Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Supplemental provisions as to parliamentary and local government electionsU.K.

56 Registration appeals: England and Wales.U.K.

(1)An appeal lies to the county court—

[F1(a)from any decision of a registration officer not to register a person following an application under section 10ZC,

(aza)from any decision of a registration officer to register a person following an application under section 10ZC in a case where an objection has been made under that section,

(azb)from any decision of a registration officer not to alter a register following an application under section 10ZD,

(azc)from any decision of a registration officer to alter a register following an application under section 10ZD in a case where an objection has been made under that section,

(azd)from any decision of a registration officer under section 10ZE, or any other provision of this Act, as a result of which a person's entitlement to remain registered terminates,

(aa)from any decision of a registration officer not to make a determination under section 10ZE(1) following an objection under section 10ZE(5)(a),]

[F2(ab)from a determination of the registration officer under section 9B(2) above,]

[F3(ac)from a determination of a registration officer not to issue—

(i)an electoral identity document following an application under section 13BD, or

(ii)an anonymous elector’s document following an application under section 13BE,]

(b)from any decision under this Act of the registration officer disallowing a person’s application to [F4vote by proxy or by post as elector] or to vote by post as proxy, in any case where the application is not made for a particular election only,

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but an appeal does not lie where the person desiring to appeal has not availed himself of a prescribed right to be heard by or make representations to the registration officer on the matter which is the subject of the appeal, or has not given the prescribed notice of appeal within the prescribed time.

(2)No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this section.

(3)An appeal to the county court or Court of Appeal by virtue of this section which is pending when notice of an election is given shall not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4)Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this section, and the registration officer shall[F7, in accordance with sections 13A[F8, 13AB][F9, 13B and 13BC] above,]make such alterations in the F10. . . register as may be required to give effect to the decision.

[F11(4A)Where, as a result of the decision on an appeal, an alteration in the register [F12made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2)[F13, 13AB(3)] or] [F1413B(3) or (3B) [F15or 13BC(3) or (6)] above on or before the date of the poll], subsection (3) above does not apply to that appeal as respects that election.]

(5)The registration officer shall undertake such duties in connection with appeals brought by virtue of this section as may be prescribed and shall on any such appeal be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this subsection.

F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 56(1)(a)(aa)(aza)-(azd) substituted for s. 56(1)(a)(aa) (10.6.2014 for E.W., 15.9.2014 for N.I.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 18 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F2S. 56(1)(ab) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 8; S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F3S. 56(1)(ac) inserted (27.8.2022 for specified purposes, 16.1.2023 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 5; S.I. 2022/916, reg. 2(d)(iv); S.I. 2022/1401, reg. 2(d)(ii)

F6S. 56(1)(d) repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 14(2)(b), Sch. 7 Pt. 1; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F7Words in s. 56(4) inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 14(3)(a); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F9Words in s. 56(4) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 8(2); S.I. 2016/290, reg. 2

F10Words in s. 56(4) repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 14(3)(b), Sch. 7 Pt. 1; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F12Words in s. 56(4A) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 14(4); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F14Words in s. 56(4A) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(5), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

C10S. 56 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I

S. 56 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 56 applied (with modifications) (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. I (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

S. 56 applied (with modifications) (N.I.) by S.I. 1986/1091, regs. 2, 14(3)(4)(5), Sch. 3 Pt. I

S. 56 applied (with modifications) (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. I

S. 56 applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 56 applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 56 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 56 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2

C11Ss. 56-58 applied (with modifications) (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 9(4)

C12S. 56 restricted (31.7.1997) by 1997 c. 61, s. 2(3)

C13S. 56 modified (11.3.1999) by S.I. 1999/450, arts. 4(1), 5(3)(5) (which S.I. was revoked (29.2.2003) by S.I. 2003/284, art. 1)

C14S. 56 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C15S. 56 excluded (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, Sch. 1 para. 17(1)

C16S. 56(1) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C17S. 56(3)–(5) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I