lexiara

Schedule ZA1, paragraph 2

TULRCA 1992

In making a determination to which this Schedule applies, the responsible person must take the following factors into account— whether an electronic voting platform would be accessible to those entitled to vote; where those who are entitled to vote have expressed views about the means of voting they would prefer, those views; such other matters as the responsible person considers appropriate. The responsible person must take the following additional factors into account when making a determination that electronic voting, hybrid voting or workplace voting is available for a ballot or election— the level of security risk of the ballot or election (noting that security may be particularly important where a ballot or election is politically sensitive or where there is a risk of attempted interference); any risks associated with a particular permissible means of voting, including— the risk of disruption to the operation of the electronic voting platform; risks which have, to the responsible person’s knowledge, been identified in previous scrutineer’s reports; in relation to a ballot under section 226(1)(a) (industrial action), the risk of interference with the ballot or coercion of persons entitled to vote in the ballot; where the ballot or election is urgent, whether the use of a particular means of voting will make it more difficult to ensure that those entitled to vote have a convenient opportunity to do so; whether some persons who are entitled to vote would benefit from the availability of an alternative permissible means of voting. In making a determination to which this Schedule applies, the responsible person must apply the following criteria— the determination must, as far as reasonably practicable, allow every person who is entitled to vote in the ballot or election to have the opportunity to do so; the responsible person must not be aware of any reason why it would not be possible to satisfy the requirements of this Act which relate to the means of voting which are to be available for the ballot or election. The criterion in sub-paragraph (3)(a) is considered to be satisfied in relation to a determination that— postal voting is the only permissible means of voting available for a ballot or election, or more than one means of voting is available for a ballot or election and postal voting is available for each person who is entitled to vote in the ballot or election. In this paragraph— “electronic voting platform” means the website or software through which the electronic voting form is accessed; “responsible person”, in relation to a ballot or election, has the meaning given by whichever of the following provisions is applicable— section 46A; section 72E; section 100ZA; section 226ZA; “scrutineer’s report” means a report produced in accordance with whichever of the following provisions is applicable to the ballot or election in question— section 52; section 72O; section 100E; section 231B.

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Source: legislation.gov.uk · retrieved 2026-09-04