Elections Act 2022

1. Introductory Text

2. Part 1 Administration and conduct of elections

   1. Voter identification, applications for postal and proxy votes, etc

      1. 1. Voter identification

      2. 2. Power to make regulations about registration, absent voting and other matters

   2. Postal and proxy voting

      1. 3. Restriction of period for which person can apply for postal vote

      2. 4. Handling of postal voting documents by political campaigners

      3. 5. Handing in postal voting documents

      4. 6. Limit on number of electors for whom a proxy can vote

      5. 7. Requirement of secrecy

   3. Undue influence

      1. 8. Undue influence

   4. Assistance with voting for persons with disabilities

      1. 9. Assistance with voting for persons with disabilities

   5. Nomination of candidates at parliamentary elections

      1. 10. Candidate nomination paper: commonly used names

      2. 11. Home address form: statement of local authority area

   6. Northern Ireland elections

      1. 12. Local elections and Assembly elections in Northern Ireland

   7. Voting system for elections for certain offices

      1. 13. Simple majority system to be used in elections for certain offices

3. Part 2 Overseas electors and EU citizens

   1. Overseas electors

      1. 14. Extension of franchise for parliamentary elections: British citizens overseas

   2. Voting and candidacy rights of EU citizens

      1. 15. Voting and candidacy rights of EU citizens

4. Part 3 The Electoral Commission

   1. Strategy and policy statement

      1. 16. Strategy and policy statement

      2. 17. Examination of duty to have regard to strategy and policy statement

   2. Membership of the Speaker’s Committee

      1. 18. Membership of the Speaker’s Committee

   3. Criminal proceedings

      1. 19. Criminal proceedings

5. Part 4 Regulation of expenditure

   1. Notional expenditure of candidates and others

      1. 20. Notional expenditure: use of property etc on behalf of candidates and others

      2. 21. Codes of practice on expenses

      3. 22. Authorised persons not required to pay expenses through election agent

   2. Registration of parties etc

      1. 23. Declaration of assets and liabilities to be provided on application for registration

      2. 24. Prohibition on entities being registered political parties and recognised third parties at same time

      3. 25. Section 24: transitional provision

   3. Controlled expenditure etc

      1. 26. Restriction on which third parties may incur controlled expenditure

      2. 27. Third parties capable of giving notification for purposes of Part 6 of PPERA

      3. 28. Recognised third parties: changes to existing limits etc

      4. 29. Code of practice on controls relating to third parties

6. Part 5 Disqualification of offenders for holding elective office etc

   1. 30. Disqualification orders

   2. 31. Vacation of office etc

   3. 32. Candidates etc

   4. 33. Holders of relevant elective offices

   5. 34. Campaigners

   6. 35. Election etc of a person to the House of Commons who is subject to a disqualification order

   7. 36. Power to amend Schedule 9

   8. 37. Interpretation of Part

   9. 38. Minor and consequential amendments

7. Part 6 Information to be included with electronic material

   1. Definitions

      1. 39. Definitions relating to electronic material and publication

      2. 40. Definitions relating to parties etc

   2. Requirements

      1. 41. Requirement to include information with electronic material

      2. 42. Electronic material to which section 41 applies: paid-for material

      3. 43. Purposes referred to in section 42

      4. 44. Electronic material to which section 41 applies: other electronic material

      5. 45. Purposes referred to in section 44

      6. 46. Electronic material relating to more than one candidate or future candidate

      7. 47. Exceptions to section 41

   3. Enforcement

      1. 48. Offence of breaching section 41

      2. 49. Order to take down electronic material in breach of section 41

      3. 50. Enforcement by the Commission

      4. 51. Notice to take down electronic material in breach of section 41

      5. 52. Further provision about notice under section 51

      6. 53. Supply of information

   4. Supplementary

      1. 54. Guidance

      2. 55. Information in Commission’s annual report

      3. 56. Notices

      4. 57. Proceedings for an offence under this Part

      5. 58. Offences committed by bodies corporate

      6. 59. Offences committed by unincorporated associations etc

      7. 60. Regulations under this Part

      8. 61. Meaning of “the Commission”

8. Part 7 General

   1. 62. Review of operation of Act

   2. 63. Power to amend references to subordinate legislation etc

   3. 64. Financial provisions

   4. 65. Interpretation etc

   5. 66. Extent

   6. 67. Commencement

   7. 68. Short title

9. Schedules

   1. Schedule 1

      Voter identification

      1. 1. Amendments of RPA 1983

      2. 2. After section 13BC insert— Electoral identity document: Great Britain (1) An application for an electoral identity document may be...

