Representation of the People Act 1983

49 Effect of registers. U.K.

(1) The register of parliamentary electors shall for the purposes of this Part of this Act be conclusive on the following questions—

(a) whether or not a person registered in it was on the qualifying date resident at the address shown;

(b) whether or not that address is in any constituency or any particular part of a constituency;

(c) whether or not a person registered as an elector in a constituency in Northern Ireland was during the whole of the period of three months ending on the qualifying date resident in Northern Ireland;

(d)

F1 (2) The register of local government electors shall for the purposes of this Part be conclusive on the following questions—

(a) whether or not a person registered in it was on the qualifying date resident at the address shown;

(b) whether or not that address is in any local government area or any particular part of a local government area;

(c)

F2 (3)

F3 (4) Any entry in the register of parliamentary or local government electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of an election at which the day fixed for the poll is that or a later date.

[F4 (5) A person registered as a parliamentary or local government elector, or entered in the list of proxies, shall not be excluded from voting on any of the following grounds: but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

The grounds are—

(a) that he is not of voting age;

(b) that he is not, or, on the qualifying date or the date of his appointment (as the case may be), was not—

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland;

(iii) in the case of a person registered as a parliamentary elector in pursuance of an overseas elector’s declaration, a British citizen;

(iv) in the case of a person registered as a local government elector or entered in the list of proxies by virtue of being a relevant citizen of the Union, a relevant citizen of the Union;

(c) that he is, or, on the qualifying date or the date of his appointment (as the case may be), was, otherwise subject to any other legal incapacity to vote.]

Textual Amendments

F1 S. 49(1)(d) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 10, Sch. 5

F2 S. 49(2)(c) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 10, Sch. 5

F3 S. 49(3) repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

F4 S. 49(5) substituted (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 paras. 5, 6

Modifications etc. (not altering text)

C1 S. 49 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 49 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C3 S. 49 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. 1

C4 S. 49 modified (17.2.1994) by S.I. 1994/342, regs. 2(2), 15(3), 16(3)

S. 49 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 49 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1998/1126, art. 6, Sch. 2

C5 S. 49(1)(a) restricted by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)

C6 S. 49(2)–(5) modified (N.I.) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), s. 13(5)(6)

C7 S. 49(2)(4)(5) applied (with modifications) (31.7.1997) by 1997 c.61, s. 3, Sch. 3 para. 13 Table 1

C8 S. 49(2)(a) restricted by Representation of the People Act 1985 (c. 50, SIF 42), s. 3(9)