Representation of the People Act 2000

SCHEDULES

Section 8.

SCHEDULE 1 U.K. Registration: amendments of 1983 Act

Introductory U.K.

1 U.K. The 1983 Act is amended as follows.

Commencement Information

I1 Sch. 1 para. 1 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Residence U.K.

2 U.K. In section 6 (residence: merchant seamen), for “sections 1 and 2 above” substitute “ section 4 above ”.

Commencement Information

I2 Sch. 1 para. 2 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Registers of electors U.K.

3 U.K. For section 9 substitute—

“9 Registers of electors.

(1) Each registration officer shall maintain—

(a) a register of parliamentary electors for each constituency or part of a constituency in the area for which he acts; and

(b) a register of local government electors for the local government areas or parts of local government areas included in the area for which he acts.

(2) Each register shall contain—

(a) the names of the persons appearing to the registration officer to be entitled to be registered in it (subject to their complying with any prescribed requirements);

(b) (subject to any prescribed exceptions) the qualifying addresses of the persons registered in it; and

(c) in relation to each such person, that person’s electoral number.

(3) A person’s electoral number is such number (with or without any letters) as is for the time being allocated by the registration officer to that person as his electoral number for the purposes of the register in question.

(4) Electoral numbers shall be allocated by a registration officer in such a way as to ensure, so far as is reasonably practicable, that in each separate part of a register the numbers run consecutively.

(5) The registers of parliamentary electors and of local government electors shall so far as practicable be combined, the names of persons registered only as parliamentary electors or local government electors being marked to indicate that fact.

(6) A registration officer’s duty under subsection (1) above includes the duty to take reasonable steps to obtain information required by him in connection with the performance of his duty under that subsection (without prejudice to any specific requirement of this Act or regulations under it).

(7) Where under this section two or more registration officers maintain registers of parliamentary electors in respect of different parts of the same constituency, then in relation to that constituency any reference in this Act (whether express or implied) to the register of parliamentary electors for a constituency shall be read—

(a) as a reference to one of those registers, or

(b) in relation to one of those registration officers, as the register maintained by him,

as the context may require.

(8) In this Act—

(a) any reference, in relation to a registration officer, to “his” registers is a reference to the registers maintained by him under this section; and

(b) “qualifying address”, in relation to a person registered in a register of electors, is the address in respect of which he is entitled to be so registered.”

Commencement Information

I3 Sch. 1 para. 3 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Maintenance of registers U.K.

4 U.K. For section 10 substitute—

“10 Maintenance of registers: annual canvass.

(1) Each registration officer shall conduct an annual canvass in relation to the area for which he acts for the purpose of ascertaining the persons who are for the time being entitled to be, or to remain, registered in his registers.

(2) The canvass for any year shall be conducted by reference to residence on 15th October in that year.

(3) A canvass shall not, however, be concerned with—

(a) the registration of persons in respect of residence in penal institutions (within the meaning of section 3 above) or mental hospitals (within the meaning of section 7 above) or other places at which persons to whom section 7A above applies may be detained; or

(b) the registration of persons in pursuance of—

(i) declarations of local connection,

(ii) service declarations, or

(iii) overseas electors’ declarations.

(4) The form to be used for the purposes of a canvass shall be either a form prescribed for those purposes or a form to the same effect.

(5) In connection with a canvass a registration officer may, for the purpose of—

(a) supplementing the information obtained by the use of any such form, or

(b) where any such form has not been returned, obtaining any information designed to be obtained by the use of the form,

make such house to house inquiries as he thinks fit.

(6) On the conclusion of a canvass a registration officer shall make such alterations in his registers as fall to be made in accordance with section 10A below as a result of the canvass.

(7) In this section “residence” means residence for the purposes of section 4 above.

10A Maintenance of the registers: registration of electors.

(1) A registration officer shall determine all applications for registration which are—

(a) made to him in accordance with the prescribed requirements, or

(b) treated as made to him by virtue of subsection (2) below.

(2) Where—

(a) in connection with a canvass under section 10 above, the form completed in respect of any address specifies any person as a person who is entitled to be registered in a register, and

(b) that person is not for the time being registered in the register in respect of that address,

he shall be treated as having made, on the 15th October in the year in question, an application for registration in the register in respect of that address.

(3) A registration officer shall also determine all objections to a person’s registration made in accordance with the prescribed requirements by another person whose name appears in the register in question.

(4) Subsections (1) and (3) above apply to applications and objections asking—

(a) for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to registration, or

(b) for the alteration of the qualifying address in respect of which a person is registered,

as they apply to applications for registration and objections to a person’s registration respectively.

(5) Where the name of a person (“the elector”) is duly entered in a register in respect of any address, the elector is entitled to remain registered in the register in respect of that address until such time as the registration officer concerned—

(a) determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because—

(i) the form mentioned in section 10(4) above was not returned in respect of that address, or

(ii) for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,

the registration officer is unable to satisfy himself that the elector was then so resident at that address, or

(b) determines, in any prescribed circumstances, that the elector has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.

(6) Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, the registration officer concerned shall remove that person’s entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.

(7) Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise a registration officer to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.

(8) Nothing in subsection (5) or (6) applies in relation to the registration of persons in pursuance of—

(a) applications for registration made by virtue of section 7(2) or 7A(2) above; or

(b) declarations falling within section 10(3)(b) above.

(9) In this section—

• “determines” means determines in accordance with regulations;

• “resident” means resident for the purposes of section 4 above.”

Commencement Information

I4 Sch. 1 para. 4 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

5 U.K. Omit—

(a) section 11 (correction of registers), and

(b) section 12(1), (2) and (5) (right to be registered).

Commencement Information

I5 Sch. 1 para. 5 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Publication of registers U.K.

6 U.K. For section 13 substitute—

“13 Publication of registers.

(1) Following the conclusion of the canvass conducted by a registration officer for any year under section 10 above, the officer shall publish a revised version of both of his registers—

(a) by 1st December in that year; or

(b) by such later date as regulations may prescribe.

(2) The revised versions of the registers shall incorporate—

(a) all the alterations which are required to be made in them as mentioned in section 10(6) above; and

(b) any alterations which are required to be made by virtue of section 13A(3) below.

(3) A registration officer may in addition, if he thinks fit, publish a revised version of either of his registers at any time between—

(a) the time when the register was last published in accordance with subsection (1) above, and

(b) the time when it is due to be next so published;

and a registration officer proposing to publish a revised version of a register in accordance with this subsection must publish notice of his intention to do so by such time and in such manner as may be prescribed.

(4) When revising a register for publication under this section the registration officer shall make such changes affecting the electoral numbers of persons registered in the register as he considers necessary in order to comply with section 9(4) above.

(5) Where a revised version of a register is published at any time under this section, the register has effect in the form in which it is so published as from that time until the time when—

(a) a revised version is next so published, or

(b) if earlier, any alteration to the register takes effect under section 13A or 13B below.

(6) Any reference in this section or section 13A below to the publication of a revised version of the register is to its publication in accordance with regulations made in pursuance of paragraphs 10A and 10B(1)(a) of Schedule 2 to this Act.

13A Alteration of registers.

(1) This section applies where, at any time (“the relevant time”) after the publication of a revised version of a register by a registration officer under section 13 above, the registration officer—

(a) on an application for registration being made by any person in accordance with the prescribed requirements, determines that that person is entitled to be so registered;

(b) is required, by virtue of any provision of this Part of this Act, to remove a person’s entry from the register;

(c) is notified of any decision on an appeal by virtue of section 56 below which requires any such alteration in the register as is mentioned in subsection (4) of that section; or

(d) determines that the register contains any clerical error.

(2) In such a case the registration officer shall (subject to subsection (3) below) issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a) the notice shall be so issued by him—

(i) on the first day of the month which follows that in which the relevant time falls, or

(ii) if that day is less than 14 days after that time, on the first day of the month immediately following that month; and

(b) (subject to section 13B(1) below) the alteration in question shall have effect as from the beginning of the day on which the notice is issued.

(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a) at the beginning of the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) or (3) above, or

(b) at the beginning of either of the two months preceding that containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) above,

and in such a case the alteration in question shall be made in that revised version of the register.

(4) Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section 13B(3) below requires him to issue a notice under that provision.

(5) No alteration affecting a published version of a register of electors shall be made otherwise than in accordance with this section and section 13B below.