      3. 3. (1) Section 13C (electoral identity card: Northern Ireland) is amended...

      4. 4. (1) Section 13CZA (provision of false information: application for electoral...

      5. 5. In section 56 (registration appeals: England and Wales), in subsection...

      6. 6. In section 58 (registration appeals: Northern Ireland), in subsection (1),...

      7. 7. After section 59 (supplemental provisions as to members of forces...

      8. 8. (1) Section 61 (other voting offences) is amended as follows....

      9. 9. In section 66B (failure to comply with conditions relating to...

      10. 10. Schedule 1 (Parliamentary elections rules) is amended in accordance with...

      11. 11. After rule 19A insert— Date of birth lists for polling...

      12. 12. In rule 25 (provision of polling stations), after paragraph (5)...

      13. 13. (1) Rule 26 (appointment of presiding officers and clerks) is...

      14. 14. In rule 28 (issue of official poll cards), after paragraph...

      15. 15. (1) Rule 29 (equipment of polling stations) is amended as...

      16. 16. (1) Rule 35 (questions to be put to voters) is...

      17. 17. (1) Rule 37 (voting procedure), as it extends to Northern...

      18. 18. (1) Rule 37 (voting procedure), as it extends to England...

      19. 19. In rule 38 (votes marked by presiding officer), for paragraph...

      20. 20. In rule 39 (voting by persons with disabilities), for paragraph...

      21. 21. (1) Rule 40 (tendered ballot papers) is amended as follows....

      22. 22. After rule 40ZA insert— Refusal to deliver ballot paper: Great...

      23. 23. In rule 40A— (a) for the heading substitute “Refusal to...

      24. 24. After rule 40A insert— Collection and disclosure of information relating...

      25. 25. In rule 43 (procedure on close of poll), after paragraph...

      26. 26. After rule 53A insert— Destruction of date of birth lists:...

      27. 27. In rule 54 (sealing up of ballot papers), after paragraph...

      28. 28. In rule 55 (delivery of documents to registration officer), after...

      29. 29. In rule 56 (orders for production of documents), after paragraph...

      30. 30. After rule 56 insert— Inspection of ballot paper refusal list:...

      31. 31. In rule 57 (retention and public inspection of documents), after...

      32. 32. In rule 58 (disposal of documents in Scotland), after paragraph...

      33. 33. (1) In the Appendix of Forms, the form of directions...

      34. 34. Extension of Northern Ireland voter identification provisions to Great Britain

      35. 35. After section 7(4) of the Elections (Northern Ireland) Act 1985...

      36. 36. Section 5(2) of the Electoral Fraud (Northern Ireland) Act 2002,...

      37. 37. After section 8(5) of the Electoral Fraud (Northern Ireland) Act...

      38. 38. Section 13CZA of RPA 1983 (provision of false information: application...

      39. 39. After section 27(3) of the Northern Ireland (Miscellaneous Provisions) Act...

      40. 40. Consequential repeals

   2. Schedule 2

      Power to make regulations about registration, absent voting and other matters

      1. 1. Amendments to the Representation of the People Act 1983

      2. 2. Schedule 2 to RPA 1983 (provision which may be contained...

      3. 3. (1) Paragraph 1 is amended as follows.

      4. 4. (1) Paragraph 1A is amended as follows.

      5. 5. (1) Paragraph 3ZA is amended as follows.

      6. 6. For paragraph 3A substitute— (1) Provision about— (a) applications for registration in Northern Ireland...

      7. 7. After paragraph 5 insert— (1) Provision about the manner in which relevant absent voting...

      8. 8. In paragraph 8B(1), for “or 10ZD” substitute “, 10ZD, 13BD,...

