Guidance for Petition Officers for a recall petition
This guidance has been produced to support Petition Officers in Great Britain in carrying out their role in administering a recall petition. It is based on, and should be read in accordance with, the requirements set out in the Recall of MPs Act 2015 and the Recall of MPs Act 2015 (Recall Petition) Regulations 2016.
This guidance is directed towards the Petition Officer (PO) and the duties they carry out. As these duties may in practice be carried out by deputies and/or appointed staff, we use the term ‘you’ to mean the PO and whoever is carrying out the PO’s duties on their behalf.
In England and Wales, the Petition Officer is the same person as the (Acting) Returning Officer for the parliamentary constituency. 1 This can be the same person as the Electoral Registration Officer (ERO).2
In Scotland, the Petition Officer is the same person as the Returning Officer for the parliamentary constituency. 3
In this guidance we use ‘must’ to refer to a specific legal requirement, and ‘should’ or ‘may’ for recommended practice or where you have discretion. The legislation provides flexibility to enable you to make arrangements which reflect the particular needs of your constituency.
The Department for Levelling Up, Housing and Communities has also produced guidance to assist Petition Officers in the performance of their statutory duties, which we have referred to in this guidance.
- 1. Section 6, Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Section 28, Representation of the People Act 1983 ↩ Back to content at footnote 2
- 3. Section 6, Recall of MPs Act 2015 ↩ Back to content at footnote 3
What is a recall petition?
The Recall of MPs Act 2015 introduced a process by which an MP will lose their seat in the House of Commons if a petition to recall them is successful.
The recall process can only be triggered under certain circumstances and is started by the Speaker of the House of Commons giving notice to the PO that the recall conditions have been met.
A recall petition asks electors if they want their MP to lose their seat. The petition, once open, is available for signing for six weeks.
If, at the close of the petition, at least 10% of the parliamentary electorate in the constituency have signed the petition, the MP will lose their seat and a by-election will be called. The MP subject to recall may stand in the by-election.
If the required number of signatures are not obtained by the close of the signing period, the petition fails and the MP remains in post.
Opening a recall petition
The PO must open a recall petition if the Speaker of the House of Commons (the Speaker) notifies them that an MP has been:
- convicted of an offence in the UK and been sentenced or ordered to be imprisoned or detained (including a suspended sentence)
- ordered to be detained, other than solely under mental health legislation
- suspended from the House of Commons for ten sitting days or 14 calendar days, or
- convicted of providing false or misleading information for allowance claims under the Parliamentary Standards Act 20091
In the case of a conviction, the recall petition will not be opened unless the appeal period expires without the conviction, sentence or order having been overturned or all appeals have been heard and dismissed.
The Speaker must issue the notice to the PO as soon as reasonably practicable after becoming aware that one of the conditions has been met. The Speaker’s notice must specify:
- the date on which it is given
- which of the recall conditions has been met
- in the case of the first condition, the offence of which the MP has been convicted2
When a recall petition will not be opened
The Speaker of the House will not notify the PO, and a recall petition will not be opened, if:
- the MP’s seat has already been vacated
- a recall petition is already underway in respect of the MP, or
- the last possible date for a UK Parliamentary general election is within the next 6 months3
- 1. Section 1, Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Section 5 (5), Recall of MPs Act 2015 ↩ Back to content at footnote 2
- 3. Section 5 (2), Recall of MPs Act 2015 ↩ Back to content at footnote 3
Roles and Responsibilities
Petition Officer
In England and Wales, the Petition Officer (PO) is the same person as the (Acting) Returning Officer for the parliamentary constituency.1 This can be the same person as the Electoral Registration Officer (ERO).2
In Scotland, the Petition Officer is the same person as the Returning Officer for the parliamentary constituency.3
Your role as Petition Officer is to:
- receive the notice from the Speaker
- designate signing places and appoint Petition Clerks and Assistants
- open a recall petition
- notify electors that a recall petition has been opened
- oversee the administration of the petition, including:
- publishing a register of electors who can sign the petition
- notifying electors of the petition
- issuing and receipt of postal signing sheets
- overseeing the daily verification and storage of signing sheets
- counting of signing sheets
- declare the result, including notifying the Speaker
- forward to registration officer (or, in Scotland, retain) documents for secure storage and disposal
- receive donation and spending returns and make them available for public inspection
As in your role as Returning Officer, as Petition Officer you are subject to breach of official duty provisions. This means that if you or your appointed deputies are, without reasonable cause, guilty of any act or omission in breach of official duty you (and/or they) are liable on summary conviction to a fine.4
You must also consider accessibility for electors at signing places. Our guidance on assistance with voting for disabled people provides further information.
Electoral Registration Officer
The Electoral Registration Officer is responsible for maintaining the register of electors and lists of absent voters for their local authority area.5 Even where the ERO is the same person as the Petition Officer, they have different functions and responsibilities in law.
Where a parliamentary constituency crosses local authority boundaries there could be more than one ERO for the Petition Officer to liaise with.
For more information on the role of the ERO at a petition, see our planning guidance.
The Electoral Commission
The Electoral Commission’s role in the process is to:
- provide advice and guidance to help people understand the rules
- if necessary, apply to the court for the forfeiture of impermissible donations,
- publish a report on any issues relating to administration of a recall petition and the framework for campaign spending and donations at these events
- 1. Section 6, Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Section 28, Representation of the People Act 1983 ↩ Back to content at footnote 2
- 3. Section 6, Recall of MPs Act 2015 ↩ Back to content at footnote 3
- 4. Regulation 121, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Section 8, Representation of the People Act 1983 ↩ Back to content at footnote 5
Planning for a recall petition
This section contains guidance on how to develop your plans for a recall petition, including incorporating considerations for recall petitions into your routine planning for elections.
It also contains guidance on the venues required for key processes and the staffing and training that will be needed.
Delivering a recall petition will bring with it its own particular challenges. Your work to deliver a well-run petition will come under considerable scrutiny – from campaigners, electors and the media, including through social media. Therefore, having robust plans in place are crucial to ensure you are able to deliver a well-run petition.
The same general planning assumptions can be applied as for an election. Your project plan should include the deliverables and tasks necessary for the administration of the petition. Your plan should also identify the resources required to carry out the petition.
As at elections, you should establish a project team to support you, and prepare a schedule of meetings which can be used to allocate tasks and monitor progress.
Your plan should cover contingency planning and business continuity arrangements, and you should also identify risks and mitigations in a risk register, which should be kept under review.
You should also plan how you will liaise with the relevant ERO(s) to obtain relevant registration and absent voter data from them. More information is set out in our guidance for liaising with EROs.
You should also consult the fees and charges set out in the Recall Petition (Petition Officers' Charges) Regulations and reconcile projected costs for activities against the available budget.
Early Planning Considerations
Due to the nature of a recall petition, it is likely that you will have a short timeframe to plan for the delivery; you should therefore consider how you can include some of the key deliverables at a petition into your routine planning, review of election activities and review of polling districts and polling places.
For example, after an election when you evaluate the staff used at polling stations, you could establish who would be able to work for longer period of times, and also at short notice.
You should also ensure that your general contingency planning includes arrangements for delivering a recall petition in your constituency.
Venues
You should pro-actively identify possible locations for signing places, taking into account the following:
- the length of the signing period - as signing places need to be available for the full six-week period
- if you decide to extend the signing period into evenings and weekends, the venues also need to be available and accessible at those times
- the short notice between the petition date being confirmed and start of the signing period
- the need for privacy particularly given, during the petition period, it is an offence to publish a statement that could indicate that an individual has signed the petition or not
- that some venues may not wish for their premises to be used, due to the political nature of a recall petition
You could also consider different venues from those that you ordinarily use at elections and which are central and accessible, such as shops and banks.