(6) For the purposes of subsection (1) above “determines” means determines in accordance with regulations; and section 119 below shall apply for the purposes of subsection (2)(a) above as if it were contained in Part II of this Act.

13B Alteration of registers: pending elections.

(1) An alteration in a published version of a register of electors which takes effect under section 13A(2) above after the final nomination day in the case of an election to which this section applies shall not have effect for the purposes of that election unless the alteration—

(a) is made in consequence of a decision or determination falling within section 13A(1)(c) or (d) above; and

(b) takes effect on or before the fifth day before the date of the poll.

(2) Subsection (3) below applies where—

(a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a decision or determination—

(i) falling within subsection (1)(c) or (d) of that section, and

(ii) in consequence of which a person’s name falls to be entered in (or removed from) the register in respect of an address in the relevant election area; and

(b) no alteration made in consequence of that decision or determination—

(i) has already taken effect, or

(ii) is due to take effect,

under subsection (2) of that section on or before the fifth day before the date of the poll.

(3) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a) the notice shall be so issued by him on the appropriate publication date; and

(b) the alteration shall take effect as from the beginning of that day.

(4) This section applies to the following elections—

(a) parliamentary elections,

(b) elections to the European Parliament,

(c) elections to the Scottish Parliament,

(d) elections to the National Assembly for Wales,

(e) elections to the Northern Ireland Assembly, and

(f) local government elections in England, Wales or Scotland.

(5) In this section—

• “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

• “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

• “the relevant election area”, in relation to a registration officer and such an election, means—

  (a)

  the area for which the registration officer acts, or

  (b)

  if the election is held in only part of that area, the part of that area in question.

(6) Section 119 below shall apply for the purposes of this section as if—

(a) it were contained in Part II of this Act; and

(b) each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.”

Commencement Information

I6 Sch. 1 para. 6 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Service declarations U.K.

7 U.K. In section 14 (service qualification), in subsection (2), for “section 1(2) above” substitute “ section 4(2) above ”.

Commencement Information

I7 Sch. 1 para. 7 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

8 (1) Section 15 (service declaration) is amended as follows. U.K.

(2) For subsections (2) to (4) substitute—

“(2) Where a person is registered in a register of electors in pursuance of a service declaration, the person is entitled to remain so registered until—

(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect,

(b) the declaration is cancelled under subsection (7) below, or

(c) another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a service declaration),

whichever first occurs.

(3) Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further service declaration.”

(3) In subsection (7) (cancellation of declarations), omit the words from “and (subject” onwards.

(4) After that subsection add—

“(8) A service declaration shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.”

Commencement Information

I8 Sch. 1 para. 8 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

9 U.K. In section 16, omit the following—

(a) in paragraph (b), the words from “where” to “such a member,”;

(b) paragraph (c); and

(c) in paragraph (d), the words “will be or”.

Commencement Information

I9 Sch. 1 para. 9 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

10 U.K. In section 17 (effect of service declaration), for subsection (1) substitute—

“(1) Where a person’s service declaration is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—

(a) resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;

(b) for the purposes of registration in Northern Ireland as resident in Northern Ireland during the whole of the period of three months ending with that date; and

(c) until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.”

Commencement Information

I10 Sch. 1 para. 11 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Polling districts U.K.

11 U.K. In section 18 (polling districts and places for parliamentary elections), for subsection (8) substitute—

“(8) Where any alteration of polling districts in an area is made under this section—

(a) the registration officer who acts for the area shall make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration; and

(b) the alteration shall be effective on the date on which the registration officer publishes a notice stating that any such adaptations have been made by him.”

Commencement Information

I11 Sch. 1 para. 11 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Effect of registers U.K.

12 (1) Section 49 (effect of registers) is amended as follows. U.K.

(2) Omit subsections (1) and (2).

(3) In subsection (5), for “the qualifying date”, wherever occurring, substitute “ the relevant date ”.

(4) After subsection (5) insert—

“(6) In subsection (5) above “the relevant date” means—

(a) in relation to a person registered in the register in question as published in accordance with section 13(1) above, the 15th October immediately preceding the date of publication of the register;

(b) in relation to any other person registered in the register in question, the relevant date for the purposes of section 4 above.”

Commencement Information

I12 Sch. 6 para. 12 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Regulations about registration U.K.

13 U.K. In section 53(1) (regulations about registration)—

(a) in paragraph (a), omit “the electors lists or”; and

(b) for paragraph (b) substitute—

“(b) with respect to—

(i) the procedure to be followed in the preparation of the register and the place and manner of its publication, and

(ii) the procedure to be followed in the preparation of any such special lists or records, and the time, place and manner of their publication; and”.

Commencement Information

I13 Sch. 1 para. 13 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Registration appeals: England and Wales U.K.

14 (1) Section 56 (registration appeals: England and Wales) is amended as follows. U.K.

(2) In subsection (1) (decisions against which appeals lie)—

(a) in paragraph (a), for “claim” substitute “ application ”; and

(b) omit paragraph (d).

(3) In subsection (4) (compliance by registration officer with decision on appeal)—

(a) after “the registration officer shall” insert “ , in accordance with sections 13A and 13B above, ”; and

(b) omit “electors lists or”.

(4) In subsection (4A) (effect of alterations in register), for “is made under subsection (4) above” substitute “ made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2) or 13B(3) above ”.

Commencement Information

I14 Sch. 1 para. 14 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Registration appeals: Northern Ireland U.K.

15 U.K. For section 58 substitute—

“58 Registration appeals: Northern Ireland.

(1) Section 56 above, except subsection (2) and the words from the beginning to “and” in subsection (4), extends to Northern Ireland.

(2) Section 21(1) of the M1 Interpretation Act (Northern Ireland) 1954 (rules regulating procedure of courts etc.) shall have effect as if the jurisdiction conferred by section 56(1) above were conferred by an enactment within the meaning of that Act.”

Commencement Information

I15 Sch. 1 para. 15 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Marginal Citations

M1 1954 c.33.

Service voters U.K.

16 U.K. In section 59(2) (supplemental provisions as to members of forces and service voters)—

(a) for “qualifying date” substitute “ relevant date for the purposes of section 4 above ”; and

(b) for “5(2)” substitute “ 5(3) ”.

Commencement Information

I16 Sch. 1 para. 16 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Offences U.K.

17 U.K. In section 62 (offences as to declarations), for subsection (1) substitute—

“(1) A person who—

(a) makes a declaration of local connection or a service declaration—

(i) when he is not authorised to do so by section 7B(1) or section 15(1) above, or

(ii) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

(iii) when he knows that it contains a statement which is false, or

(b) attests a service declaration when he knows—

(i) that he is not authorised to do so, or

(ii) that it contains a false statement as to any particulars required by regulations under section 16 above,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

Commencement Information

I17 Sch. 1 para. 17 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Election expenses U.K.

18 (1) Section 76 (limitation of election expenses) is amended as follows. U.K.

(2) In subsection (2) (maximum amounts calculated by reference to register to be used at election as first published), omit “to be used at the election (as first published)”, wherever occurring.

(3) For subsection (4) substitute—

“(4) In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.”

Commencement Information

I18 Sch. 1 para. 18 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Election addresses U.K.

19 U.K. In section 91 (candidate’s right to send election address post-free), for subsection (4) substitute—

“(4) For the purposes of this section “elector”—

(a) means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and

(b) includes a person then shown in that register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.”

Commencement Information

I19 Sch. 1 para. 19 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Evidence of registration U.K.

20 U.K. After section 180 insert—

“180A Evidence by certificate of electoral registration.

The certificate of a registration officer that any person is or is not, or was or was not at any particular time, duly registered in one of the officer’s registers in respect of any address shall be sufficient evidence of the facts stated in it; and a document purporting to be such a certificate shall be received in evidence and presumed to be such a certificate unless the contrary is proved.”

Commencement Information

I20 Sch. 1 para. 20 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Regulations under the Act U.K.

21 U.K. In section 201 (regulations), after subsection (2) add—

“(3) Any regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.”

Commencement Information

I21 Sch. 1 para. 21 wholly in force at 16.2.2001; s. 9 not in force at Royal Assent see s. 17(3); s. 9 in force for certain purposes at 29.1.2001 and 16.2.2001 by S.I. 2001/116, art. 2(1) (subject to art. 2(3)(4))

Interpretation U.K.

22 U.K. In section 202(1) (general interpretation)—

(a) for the definition of “dwelling house” substitute—

• ““dwelling” includes any part of a building where that part is occupied separately as a dwelling;”; and

(b) at the appropriate place insert—

““qualifying address” shall be construed in accordance with section 9(8) above;”.