      9. 9. After paragraph 8B insert— (1) Provision requiring a registration officer in Great Britain to...

      10. 10. In paragraph 8C(1)— (a) in paragraph (a), for “or 10A”...

      11. 11. In paragraph 13, after sub-paragraph (1) insert—

      12. 12. Power to remove signature requirements

      13. 13. Power to make provision about unique reference numbers: elections in Northern Ireland

      14. 14. Consequential repeals

   3. Schedule 3

      Restriction of period for which person can apply for postal vote

      1. 1. Representation of the People Act 2000

      2. 2. (1) Paragraph 3 (absent vote at elections for definite or...

      3. 3. (1) Paragraph 7 (voting as proxy) is amended as follows....

      4. 4. Transitional provision

   4. Schedule 4

      Proxy voting: limits and transitional provision

      1. 1. Representation of the People Act 1983

      2. 2. (1) Section 61 (other voting offences) is amended as follows....

      3. 3. In section 202 (general provisions as to interpretation), in subsection...

      4. 4. (1) Rule 35 of Schedule 1 (questions to be put...

      5. 5. In Schedule 2 (provisions which may be contained in regulations...

      6. 6. Representation of the People Act 1985

      7. 7. Representation of the People Act 2000

      8. 8. Termination of certain proxy appointments on the specified day

      9. 9. (1) This paragraph applies where— (a) a proxy appointment is...

      10. 10. Termination of applications for certain proxy appointments on the specified day

      11. 11. (1) An application for a proxy appointment that is made...

   5. Schedule 5

      Undue influence: further provision

      1. 1. Local Government Act 1972

      2. 2. In section 80 (disqualifications for election and holding office as...

      3. 3. Local Government Act (Northern Ireland) 1972

      4. 4. Representation of the People Act 1983

      5. 5. Greater London Authority Act 1999

      6. 6. Local Democracy, Economic Development and Construction Act 2009

      7. 7. Police Reform and Social Responsibility Act 2011

   6. Schedule 6

      Local elections in Northern Ireland and elections to the Northern Ireland Assembly

      1. Part 1 Local elections in Northern Ireland

         1. 1. Electoral Law Act (Northern Ireland) 1962

         2. 2. In section 96 (provisions applying to all persons reported personally...

         3. 3. In section 108 (penalties for corrupt practices), in subsection (4)(a)(i),...

         4. 4. In section 112 (incapacities resulting from convictions for corrupt or...

         5. 5. In section 114 (corrupt and illegal practices committed by agents),...

         6. 6. Schedule 5 (local elections rules) is amended in accordance with...

         7. 7. In rule 5 (nomination of candidates), for paragraph (2A) substitute—...

         8. 8. In rule 12 (publication of statement of persons nominated), in...

         9. 9. After rule 16A insert— Date of birth lists (1) The returning officer must prepare the following lists for...

         10. 10. In rule 22 (provision of polling stations), after paragraph (4)...

         11. 11. In rule 23 (appointment of presiding officers and clerks), in...

         12. 12. (1) Rule 26 (equipment of polling stations) is amended as...

         13. 13. (1) Rule 32 (questions to be put to voters) is...

         14. 14. (1) Rule 34 (voting procedure) is amended as follows.

         15. 15. In rule 35 (votes marked by presiding officer), in paragraph...

         16. 16. (1) Rule 36 (voting by persons with disabilities) is amended...

         17. 17. In rule 37 (tendered ballot papers), in paragraph (2)—

         18. 18. In rule 38 (refusal to deliver ballot paper), in paragraph...

         19. 19. In rule 41(1) (sealing and delivery of documents etc), after...

         20. 20. (1) Rule 56A (destruction of home address forms) is amended...

         21. 21. In form 1 in the Appendix of Forms (form of...

         22. 22. In the Appendix of Forms, in form 10 (declaration for...

         23. 23. Schedule 9 (electoral misdemeanours) is amended in accordance with paragraphs...

         24. 24. For paragraph 3 substitute— Undue influence (1) A person is guilty of undue influence if the...

