Representation of the People Act 1985

Part II U.K. Transitional Provision for Absent Voters

Modifications etc. (not altering text)

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

C2 Sch. 2 Pt. II applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II

9 (1) In relation to any person who, immediately before the commencement date, was entitled, in pursuance of an application or applications to be treated as an absent voter for an indefinite period, to vote by post or by proxy at parliamentary elections, local government elections or both, sections 6 to 9 of this Act shall have effect—

(a) as if an application by him under section 6 of this Act so to vote at elections of the kind or kinds in question had been granted on that date,

(b) where, immediately before that date, an appointment of a person to vote for him as proxy at parliamentary elections or at parliamentary and local government elections was in force, as if the appointment had been made under section 8 of this Act on that date in respect of elections of the kind or kinds in question, and

(c) where the application treated as granted by virtue of paragraph (a) above is an application to vote by post, as if he had specified in the application as the address to which his ballot paper is to be sent the address provided by him for the purpose under section 19 of the principal Act.

(2) Sub-paragraph (1) above does not apply to a person who applied to be treated as an absent voter by virtue of section 19(1)(e) of the principal Act.

10 In relation to any person who, immediately before the commencement date, was entitled to vote by proxy at any election by virtue of section 19(2) or 32(2) of the principal Act or would have been so entitled but for an application to vote by post under section 19(4), sections 6 to 9 of this Act shall have effect—

(a) as if an application by him under section 6 of this Act to vote by proxy at both parliamentary and local government elections or, as the case may be, at local government elections had been granted on that date, and

(b) where, immediately before that date, an appointment of a person to vote for him as proxy at parliamentary elections, local government elections or both was in force, as if the appointment had been made under section 8 of this Act on that date in respect of elections of the kind or kinds in question.

11 (1) Where an appointment of a person to vote as proxy for another at parliamentary elections, local government elections or both is treated by virtue of paragraph 9 or 10 above as made under section 8 of this Act and immediately before the commencement date the proxy was entitled, in pursuance of an application or applications for an indefinite period, so to vote by post at elections of the kind or kinds in question, section 9 of this Act shall have effect—

(a) where the proxy’s application or applications were based on his entitlement as elector to vote by post, as if an application by him under section 9(4)(a) of this Act to vote by post as proxy at elections of the kind or kinds in question had been granted on that date, and

(b) where the proxy’s application was based on the situation of the address to which his ballot paper was to be sent, as if an application by him under section 9(4)(b) of this Act to vote by post as proxy at parliamentary elections had been granted on that date.

12 In this Part of this Schedule—

• “commencement date” means the date of commencement of sections 5 to 9 of this Act; and

• “local government election” has the same meaning as in those sections;

but this Part of this Schedule shall have effect, in relation to a person who, immediately before the commencement date, is entitled to vote by post as elector or as proxy at local government elections other than elections of parish or community councillors, as if he were then entitled so to vote at all local government elections.