Commencement Information

I22 Sch. 1 para. 22 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Parliamentary elections rules U.K.

23 (1) Schedule 1 (parliamentary elections rules) is amended as follows. U.K.

(2) In rule 7 (subscription of nomination paper), for paragraph (6) substitute—

“(6) In this rule “elector”—

(a) means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and

(b) includes a person then shown in that register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.”

(3) In the Appendix of Forms, in the form of nomination paper—

(a) omit note 3, and

(b) in note 5, omit “or electors lists”.

Commencement Information

I23 Sch. 1 para. 23 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Content of regulations as to registration U.K.

24 (1) Schedule 2 (provisions which may be contained in regulations as to registration) is amended as follows. U.K.

(2) At the end of paragraph 1(2) (requiring of information by registration officer for purposes of registration duties) add “or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered.”

(3) After paragraph 1(2) insert—

“(3) Provisions authorising a registration officer, where—

(a) he has so required any person registered in one of his registers to give him information, or to make any declaration, for the purpose of enabling him to determine whether the person is entitled to be so registered, and

(b) the person has not within the prescribed period complied with that requirement in a manner which the officer considers satisfactory (or at all),

to remove the person’s name from the register.

(4) Provisions authorising a registration officer to inspect, for the purpose of his registration duties, records kept (in whatever form) by—

(a) any local or public authority of any prescribed description, or

(b) any person providing services to, or authorised to exercise any function of, any such authority,

and to make copies of information contained in such records.

(5) Provisions made under sub-paragraph (4) above shall have effect despite any statutory or other restriction on the disclosure of information.”

(4) In paragraph 2A (registration officer to remind overseas elector of need to make fresh declaration), for the words from “overseas” onwards substitute “ declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered. ”

(5) After paragraph 3 insert—

“3A Provisions as to the form and contents of applications for registration, including provisions as to any declarations to be made in connection with them.”

(6) In paragraph 6 (cases where claims and objections can be determined without a hearing), for “a claim” substitute “ an application ”.

(7) In paragraph 8 (special lists of those whose addresses are not required to be shown on electors lists), for “on the electors lists” substitute “ in the register ”.

Commencement Information

I24 Sch. 1 para. 24 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Section 8.

SCHEDULE 2 U.K. Registration: overseas electors

Introductory U.K.

1 U.K. The Representation of the M2 People Act 1985 is amended as follows.

Commencement Information

I25 Sch. 2 para. 1 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Marginal Citations

M2 1985 c. 50.

Franchise for parliamentary elections U.K.

2 U.K. For section 1 substitute—

“1 Extension of parliamentary franchise.

(1) A person is entitled to vote as an elector at a parliamentary election in any constituency if—

(a) he qualifies as an overseas elector in respect of that constituency on the date on which he makes a declaration under and in accordance with section 2 of this Act (“the relevant date”);

(b) on that date and on the date of the poll—

(i) he is not subject to any legal incapacity to vote, and

(ii) he is a British citizen; and

(c) on the date of the poll he is registered in a register of parliamentary electors for that constituency.

(2) For the purposes of this Act and the principal Act a person qualifies as an overseas elector in respect of a constituency on the relevant date if—

(a) on that date he is not resident in the United Kingdom, and

(b) he satisfies one of the following sets of conditions.

(3) The first set of conditions is that—

(a) he was included in a register of parliamentary electors in respect of an address at a place that is situated within the constituency concerned,

(b) that entry in the register was made on the basis that he was resident, or to be treated for the purposes of registration as resident, at that address,

(c) that entry in the register was in force at any time falling within the period of 20 years ending immediately before the relevant date, and

(d) subsequent to that entry ceasing to have effect no entry was made in any register of parliamentary electors on the basis that he was resident, or to be treated for the purposes of registration as resident, at any other address.

(4) The second set of conditions is that—

(a) he was last resident in the United Kingdom within the period of 20 years ending immediately before the relevant date,

(b) he was by reason only of his age incapable of being included in any register of parliamentary electors in force on the last day on which he was resident in the United Kingdom, and

(c) the address at which he was resident on that day was at a place that is situated within the constituency concerned and a parent or guardian of his was included, in respect of that address, in a register of parliamentary electors or a register of local government electors in force on that day.

(5) The reference in subsection (1) above to a person being subject to a legal incapacity to vote on the relevant date does not include a reference to his being under the age of 18 on that date; and the reference in subsection (4) above to a register of local government electors includes a reference to a register of electors prepared for the purposes of local elections (within the meaning of the M3 Electoral Law Act (Northern Ireland) 1962).”

Commencement Information

I26 Sch. 2 para. 2 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Marginal Citations

M3 1962 c.14 (N.I.).

Registration of overseas electors U.K.

3 U.K. For section 2 substitute—

“2 Registration of British citizens overseas.

(1) A person is entitled to be registered in a register of parliamentary electors in pursuance of a declaration made by him under and in accordance with this section (an “overseas elector’s declaration”) if—

(a) the register is for the constituency or part of the constituency within which is situated the place in the United Kingdom specified in the declaration in accordance with subsection (4) below as having been the address—

(i) in respect of which he was registered, or

(ii) at which he was resident,

as the case may be, and

(b) the registration officer concerned is satisfied that, on the relevant date, he qualifies as an overseas elector in respect of that constituency for which that register is prepared.

(2) A person registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration is entitled to remain so registered until—

(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect,

(b) the declaration is cancelled under subsection (5) below, or

(c) any entry made in respect of him in any register of parliamentary electors takes effect otherwise than in pursuance of an overseas elector’s declaration,

whichever first occurs; and, where the entitlement of such a person to remain so registered terminates by virtue of this subsection, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further overseas elector’s declaration.

(3) An overseas elector’s declaration must state—

(a) the date of the declaration,

(b) that the declarant is a British citizen,

(c) that the declarant is not resident in the United Kingdom on the relevant date, and

(d) when he ceased to be so resident or, in the case of a person relying on registration in pursuance of a service declaration, when he ceased to have a service qualification or, if later, ceased to be so resident,

and must contain such other information and satisfy such other requirements (which may include requirements for declarations to be attested and for the charging of fees in respect of their attestation) as may be prescribed.

(4) An overseas elector’s declaration must—

(a) show which set of conditions in section 1 of this Act the declarant claims to satisfy,

(b) in the case of the first set of conditions, specify the address in respect of which he was registered, and

(c) in the case of the second set of conditions, specify—

(i) the date of the declarant’s birth,

(ii) the address in the United Kingdom at which he was resident, and

(iii) the name of the parent or guardian on whose registration in respect of that address he relies, and whether the person named was a parent or guardian,

and may not, in the case of either set of conditions, specify more than one such address; and if the declarant makes more than one such declaration bearing the same date and specifying different addresses in the United Kingdom as the address in respect of which he was registered or, as the case may be, at which he was resident the declarations shall be void.

(5) An overseas elector’s declaration may be cancelled at any time by the declarant.

(6) An overseas elector’s declaration shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the relevant date.

(7) For the purposes of section 1 of this Act, where a person is registered in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector’s declaration, it shall be conclusively presumed that he was not resident in the United Kingdom on the relevant date.

(8) In this section “the relevant date” has the meaning given by section 1(1)(a) of this Act.”

Commencement Information

I27 Sch. 2 para. 3 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Franchise for European Parliamentary elections U.K.

4 U.K. For section 3 substitute—

“3 Extension of franchise for European Parliamentary elections.

(1) A peer is entitled by virtue of this section to vote as an elector at a European Parliamentary election in any electoral region if—

(a) he qualifies under this section in respect of that region on the date on which he makes a declaration under and in accordance with regulations under this section (“the relevant date”),

(b) on that date and on the day appointed for the election—

(i) he is not subject to any legal incapacity to vote, and

(ii) he is a British citizen, and

(c) on the day so appointed he is registered in the electoral region in a register under this section.

(2) For the purposes of subsection (1) above, a peer qualifies under this section in respect of an electoral region on the relevant date if—

(a) on that date he is not resident in the United Kingdom, and

(b) he satisfies one of the following sets of conditions.