         25. 25. After paragraph 5 insert— Handling of postal voting documents by...

         26. 26. (1) Paragraph 12A (illegal practices: voting offences) is amended as...

         27. 27. (1) Paragraph 27 (requirement of secrecy) is amended as follows....

         28. 28. Local Elections (Northern Ireland) Order 1985

         29. 29. In paragraph 9(1) of Part 1 of Schedule 2 to...

         30. 30. Elected Authorities (Northern Ireland) Act 1989

         31. 31. Elections Act 2001

         32. 32. Transitional provisions relating to proxy voting

         33. 33. (1) This paragraph applies to an application for a proxy...

         34. 34. Consequential repeals

      2. Part 2 Elections to the Northern Ireland Assembly

         1. 35. Northern Ireland Assembly (Elections) Order 2001

         2. 36. In the table, in the right-hand column of the entry...

         3. 37. In the table, after the entry for section 112 of...

         4. 38. In the table, for the entry relating to section 115...

         5. 39. In the table, after the entry for rule 19A of...

         6. 40. The entries in the right-hand column of the table in...

         7. 41. In the entry for rule 31 (notification of requirement of...

         8. 42. In the entry for rule 37 (voting procedure), before the...

         9. 43. Against the entry for rule 38 (votes marked by presiding...

         10. 44. In the table, after the entry for rule 53A of...

         11. 45. In the entry for section 8 of the Representation of...

         12. 46. In the Annex, in the form of declaration to be...

         13. 47. Transitional provisions relating to proxy voting

         14. 48. (1) This paragraph applies to an application for a proxy...

   7. Schedule 7

      Overseas electors

      1. Part 1 Minor and consequential amendments

         1. 1. Representation of the People Act 1983

         2. 2. In section 4 (entitlement to be registered as parliamentary or...

         3. 3. In section 202(1) (general provisions as to interpretation), for the...

         4. 4. (1) Schedule 2 (provisions which may be contained in regulations...

         5. 5. Representation of the People Act 1985

         6. 6. Finance Act 1996

         7. 7. Income Tax Act 2007

         8. 8. Constitutional Reform and Governance Act 2010

         9. 9. Police Reform and Social Responsibility Act 2011

         10. 10. House of Lords Reform Act 2014

         11. 11. Consequential repeals

      2. Part 2 Transitional provision

         1. 12. Interpretation of Part

         2. 13. Pre-commencement applications for registration in a register of parliamentary electors

         3. 14. Overseas electors registered pursuant to pre-commencement applications

         4. 15. Postal voting

         5. 16. (1) This paragraph applies where— (a) before the commencement date,...

         6. 17. Power to make supplementary provision

         7. 18. Promoting awareness of changes to overseas elector franchise

   8. Schedule 8

      Voting and candidacy rights of EU citizens

      1. Part 1 Amendments to the Representation of the People Act 1983

         1. 1. (1) In section 2 of RPA 1983 (local government electors),...

      2. Part 2 Amendments in relation to certain local elections in England and Wales

         1. 2. City of London (Various Powers) Act 1957

         2. 3. Local Government Act 1972

         3. 4. Greater London Authority Act 1999

         4. 5. Local Democracy, Economic Development and Construction Act 2009

         5. 6. Police Reform and Social Responsibility Act 2011

      3. Part 3 Amendments in relation to certain elections in Northern Ireland

         1. 7. Electoral Law Act (Northern Ireland) 1962

         2. 8. Local Government Act (Northern Ireland) 1972

         3. 9. Elected Authorities (Northern Ireland) Act 1989

         4. 10. Northern Ireland Act 1998

         5. 11. Northern Ireland Assembly (Elections) Order 2001

      4. Part 4 Transitional provision etc

         1. 12. Holders of elected offices

         2. 13. Power to make transitional and saving provision

   9. Schedule 9

      Offences for purposes of Part 5

      1. Part 1 Common law offences

         1. 1. Offences under the law of England and Wales, Scotland and Northern Ireland

         2. 2. Murder.

         3. 3. Offences under the law of England and Wales and Northern Ireland

         4. 4. Manslaughter.