It would be good practice to include the suitability of a venues to be used as signing places when you undertake your review of polling stations following an election and at your statutory polling district and polling place review.
If your electoral software allows, you could set up a test petition, where you are able to allocate polling stations as signing places so that you are familiar with this process.
Ensuring venues are accessible
As part of your review of previous electoral events, you should have undertaken an evaluation of the accessibility of venues used. The results of this should be used to inform your identification of suitable venues and to ensure that any known barriers to access can be overcome. You will need to assess any new venues that you consider could be used as signing places, which are not designated polling places, to ensure that the venues are accessible for all electors.
Under the Equality Act 2010, service providers have a duty to make reasonable adjustments to avoid putting disabled people at a substantial disadvantage compared to people who are not disabled.1 You should work closely with experts on access to premises or facilities for disabled people in order to comply with the duty. The equalities officer at your local authority should be able to provide you with advice and assistance. More information is also available in our guidance for Returning Officers to assist disabled electors with voting.
Staffing
To prepare for employing staff for a recall petition, there are a number of actions you can incorporate into your general planning considerations:
- when reviewing your staffing following an election, you could establish which staff members could be available for a longer time frame
- proactively create a staffing list of those who may be able to commit to a longer time frame
- work with internal part-time colleagues who may be able to fulfil staffing roles at the signing places
Liaison with the ERO
You, as the PO are, responsible to compile the petition register.2 Early discussions with the relevant EROs will ensure that you are able to obtain the required information from the EROs in a timely manner.
Whilst in most cases the PO and the ERO will be the same person, this will not be the case in Scotland nor where a constituency crosses local authority boundaries, so early discussions with the relevant ERO will assist with any preparations for a recall petition.
EROs should also familiarise themselves with the requirements for a recall petition, including the publication of notices of alteration and absent vote arrangements.
EROs should work with their EMS software supplier to understand the process to capture the register to be in force for a recall petition, which could include setting up a separate test petition register, to enable them to supply you with the relevant data.
- 1. Sections 20, 29 and 31 Equality Act 2010 ↩ Back to content at footnote 1
- 2. Regulation 4, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
Petition timetable
We have published a generic timetable, which includes statutory deadlines, to assist you in your planning. The timetable is calculated forwards from the date of the notice from the Speaker.
You should ensure that you have contingency arrangements in place to enable you to respond and deliver a well-run recall petition. Once a recall petition has been triggered you will need to review your plans and develop arrangements for the specific context and timetable of the petition.
Further information on the Voter Authority Certificate and Anonymous Elector's Document application deadline can be found in our guidance for EROs in England, Wales and Scotland.
Staffing and training
You should identify the staff you will need and make the necessary appointments at the earliest opportunity.
You should ensure that deputy arrangements are in place in case you are unable to act personally. You may appoint deputies to discharge all or any of your duties.1
Each local authority which falls within the constituency must place the services of its officers at your disposal.2
You will need to appoint:
- petition clerks and assistants for the signing places
- staff for the issue and opening of postal signing sheets3
- staff for the counting of signatures
- any other support staff you have identified as required
All staff must be given a copy of the secrecy requirements.4
For continuity, where possible you should consider having the same members of staff at the signing places throughout the signing period.
Where this is not achievable, you could consider a rota system where, for example, the same members of staff work on the same weekday throughout the six weeks.
You must not appoint anyone who has been employed by or on behalf of an accredited campaigner in respect of the petition.
You will need to plan for the training of your staff so that they are aware of their duties and what will be expected of them. Although the role of a petition clerk is similar to the role of a Presiding Officer, you will need to adapt your polling station training to reflect differences for managing a signing place at a recall petition – for example, who is eligible to attend signing places.
We have produced a guide to the signing process for petition clerks, which can be used in addition to our polling station handbook.
You will also need to ensure that you include training for petition clerks and assistants to understand the barriers that some disabled people may face when attending a signing place and how to use any equipment provided to enable disabled people to sign independently.
- 1. Paragraph 2(2), Schedule 1, Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Paragraph 2(3), Schedule 1, Recall of MPs Act 2015 ↩ Back to content at footnote 2
- 3. Regulation 17, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulations 21 and 90, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
Venues
Your project plan should cover the identification of suitable venues for all processes, and you should ensure that this is done as early as possible, especially for signing places.
Signing places
You will not need to identify as many signing places as you would polling stations at an election. You can designate up to 10 signing places.1 You will need to ascertain the availability of your preferred signing places early on in your planning as they need to be designated as soon as possible after being notified of the petition.
You should consult your scheme of polling places which you have used at previous electoral events and assess their suitability. You will also need to ensure that any signing places are accessible for disabled voters.
When checking for their availability you will need to emphasise that the signing place needs to be available for a six week period and outside of the core signing period of 9am – 5pm Monday to Friday.
In England and Wales, schools that are publicly funded, including academies and free schools may be used as signing places free of charge.2
In Scotland, schools, excluding independent schools, may be used as signing places free of charge.3
You are also entitled to use, free of charge, any publicly–funded room.
You will, however, need to pay for any lighting, heating etc. costs incurred when using such rooms as signing places.
Postal signing sheet issue and opening venues
You should draw on your plans from previous electoral events when selecting venues for postal signing sheet issue and opening and deciding on the appropriate number of sessions to hold.
In deciding how many opening sessions to hold over the period, you should bear in mind that there is a longer period for people to return their postal signing packs than the usual period for returning postal ballot packs at elections.
Regular opening sessions will help you to confirm to people whether you have received their postal signing sheets and statements4 and enable you to identify where people have already returned a postal signing sheet, and are therefore not permitted to make changes to their absent signing arrangements, even where this is before the deadline for making amendments.
Your first opening session should be held within a couple of days of your first issue. Even if you have not received a high number of returned postal signing sheets by then, you should still conduct a session at that time and take the opportunity to test your equipment and assess your workflows under real conditions.
You should also plan further opening sessions around expected peaks of returns following subsequent issues of postal signing packs.
Count venue
You should draw on your plans from previous electoral events when selecting the venue for counting the signatures.
Although the count process is more straightforward than at an election, you will need to put arrangements in place to enable you to deliver an accurate count in which everyone has confidence. Our verification and count guidance contains a number of points for you to consider when planning for the count.
- 1. Section 7(2) Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Regulation 13, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 13, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 106, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
Managing contractors and suppliers
Where you outsource work you will need to take steps to ensure that contractors and suppliers comply with all relevant rules and regulations, including data protection legislation.
You will need to follow good procurement practice when selecting contractors.
You should ensure that you have formal written contracts in place, and that you document all stages of the process.
More information can be found in our guidance for managing contractors and suppliers
Preventing fraud and maintaining integrity
Members of the public and campaigners should be confident that the petition process is free from fraud.
You will need to put plans in place to prevent electoral fraud and work with your police single point of contact (SPOC) to deal with any specific allegations or patterns of activity that might indication potation integrity problems.
There are a number of potential offences at a petition, including but not limited to:
- Personation1
- Signing and proxy signing offences2
- False application to sign by post or by proxy3
- False statements in absent signing4
- Tampering with signing sheets5
- Interference with notices6
- Breaches of the secrecy requirements7
- Producing materials which imitate official petition notices8
- False statements as to the MP or an accredited campaigner9
- Payment for displaying notices10
- Breaches of imprint requirements11
- Payment of canvassers12
- Illegal payments13
- Bribery14
- Treating15
- Undue influence16
- 1. Regulation 118, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 119, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 120, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 137, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 122, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Regulation 138, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 6
- 7. Regulation 123, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 7
- 8. Regulation 126, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 8
- 9. Regulation 129, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 9
- 10. Regulation 130, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 10
- 11. Regulation 131, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 11
- 12. Regulation 132, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 12
- 13. Regulation 133, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 13
- 14. Regulation 134, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 14
- 15. Regulation 135, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 15
- 16. Regulation 136, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 16
Communication about the petition
As part of your planning you will need to consider how you will deal with queries raised by the public and other stakeholders, bearing in mind that the queries will be of a different nature to those at an election. You should review your internal FAQs. You will also need to establish how queries should be directed and, where necessary, an appropriate escalation process.