(3) The first set of conditions is that—

(a) he was included in a register of local government electors in respect of an address at a place that is situated within the electoral region concerned,

(b) that entry in the register was made on the basis that he was resident, or to be treated for the purposes of registration as resident, at that address,

(c) that entry in the register was in force at any time falling within the period of 20 years ending immediately before the relevant date, and

(d) subsequent to that entry ceasing to have effect no entry was made in any register of local government electors on the basis that he was resident, or to be treated for the purposes of registration as resident, at any other address.

(4) The second set of conditions is that—

(a) he was last resident in the United Kingdom within the period of 20 years ending immediately before the relevant date,

(b) he was by reason only of his age incapable of being included in any register of local government electors in force on the last day on which he was resident in the United Kingdom, and

(c) the address at which he was resident on that day was at a place that is situated within the electoral region concerned and a parent or guardian of his was included, in respect of that address, in a register of parliamentary electors or a register of local government electors in force on that day.

(5) Regulations may—

(a) provide for a person seeking registration under this section to make a declaration for the purpose, being a declaration of the prescribed facts and containing the prescribed information;

(b) require such declarations to be attested and provide for the charging of fees in respect of their attestation;

(c) make provision for and in connection with the cancellation of such declarations.

(6) Regulations may also—

(a) provide for the registration, subject to prescribed exceptions and on satisfying prescribed conditions, of those peers who (apart from the requirements of registration) may be entitled by virtue of this section to vote as electors at European Parliamentary elections;

(b) apply with such modifications or exceptions as may be prescribed any provision in respect of the registration of parliamentary or local government electors made by or under the principal Act or this Act.

(7) Regulations under this section shall require each registration officer to prepare and publish, in respect of any year for which any peers are to be registered under this section, a register of the peers so registered; and any such register shall so far as practicable be combined with the registers of parliamentary electors and of local government electors, the names of peers registered under this section being marked to indicate that fact.

(8) In this section—

(a) “legal incapacity” has the same meaning—

(i) in relation to Great Britain as it has in the principal Act for the purposes of local government elections, and

(ii) in relation to Northern Ireland as it has in the M4 Electoral Law Act (Northern Ireland) 1962 for the purposes of local elections,

but the reference in subsection (1)(b) above to a person being subject to a legal incapacity to vote on the relevant date does not include a reference to his being below the age of 18 on that date,

(b) “local election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962, and

(c) references to the register of local government elections include a reference to a register of electors prepared—

(i) for the purposes of local elections, or

(ii) for the purposes of municipal elections in the City of London (that is, elections to the office of mayor, alderman, common councilman or sheriff and also elections of officers elected by the mayor, aldermen and liverymen in common hall).”

Commencement Information

I28 Sch. 2 para. 4 wholly in force at 16.2.2001; Sch. 2 para. 4 not in force at Royal Assent see s. 17(3); Sch. 2 para. 4 in force at 29.1.2001 insofar as it confers power to make regulations and in force at 16.2.2001 insofar as not already in force by S.I. 2001/116, art. 2(1)(2) (subject to art. 2(3)(4))

Marginal Citations

M4 1962 c.14 (N.I.).

Section 8.

SCHEDULE 3 N.I. Registration: local elections in Northern Ireland

Introductory N.I.

1 N.I. The M5 Elected Authorities (Northern Ireland) Act 1989 is amended as follows.

Commencement Information

I29 Sch. 3 para. 1 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Marginal Citations

M5 1989 c. 3.

Registration of electors N.I.

2 N.I. In section 1 (local electors in Northern Ireland), for subsections (1) and (2) substitute—

“(1) A person is entitled to vote as an elector at a local election in any district electoral area if on the date of the poll he—

(a) is registered in the register of local electors for that area;

(b) is not subject to any legal incapacity to vote (age apart);

(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and

(d) is of the age of eighteen or over.”

Commencement Information

I30 Sch. 3 para. 2 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Application of provisions of 1983 Act N.I.

3 (1) Part I of Schedule 1 (application of provisions of 1983 Act) is amended as follows. N.I.

(2) After the entry relating to section 3(1) and (2) insert—

“Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals).”

(3) For the entry relating to section 4(2) substitute—

“Section 4(2) to (6) (entitlement to be registered).”

(4) For the entry relating to sections 5 to 7 substitute—

“Sections 5 and 6 (residence (general) and residence of merchant seamen).

Sections 7 to 7C (residence of mental patients, and of persons remanded in custody, and declarations of local connection).”

(5) For the entry relating to sections 9 to 13 substitute—

“Sections 9, 10, 10A and 13 to 13B (preparation, publication and alteration of registers).”

(6) For the entry beginning “Section 53” substitute—

“Section 53 and, in Schedule 2, paragraphs 1(2) to (5), 3, 3A, 4 to 11A and 13 (regulations as to registration).”

(7) After the entry beginning “Section 56(1)” insert—

“Section 58(2) (registration appeals: Northern Ireland).”

(8) After the entry relating to section 62 insert—

“Section 180A (evidence by certificate of electoral registration).”

(9) In the entry beginning “Section 201”, for “the definition of “prescribed”” substitute “ the definitions of “dwelling”, “prescribed” and “qualifying address” ”.

Commencement Information

I31 Sch. 3 para. 3 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Modification of provisions of 1983 Act N.I.

4 (1) Part II of Schedule 1 (modification of provisions of the 1983 Act) is amended as follows. N.I.

(2) For paragraph 7 substitute—

“7 (1) In section 4(2)—

(a) for “parliamentary electors for any constituency” substitute “local electors for any district electoral area”; and

(b) for “subsection (1) above,” substitute “subsection (3) below,”.

(2) In section 4(4)(a), the reference to any enactment includes an enactment comprised in Northern Ireland legislation.

7A In section 7B references to the United Kingdom are to be read as references to Northern Ireland.”

(3) Paragraphs 9 to 11 shall be omitted.

(4) For paragraph 14 (a) and (b) substitute—

“(a) in subsection (1)(a) omit the words from “and any special lists” to the end,

(b) for subsection (1)(b) substitute—

“(b) with respect to—

(i) the procedure to be followed in the preparation of the register, and

(ii) the place and manner of its publication; and;”

and . ”

Commencement Information

I32 Sch. 3 para. 4 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Section 12.

SCHEDULE 4 E+W+S Absent voting in Great Britain

Modifications etc. (not altering text)

C1 Sch. 4 applied (with modifications) (E.W.) (2.4.2001) by S.I. 2001/1298, regs. 15, 16, 17, Sch. 5 Pt. I Table (as amended (13.3.2004) by S.I. 2004/226, art. 2(3), Sch.)

Sch. 4: functions transferred (25.11.2002) by S.I. 2002/2626, art. 11(1), Sch. 1 (with arts. 12, 13)

C2 Sch. 4: functions transferred (19.8.2003) by The Secretary of State for Constitutional Affairs Order (S.I. 2003/1887), art. 4, {Sch. 1}

C3 Sch. 4 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, Sch. 3 Table 1 (which S.I. was revoked (24.7.2008) by S.I. 2008/1848, reg. 1)

C4 Sch. 4 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6, Sch. 2 Pt. 1

Interpretation E+W+S

1 (1) In this Schedule—

• “the absent voters list” means the list kept under paragraph 5(1) below;

• “the appropriate rules” means—

  (a)

  in the case of a parliamentary election, the parliamentary elections rules, and

  (b)

  in the case of a local government election, rules made (or having effect as if made) under section 36 or, as the case may be, section 42 of the 1983 Act;

• “local government election” means a local government election in England, Wales or Scotland.

(2) The 1983 Act and this Schedule shall have effect as if this Schedule were contained in Part I of that Act.

(3) References in an enactment other than one contained in this Act or the 1983 Act to Part I of that Act include a reference to this Schedule.

Commencement Information

I33 Sch. 4 para. 1 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Manner of voting at parliamentary or local government elections E+W+S

2 (1) This paragraph applies to determine the manner of voting of a person entitled to vote as an elector at a parliamentary or local government election.

(2) He may vote in person at the polling station allotted to him under the appropriate rules, unless he is entitled as an elector to an absent vote at the election.

(3) He may vote by post if he is entitled as an elector to vote by post at the election.

(4) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under the appropriate rules for a ballot paper for the purpose of voting in person, in which case he may vote in person there.

(5) If—

(a) he is not entitled as an elector to an absent vote at the election, but

(b) he cannot reasonably be expected to go in person to the polling station allotted to him under the appropriate rules by reason of the particular circumstances of his employment, either as a constable or by the returning officer, on the date of the poll for a purpose connected with the election,

he may vote in person at any polling station in the constituency or, as the case may be, electoral area.

