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Representation of the People Act 1983

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Representation of the People Act 1983, Section 138 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act Representation of the People Acts amended by 1985 c. 50 Sch. 1 para. 24
  • Act power to amend conferred by 2009 c. 12 s. 34(3)(b) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 9(2A) inserted by 2021 asc 1 s. 18(2)
  • s. 9(2A) inserted by 2024 asc 5 s. 4(2)
  • s. 9E(1A) inserted by 2021 asc 1 s. 18(4)
  • s. 9E(1A) inserted by 2024 asc 5 s. 4(3)
  • s. 9ZA inserted by 2021 asc 1 s. 18(3)
  • s. 9ZA inserted by 2024 asc 5 s. 3(2)
  • s. 10(4C) (4D) inserted by 2009 c. 12 s. 33(3)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 10A(1C) (1D) inserted by 2009 c. 12 s. 33(5)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 10ZE(2A) inserted by 2021 asc 1 s. 18(5)(a)
  • s. 10ZE(4A) inserted by 2021 asc 1 s. 18(5)(c)
  • s. 10ZE(5A)-(5C) inserted by 2021 asc 1 s. 18(5)(d)
  • s. 13A(1)(zc) inserted by 2021 asc 1 s. 18(6)
  • s. 13A(1)(zc) inserted by 2024 asc 5 s. 4(4)
  • s. 13A(2C) (2D) inserted by 2009 c. 12 s. 33(6)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 53(8A) inserted by 2024 asc 5 s. 4(7)
  • s. 56(1)(azaa) inserted by 2021 asc 1 s. 18(9)
  • s. 56(1)(azaa) inserted by 2024 asc 5 s. 4(8)
  • s. 63(3)(ba) inserted by 2006 c. 22 s. 7 (This amendment not applied to legislation.gov.uk. S. 7 repealed (2.4.2013) without ever being in force by 2013 c. 6, s. 23; S.I. 2013/702, art. 3(e))
  • s. 81(4A) (4B) inserted by 2006 asp 14 s. 19(2)
  • s. 113(7)(b)(c) inserted by 2011 c. 1 Sch. 10 para. 15(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 114(4) inserted by 2011 c. 1 Sch. 10 para. 16 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 115(3) inserted by 2011 c. 1 Sch. 10 para. 17 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 139(6A) inserted by 2011 c. 1 Sch. 10 para. 19(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 165(3A) inserted by 2011 c. 1 Sch. 10 para. 20 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 201(2B) inserted by 2009 c. 12 s. 33(9) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 1 rule 37A inserted by 2011 c. 1 s. 9(1) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
  • Sch. 1 rule 45A 45B inserted by 2011 c. 1 s. 9(2) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
  • Sch. 1 rule 46(3) inserted by 2011 c. 1 Sch. 10 para. 5(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(3A)(3B) inserted by 2011 c. 1 Sch. 10 para. 6(4) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 40(1B)(a) repealed by 2006 c. 22 Sch. 2
  • Sch. 1 rule 18 substituted by 2011 c. 1 Sch. 10 para. 2 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(4)(d) substituted by 2011 c. 1 Sch. 10 para. 6(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(2)(c) substituted by 2011 c. 1 Sch. 10 para. 10(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 62 substituted by 2011 c. 1 Sch. 10 para. 11(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1)(aa)(b) substituted for Sch. 1 rule 47(1)(b) by 2011 c. 1 Sch. 10 para. 6(2)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(2)-(2E) substituted for Sch. 1 rule 47(2) by 2011 c. 1 Sch. 10 para. 6(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(4)(aa)(b) substituted for Sch. 1 rule 47(4)(b) by 2011 c. 1 Sch. 10 para. 6(5)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 49 49A substituted for Sch. 1 rule 49 by 2011 c. 1 Sch. 10 para. 7 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 50(1)(a)(aa)(ab)(b)(c) substituted for Sch. 1 rule 50(1)(a)-(c) by 2011 c. 1 Sch. 10 para. 8 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(2)(a)(aa) substituted for Sch. 1 rule 61(2)(a) by 2011 c. 1 Sch. 10 para. 10(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 46(1)(1A) substituted for rule 46(1) by 2011 c. 1 Sch. 10 para. 5(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 46(2) words inserted by 2011 c. 1 Sch. 10 para. 5(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47 heading words inserted by 2011 c. 1 Sch. 10 para. 6(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 29(5) words substituted by 2011 c. 1 Sch. 10 para. 3 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 44(5) words substituted by 2011 c. 1 Sch. 10 para. 4 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(c) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1)(d) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 53(4) words substituted by 2011 c. 1 Sch. 10 para. 9 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(1) words substituted by 2011 c. 1 Sch. 10 para. 10(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 2 para. 1A(1)(aa) inserted by 2024 asc 5 s. 4(9)(a)
  • Sch. 2 para. 1C inserted by 2024 asc 5 s. 4(9)(b)
  • Sch. 2 para. 10(3) inserted by 2024 asc 5 s. 4(9)(c)
  • Sch. 2 para. 10B(4) inserted by 2024 asc 5 s. 4(9)(d)
  • Sch. 2 para. 1(4ZA)-(4ZC) inserted by 2009 c. 12 s. 33(10)(a) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 2 para. 1(6A) inserted by 2009 c. 12 s. 33(10)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 2 para. 5C inserted by 2022 c. 37 Sch. 4 para. 5
  • Sch. 4A para. 14A(1)(c) inserted by 2024 asc 5 s. 34(1)(a)