You should also ensure that those involved in the petition are aware that it is an offence to publish any forecasts about the result of the petition.1
Providing information to the public
You must issue official petition notices to electors and publish the notices as set out in the legislation. More information is given in our guidance on the delivery of pre-petition processes.
Unlike at an election, there is no duty for the Petition Officer to promote participation in a recall petition. You should provide factual information about how people can sign the petition, for example by ensuring that details from the notice of petition are published on your website and communicated by other means as you see fit.
Engaging with petition campaigners
You will need to prepare for communicating and engaging with petition campaigners. Petition campaigners may campaign for or against the petition.
Campaigners can be non-accredited or accredited. They become accredited by delivering an accreditation notice to you and, where appropriate, by appointing a ‘responsible person’.2
Once you have received an accreditation notice, you must give public notice of the details it contains in whatever way you see fit. You must not publicise the home address of individual accredited campaigners.3
Accredited petition campaigners are entitled to receive a copy of the petition register. Non-accredited campaigners are not entitled to this information. You will need to advise accredited petition campaigners how they can access copies of the petition register from you. They should also be advised that any request for absent signers’ lists should be made to the ERO.4
Petition campaigners are not entitled to attend the signing places or postal signing sheet opening sessions. If you decide to allow them access to the counting of signatures, you will need to provide them with information about the arrangements.
Registered campaigners must submit their petition spending returns to you.
Our guidance for recall petition campaigners includes information about the rules on campaign spending, donations and reporting, as well as the use of imprints.
- 1. Regulation 124, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Paragraphs 19 to 21, Part 5, Schedule 3, Recall of MPs Act 2015 ↩ Back to content at footnote 2
- 3. Paragraph 22, Part 5, Schedule 3, Recall of MPs Act 2015 ↩ Back to content at footnote 3
- 4. Regulation 80(1)(f), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
Delivery of pre-petition processes
This section covers the initial processes at a recall petition before the petition begins, including:
- the designation of signing places
- the start of the signing period
- your duties to notify electors of the petition
- compiling the petition register, and
- arrangements for the publication of the petition register.
Designating signing places
Once you have received the Speaker’s notice, you must, as soon as reasonably practicable, designate signing places.1 These are the places where the recall petition will be made available for eligible electors to sign, in a similar way that electors vote in polling stations.
You may designate up to a maximum of 10 signing places.2
In determining how many signing places to make available, and the locations to be used as signing places, you must seek to ensure that:
- all persons entitled to sign the recall petition have such reasonable facilities for signing it as are practicable in the circumstances, and
- so far as is reasonable and practicable, every place designated is accessible to disabled persons3
As when designating polling places at an election, you should base your decision on what is practicable and reasonable for the constituency. Although, in some areas, the choice of buildings for the full six week period may be limited, wherever possible, you should ensure that signing places are situated at a reasonable distance and are as convenient as possible for electors allocated to sign there, ideally with good access for pedestrians and those travelling by public transport.
As you can only designate up to 10 signing places, there will be more electors allocated to each signing place than is usual for an election. You should consider the geography and the elector distribution in your constituency to determine which electors are allocated to each signing place.
The Department for Levelling Up, Housing and Communities have also issued further guidance for Petition Officers on this matter
- 1. Section 7 (1)(a), Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Section 7(2), Recall of MPs Act 2015 ↩ Back to content at footnote 2
- 3. Section 7(3), Recall of MPs Act 2015 ↩ Back to content at footnote 3
Designating the start of the signing period
Once you have received the Speaker’s notice you must designate the day from which the petition signing period will begin. This must be the 10th working day after the day on which the Speaker’s notice is received (or the next working day if that day is not practicable).1
You must ensure that the petition is available for signing in each place on each working day throughout the signing period between 9am and 5pm.2
In addition, you must make the petition available for signing at other times,3 for example in the evening or at a weekend. These additional hours must be specified on the notice of petition.4 These additional hours can also vary for different signing places.5
There are a number of issues that you should consider when determining these details, which include:
- the scope of the extended hours for example
- one day a week with early opening such as at 7am,
- one day a week with later closure such as at 8pm
- weekend opening such as Saturday mornings
- the availability of staff
- the accessibility of buildings outside the set opening hours
You should base your decision on what is practicable and reasonable for the constituency.
The Department for Levelling Up, Housing and Communities have issued further guidance for Petition Officers on this matter.
- 1. Section 7(4), Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Regulation 15(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 15(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 14(2) Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 14(2) Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
Compiling the petition register
You, as the PO, are responsible for compiling the petition register containing the names, qualifying address, and elector numbers of those entitled to vote in the constituency at a UK Parliamentary election.1
Where you have designated more than one signing place, you will need to frame the register in separate parts and assign electors to each part in a similar way to allocating electors to polling stations.2
Existing electors who are 18 or over by the end of the signing period, and who are entitled to vote at a parliamentary election in the relevant MP’s constituency, are entitled to sign the petition.3
Applications to register received after the Speaker’s notice will have no effect for that recall petition.
Any elector who applies on or before the day the Speaker’s notice is given, and who will be determined before the publication of the petition register (the cut-off day), will be entitled to sign the petition.4 The ERO will publish a petition notice of alteration on the cut-off day, detailing in-time additions, amendments and deletions, as well as any alterations due to court orders or clerical errors.
The relevant ERO(s) must supply you with copies of the register and notices of alteration in paper and data form for the purposes of the petition, and the usual restrictions on their use applies.5
We have further guidance for EROs on supply of the register to a Petition Officer in England, Wales and Scotland and recall petition notices of alteration in England, Wales and Scotland.
- 1. Regulation 4, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 4(5), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Section 10(1), Recall of MPs Act 2015 ↩ Back to content at footnote 3
- 4. Section 10, Recall of MPs Act 2015, and Section 13BC(2) and (3) Representation of the People Act (RPA) 1983 (inserted by Schedule 2, Recall of MPs Act 2015) ↩ Back to content at footnote 4
- 5. Paragraph 1, Schedule 1, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
Giving public notice of the petition
You must give public notice of the petition, stating the:
- name of the MP who is subject to the petition process
- details about the recall condition which has been met in relation to that MP
- start and end dates of the signing period
- location of each signing place (a maximum of 10)
- days and hours during which the petition will be available for signing in each signing place
- the persons entitled to sign the petition1
There is no date given in the legislation for the publication of the notice of petition, but you must publish it as soon as practicable. In practice this will be as soon as the details required on the notice are finalised.
You must post the notice in a conspicuous place or places within the constituency and in any other such manner as you see fit.2 You should ensure that notice is given in a way that is easily accessible to voters, such as through the local authority website.
You must give a copy of the notice of petition to the MP in question.3
If you have received an accreditation notice from a petition campaigner, you must give public notice of the details it contains in whatever way you see fit. You must not publicise the home address of individual accredited campaigners.4
- 1. Regulation 14, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 147, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 14(f), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Paragraph 22, Part 5, Schedule 3, Recall of MPs Act 2015 ↩ Back to content at footnote 4
Official petition notices
You must send an official petition notice to electors and proxies as soon as practicable after determining the signing places.1 In practice, given the information required for the notices, this is likely to be after the notice of petition has been published.