(6) Nothing in the preceding provisions of this paragraph applies to—

(a) a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, or

(b) a person to whom section 7A of that Act (persons remanded in custody) applies,

whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).

(7) For the purposes of the provisions of—

(a) this Schedule, and

(b) the 1983 Act so far as it has effect in relation to England, Wales and Scotland,

a person entitled to vote as an elector at a parliamentary or local government election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voters list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at a parliamentary or local government election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

Commencement Information

I34 Sch. 4 para. 2 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Absent vote at elections for definite or indefinite period E+W+S

3 (1) Where a person applies to the registration officer to vote by post at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application if—

(a) he is satisfied that the applicant is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and

(b) the application meets the prescribed requirements.

(2) Where a person applies to the registration officer to vote by proxy at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application if—

(a) he is satisfied that the applicant is eligible to vote by proxy at elections to which the application relates,

(b) he is satisfied that the applicant is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and

(c) the application meets the prescribed requirements.

(3) For the purposes of this paragraph a person is eligible to vote by proxy at parliamentary or local government elections—

(a) if he is or will be registered as a service voter,

(b) if he cannot reasonably be expected—

(i) to go in person to the polling station allotted or likely to be allotted to him under the appropriate rules, or

(ii) to vote unaided there,

by reason of blindness or other physical incapacity,

(c) if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse , or by reason of his attendance on a course provided by an educational institution or that of his spouse , or

(d) if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea,

and a person is also eligible to vote by proxy at parliamentary elections if he is or will be registered in pursuance of an overseas elector’s declaration.

(4) The registration officer shall keep a record of those whose applications under this paragraph have been granted showing—

(a) whether their applications—

(i) were in respect of parliamentary elections, local government elections or both, and

(ii) were to vote by post or proxy for an indefinite or a particular period (specifying that period),

(b) in the case of those who may vote by post, the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and

(c) in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.

(5) The registration officer shall remove a person from the record—

(a) if he applies to the registration officer to be removed,

(b) in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered in pursuance of—

(i) a service declaration,

(ii) a declaration of local connection, or

(iii) an overseas elector’s declaration,

(c) in the case of any person shown in the record as voting by proxy, if the registration officer gives notice that he has reason to believe there has been a material change of circumstances, or

(d) in the case of a person who applied to vote by post or proxy for a particular period, once that period has expired.

(6) A person shown in the record as voting by post may subsequently alter his choice by applying to the registration officer to vote by proxy instead (whether for an indefinite period or for a particular period specified in his application); and, if the registration officer would be required to grant that application if it were one made under sub-paragraph (2), the registration officer shall amend the record accordingly.

(7) A person shown in the record as voting by proxy may subsequently alter his choice by applying to the registration officer to vote by post instead (whether for an indefinite period or for a particular period specified in his application); and, if the application meets the prescribed requirements, the registration officer shall amend the record accordingly.

Commencement Information

I35 Sch. 4 para. 3 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Absent vote at particular election E+W+S

4 (1) Where a person applies to the registration officer to vote by post at a particular parliamentary or local government election, the registration officer shall grant the application if—

(a) he is satisfied that the applicant is or will be registered in the register of parliamentary or, as the case may be, local government electors, and

(b) the application meets the prescribed requirements.

(2) Where a person applies to the registration officer to vote by proxy at a particular parliamentary or local government election, the registration officer shall grant the application if—

(a) he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the appropriate rules,

(b) he is satisfied that the applicant is or will be registered in the register of parliamentary or, as the case may be, local government electors, and

(c) the application meets the prescribed requirements.

(3) Nothing in sub-paragraph (1) or (2) applies to a person who is included in the record kept under paragraph 3 in respect of elections of the kind in question, but such a person may, in respect of a particular parliamentary or local government election, apply to the registration officer—

(a) for his ballot paper to be sent to a different address from that shown in the record, or

(b) to vote by proxy,

if he is shown in the record as voting by post at elections of the kind in question.

(4) The registration officer shall grant an application under sub-paragraph (3) if—

(a) (in the case of any application) it meets the prescribed requirements; and

(b) (in the case of an application to vote by proxy) the registration officer is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the appropriate rules.

Commencement Information

I36 Sch. 4 para. 4 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Absent voters list E+W+S

5 (1) The registration officer shall, in respect of each parliamentary or local government election, keep a special list (“the absent voters list”) consisting of the two lists mentioned in sub-paragraphs (2) and (3) respectively.

(2) The first of those lists is a list of—

(a) those whose applications under paragraph 4(1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and

(b) those who are for the time being shown in the record kept under paragraph 3 as voting by post at elections of the kind in question (excluding those so shown whose applications under paragraph 4(3)(b) above to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under paragraph 3 or, as the case may be, paragraph 4(3)(a) as the addresses to which their ballot papers are to be sent.

(3) The second of the lists mentioned in sub-paragraph (1) is a list (“the list of proxies”) of—

(a) those whose applications under paragraph 4(2) or (3) to vote by proxy at the election have been granted, and

(b) those who are for the time being shown in the record kept under paragraph 3 as voting by proxy at elections of the kind in question,

together with (in each case) the names and addresses of those appointed as their proxies.

Commencement Information

I37 Sch. 4 para. 5 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Proxies at elections E+W+S

6 (1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph and paragraph 7 referred to as “the elector”) at any parliamentary or local government election and may vote in pursuance of the appointment.

(2) The elector cannot have—

(a) more than one person at a time appointed as proxy to vote for him at parliamentary elections (whether in the same constituency or elsewhere), or

(b) more than one person at a time appointed as proxy to vote for him at local government elections in the same electoral area.

(3) A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election—

(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector, or

(b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland.

(4) A person is not capable of being appointed to vote, or voting, as proxy at a local government election—

(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector, or

(b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland nor a relevant citizen of the Union.

(5) A person is not capable of voting as proxy at a parliamentary or local government election unless on the date of the poll he has attained the age of 18.

(6) A person is not entitled to vote as proxy—

(a) at the same parliamentary election in any constituency, or

(b) at the same local government election in any electoral area,

on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—

(a) registered in the register of parliamentary electors, local government electors or both (as the case may be), and

(b) shown in the record kept under paragraph 3 as voting by proxy at such elections,

and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.

(8) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary or local government election, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—

(a) registered in the register of parliamentary or, as the case may be, local government electors, and

(b) entitled to vote by proxy at that election by virtue of an application under paragraph 4(2) or (3),

and that the proxy is capable of being, and willing to be, appointed.

(9) The appointment of a proxy under this paragraph is to be made by means of a proxy paper in the prescribed form issued by the registration officer.

(10) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force—

(a) where the appointment related to a parliamentary election or parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a parliamentary election or parliamentary elections (whether in the same constituency or elsewhere),

(b) where the appointment related to a local government election or local government elections, on the issue of a proxy paper appointing a different person to vote for him at a local government election or local government elections in the same electoral area, or

(c) where the appointment was for a particular period, once that period expires.

(11) Subject to sub-paragraph (10), the appointment shall remain in force—

(a) in the case of an appointment for a particular election, for that election, and

(b) in any other case, while the elector is shown as voting by proxy in the record kept under paragraph 3 in pursuance of the same application under that paragraph.

Commencement Information

I38 Sch. 4 para. 6 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Voting as proxy E+W+S

7 (1) A person entitled to vote as proxy at a parliamentary or local government election may do so in person at the polling station allotted to the elector under the appropriate rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

(2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) For the purposes of this Schedule and the 1983 Act a person entitled to vote as proxy for another at a parliamentary or local government election is entitled so to vote by post if he is included in the list kept under sub-paragraph (8) in respect of the election.

(4) Where a person applies to the registration officer to vote by post—

(a) as proxy at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), or

(b) as proxy at a particular parliamentary or local government election,

the registration officer shall grant the application if the conditions set out in sub-paragraph (5) are satisfied.

(5) Those conditions are—

(a) that the registration officer is satisfied that the elector is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and

(b) that there is in force an appointment of the applicant as the elector’s proxy to vote for him at elections of the kind in question or, as the case may be, the election concerned, and

(c) that the application meets the prescribed requirements.