         5. 5. Offences under the law of Scotland

         6. 6. Assault to the danger of life.

         7. 7. Assault to severe injury.

         8. 8. Assault with intent to rape or ravish.

         9. 9. Assault other than a kind listed in paragraphs 6 to...

         10. 10. Breach of the peace.

         11. 11. Culpable homicide.

         12. 12. Culpable and reckless conduct.

         13. 13. Culpable and reckless endangering of the public.

         14. 14. Culpable and reckless fire-raising.

         15. 15. Drugging.

         16. 16. Extortion.

         17. 17. Malicious mischief.

         18. 18. Mobbing and rioting.

         19. 19. Uttering threats.

         20. 20. Wilful fire-raising.

         21. 21. Offences under the law of Northern Ireland

         22. 22. Riot.

      2. Part 2 Statutory offences

         1. 23. Offences against the Person Act 1861

         2. 24. Explosive Substances Act 1883

         3. 25. Theft Act 1968

         4. 26. Theft Act (Northern Ireland) 1969

         5. 27. Criminal Damage Act 1971

         6. 28. Protection from Eviction Act 1977

         7. 29. Criminal Law Act 1977

         8. 30. Criminal Damage (Northern Ireland) Order 1977

         9. 31. Rent (Northern Ireland) Order 1978

         10. 32. Road Traffic (Northern Ireland) Order 1981

         11. 33. Taking of Hostages Act 1982

         12. 34. Rent (Scotland) Act 1984

         13. 35. Public Order Act 1986

         14. 36. Public Order (Northern Ireland) Order 1987

         15. 37. Criminal Justice Act 1988

         16. 38. Malicious Communications Act 1988

         17. 39. Malicious Communications (Northern Ireland) Order 1988

         18. 40. Trade Union and Labour Relations (Consolidation) Act 1992

         19. 41. Criminal Justice and Public Order Act 1994

         20. 42. Criminal Law (Consolidation) (Scotland) Act 1995

         21. 43. Protection from Harassment Act 1997

         22. 44. Protection from Harassment (Northern Ireland) Order 1997

         23. 45. Crime and Disorder Act 1998

         24. 46. Communications Act 2003

         25. 47. Sexual Offences Act 2003

         26. 48. Sexual Offences (Northern Ireland) Order 2008

         27. 49. Sexual Offences (Scotland) Act 2009 (asp 9)

         28. 50. Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

         29. 51. Serious Crime Act 2015

         30. 52. Hate Crime and Public Order (Scotland) Act 2021 (asp 14)

      3. Part 3 Inchoate offences

         1. 53. (1) An inchoate offence in relation to an offence listed...

   10. Schedule 10

       Disqualification orders: minor and consequential amendments

       1. 1. Electoral Law Act (Northern Ireland) 1962

       2. 2. Local Government Act 1972

       3. 3. Local Government Act (Northern Ireland) 1972

       4. 4. Representation of the People Act 1983

       5. 5. Northern Ireland Act 1998

       6. 6. Greater London Authority Act 1999

       7. 7. Government of Wales Act 2006

       8. 8. Armed Forces Act 2006

       9. 9. Police Reform and Social Responsibility Act 2011

       10. 10. Sentencing Act 2020

   11. Schedule 11

       Illegal practices

       1. 1. Candidates etc at parliamentary, Northern Ireland Assembly and local elections

       2. 2. Candidates etc at elections to the Scottish Parliament

       3. 3. Candidates etc at elections to Senedd Cymru

       4. 4. Candidates etc at local elections in Scotland

       5. 5. Candidates etc at local elections in Northern Ireland

       6. 6. Candidates at police and crime commissioner elections

       7. 7. MPs and recall petitions

   12. Schedule 12

       Supply of information etc

       1. 1. Supply of information etc

       2. 2. Court order for disclosure of information etc

       3. 3. (1) This paragraph applies if a relevant enforcer has given...

       4. 4. Power to make copies and records

       5. 5. Authorisation to be in writing

       6. 6. Legal professional privilege

       7. 7. Admissibility of information

       8. 8. Application of restrictions on disclosure

       9. 9. Meaning of “relevant enforcer”