The petition notices are the equivalent of poll cards at elections and referendums. The notices are prescribed and must include:2
- the name of the MP who has become subject to the petition process
- the name of the constituency of that MP
- the recall petition condition that has been met in relation to that MP
- the elector’s name, qualifying address and number on the register
- the dates of the beginning and end of the signing period
- the situation of the elector’s petition signing place allotted to them and the days and hours during which the petition will be available for signing at that place
- the list of accepted photographic ID to be presented by the elector
- such other information as the Petition Officer considers appropriate
Petition notices must be sent to the elector’s qualifying address3 or, in the case of a proxy, to the proxy’s address as shown in the list of proxies. You must not send a petition notice to overseas electors.
If you are using an external contractor to manage the production and delivery of petition notices, you should ensure that you have the necessary quality assurance and contract management processes in place, as you would for the production of poll cards at an election.
An update of the registration data resulting from any elector being added to the petition register after the initial submission should be sent to your printers as soon as practicable to enable the production of petition notices.
Petition notices may be delivered by hand, by post, or by some other method determined by you as the most appropriate.4 Whichever method you choose, you should put arrangements in place to manage the process and monitor the delivery of the notices in a similar way as you would when arranging the delivery of poll cards at an election.
In order to ensure that electors receive the information they need and within time for them to sign the petition, you should ensure that petition notices are received by electors as soon as possible, so that they have the maximum amount of time to apply to sign the petition by post should they want to do so.
An anonymous elector’s petition notice must be sent in a covering envelope to the elector’s qualifying address or, where a different address has been specified on their registration application, the petition notice must be sent to that other address.5
- 1. Section 8, Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Regulation 18(6) – (9), Recall of MPs Act 2015 (Recall Petition) Regulations 2016.For recall petitions on or after 2 May 2024, the forms of official petition notice for an elector or proxy can be found in Schedule 10 to The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023. For petitions for which the Speaker’s notice is given on or after 31 January 2024 with the signing period beginning on or before 1 May 2024, the new form of official petition notice for an elector or proxy in Schedule 10 The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 should be used with the amended wording in paragraph 37(6) of Schedule 2 ↩ Back to content at footnote 2
- 3. Regulation 1 (3), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 18(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 6(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
Publishing the 10% threshold
No later than the third working day after receiving the Speaker’s notice, you must give public notice of:
- the number of people entitled to sign the petition
- the number of people who would need to sign the petition for it to be successful1
You must post the notice in a conspicuous place or places within the constituency and in any other such manner as you see fit.2 You should ensure that notice is given in a way that is easily accessible to voters, such as through the local authority website.
You must republish this information on the first day of the signing period, incorporating any additions or deletions given effect to by a notice of alteration.
More information about alterations which have effect on or by the cut-off date, and alterations due to court orders and clerical errors, is given in compiling the petition register and publishing the petition register.
- 1. Regulation 8, Recall of MPS Act 2015 (Recall Petition ) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 147, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
Publishing the petition register
You must publish the petition register three working days before the start of the six week signing period.1 This is the cut-off day for including alterations to the register which take effect for the petition, as notified to you by the ERO.
Further alterations to the register due to a court order or to correct a clerical error may then be made before the end of the signing period, as given on the notice of petition. You must publish a notice detailing any such alterations to the register.2
You must supply the petition register and any notices of alteration free of charge on request to:3
- a registered party (except minor parties)
- the MP to whom the petition relates
- the Electoral Commission
- security services and the police
- an accredited campaigner
The usual restrictions on the use of the electoral register apply. Our guidance for EROs in England, Wales and Scotland has further information on the use of the electoral register.
- 1. Regulation 7, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Section 13BC(6) Representation of the People Act (RPA) 1983 (inserted by Schedule 2, Recall of MPs Act 2015) ↩ Back to content at footnote 2
- 3. Paragraph 3, Schedule 1, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
Administering the petition
This section provides guidance on the delivery of the petition. In practice many of the arrangements you need to make to administer the petition will be similar to those for delivering an election.
This section includes information about setting up signing places, the daily verification of signing totals and closing the petition.
Once a recall petition is opened, you must make it available for signing for 6 weeks from the designated start of the signing period.1
A recall petition can be signed in person at any of the designated signing places, or by post or by proxy.2
You will need to make arrangements for the signing places to be set up, equipped and staffed, as well as for people to sign the petition by post or proxy.
- 1. Section 9(2) Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Section 11, Recall of MPs Act 2015 ↩ Back to content at footnote 2
Producing signing sheets
The signing sheets are the equivalent of ballot papers at elections and referendums. The form of the signing sheet is prescribed and you must follow this precisely.1
The signing sheets must be printed in accordance with the directions for printing, and you will need to follow similar quality assurance and contract management processes as you would when arranging the printing of ballot papers at an election.
Signing sheets for postal signers and for use at signing places must be the same in form, although the official mark may be different if desired.2
Signing sheet colour |
The colour of the signing sheet is not prescribed, but tendered signing sheets are required to be a different colour from the ordinary signing sheets.3 |
---|---|
The ‘official mark’ |
An appropriate security mark, the ‘official mark’, is required by law to be added to the signing sheet.4 |
Signing sheet numbers and the unique identifying mark |
Every signing sheet should have an individual number (similar to a ballot paper number) and another unique identifying mark printed on the back.5 |
Unlike other documents and notices relating to the petition, the signing sheet may not be produced in other languages or formats.6
You will need to put security arrangements in place to prevent unauthorised access to or use of the signing sheets during the production process and storage.
- 1. Regulation 10(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 12(3), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 30(9)(a), Recall of MPs Act 2016 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 12, Recall of MPs Act 2016 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 10(2)(c), Recall of MPs Act 2016 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Regulation 146(4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 6
Allocation of signing sheets
You must provide each signing place with as many signing sheets as, in your opinion, may be necessary.1
When allocating signing sheets to signing places, ensure that the numbers on the sheets allocated to each signing place run consecutively in order to avoid any problems with completing the corresponding number list or daily signing sheet accounts.
Tendered signing sheets
Tendered signing sheets must also be supplied.2 You should make it clear to petition clerks that these should only be issued in prescribed circumstances. The limited circumstances under which tendered signing sheets are the same as those for issuing tendered ballot papers at an election. Appendix 5b of the polling station handbook sets out the circumstances in which tendered ballot papers should be issued.
Tendered signing sheets must be a different colour. Completed tendered signing sheets must not be put in the ballot box. The petition clerk must endorse a tendered signing sheet with the name of the person signing the petition and that person’s number in the register and set it aside in a separate packet.
- 1. Regulation 19(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 30, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
Signing place arrangements
You will need to employ and train petition clerks and assistants, and provide written instructions on the procedures to follow on each signing day, including:
- sealing ballot boxes
- controlling admission to the signing place
- the signing procedure
- checking photographic ID
- issuing ordinary and tendered signing sheets, and managing spoilt signing sheets
- asking the prescribed questions
- dealing with clerical errors
- completing the signing refusal list
- adjournment of the petition in case of riot
The only people who can attend the signing places are you (as Petition Officer), people wishing to sign the petition, children accompanying them, petition clerks, appointed assistants, police constables on duty and any representatives of the Electoral Commission.1 There is no provision for the MP or their representatives to attend.
- 1. Regulation 22, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
Setting up signing places
You should take all necessary steps to ensure that signing places are laid out with the elector in mind. You can draw on your experience and previous plans for laying out polling stations, to ensure that equipment is laid out and notices are displayed appropriately. You can also refer to the polling station handbook for guidance on the layout of the signing station. Electors, including disabled electors, should be able to move through the signing process easily.
You will also need to identify a suitable place within the signing place where equipment and materials can be securely held when they are not in use.1
- 1. Regulation 20, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
The signing process
The process for issuing signing sheets is similar to the process for issuing ballot papers, including the checking of electors’ photographic ID. Our quick guide to the signing process will support manage this process.