(6) The registration officer shall keep a record of those whose applications under sub-paragraph (4)(a) have been granted showing—

(a) whether their applications—

(i) were in respect of parliamentary elections, local government elections or both, and

(ii) were to vote by post as proxy for an indefinite or a particular period (specifying that period), and

(b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(7) Where, in the case of a particular parliamentary or local government election, a person included in the record kept under sub-paragraph (6) in respect of elections of the kind in question applies to the registration officer for his ballot paper to be sent to a different address from that shown in the record, the registration officer shall grant the application if it meets the prescribed requirements.

(8) The registration officer shall, in respect of each parliamentary or local government election, keep a special list of—

(a) those who are for the time being included in the record kept under sub-paragraph (6) in respect of elections of the kind in question, together with the addresses provided by them in their applications under sub-paragraph (4)(a) or, as the case may be, sub-paragraph (7) as the addresses to which their ballot papers are to be sent, and

(b) those whose applications under sub-paragraph (4)(b) above have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(9) The registration officer shall remove a person from the record kept under sub-paragraph (6)—

(a) if he applies to the registration officer to be removed,

(b) if the elector ceases to be registered as mentioned in sub-paragraph (5)(a),

(c) if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not he is re-appointed), or

(d) in the case of a person who applied to vote by post as proxy for a particular period, once that period expires.

Commencement Information

I39 Sch. 4 para. 7 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Valid from 01/01/2007

[F1 Provision of fresh signatures E+W+S

Textual Amendments

F1 Sch. 4 paras. 7A-7D inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 14(4), 77 (with saving in s. 14(8)); S.I. 2006/3412, art. 3, Sch. 1 para. 3 (subject to transitional provisions in Sch. 2)

7A (1) A person who remains on the record kept under paragraph 3(4) or 7(6) may, at any time, provide the registration officer with a fresh signature. E+W+S

(2) Anything required or authorised to be done for the purposes of any enactment in relation to a signature required to be provided in pursuance of this Schedule must be done in relation to a signature provided as mentioned in sub-paragraph (1) instead of in relation to a signature provided on any earlier occasion.

7B E+W+S Regulations may make provision as to—

(a) circumstances in which a registration officer may require a person who remains on the record kept under paragraph 3(4) or 7(6) to provide a fresh signature;

(b) the consequences of a person refusing or failing to comply with a requirement to provide a fresh signature.

Valid from 01/01/2007

Use of personal identifier information E+W+S

7C E+W+S The registration officer must either —

(a) provide the returning officer for an election with a copy of the information contained in records kept by the registration officer in pursuance of paragraphs 3(9), 4(6) and 7(12) in relation to electors at the election, or

(b) give the returning officer access to such information.

7D E+W+S Information contained in records kept by a registration officer in pursuance of paragraph 3(9), 4(6) or 7(12) may be disclosed by him (subject to any prescribed conditions) to—

(a) any other registration officer if he thinks that to do so will assist the other registration officer in the performance of his duties;

(b) any person exercising functions in relation to the preparation or conduct of legal proceedings under the Representation of the People Acts;

(c) such other persons for such other purposes relating to elections as may be prescribed.]

Offences E+W+S

8 E+W+S A person who—

(a) in any declaration or form used for any of the purposes of this Schedule, makes a statement which he knows to be false, or

(b) attests an application under paragraph 3 or 4 when he knows that he is not authorised to do so or that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I40 Sch. 4 para. 8 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))

Section 14.

SCHEDULE 5 U.K. Free delivery of election addresses at first GLA mayoral election: New Schedule 3A to the Greater London Authority Act 1999

Extent Information

E1 Sch. 5: The amendments made by this schedule have the same extent as the Greater London Authority Act 1999, see s. 17(8)

“Schedule 3A U.K. Free delivery of election addresses at first election of Mayor

Interpretation U.K.

1 In this Schedule—

• “the 1983 Act” means the Representation of the M6 People Act 1983;

• “candidate” means a person who stands nominated as a candidate at the election;

• “the election” means the first election of the Mayor;

• “election address” shall be construed in accordance with paragraph 2 below;

• “election booklet” shall be construed in accordance with paragraph 6 below;

• “the GLRO” means the Greater London returning officer;

• “print” means print by whatever means (and “printer” shall be construed accordingly);

• “the relevant provisions” means the provisions of section 17A(1) of this Act and this Schedule.

Election addresses U.K.

2 For the purposes of the relevant provisions an election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of paragraphs 3 and 4.

Contents of election addresses U.K.

3 (1) An election address must contain matter relating to the election only.

(2) In particular, an election address must not contain—

(a) any advertising material (other than material promoting the candidate as a candidate at the election);

(b) any other material appearing to be included with a view to commercial gain; or

(c) any material referring to any candidate standing for election to the Assembly.

(3) An election address may include a representation of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party if the address is prepared on behalf of an authorised party candidate.

(4) In sub-paragraph (3) above “authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem in question by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the GLRO before the last time for the delivery of nomination papers for the election.

(5) An election address must—

(a) contain a statement to the effect that it has been prepared by the candidate’s election agent; and

(b) give the name and address of the election agent.

Form of election addresses U.K.

4 (1) Subject to any requirements imposed by or under this paragraph, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).

(2) An election address must be printed on not more than two sides of A5 paper; but if such an address is printed on two sides of such paper—

(a) it must, when submitted to the GLRO for inclusion in the election booklet, be accompanied by a second version printed on a single side of such paper; and

(b) if the total number of candidates from whom election addresses have been accepted by the GLRO by the last time for the delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.

(3) An election address must—

(a) comply with such requirements as to typographical layout, margins and the use of colour as the GLRO may determine; and

(b) comply with such other requirements as he may determine with a view to facilitating its reproduction as a page or pages of the election booklet.

(4) An election address must, when submitted to the GLRO for inclusion in the election booklet, be accompanied—

(a) where the address is to contain a photograph of the candidate, by two identical copies of the photograph, of which one is signed on the back by the candidate; and

(b) in any case, by such copies of anything contained in the address as the GLRO may reasonably require in connection with the reproduction of the address.

Approval of election addresses by Post Office U.K.

5 (1) Before an election address is submitted to the GLRO for inclusion in the election booklet a draft of the address must have been—

(a) submitted by the candidate to the Post Office, and

(b) approved by the Post Office as complying with the relevant Post Office regulations.

(2) In sub-paragraph (1)(b) above “the relevant Post Office regulations” means the provisions of the Post Office regulations under section 91 of the 1983 Act as to the contents of election communications, other than the provisions of those regulations—

(a) authorising the sending of different material to different groups, or

(b) requiring the name of the printer and publisher to appear on election literature.

(3) Without prejudice to the operation of sub-paragraph (1)(b) above, the Post Office shall not approve an election address if, in their opinion, the address does not comply with the provisions of paragraph 3(1) and (2) above.

The election booklet U.K.

6 (1) For the purposes of this Schedule the election booklet is a document prepared by the GLRO which contains the election addresses of all candidates who—

(a) desire their election addresses to be included in the booklet, and

(b) have submitted—

(i) those addresses, and

(ii) any additional material required under paragraph 4(4) above,

to the GLRO by such date as he may determine.

(2) If—

(a) it appears to the GLRO that any of the requirements of paragraphs 3(3) to (5), 4 and 5(1) above has not been complied with in relation to an election address, or

(b) a candidate fails to make the payment required by paragraph 9 below in respect of an election address,

the GLRO shall decline to include the address in the election booklet.

Form of election booklet U.K.

7 (1) The order in which candidates’ election addresses appear in the election booklet shall be determined alphabetically by reference to the candidates’ surnames.

(2) The election booklet may include, in addition to candidates’ election addresses, a statement by the GLRO—

(a) explaining the nature and purpose of the election booklet;

(b) listing, in alphabetical order, the names of all the candidates at the election (whether or not their election addresses are included in the booklet); and

(c) giving the date of the election and such other information about it as the GLRO may determine.

(3) The election booklet must—

(a) contain a statement that it has been published by the GLRO; and

(b) give the name and address of the GLRO and those of the printer of the booklet.

(4) Subject to sub-paragraphs (1) to (3) above, the form of the election booklet shall be determined by the GLRO.

(5) The election agent of each candidate whose election address has been accepted by the GLRO for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the GLRO in order to check, and submit to the GLRO typographical corrections to, the proof of the candidate’s address.

(6) If the election agent of any such candidate fails to avail himself of that opportunity, the GLRO may—

(a) make such typographical corrections to the proof as appear to him to be appropriate; and

(b) proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate’s address).

(7) No person other than—

(a) the candidate by whom or on whose behalf an election address included in the election booklet was prepared, or

(b) the candidate’s election agent,

shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with paragraph 8 below.

