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Representation of the People Act 1983

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Representation of the People Act 1983 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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U.K.General Provisions

Poll to be taken by ballotU.K.

18U.K.The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes given to each candidate and the candidate to whom the majority of votes have been given shall be declared to have been elected.

Modifications etc. (not altering text)

C1Sch. 1 rule 18 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C3Sch. 1 rule 18 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

Sch. 1 rule 18 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

The ballot papersU.K.

19(1)The ballot of every voter shall consist of a ballot paper, and the persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.U.K.

(2)Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—

(a)shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;

(b)shall be capable of being folded up;

(c)shall have a number [F1and other unique identifying mark] printed on the back;

(d)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(2A)If a candidate who is the subject of a party’s authorisation under rule 6A(1) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

[F4(2AA)If a candidate who is the subject of an authorisation by two or more parties under rule 6A(1B) so requests, the ballot paper shall contain, against the candidate's particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.]

(2B)[F5A request under paragraph (2A) or (2AA)] must—

(a)be made in writing to the returning officer, and

(b)be received by him during the period for delivery of nomination papers set out in the Table in rule 1.]

(3)The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

[F6(4)The Secretary of State may in regulations—

(a)prescribe a different form of ballot paper from that in the Appendix;

(b)amend or replace the directions as to printing the ballot paper in the Appendix;

(c)in consequence of anything done for the purposes of paragraph (a) or (b), amend or replace the Form of directions for the guidance of the voters in voting in the Appendix.]

Textual Amendments

F1Words in Sch. 1 rule 19(2)(c) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 87; S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F2Sch. 1 rule 19(2)(d) repealed (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 30(2)(a), 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 14(n)(aa)(cc)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F6Sch. 1 rule 19(4) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 30(2)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(n) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

Modifications etc. (not altering text)

C6Sch. 1 rule 19 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

Sch. 1 rule 19 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

[F7Corresponding number listU.K.

Textual Amendments

F7Sch. 1 rule 19A inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 31(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

19A(1)The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).U.K.

(2)The list shall be in such form as the Secretary of State in regulations prescribes.]

Modifications etc. (not altering text)

C7Sch. 1 rule 19A applied (with modifications) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1; and modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 7)

[F8Date of birth lists for polling stations in Northern IrelandN.I.

Textual Amendments

F8Sch. 1 rule 19B and cross-heading inserted (27.8.2022 for specified purposes, 31.1.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 11; S.I. 2022/916, reg. 2(d)(vii); S.I. 2023/1145, reg. 4(a) (with Sch. para. 3)

19B(1)The Chief Electoral Officer for Northern Ireland must prepare the following lists for each polling station—N.I.

(a)a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b);

(b)a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision.

(2)For the purposes of paragraph (1)(b), “relevant provision” means—

(a)where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b), and

(b)where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.

(3)A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at the polling station to make a decision under rule 37(1B)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age).

(4)A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules (including regulations under paragraph (6))—

(a)permit a list prepared under paragraph (1) for a polling station to be inspected;

(b)supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list;

(c)make use of information contained in a list prepared under paragraph (1).

(5)This paragraph applies to—

(a)the Chief Electoral Officer for Northern Ireland;

(b)a person to whom functions are delegated by the Chief Electoral Officer;

(c)the presiding officer of the polling station;

(d)a clerk or other officer appointed to work at the polling station.

(6)Regulations may make provision—

(a)enabling the inspection of a list prepared under paragraph (1) by prescribed persons;

(b)authorising or requiring prescribed persons to supply a copy of a list prepared under paragraph (1) to such persons as may be prescribed;

(c)for the payment of a fee in respect of the inspection of a list or the supply of a copy of a list.

(7)Regulations under paragraph (6)(a) or (b) may impose conditions in relation to—

(a)the inspection of a list;

(b)the supply of a copy of a list;

(c)the purposes for which information contained in a list that is inspected or supplied in pursuance of the regulations may be used.

(8)The conditions that may be imposed by virtue of paragraph (7)(b) include conditions relating to the extent to which a person to whom a copy of a list has been supplied may—

(a)supply the copy to any other person,

(b)disclose to any other person information contained in the copy, or

(c)use any such information for a purpose other than that for which the copy was supplied to the person.

(9)Regulations under paragraph (6) may also impose, in respect of persons to whom a copy of a list has been supplied or information has been disclosed by virtue of paragraph (8), conditions corresponding to those mentioned in paragraph (8).]

Modifications etc. (not altering text)

C8Sch. 1 rule 19B applied (with modifications) (31.1.2024) by S.I. 2001/2599, Sch. 1 (as amended by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 39; S.I. 2023/1145, reg. 4(e)(xi) (with Sch. para. 3))

The official markU.K.

20[F9(1)Every ballot paper must contain an appropriate security marking (the official mark).]U.K.

(2)The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same constituency.

[F10(3)The returning officer may use a different official mark for different purposes at the same election.]

Textual Amendments

F9Sch. 1 rule 20(1) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 88(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F10Sch. 1 rule 20(3) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 88(3); S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

Modifications etc. (not altering text)

C11Sch. 1 rule 20 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

Sch. 1 rule 20 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C12Sch. 1 rule 20 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2

Sch. 1 rule 20 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

Prohibition of disclosure of voteU.K.

21U.K.No person who has voted at the election shall, in any legal proceeding to question the election or return, be required to state for whom he voted.

Modifications etc. (not altering text)

C15Sch. 1 rule 21 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

Sch. 1 rule 21 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

Use of schools and public roomsU.K.

22(1)The returning officer may use, free of charge, for the purpose of taking the poll—U.K.

(a)a room in a school to which this rule applies;

(b)a room the expense of maintaining which is payable out of any rate.

This rule applies—

(i)in England and Wales, to a school maintained or assisted by a [F11local authority] F12. . . or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(ii)in Scotland, to a school other than an independent school within the meaning of the M1Education (Scotland) Act 1980;

(iii)in Northern Ireland, to a school in receipt of a grant out of moneys appropriated by Measure of the Northern Ireland Assembly.

(2)The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.

[F13(3)The use of a room in an unoccupied house for that purpose does not render a person liable to be rated or to pay any rate for the house.]

(4)In Northern Ireland this rule does not apply to any school adjoining or adjacent to any church or other place of worship nor to any school connected with a nunnery or other religious establishment.

Textual Amendments

Modifications etc. (not altering text)

C16Sch. 1 rule 22 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C17Sch. 1 rule 22 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C18Sch. 1 rule 22 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

Sch. 1 rule 22 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C19Sch. 1 rule 22 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C20Sch. 1 rule 22(1)(2) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2

C22Sch. 1 rule 22(3) applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), Sch. 1 para. 49

Marginal Citations

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