Our polling station handbook for UK Parliamentary elections contains further information about dealing with queries from electors and others. This can also be used to support the management of queries during the signing process.
Signing place equipment and materials
You must provide signing places with certain materials:1
- Ballot box(es)
- Signing sheets (including tendered signing sheets)
- Materials to enable electors to mark their signing sheets
- Relevant part of the register
- Absent voters’ lists – postal voters, proxy voters and postal proxies lists
- Form to record the details of electors who have been issued signing sheets after the correction of a clerical error2 (which may be appended to the register)
- Corresponding number list3
- Large-print version of the signing sheet for display inside the signing place
- A signing sheet refusal list4
- Daily signing sheet accounts5 and a final signing sheet account6
- Tendered signing list7
- List of persons with disabilities assisted by the petition clerk8
- Guidance for persons signing the petition notice (for display inside the signing place)
- Large notice showing the accepted forms of photographic ID to be produced when applying for a signing sheet and a statement that further proof of identity may be required to resolve any discrepancy between the signer’s name on the electoral register and the name on the identification used (for display inside the signing place)
- Packets, with seals, in which to place the items to be secured / returned to you, at the daily verification procedure and the end of the signing period, including any postal signing sheets handed in at the signing place
- Any additional equipment you have determined necessary to make the signing process easier and more accessible for disabled voters
You are not required to provide polling booths or compartments, but you may wish to do so.
In addition, you should provide:
- privacy screens, where a separate room is not available for checking photographic ID in private. The Petition Officer should assess any risk and keep the safety of staff in mind when designating these separate areas
- mirrors, so that voters who remove their face coverings for identification purposes can ensure their face covering is in place correctly before leaving the private area
- forms for capturing information about provision of photographic ID, such as the Voter ID Evaluation Form (VIDEF)
- a copy of the requirements as to secrecy9
- envelopes, with seals, in which to place any signing sheets that have been issued but have not been placed in the ballot box
- form or list to record persons named in the postal signers’ lists, but who claim not to have made an application to sign the petition by post
- notepaper for use by petition clerks and assistants
- stationery items as required, e.g. paper clips, drawing pins, adhesive tack, adhesive tape
- plastic sacks for returning stationery and equipment to the verification venue
- envelopes for making up assorted packets
As at elections, you should check that all equipment is fit for purpose and that you have a sufficient quantity. You should ensure that any additional equipment you have identified to make the signing place accessible is delivered and set up in good time. Our guidance on providing equipment that makes voting easier for disabled voters provides further information to support your planning.
Where a signing place has an induction loop installed, it should be used wherever possible to support the accessibility of the process to voters with hearing loss. Staff should be trained on how to use these.
The number of electors allocated to a signing place will be different to that of an election. As such, you will be required to provide a greater volume of documentation and stationery for each signing place.
You will also need to ensure that documentation is stored in a sufficiently robust manner to enable it to be useable for the duration of the petition. For example, you could keep the signing place registers in lever arch files which are stored securely at the end of each day.
Signing place log
You should prepare a signing place log for petition clerks to use to record any problems or anomalies. This could include matters such as:
- people seen leaving the signing place with a signing sheet, which may cause issues with the signing sheet account
- details about instances where they have asked the prescribed questions
- comprehensive details about suspected fraud such as personation
- 1. Regulation 19, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 35, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 11(1)(a), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 19(3A) Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 33, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Regulation 37(3), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 6
- 7. Regulation 30(10), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 7
- 8. Regulation 29(4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 8
- 9. Regulations 21 and 123, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 9
Signing place notices
You are required to produce the ‘Guidance for signing the petition’ notice. Its contents and how it needs to be displayed are prescribed in legislation. It must be printed in conspicuous characters and exhibited inside every petition signing place.1
You must also provide a notice showing the accepted forms of photographic ID to be produced when applying for a signing sheet and a statement that further proof of identity may be required to resolve any discrepancy between the voter's name on the register and the name on the identification used (for display inside the polling station).2
You must, where you consider it appropriate to do so, ensure that notices are translated or provided in another format. You may produce them:
- in Braille
- in languages other than English
- using graphical representations
- in audio format
- using any other means of making information accessible3
- 1. Regulation 19(5), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 19(5A), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 146, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
Registers and absent signing lists
You must provide each petition clerk with the appropriate part of the register for their signing place and appropriate absent signing lists.1
Petition clerks and assistants should have been trained on the various franchise markers that will appear on the register – electors who can vote in a parliamentary election are entitled to sign the petition.
You should ensure that all printed registers are checked to ensure that they are complete, reflect any recent additions or deletions to the register, and that the appropriate franchise markers are in place.
You should put procedures in place to deal with any necessary amendments to the registers and proxy lists after they have been printed resulting from alterations as a result of correcting clerical errors or court decisions and the granting of emergency proxy applications. You should also have a method in place for communicating the relevant information to petition clerks, including the process to follow, covering how they should record the names and elector numbers of anyone issued a signing sheet following a late alteration to the register.
- 1. Regulation 19(3), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
Corresponding number lists
You must provide a corresponding number list for each signing place.
The list must be in the form set out in the regulations and contain the signing sheet numbers and a column to add the elector numbers of people to whom a signing sheet is issued.1
- 1. Regulation 11(1)(a), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 and Schedule 2 ↩ Back to content at footnote 1
Signing sheet refusal list
You must provide each signing place with a document that captures information relating to the voter identification requirements.
The signing sheet refusal list is used throughout the signing period to capture and record the number of signing papers refused on the grounds:
- The photographic ID was not a good likeness
- The petition clerk believed the photographic ID was a forgery
- The elector failed to answer the prescribed questions satisfactorily
The signing sheet refusal list needs to be updated if an elector later returns with an acceptable form of photographic ID.
The Petition Officer should also use the Voter Identification Evaluation Form (VIDEF) in the signing stations to support the collection of accurate data relating to voter ID.
Packets for postal signing sheets delivered to the signing place
Those who have applied to sign the petition by post may return their postal signing sheet by hand to any signing place before the end of the signing period.1
You should provide staff at signing places with packets and seals for any such received postal signing sheets and put arrangements in place for their delivery to you, or for their collection from the signing place at the close of the petition.2
You should also put measures in place for the delivery or collection of received postal signing sheets on a regular basis throughout the signing period, in order to facilitate regular opening and checking sessions.
You should ensure that processes are in place to maintain clear records and an audit trail and ensure the security of postal signing packs at all stages during their storage and transit.
- 1. Regulation 39(3) a), and regulation 99 Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 99(2)– (4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
Daily verification of and storage of signing sheets
At the end of each day during the six week signing period1 for which the petition is open, the ballot box for each signing place must be opened and the contents counted.2
You must put arrangements in place for the daily verification, which can be done either:
- by the Petition Clerk at the signing place, as directed by you, or
- by you, following the transportation of the ballot box and other materials to a central venue
The only people who can attend the verification are you, petition clerks, appointed assistants and any representatives of the Electoral Commission.3 There is no provision for the MP or their representatives to attend.
The verification involves breaking the seal of the ballot box, emptying its contents and counting the number of signing sheets it contains. A daily signing sheet account must be completed, detailing the number of signing sheets issued, the number not issued, and the number of any spoilt and tendered sheets.
If you have directed that the daily verification takes place by the Petition Clerk at the signing place, you must ensure that another person appointed by you is present during the procedure. If an appointed person becomes unavailable, the ballot box and signing sheet accounts must be transported to you for the process to be undertaken centrally.