138 List of petitions.U.K.

(1)The prescribed officer shall—

(a)as soon as may be, make out a list of all election petitions at issue presented to the court of which he is officer, placing them in the order in which they were presented, and

(b)keep at his office a copy of the list, open to inspection in the prescribed manner,

and the petitions questioning elections under the local government Act shall be in a separate list F1. . ..

(2)The petitions shall, so far as convenient, be tried in the order in which they stand in the list.

(3)In the case of a petition questioning an election under the local government Act, two or more candidates may be made respondents to the same petition, and their cases may be tried at the same time, but for the purposes of this Part of this Act the petition shall be deemed to be a separate petition against each respondent.

(4)Where more petitions than one are presented relating to the same election or to elections under the local government Act held at the same time for more than one electoral area in the same local government area, all those petitions shall be bracketed together in the election list and shall be dealt with as one petition, standing, unless the High Court otherwise direct, in the election list in the place where the last of them would have stood if it had been the only petition presented.

(5)Subsections (1), (2) and (4) above do not apply in relation to petitions questioning an election of councillors in Scotland but where two or more of those petitions are presented relating to the same election they shall be tried together.

Textual Amendments

Modifications etc. (not altering text)

C1S. 138 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C2S. 138 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 138 applied (with modifications) (N.I.) (4.5.1996) by Elections (Northern Ireland) Order 1996 (S.I. 1996/1220), art. 3(1)(b)(5)-(8), Sch. 1

S. 138 applied (with modifications) (11.3.1999) by The Scottish Parliament (Elections etc.) Order 1999 (S.I. 1999/787), art. 85(1)(2), Sch. 6 Pt. I (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))

S. 138 applied (with modifications) (2.4.2001) by The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298), reg. 19(8), Sch. 6

S. 138 applied (with modifications) (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 81, Sch. 6 Pt. I (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))

S. 138 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 15(8), Sch. 5 (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 138 applied (with modifications) (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 83, Sch. 6 Pt. I

S. 138 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), reg. 15, Sch. 6

C4S. 138 applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C5S. 138 applied (with modifications) (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 84(1)(3), Sch. 6 Pt. 1 (with art. 1(2)(3))

C8S. 138 applied (with modifications) (S.) (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), arts. 1(1), 82(1)(3), Sch. 6 Pt. 1 (with art. 1(2))

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