Elections Act 2022

Termination of certain proxy appointments on the specified day E+W+S

8 (1) This paragraph applies where—

(a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which paragraph 2(2) comes into force, and

(b) the appointment has effect immediately before the specified day in relation to—

(i) parliamentary elections in England and Wales or Scotland or local government elections in England (or both), or

(ii) a particular parliamentary election in England and Wales or Scotland or local government election in England.

(2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3) The registration officer must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b) information about how to make a fresh application to vote by proxy.

(4) As soon as practicable after the specified day, the registration officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5) Where the specified day is 31 January in a particular year, sub-paragraph (6) applies in relation to a person who—

(a) is entitled (before that day) to vote by proxy by means of the proxy appointment, and

(b) falls within the category of persons in relation to whom the requirement to send a regulation 60A notice by that day applies.

(6) The requirement to send the person a regulation 60A notice by the specified day does not apply, unless—

(a) the person has an entitlement (or entitlements) due to continue beyond that day—

(i) to vote by proxy at local government elections in Scotland or Wales,

(ii) to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both), or

(iii) to vote by post (whether as elector or proxy) at local government elections in Scotland or Wales, and

(b) regulation 60A applies in relation to that entitlement (or those entitlements).

(7) Nothing in sub-paragraph (2) affects the proxy appointment so far as it also relates to any election or elections other than those mentioned in sub-paragraph (1)(b).

(8) In this paragraph—

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “registration officer” has the meaning given by section 8(1) of RPA 1983;

• “regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2); 

• “regulation 60A notice” means a notice under regulation 60A;

• “relevant absent voters’ records” means the records kept under paragraphs 3(4), 4(6) and 7(6) and (8) of Schedule 4 to RPA 2000;

• “RPA 2000” means the Representation of the People Act 2000;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

Subordinate Legislation Made

P1 Sch. 4 para. 8: 31.1.2024 specified for the purposes of Sch. 4 para. 8 by S.I. 2023/1145, reg. 6(4)(a)

Modifications etc. (not altering text)

C1 Sch. 4 para. 8(2) excluded (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 paras. 26, 39 (with Sch. 2 paras. 18, 31)

Commencement Information

I1 Sch. 4 para. 8 not in force at Royal Assent, see s. 67(1)

I2 Sch. 4 para. 8 in force at 31.10.2023 by S.I. 2023/1145, reg. 2(f)(v) (with Sch. para. 7)