If the Petition Clerk identifies any discrepancies between the number of signing sheets in the ballot box and the number issued, they must report the discrepancy to you immediately.4
You will need to provide instructions to your petition clerks about the secure storage and/ or the transportation of materials used during the signing period.5
Where the ballot box and other materials are delivered to you to undertake the verification, you must keep the verified signing sheets securely until the end of the signing period.
If the signing sheets are delivered to you at the end of each day, you must make up and seal separate packets of the following:
- the verified signing sheets
- the spoilt signing sheets
- the tendered signing sheets
You must ensure that the completed daily signing sheet account and other materials are returned to the signing place so that the petition can be signed the following day.6
- 1. Section 9, Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Regulation 33(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 33(8), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 34, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 33(5), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Regulation 33(6) and (7), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 6
Close of petition
The end of the signing period and the closing time for signing stations is determined by you and must be set out on the notice of petition.
People who, at the end of the signing period, are in their allotted signing place, or in a queue outside their signing place, for the purpose of signing the petition, may apply for a signing sheet.1 You will need to be prepared to deal with any queues should they arise.
The process for the closing the petition at the end of the signing period is similar to the close of polls at an election, and guidance in the polling station handbook can support staff with managing this process in practice.
As soon as reasonably practicable, the petition clerk must, in the presence of another person appointed by you, make up and seal separate packets of the following documents:
- Signing sheets delivered during the signing place and retrieved from the ballot box as part of the daily verification
- Unused and spoilt signing sheets, placed together
- Tendered signing sheets
- Marked copies of the register & proxy lists
- Corresponding numbers list
- Signing sheet refusal list
- Certificates of employment
The petition clerk must also record the number of signing sheets issued for that signing place including:
- How many signing sheets were issued and signed
- How many signing sheets were spoilt
- How many tendered signing sheets were issued.
The petition clerk must deliver (or make sure they are delivered by an approved person) to you:
- The sealed packets
- The daily signing sheet accounts
- The final signing sheet account
You should provide your petition clerks with instructions on the processes to follow at the close of the petition, which should cover how to make up and seal the packets of documents, and how to complete the final signing sheet account.2
You should also make up packets where documents have been delivered to you as part of a central daily verification.
Further information about the storage and disposal of petition documents is given in Storage and disposal of documents.
- 1. Regulation 27(6), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 37, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
Early termination of a recall petition
The six week petition period will be terminated early if:
- Parliament is dissolved prior to a UK Parliamentary election,1 or
- the MP’s seat is made vacant for any other reason (such as resignation), or
- the MP’s conviction, sentence of imprisonment or detention order is overturned
The Speaker will notify the Petition Officer of the early termination of the Petition.
As soon as reasonably practicable after receiving such a notice the Petition Officer must:
- take such steps considered necessary to terminate the petition signing process
- if the Speaker’s notice is received after the postal signing sheets have been issued, not continue with the opening of the covering envelopes and treat the unopened covering envelopes as if they were counted signing sheets2
- give public notice of the termination of the petition process3
The Petition Officer’s public notice of early termination must include:4
- the name and constituency of the MP to whom the petition related
- the recall condition which was met in relation to that MP
- the beginning and end dates of the signing period for that petition
- the termination condition that has been met
The PO in England and Wales must forward the relevant documents to the ERO. In Scotland, the PO must retain the documents.
- 1. Section 13 Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Regulation 113 Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 141 Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 141 (2) Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
Absent signing arrangements
This section explains entitlement to, and the deadlines for, applying to sign a petition by post or proxy. Although the granting of absent signing arrangements is the responsibility of the ERO(s), you will need to liaise with them to obtain the relevant data, and you will need to be able to communicate the deadlines to the public.
This section also covers the arrangements you will need to put in place for the issuing and opening of postal signing packs.
You will need employ and train assistants, and provide written instructions on the procedures to follow for the issuing and opening of postal signing packs.
Entitlement to absent signing
Once the signing period is confirmed, the ERO will need to ensure that their electoral management software is set up so that those eligible to sign by post are captured.
Existing absent voters
People are entitled to sign the petition by post or proxy if:1
- they are registered as a parliamentary elector and will be 18 or over by the end of the signing period, and
- they are already included on an absent vote list or list of proxies as a result of an application for a definite or indefinite period which was granted before the cut-off day (i.e. three working days before the start of the signing period)
If a person has a postal vote for a definite period and that period expires during the signing period, it will be deemed to continue until the end of the signing period (unless the person cancels it before 5pm on the eleventh working day before the last day of the signing period).2
If a person has a proxy vote for a definite period and that period expires during the signing period, their entitlement to a proxy vote ends on the expiry of the definite period.3
New applications to sign a petition by post
People can apply to the ERO to sign any petition by post, either for an indefinite period, or for a particular period, or to sign a particular petition by post if:4
- they are, or will be, registered as a parliamentary elector and will be 18 or over by the end of the signing period, and
- they have not already signed the petition at a signing place, and
- their application contains their signature and date of birth, along with other prescribed information
There is no requirement for the applicant to provide a reason why they want to sign a petition by post.
More information is available in our guidance on postal vote applications for EROs in England, Scotland and Wales.
New applications to sign a petition by proxy
People can apply to the ERO to sign any petition by proxy, either for an indefinite period, or for a particular period, or to sign a particular petition by proxy if:5
- they are, or will be, registered as a parliamentary elector and will be 18 or over by the end of the signing period, and
- they have not already signed the petition at a signing place, and
- their application contains their signature and date of birth, along with other prescribed information, and
- they are eligible to sign a petition by proxy as per the regulations6
Applications for a proxy for an indefinite or for a particular period require a specific reason.7
More information is available in our guidance on proxy vote applications for EROs in England, Scotland and Wales.
Emergency proxies
Electors can apply to the ERO for an emergency proxy for similar reasons as at an election.8
More information is available in our guidance on emergency proxies for EROs in England, Scotland and Wales.
Deadlines for applications
The deadline for making changes (including cancellations) to existing absent signing arrangements (i.e. postal, proxy and postal proxy) is 5pm, 11 working days before the last day of the signing period.9 If however, a postal signer has already returned their postal signing sheet, they cannot make changes after that time, even if this is before 5pm, 11 working days before the last day of the signing period.10
The deadline for new postal and postal proxy applications is also 5pm, 11 working days before the end of the signing period.11
The deadline for new proxy applications (not postal proxy), excluding emergency proxy applications, is 5pm, six working days before the end of the signing period.12
The deadline for an emergency proxy is 5pm on the last day of signing or, if the petition is due to close earlier, the deadline is the beginning of the final hour that the petition is available for signing on that day.13
- 1. Regulation 50, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 50(4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 50(5), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 51(1) and 53(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 51(2) and (3), and 53(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Schedule 4 Representation of the People Act 2000 ↩ Back to content at footnote 6
- 7. Regulations 64 and 66, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 7
- 8. Regulation 71(4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 8
- 9. Regulation 71(1) and (6), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 9
- 10. Regulation 71(7), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 10
- 11. Regulation 71(1) and (5), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 11
- 12. Regulation 71(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 12
- 13. Regulation 71(4) of Recall of MPs Act 2015 (Recall Petition) Regulations 2016 amended by Regulation 89(5)(a) of The Voter Identification Regulations 2022 ↩ Back to content at footnote 13
Issuing postal signing packs
You will need to put arrangements in place for the printing and issuing of postal signing packs in accordance with the regulations and in a similar way as you would for postal votes at an election.
The postal signing packs must include:
- a postal signing sheet
- a postal petition statement1
- an outgoing envelope2
- an envelope marked ‘A’ for the completed signing sheet
- an envelope marked ‘B’ – the covering envelope for the return of the completed postal petition statement and envelope 'A’.3
You may also provide additional information, for example, translations in Braille, in other languages or graphical instructions.4
You will need to dispatch your postal signing data to your printers and follow similar quality assurance and contract management processes as you would when arranging the printing of postal votes at an election.