Distribution of election booklet U.K.

8 (1) Copies of the election booklet shall be delivered by the GLRO to the Post Office, in envelopes addressed to individual electors falling within section 17A(1)(b) of this Act, at such time as the GLRO may determine.

(2) The GLRO may disseminate the contents of the election booklet by such other means as he may determine.

Contributions by candidates towards costs of printing U.K.

9 (1) Each candidate by whom an election address is submitted to the GLRO for inclusion in the election booklet shall pay the sum of £10,000 to the GLRO as a contribution towards the expenses incurred by him in respect of the printing of the election booklet.

(2) The payment required by sub-paragraph (1) above shall be made at such time, and in such manner, as the GLRO may determine.

(3) A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.

(4) If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the GLRO in respect of the printing of the election booklet, the GLRO shall—

(a) divide the amount of the excess between the candidates in equal shares, and

(b) send to each candidate a payment in respect of his share.

Payments by Secretary of State U.K.

10 Except so far as they are met by payments under paragraph 9 above, the expenses incurred by the GLRO in consequence of the relevant provisions shall be met by the Secretary of State.

Candidates’ election expenses U.K.

11 (1) The amount of any payment made by a candidate under paragraph 9 above (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part II of the 1983 Act (the election campaign), to be an amount of election expenses incurred by the candidate in relation to the election.

(2) Nothing in section 75(1) of the 1983 Act (restriction on third party election expenditure) shall be taken to apply, in relation to any candidate, to any expenses incurred by the GLRO in consequence of the relevant provisions.”

Marginal Citations

M6 1983 c. 2.

Section 15.

SCHEDULE 6 U.K. Minor and consequential amendments

City of London (Various Powers) Act 1957 (c. x) E+W

1 (1) Section 8 of the City of London (Various Powers) Act 1957 (manner of voting at ward elections) is amended as follows. E+W

(2) In subsection (1) (application of provisions of 1983 Act), after the entry relating to section 3 of the 1983 Act insert—

“section 3A (disfranchisement of offenders detained in mental hospitals);”.

(3) In subsection (2) (application of provisions about absent voting), for “sections 5 to 9 and 12(3) and (4) of the Representation of the People Act 1985” substitute “ Schedule 4 to the Representation of the People Act 2000 ”.

(4) In subsections (4) and (5) (supplementary provisions), for “1985” (wherever occurring) substitute “ 2000 ”.

Commencement Information

I41 Sch. 6 para. 1 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

European Parliamentary Elections Act 1978 (c. 10) U.K.

2 (1) Paragraph 4 of Schedule 2 to the European Parliamentary Elections Act 1978 (electoral regions in England) is amended as follows.

(2) In sub-paragraph (1) (Secretary of State to consider after 16th February in each pre-election year whether ratio of registered electors to MEPs is the same in each region), for “16th February” substitute “ 1st May ”.

(3) In sub-paragraph (3) (numbers of registered electors to be considered by Secretary of State as at 16th February), for “16th February” substitute “ 1st May ”.

(4) After sub-paragraph (5) insert—

“(5A) Each registration officer shall notify the Secretary of State, by 28th May in each pre-election year, of the number of persons whose names appear, on 1st May in that year, in any relevant register maintained by the registration officer (other than persons falling within paragraphs (a) and (b) of sub-paragraph (4)).”

Commencement Information

I42 Sch. 6 para. 2 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

The 1983 Act U.K.

3 U.K. The 1983 Act is amended as follows.

Commencement Information

I43 Sch. 6 para. 3 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

4 U.K. In section 29(4C) (orders governing charges by returning officers), at the end add “ ; and any such order may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit. ”

Commencement Information

I44 Sch. 6 para. 4 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

5 U.K. After section 65 insert—

“65A False statements in nomination papers etc.

(1) A person is guilty of a corrupt practice if, in the case of any relevant election, he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election—

(a) a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or

(b) anything which purports to be the signature of an elector who proposes, seconds or assents to, the nomination of such a candidate but which he knows—

(i) was not written by the elector by whom it purports to have been written, or

(ii) if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding, or (as the case may be) assenting to, that candidate’s nomination.

(2) In this section “relevant election” means—

(a) any parliamentary election, or

(b) any local government election in England or Wales.”

Commencement Information

I45 Sch. 6 para. 5 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

6 U.K. After section 66 insert—

“66A Prohibition on publication of exit polls.

(1) No person shall, in the case of an election to which this section applies, publish before the poll is closed—

(a) any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

(b) any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.

(2) This section applies to—

(a) any parliamentary election; and

(b) any local government election in England or Wales.

(3) If a person acts in contravention of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.

(4) In this section—

• “forecast” includes estimate;

• “publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means;

and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.”

7 E+W+S In section 95(7) (schools for parliamentary election meetings not to include private dwelling house), omit “house”.

Commencement Information

I46 Sch. 6 para. 7 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

8 U.K. In section 108(4) (premises not to be used as committee rooms), omit “house”.

Commencement Information

I47 Sch. 6 para. 8 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

9 U.K. In section 202(1) (general interpretation)—

(a) in the definition of “the absent voters list”, after “kept under” insert “ paragraph 5 of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, under ”; and

(b) in the definition of “the list of proxies”, after “given by” insert “ paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, by ”.

Commencement Information

I48 Sch. 6 para. 9 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

10 (1) Schedule 1 (parliamentary elections rules) is amended as follows. U.K.

(2) In rule 5(2) (notice of election to state date by which applications for postal votes etc. are to be made), after “by which” insert “ (except in such circumstances as may be prescribed) ”.

(3) For rule 24 substitute—

“24 The returning officer shall, in accordance with regulations, issue to those entitled to vote by post a ballot paper and a declaration of identity in the prescribed form, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed.”

(4) In rule 45 (the count)—

(a) after paragraph (1A) insert—

“(1B) A postal ballot paper shall not, in England, Wales or Scotland, be taken to be duly returned unless—

(a) it is returned in the prescribed manner and reaches the returning officer or a polling station in the constituency before the close of the poll, and

(b) the declaration of identity, duly signed and authenticated, is also returned in the prescribed manner and reaches him or such a polling station before that time.”; and

(b) in paragraph (2), after “shall not” insert “ , in Northern Ireland, ”.

Commencement Information

I49 Sch. 6 para. 10 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

11 (1) Schedule 2 (provisions which may be contained in regulations as to registration) is amended as follows. U.K.

(2) In paragraph 5A (applications for postal voting etc.)—

(a) in sub-paragraph (1), after “applications under” insert “ paragraph 3 or 4 of Schedule 4 to the Representation of the People Act 2000 or ”;

(b) in sub-paragraph (2), after “applying under” insert “ paragraph 4 of Schedule 4 to the Representation of the People Act 2000 or ”; and

(c) in sub-paragraph (4), after “kept under” insert “ paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 or ”.

(3) In paragraph 12 (voting by post), for the words from “the proceedings” to “and provisions” substitute “the arrangements to be made in relation to the issue and receipt of, and for subsequently dealing with, ballot papers for postal voting, including provisions—

(a) authorising replacement ballot papers to be issued in any prescribed circumstances;

(b) as to the proceedings in connection with the issue and receipt of ballot papers and, in particular—

(i) the persons who are to be entitled, or may be allowed, to attend, and

(ii) the rights and obligations of persons attending;

(c)”.

(4) In paragraph 13(1) (offences)—

(a) for the words from “imposing” to “convicted—” substitute “ making it an offence (punishable on summary conviction by a fine not exceeding level 3 on the standard scale) for a person— ”; and

(b) for “of having” (in both places) substitute “ to have ”.

Commencement Information

I50 Sch. 6 para. 11 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Representation of the People Act 1985 (c. 50) U.K.

12 U.K. The Representation of the People Act 1985 is amended as follows (but paragraphs 13 to 17 have effect in relation to Northern Ireland only).

Commencement Information

I51 Sch. 6 para. 12 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

13 (1) Section 5 (manner of voting) is amended as follows. N.I.

(2) In subsection (1), omit “or local government”.

(3) In subsection (5), omit “or, as the case may be, electoral area”.

(4) After subsection (5) insert—

“(5A) Nothing in the preceding provisions of this section applies to—

(a) a person to whom section 7 of the principal Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, or

(b) a person to whom section 7A of that Act (persons remanded in custody) applies,

whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).”

(5) In subsection (6), omit “or local government” (wherever occurring).

