Statutory Instruments
REPRESENTATION OF THE PEOPLE
Laid before Parliament in draft
Made
20th April 1983
Coming into Operation
20th April 1983
At the Court at Windsor Castle, the 20th day of April 1983
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before Parliament for forty days (computed in accordance with section 7(1) of the Statutory Instruments Act 1946) and neither House of Parliament has resolved that the instrument be not submitted to Her Majesty:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by rule 3 of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
1.-(1) This Order may be cited as the Parliamentary Writs Order 1983 and shall come into operation forthwith.
(2) This Order shall not extend to Northern Ireland.
2. In this Order-
"appropriate official" means
"elections rules" means
"parliamentary writs list" means
"writ" means
3.-(1) A notice given under sub-paragraph (a) of rule 4(1) of the elections rules (by which the returning officer for a constituency in England and Wales requests that the writ shall be conveyed to the acting returning officer) shall be in the form set out in paragraph 1 of the Schedule to this Order (or a form to the like effect).
(2) A notice revoking the notice prescribed by paragraph (1) above shall be in the form set out in paragraph 2 of the Schedule to this Order (or a form to the like effect).
4. A returning officer shall forthwith copy any notice he has given under sub-paragraph (a) of rule 4(1) of the elections rules to the appropriate acting returning officer in order that the acting returning officer may comply with Article 5(2) below.
5.-(1) Every returning officer for a constituency shall-
(a)if requested by the Post Office so to do, or
(b)on the revocation of any notice given under sub-paragraph (a) of rule 4(1) of the elections rules
provide to the Post Office an address at which the writ may be conveyed to him and, on any change of that address, he shall as soon as possible provide to the Post Office a new address for that purpose.
(2) Every acting returning officer for a constituency in England and Wales to whom the writ is to be delivered by virtue of a notice given under sub-paragraph (a) of rule 4(1) of the elections rules shall-
(a)on being informed that such a notice has been given, or
(b)if requested by the Post Office so to do,
provide to the Post Office an address at which the writ may be conveyed to him and, on any change of that address, he shall as soon as possible provide to the Post Office a new address for that purpose.
6.
(a)by the title of his office, each returning officer in respect of whom a notice under sub-paragraph (a) of rule 4(1) of the elections rules is not in force, together with, as the address of the office of that officer, the address provided under Article 5(1) above, and
(b)by the title of his office, each acting returning officer in respect of whom a notice under sub-paragraph (a) of rule 4(1) of the elections rules is in force, together with, as the address of the office of the officer, the address provided under Article 5(2) above.
7.-(1) The Post Office shall, in respect of each returning officer or acting returning officer set out in the parliamentary writs list, appoint a postal official as the person responsible for securing the delivery of any writ required under rules 3 and 4 of the elections rules to be conveyed to that officer.
(2) The designation and address of the officer appointed under paragraph (1) above shall be entered in the parliamentary writs list together with a reference to the officer to whom he is required to secure the delivery of any writ.
8. The Post Office shall, as soon as practicable after-
(a)a new parliamentary writs list has been prepared, or
(b)alterations have been made to a parliamentary writs list,
send a copy of the list or, as the case may be, the alterations to the Clerk of the Crown.
9. Writs for parliamentary elections shall be conveyed by sending them through the post in accordance with Articles 10 and 11 below.
10.-(1)
(2) The package referred to in paragraph (1) above shall contain, in addition to the writ-
(a)instructions from the Post Office to the appropriate official as to the delivery of the writ; and
(b)a form of receipt for the writ to be signed by the person to whom it is delivered.
11.-(1) The appropriate official shall forthwith on receipt of the package referred to in Article 10 above convey the writ, or cause it to be conveyed, to the returning officer or, as the case may be, acting returning officer to whom it is addressed: but delivery of the writ to a person found in and for the time being in charge of the place which is recorded in the parliamentary writs list as being the office of the returning officer or, as the case may be, acting returning officer, shall be as good as delivery to that officer.
(2) The person to whom the writ is delivered in accordance with paragraph (1) above shall sign the receipt referred to in Article 10(2)(b) above and shall hand it to the appropriate official or person acting on his behalf.
(3) The appropriate official shall as soon as practicable send the receipt which has been signed in accordance with paragraph (2) above to the Clerk of the Crown by registered post.
12.-(1) Subject to the savings in paragraph (2) below, the Parliamentary Writs Order 1944 is hereby revoked.
(2) Without prejudice to the Interpretation Act 1978, the parliamentary writs list which was prepared under the Order revoked by paragraph (1) above shall continue to have effect as if made under this Order, as shall any notice which was given under that Order and remains in force on the coming into operation of this Order.
N.E. Leigh
Clerk of the Privy Council
Article 3
This Order replaces the Parliamentary Writs Order 1944, which would otherwise have effect as if made under the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 ("the elections rules"). Under this Order (which does not extend to Northern Ireland) the manner in which writs for parliamentary elections are to be conveyed in Great Britain will continue to be by post (Article 9).
The following changes of substance are made. A returning officer who has given the Clerk of the Crown in Chancery notice under rule 4(1) of the elections rules that writs of election are to be conveyed to the acting returning officer is required by Article 4 to give a copy of that notice to the acting returning officer. The latter officer is required by Article 5(2) to give notice of an address at which the writ is to be delivered to him, which address is recorded under Article 6. Article 11(1) provides that delivery of the writ to a person found in and for the time being in charge of the place recorded in the parliamentary writs list as being the office of the returning officer or, as the case may be, acting returning officer shall be as good as delivery to that officer.
rule 3(5) is extended by rule 4(3).