You will need to ensure that any additions to the postal signers list after the initial submission of data to your printers are included on a subsequent print run.
Petition notices must be delivered to electors by post (and not by hand), and outgoing postage must be prepaid.5
Return postage must also be prepaid on all covering envelopes where the address provided by the postal signer for the receipt of the signing sheet is within the United Kingdom.6
You must ensure that the return of the postal signing sheet and postal petition statement is free of charge to the postal signer.7 For postal signing sheets sent to overseas addresses, you could arrange with Royal Mail for an international business response licence to be used on all return envelopes included in postal signing packs which are sent to overseas addresses.
An anonymous elector’s petition notice must be sent in a covering envelope that does not disclose that the person is registered anonymously.8
As at elections, you must use a prescribed corresponding number list when issuing postal packs.9
When to issue postal signing packs
Postal signing packs must be issued at the following times, and must be issued as soon as reasonably practicable:10
- between one and three working days before the start of the petition signing period
- on the 10th and 20th working day after the start of the signing period
- by the eighth working day before the last day of the signing period
The ERO(s) for your constituency must supply you, as soon as practicable after 5pm on the sixth day before the last day of the signing period, with the absent signers lists.11 If you are not also the ERO, you must liaise with them to obtain the postal signers lists to enable you to issue the postal signing packs within the set timings above. You should put arrangements in place to obtain and utilise updated absent signing data so that you can carry out subsequent issues.
Reissuing spoilt and lost signing packs
You must follow the procedure for reissuing spoilt and lost signing packs in accordance with the regulations and as you would for postal votes at an election.
Spoilt signing packs
If a person spoils their postal signing sheet or the postal petition statement, they can obtain a replacement pack up until five hours before the end of the signing period.12
Before a replacement can be issued the spoilt postal signing sheet or spoilt postal petition statement, along with the remaining stationery, must be returned to you.13
If the request for a replacement pack is made after 5pm on the day before the last day of the signing period, the replacement pack may only be issued if the spoilt documents are returned by hand. In such cases, the issue of a replacement can also only be made by hand.
Lost / not received signing packs
If a person claims to have lost or not to have received their postal signing sheet or the postal petition statement, or their envelopes ‘A’ and/or ‘B’, it is possible for a replacement pack to be issued from four working days before the last day of the signing period.14
If some parts of the postal signing pack have not been lost or not received, the person must return the documents that they do have, so that you can cancel them.15
If the request for a replacement pack is made after 5pm on the day before the last day of the signing period, the replacement pack may only be issued if the person applies in person. In such cases, the issue of a replacement can also only be made by hand.
You must reissue a postal signing pack if you are satisfied as to the postal signer’s identity and have no reason to doubt that they have lost or did not receive their original pack.
Cancelling postal signing packs
During the six week signing period, there may be circumstances where a person you have already sent a postal signing sheet to subsequently applies to the ERO to cancel or change their absent signing arrangements, before the deadline for changes to be able to take effect at the petition. In that case, the ERO will notify you and you must immediately cancel any postal signing sheet that has been issued to such a person, and add the details to the cancelled signing sheet list.16
- 1. Regulation 83, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 91, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 85(1)(a), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 85(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 93(1) – (3), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Regulation 93(4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 6
- 7. Regulation 85(3), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 7
- 8. Regulation 6, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 8
- 9. Regulation 11(1)(b), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 9
- 10. Regulation 86, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 10
- 11. Regulation 55(5) and 80(3)(b), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 11
- 12. Regulation 94(3), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 12
- 13. Regulation 94(1) and (2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 13
- 14. Regulation 96(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 14
- 15. Regulation 96(3)(4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 15
- 16. Regulation 98, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 16
Opening postal signing packs
You will need to put arrangements in place for the opening of postal signing packs and the verification of personal identifiers, in accordance with the regulations and in a similar way as you would for postal votes at an election.
Receipt of postal signing packs
Postal signing packs can be returned to you as Petition Officer by hand or by post, or by hand to any signing place in the constituency.1
You will need to liaise with Royal Mail about the return of postal packs during the signing period and confirm any arrangements for a final sweep on the last day for signing.
For a postal signing pack to have been duly returned, it must have been received by you before the end of the signing period.2 The end of the signing period will be as set out in your notice of petition.
The Department for Levelling Up, Housing and Communities Guidance for Petition Officers, clarifies that the closing time for signing places will determine the deadline for the receipt of postal signing packs at each signing place.
A person must still be permitted to return a postal signing pack if, at the closing time for their signing place, they are in a queue for the purpose of delivering a postal signing pack.
Opening and checking sessions
As part of your planning for the petition you will need to identify the number of postal signing sheet opening sessions that you think you will require and when these should be held, and make arrangements for these as necessary.
The only people who can attend the opening sessions are you, petition clerks, appointed assistants and any representatives of the Electoral Commission.3 There is no provision for the MP or their representatives to attend.
The requirements for postal boxes and receptacles are similar to those at an election, as are as the processes for opening the covering envelopes, marking the absent signers list, dealing with provisional rejections, checking the personal identifiers, retrieving cancelled signing sheets, etc.4 More information can be found in our absent vote guidance for AROs.
Final opening session
You should keep to a minimum the number of postal signing sheets that still have to be opened during the count in order to avoid any potential delay to the count process.
At the final session you should finalise the lists of incomplete postal signing packs returned.
Following the completion of the final opening of postal votes, you are required to securely seal various receptacles and documents, and forward / retain them. More details can be found in the Storage and disposal of documents 5 section.
Postal petition statement rejection notices
It is the ERO’s responsibility to send postal petition statement rejection notices within three months of the last day for signing the petition.
- 1. Regulation 99(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 39(3)(b), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 100, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulations (100) – (112), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 115, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
Counting of signatures
Arrangements for the count
You must take reasonable steps to begin counting the signatures as soon as practicable after the end of the signing period, and no later than one day after the end of that period.1
The only people who can attend the counting of the signatures are you, appointed assistants, any representatives of the Electoral Commission or accredited observers, and any other person permitted by you.2 You must consider the secrecy requirements for the results calculation3 and the transparency of the process when deciding whether you will permit additional attendees to the count.
There is no provision for the MP or their representatives to attend.
- 1. Regulation 39(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 38, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 123, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
The count process
The count process is relatively straightforward as there is no need for any sorting. You must:1
- count and record the number of signing sheets received via the daily verification process and at the close of the petition
- verify the final signing sheet account for each petition signing place, and
- count and record the returned postal signing sheets
Throughout the count process, the signing sheets must be kept face up.2
You will need to provide instructions to staff on your count processes, including how to count and bundle the signing sheets, and record numbers of counted signing sheets.
You must draw up a statement as to the result of the verification.3
Rejected signing sheets
Doubtful signing sheets should be included in the verification figure but set aside for adjudication.
You must reject a signing sheet that:4
- does not bear the official mark
- is unmarked or void for uncertainty
However, the legislation states that a signing sheet on which the signature is marked in the following ways must not be rejected if the intention to sign the petition is clear:5
- elsewhere than in the proper place
- otherwise than by means of a signature
- by more than one mark
You must draw up a statement showing the number of signing sheets rejected for each category.6
The decision of the PO on any question arising during adjudication of the signing sheets is final, subject to review on a recall petition complaint.7 The recall competition complaint process is the equivalent of an election petition.
- 1. Regulation 39(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 39(8), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 39(9), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 40(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 40(2), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Regulation 40(4), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 6
- 7. Regulation 41, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 7
Determining the outcome of the petition
As soon as reasonably practicable you must:
- determine whether the recall petition is successful or unsuccessful
- notify the Speaker of the outcome of petition, and
- once the Speaker has acknowledged the receipt of the result, give public notice of the outcome1
If at least 10% of the eligible registered electorate in the constituency sign the petition, the petition will be successful.2 The seat will then be declared vacant and a by-election will follow.