(6) For subsection (7) substitute—

“(7) In this section and sections 6 to 9 of this Act “appropriate rules” means the parliamentary elections rules.”

Commencement Information

I52 Sch. 6 para. 13 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

14 (1) Section 6 (absent vote at elections for an indefinite period) is amended as follows. N.I.

(2) In subsection (1)—

(a) omit “, at local government elections or at both”; and

(b) in paragraph (a), for “elections to which the application relates” substitute “ parliamentary elections ”.

(3) In subsection (2), omit—

(a) “or local government”, and

(b) paragraph (aa),

and, in paragraph (c), after “his spouse,” insert “ or by reason of his attendance on a course provided by an educational institution or that of his spouse, ”.

(4) Omit subsection (2A).

(5) In subsection (3), omit paragraph (a).

(6) In subsection (4), after “in pursuance of” insert “ a declaration of local connection or ”.

Commencement Information

I53 Sch. 6 para. 14 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

15 (1) Section 7 (absent vote at a particular election and absent voters list) is amended as follows. N.I.

(2) In subsection (1), omit—

(a) “or local government”; and

(b) in paragraph (b), “or, as the case may be, local government”.

(3) For subsection (2) substitute—

“(2) Subsection (1) above does not apply to a person who is included in the record kept under section 6 of this Act, but such a person may, in respect of a particular parliamentary election, apply to the registration officer—

(a) for his ballot paper to be sent to a different address in the United Kingdom, or

(b) to vote by proxy,

if he is shown in the record so kept as voting by post at parliamentary elections.”

(4) In subsection (4)—

(a) omit “or local government”; and

(b) in each of paragraphs (a) and (b), for “elections of the kind in question” substitute “ parliamentary elections ”.

Commencement Information

I54 Sch. 6 para. 15 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

16 (1) Section 8 (proxies at elections) is amended as follows. N.I.

(2) In subsection (1), omit “or local government”.

(3) Omit subsection (3A).

(4) In subsection (4), omit “or local government”.

(5) In subsection (5), omit “, or at the same local government election in any electoral area,”.

(6) In subsection (6)—

(a) omit “, at local government elections or at both”; and

(b) in paragraph (a), for “electors for elections in respect of which the application is made” substitute “ parliamentary electors ”.

(7) In subsection (7), omit—

(a) “or local government”; and

(b) in paragraph (a) “or, as the case may be, local government”.

(8) For subsection (9) substitute—

“(9) The appointment may be cancelled by the elector by giving notice to the registration officer, and shall also cease to be in force on the issue of a proxy paper appointing a different person to vote for him at any parliamentary election or elections (whether in the same constituency or elsewhere).”

Commencement Information

I55 Sch. 6 para. 16 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

17 (1) Section 9 (voting as proxy) is amended as follows. N.I.

(2) In each of subsections (1) and (3), omit “or local government”.

(3) In subsection (4), omit—

(a) “, at local government elections or at both”; and

(b) in paragraph (a), “, or electoral area,”;

and in paragraph (b) for “the same area” substitute “ the same ward ”.

(4) Omit subsection (5).

(5) In subsection (6), omit paragraph (a) (including the final “and”).

(6) In subsection (7), omit “or, as the case may be, electoral area”.

(7) In subsection (8), omit “in respect of elections of the kind in question”.

(8) In subsection (9), omit—

(a) “or local government”; and

(b) in paragraph (a), “in respect of elections of the kind in question”.

(9) In subsection (10)—

(a) in paragraph (a), omit “, local government electors or both (as the case may be)”; and

(b) in paragraph (b), for “elections of the kind in question” substitute “ parliamentary elections ”.

(10) In subsection (11), in paragraph (b), omit “, or electoral area,”.

Commencement Information

I56 Sch. 6 para. 17 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

18 U.K. In section 27(2) (application of provisions of 1983 Act)—

(a) for “sections 5, 6 and 7(1)” substitute “ sections 5 to 7A ”; and

(b) for “sections 1 and 2” substitute “ section 4 ”.

Commencement Information

I57 Sch. 6 para. 18 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Finance Act 1996 (c. 8) U.K.

19 U.K. In section 200 of the Finance Act 1996 (domicile for tax purposes of overseas electors), in subsection (3)(a), for the words from “mentioned in” to “section 1” substitute “ of parliamentary electors in pursuance of such a declaration as is mentioned in section 1(1)(a) ”.

Commencement Information

I58 Sch. 6 para. 19 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Section 15.

SCHEDULE 7 U.K. Repeals

Part I U.K. Repeals extending to whole of the United Kingdom

Commencement Information

I59 Sch. 7 Pt. I wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Chapter	Short title	Extent of repeal
1983 c. 2.	Representation of the People Act 1983.	Sections 11 and 12.
		In section 15(7), the words from “and (subject” onwards.
		In section 16, in paragraph (b) the words from “where” to “such a member,”, paragraph (c), and in paragraph (d) the words “will be or”.
		Section 49(1) and (2).
		In section 53(1)(a), the words “the electors lists or”.
		In section 56, subsection (1)(d), and in subsection (4) the words “electors lists or”.
		In section 76(2), the words “to be used at the election (as first published)” (wherever occurring).
		In section 108(4), “house”.
		In Schedule 1, in the Appendix of Forms, in the form of nomination paper, note 3 and in note 5 the words “electors lists”.
1985 c. 50.	Representation of the People Act 1985.	Section 4(1) to (3).
		Section 11(b) (except the final “and”).
		In Schedule 2, paragraph 5 and Part II.
		In Schedule 3, paragraphs 1 and 11.
		In Schedule 4, paragraphs 2, 3, 13(a), 17, 18 and 78.
1989 c. 3.	Elected Authorities (Northern Ireland) Act 1989.	Section 11(8).
		In section 13(7), the words “, except section 11(8),”.
1989 c. 28.	Representation of the People Act 1989.	Sections 1 to 4.
1990 c. 32.	Representation of the People Act 1990.	The whole Act.
1994 c. 19.	Local Government (Wales) Act 1994.	In Schedule 16, paragraph 74(1).
S.I. 1995/1948.	Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995.	Regulation 4(1).
		In Schedule 2, paragraph 3(a) and (c) (except the final “and”) and paragraph 4(a).
1999 c. 1.	European Parliamentary Elections Act 1999.	In Schedule 3, paragraph 3.

Part II E+W+S Repeals extending to England, Wales and Scotland

Commencement Information

I60 Sch. 7 Pt. II wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Chapter	Short title	Extent of repeal
1983 c. 2.	Representation of the People Act 1983.	In section 95(7), the word “house”.
1985 c. 50.	Representation of the People Act 1985.	Sections 5 to 9.

Part III N.I. Repeals extending to Northern Ireland only

Commencement Information

I61 Sch. 7 Pt. III wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art 2(3-5))

Chapter	Short title	Extent of repeal
1985 c. 50.	Representation of the People Act 1985.	In section 5— (a) in each of subsections (1) and (6), the words “or local government” (wherever occurring), and (b) in subsection (5), the words “or, as the case may be, electoral area”.
		In section 6— (a) in subsection (1), the words “, at local government elections or at both”, (b) in subsection (2), the words “or local government” and paragraph (aa), and (c) subsections (2A) and (3)(a).
		In section 7— (a) in each of subsections (1) and (4), the words “or local government”, and (b) in subsection (1)(b), the words “or, as the case may be, local government”.
		In section 8— (a) in each of subsections (1), (4) and (7), the words “or local government”, (b) subsection (3A), (c) in subsection (5), the words “, or at the same local government election in any electoral area,”, (d) in subsection (6), the words “at local government elections or at both”, and (e) in subsection (7)(a), the words “or, as the case may be, local government”.
		In section 9— (a) in each of subsections (1), (3) and (9), the words “or local government”, (b) in subsection (4), the words “, at local government elections or at both” and, in paragraph (a), “, or electoral area,”, (c) subsection (5), (d) in subsection (6), paragraph (a) (including the final “and”), (e) in subsection (7), the words “or, as the case may be, electoral area”, (f) in each of subsections (8) and (9)(a), the words “in respect of elections of the kind in question”, (g) in subsection (10)(a), the words “local government electors or both (as the case may be)”, and (h) in subsection (11), the words “, or electoral area,”.
1989 c. 3.	Elected Authorities (Northern Ireland) Act 1989.	Section 11(1).
		In Part II of Schedule 1, paragraphs 9 to 11.