UK Offence Report

The Neighbourhood Planning (Referendums) Regulations 2012

regulation 9(5)(c) of The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

c after rule 27 insert— Requirements of return of postal voting documents form 27A The requirements of this rule are— a the person handing in a postal voting document (“P”) completes a form containing the following information (a “return of postal voting documents form”)— i P’s name and address, ii whether P is handing in P’s own postal voting documents, iii the number of other named voters for whom P is handing in postal voting documents, iv the total number of envelopes containing postal ballot papers P is handing in, including P’s own, v the reason P is handing in postal voting documents for other named voters, vi a declaration by P that P has not handed in postal voting documents at any polling station or to the counting officer for a total of more than the number of named voters other than P set out in rule 27B(1)(c) or 30B(1)(c), including those being handed in at that time and that to the best of P’s knowledge, P is not a political campaigner for whom it is an offence to handle the postal voting documents concerned in accordance with section 112A of the 1983 Act; b the relevant officer has endorsed the return of postal voting documents form returned by P to confirm the relevant officer’s name and that— i the relevant officer is satisfied that the form has been completed properly and provides the information required by paragraph (a), ii the relevant officer does not suspect that the number of named voters other than P for whom P is handing in postal voting documents exceeds the number of named voters specified in rule 27B(1)(b) or (c), or rule 30B(1)(b) or (c), iii the relevant officer does not suspect that P is a political campaigner who is committing an offence under section 112A of the 1983 Act, and iv the postal voting documents to which the form relates are not rejected.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
an officer
Conduct
failing to do something the instrument requires
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no fault word in the offence-creating words, but the surrounding provision uses reasonable cause to suspect - which element it governs was not determined.

What would breach regulation 9(5)(c)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words it is an offence to handle the postal voting documents concerned in accordance with section 112A of the 1983 Act.
  2. Not doing what the provision requires under the Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 112A of the 1983 Act.

penalty is that of the referenced enactment; not stated in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
20 November 2023
In force from
Not determined
Extent
E+W+S+NI

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make amendments to subordinate legislation in consequence of provisions contained in the Elections Act 2022 (c. 37) (“the Act”). The amendments made by these Regulations 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 simple majority system to be used in elections for certain offices (section 13). The provisions relating to the handing in of postal voting documents set out new procedures which will apply to the handing in of postal voting documents at polling stations and to the returning officer for UK Parliamentary elections and various other polls in England. The amendments relating to the handling of postal voting documents by political campaigners and requirements relating to secrecy ensure provisions consistent with those contained in the Act apply across relevant electoral subordinate legislation. Additionally, these Regulations update prescribed forms for use at elections, referendums and recall petitions as a consequence of these new provisions. Regulations 2 and 3 amend the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) and the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497), respectively, to set out new provisions relating to procedures for the handing in of postal voting documents at polling stations and to the returning officer for UK Parliamentary elections and certain local government elections in England. Regulation 4 makes a small amendment to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294) in consequence of the amendments made by section 13 of the Act to the system of election for the Mayor of London. Regulations 5 and 11 amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024) and the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), respectively, to apply consequential amendments relating to the new procedures for the handing in of postal voting documents at polling stations and to the returning officer in England, specifically in relation to certain mayoral elections. Regulations 6, 7 and 9 amend the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323), the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), and the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), respectively. Regulations 6, 7 and 9 make consequential amendments to those statutory instruments in relation to the new procedures for the handing in of postal voting documents at polling stations and to the counting officer in England, specifically in relation to local referendums. The amendments made by those regulations also ensure that new restrictions relating to the handling of postal voting documents by political campaigners provided for by the Act will apply in relation to the handling of postal voting documents at local referendums in England. Finally, the amendments also ensure that new requirements relating to secrecy for postal and proxy votes provided for by the Act will apply to postal and proxy voting at local referendums in England. Regulation 8 amends the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) to set out the new provisions which will apply at police and crime commissioner elections in England and Wales relating to: the handling of postal voting documents by political campaigners; handing in postal voting documents at polling stations and to the returning officer; and requirements for secrecy. Regulation 12 updates Welsh and English versions of prescribed forms in Schedule 3 to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 (S.I. 2021/291) equivalent to the form updates made by regulation 8 to the 2012 Order. Regulation 10 amends the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295) to set out the new provisions which will apply to recall petitions for the recall of MPs in relation to: the handling of postal petition documents by political campaigners; handing in postal petition documents; and requirements for secrecy. 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.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source