Notifying the speaker
There is no prescribed format for notifying the Speaker of the petition outcome.
However, you should ensure that you agree how you will notify them in advance, so that there is no delay to giving public notice of the outcome. The Department for Levelling Up, Housing and Communities have issued Guidance for Petition Officers on this matter.
Notice of outcome
The public notice of the outcome of the petition must include:3
- the name and constituency of the MP who was subject to the petition process
- details about the recall condition which was met
- the start and end dates of the signing period
- whether or not the petition was successful
- the number of eligible registered electors
- the number and percentage of eligible registered electors who validly signed the petition
- the number of rejected signing sheets under each heading shown in the statement of rejected signing sheets
- 1. Section 14(2), Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Section 14(3), Recall of MPs Act 2015 ↩ Back to content at footnote 2
- 3. Regulation 42, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
After the recall petition
This section covers some of the activity which will need to take place following the petition, including the storage and disposal of documents, completing the postal signing statement, accounting for the petition, receiving candidate spending returns and the process for any challenge to the outcome of the petition.
Storage and disposal of documents
At the end of the counting of signatures, you must seal up the packets of counted and rejected signing sheets.1
In England and Wales, these will be included in the range of documents which you must forward to the relevant ERO(s) to retain for one year.2 In Scotland, the PO must retain these documents for one year.3 After one year, the documents must be securely destroyed.
From the signing places:4
- the packet containing:
- the tendered signing lists
- the list of persons with disabilities assisted by the petition clerk
- the list of alterations to the register
- marked copies of the register of electors, the marked list of proxies and any marked copy notices issued as a result of the correction of a clerical error or a decision on an appeal to the relevant court
- the packets containing the completed corresponding number lists
- the packets containing the signing sheet refusal lists
- the packets containing certificates of employment on duty issued during the signing period
From the postal signing issues and openings:5
- marked copies of the postal signers’ list and proxy postal signers’ list
- the packets containing the completed corresponding number lists
- the packets of postal signing statements accepted as valid
- the packets of rejected postal signing sheets
- the packets of rejected postal signing sheet envelopes
- the lists of cancelled, lost and spoilt postal signing sheets
- the packet of spoilt postal signing sheets and accompanying documents
- the packet of lost postal signing sheets containing any part of the postal pack that was not lost and which was returned to you before you issued a replacement
- the packet of postal signing sheets, statements and envelopes that have been cancelled
- the packets of unused postal signing sheets
- unopened postal ballot packs received after the end of the signing period or returned as undelivered (these can be forwarded at a subsequent date)
In England and Wales, you must also forward to the ERO(s) in your area, and in Scotland, you should also forward to the relevant ERO(s) in your area (to support their statutory duties):
- the statement as to postal signing sheets,
- the relevant parts of the list of postal signing statements that have failed the identifier checks
You should also forward at the same time your record of any instances where you suspect an offence may have been committed, so that the ERO(s) know in which cases they should not send out a signing sheet statement identifier rejection notice.
From the count:6
- all signing sheets separately stored as:
- counted signing sheets
- rejected signing sheets
- unused signing sheets (both ordinary and tendered) and spoilt signing sheets (placed together)
- used tendered signing sheets
- daily signing sheet accounts, the final signing sheet accounts, the result of the verification of the signing sheet accounts, and the statement of rejected signing sheets
Marked register and absent signers lists – inspection and supply
The Police, the National Crime Agency, any body of constables established under an Act of Parliament and the Electoral Commission are the only organisations entitled to copies of the marked register and lists.7 The usual fees apply.8
Any person can ask to inspect the marked register or lists, if they allege suspected fraud.9
The request must be made in writing to the ERO in England and Wales or the PO in Scotland and must contain any details of any suspected fraud that they believe have taken place. The ERO in England and Wales or the PO in Scotland is only required to make the documents available if they are satisfied that fraud may have taken place.10
Other documents - inspection and supply
Other documents relating to the petition are available for public inspection under certain conditions. This does not include signing sheets, completed corresponding number lists, certificates of employment and the lists of rejected postal signing sheets.11
Where you have instructed petition clerks to use the VIDEF at signing places, you should follow the Commission’s guidance on the collation and storage of this information.
Any document which is open to public inspection may be supplied free of charge to security organisations.12
- 1. Regulation 43, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 46, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 47, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
- 4. Regulation 44(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 4
- 5. Regulation 114, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 5
- 6. Regulation 44(1), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 6
- 7. Paragraph 2, Schedule 3, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 7
- 8. Paragraph 6, Schedule 3, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 8
- 9. Paragraph 3(2)(c), Schedule 3, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 9
- 10. Paragraph 3(4), Schedule 3, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 10
- 11. Paragraph 3, Schedule 3, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 11
- 12. Paragraph 3(8), Schedule 3, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 12
Statement as to postal signing sheets
You must complete an accurate statement as to postal signing sheets. The statement must be made in the form of ‘Form L’, which is prescribed.1
As well as forwarding this to the relevant officer as detailed in Storage and retention of documents, you must provide a copy of the statement to the Commission and the Minister.2
The statement must be provided no earlier than 10 working days after the end of the signing period and must arrive no later than 25 calendar days after the end of the signing period.3 If either of these dates is not a working day, the time is extended to the next working day.
- 1. Regulation 114(1)(b), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Regulation 114(6), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Regulation 114(6), Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3
Accounting for the recall petition
You will need to pay your staff and creditors.
Recall petitions are funded by the UK Government and claims for fees and charges are administered through the Elections Claims Unit, which is part of the Department for Levelling Up, Housing and Communities.
The maximum recoverable amounts are set out in the Recall Petition (Petition Officers' Charges) Regulations 2016.
Petition spending returns
All accredited campaigners must submit a spending return to you,1 together with relevant invoices and receipts, within 30 calendar days of the end of the recall petition period.2
The return must be accompanied by a declaration by the responsible person.3
In order to maintain a clear audit trail, you should ensure that any documentation relating to petition spending returns, including the declaration, are date-stamped on receipt.
Spending returns must be kept for two years and be made available for public inspection.
You must send copies of petition spending returns, declarations and accompanying documents to the Electoral Commission as soon as reasonably practicable after their receipt.4
- 1. Paragraph 1, Schedule 5, Recall of MPs Act 2015 ↩ Back to content at footnote 1
- 2. Paragraph 6, Schedule 5, Recall of MPs Act 2015 ↩ Back to content at footnote 2
- 3. Paragraph 1(2)(c), Schedule 5, Recall of MPs Act 2015 ↩ Back to content at footnote 3
- 4. Paragraph 8, Schedule 5, Recall of MPs Act 2015 ↩ Back to content at footnote 4
Challenges to the outcome of a recall petition
A recall petition complaint can be used to challenge the outcome of a petition.
A recall petition complaint can be presented by:1
- A person who signed the petition or was entitled to do so, or
- The MP in relation to whom the petition was held
The only ground for a complaint is that there was an undue outcome to the petition.2
The respondent to a complaint can be the Petition Officer or the MP who was subject to the petition.
A recall petition complaint must normally be presented within 21 days after the day on which public notice of the outcome of the petition was given.3
Any person who is considering presenting a recall petition complaint should be advised to take their own legal advice.
- 1. Paragraph 4, Part 1, Schedule 4, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 1
- 2. Paragraph 3, Part 1, Schedule 4, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 2
- 3. Paragraph 5, Part 1, Schedule 4, Recall of MPs Act 2015 (Recall Petition) Regulations 2016 ↩ Back to content at footnote 3