement”; and

(b)in each of the following places at which there is any reference to “declaration”, substitute “statement”—

(i)regulation 79(2),

(ii)paragraphs (2), (4) and (7) of regulation 85, and

(iii)paragraphs (1) and (4) of regulation 88.

Form of Postal Voting Statement

66.  In Schedule 3, for Form G, Form H and Form J substitute the Form G, Form H and Form J set out in Schedule 2 to these Regulations.

Transitional provision: regulation 31J

67.—(1) Paragraph (2) applies until paragraph 2(1) and (2) of Schedule 2 to the Children Act 2004(7) comes into force.

(2) Regulation 31J(8) must be read as if for sub-paragraphs (f) to (h) of paragraph (4) there were substituted—

(f)any director of social services within the meaning of section 6(1) of the Local Authority Social Services Act 1970(9);.

(1)

The reference is to Schedule 4 to the Representation of the People Act 2000 (c. 2.). Paragraphs 3(1) and 4(1) were amended by, respectively, section 14(1)(a) and (2)(a) of the Electoral Administration Act 2006 (c. 22).

(2)

Amended by S.I. 2006/752.

(3)

The reference is to Schedule 4 to the Representation of the People Act 2000 (c. 2).

(4)

Amended by S.I. 2006/752.

(5)

2000 c. 41; sections 6A, 6B, 6C, 6D and 6E were inserted by section 29 of the Electoral Administration Act 2006 (c.22).

(8)

Regulation 31J is inserted by regulation 12 of these Regulations.

(9)

1970 c. 42; section 6(1) was amended by paragraph 2(1) and (2)(b) of Schedule 2 to the Children Act 2004 (c. 42).

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