Representation of the People Act 1983 (c. 2)

Part I U.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

C1 Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)

Parliamentary and local government franchise U.K.

1 Parliamentary electors. U.K.

(1) A person entitled to vote as an elector at a parliamentary election in any constituency is one who—

(a) is resident there on the qualifying date (subject to subsection (2) below in relation to Northern Ireland); and

(b) on that date and on the date of the poll—

(i) is not subject to any legal incapacity to vote (age apart); and

(ii) is either a Commonwealth citizen or a citizen of the Republic of Ireland;

and

(c) is of voting age (that is, 18 years or over) on the date of the poll.

(2) A person is not entitled to vote as an elector at a parliamentary election in any constituency in Northern Ireland unless he was resident in Northern Ireland during the whole of the period of three months ending on the qualifying date for that election.

(3) A person is not entitled to vote as an elector in any constituency unless registered there in the register of parliamentary electors to be used at the election.

(4) A person is not entitled to vote as an elector—

(a) more than once in the same constituency at any parliamentary election;

(b) in more than one constituency at a general election.

Modifications etc. (not altering text)

C2 S. 1(1)(b)(i) amended (16.1.2000) by S.I. 1999/3322, art. 2(3)

C3 S. 1(2) excluded by Representation of the People Act 1985 (c. 50, SIF 42), s. 1(1)

2 Local government electors. U.K.

—(1) A person entitled to vote as an elector at a local government election in any electoral area is one who—

(a) is resident there on the qualifying date; and

(b) on that date and on the date of the poll—

(i) is not subject to any legal incapacity to vote (age apart); and

(ii) is either a Commonwealth citizen or a citizen of the Republic of Ireland;

and

(c) is of voting age (that is, 18 years or over) on the date of the poll.

(2) A person is not entitled to vote as an elector in any electoral area unless registered there in the register of local government electors to be used at the election

(3) A person is not entitled to vote as an elector—

(a) more than once in the same electoral area at any local government election; and

(b) in more than one electoral area at an ordinary election for any local government area which is not a single electoral area.

3 Disfranchisement of offenders in prison etc. U.K.

(1) A convicted person during the time that he is detained in a penal institution in pursuance of his sentence [F1 or unlawfully at large when he would otherwise be so detained] is legally incapable of voting at any parliamentary or local government election.

(2) For this purpose—

(a) “convicted person” means any person found guilty of an offence (whether under the law of the United Kingdom or not), including a person found guilty by a courtmartial under the M1 Army Act 1955, the M2 Air Force Act 1955 or the M3 Naval Discipline Act 1957 or on a summary trial under section 49 of the Naval Discipline Act 1957, or by a Standing Civilian Court established under the M4 Armed Forces Act 1976, but not including a person dealt with by committal or other summary process for contempt of court; and

(b) “penal institution” means an institution to which the M5 Prison Act 1952, the M6 Prisons (Scotland) Act 1952 or the M7 Prison Act (Northern Ireland) 1953 applies; and

(c) a person detained for default in complying with his sentence shall not be treated as detained in pursuance of the sentence, whether or not the sentence provided for detention in the event of default, but a person detained by virtue of a conditional pardon in respect of an offence shall be treated as detained in pursuance of his sentence for the offence.

(3) It is immaterial for the purposes of this section whether a conviction or sentence was before or after the passing of this Act.

Textual Amendments

F1 Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 1

Modifications etc. (not altering text)

C4 S. 3(1)(2) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.

M4 1976 c. 52.

M5 1952 c. 52.

M6 1952 c. 61.

M7 1953 c. 18 (N.I.)

Yn ddilys o 29/01/2001

[F2 3A Disfranchisement of offenders detained in mental hospitals. U.K.

(1) A person to whom this section applies is, during the time that he is—

(a) detained at any place in pursuance of the order or direction by virtue of which this section applies to him, or

(b) unlawfully at large when he would otherwise be so detained,

legally incapable of voting at any parliamentary or local government election.

(2) As respects England and Wales, this section applies to the following persons—

(a) any person in respect of whom—

(i) an order has been made under section 37, 38, 44 or 51(5) of the M8 Mental Health Act 1983, or

(ii) a direction has been given under section 45A, 46 or 47 of that Act;

(b) any person in respect of whom an order has been made under section 5(2)(a) of the M9 Criminal Procedure (Insanity) Act 1964; and

(c) any person in respect of whom the Court of Appeal has made an order under—

(i) section 6(2)(a) of the M10 Criminal Appeal Act 1968, or

(ii) section 14(2)(a) of that Act.

(3) As respects Scotland, this section applies to the following persons—

(a) any person in respect of whom an order has been made under section 53, 54, 57(2)(a) or (b) or 58 of the M11 Criminal Procedure (Scotland) Act 1995; and

(b) any person in respect of whom a direction has been given under section 69 of the M12 Mental Health (Scotland) Act 1984 or section 71 of that Act (being a person to whom that section applies by virtue of subsection (2)(a) of that section) or section 59A of that Act of 1995.

(4) As respects Northern Ireland, this section applies to the following persons—

(a) any person in respect of whom—

(i) an order has been made under Article 44, 45, 50A(2)(a) or 57(5) of the M13 Mental Health (Northern Ireland) Order 1986, or

(ii) a direction has been given under Article 52 or 53 of that Order; and

(b) any person in respect of whom the Court of Appeal has made an order under—

(i) section 11(1)(b) or (2)(b) of the M14 Criminal Appeal (Northern Ireland) Act 1980, or

(ii) section 13(5A) of that Act.

(5) As respects any part of the United Kingdom, this section applies to any person in respect of whom an admission order has been made under—

(a) section 116B of the M15 Army Act 1955 or the M16 Air Force Act 1955, or

(b) section 63B of the M17 Naval Discipline Act 1957.

(6) In this section any reference to a person in respect of whom any order or direction falling within subsection (2), (3) or (4) has been made or given includes a reference to a person in respect of whom any such order or direction is, by virtue of any enactment, to be treated as having been made or given in connection with his transfer to a place in the part of the United Kingdom mentioned in that subsection.

(7) Any reference in any of subsections (2) to (4) above to a provision of any Act or Order includes a reference to any earlier provision (whether of that Act or Order as originally enacted or made or as previously amended, or otherwise) to the like effect.]

Textual Amendments

F2 S. 3A inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 2; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C5 S. 3A(1)(4)-(7) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(2); S.I. 2001/116, art. 2(1) (with art. 2(4))

Marginal Citations

M8 1983 c. 20.

M9 1964 c. 84.

M10 1968 c. 19.

M11 1995 c. 46.

M12 1984 c. 36.

M13 S.I. 1986/595 (N.I. 4).

M14 1980 c. 47.

M15 1955 c. 18.

M16 1955 c. 19.

M17 1957 c. 53.