Representation of the People Act 1985

[F1 20 Demise of the Crown and parliamentary elections etc U.K.

(1) Subject to what follows, the demise of the Crown does not affect any proclamation [F2 dissolving Parliament or] summoning a new Parliament issued before the demise F3 ... (or any other matter relating to a parliamentary election or the summoning of a new Parliament).

(2) Subsections (3) to [F4 (6A)] apply if the demise occurs [F5 at any time between the dissolution of Parliament and the polling day for the next parliamentary general election (“the current election”),] and any relevant writ, notice or other document is to be issued or, if already issued, read accordingly.

(3) In relation to the current election, for the purposes of the timetable in rule 1 in Schedule 1 to the principal Act—

(a) the polling day shall be—

(i) the 14th day after the day which would otherwise have been the polling day, or

(ii) if the 14th day is not a working day, the next working day after the 14th day;

(b) any working day within the period of 13 days beginning with the day after the demise—

(i) shall be disregarded in computing any period of time, and

(ii) shall not be treated as a day for the purpose of any proceedings before the polling day.

[F6 (3A) But the Sovereign may by royal proclamation, made on the advice of the Privy Council, appoint an alternative polling day, in place of the day that would otherwise have been the polling day under subsection (3)(a) (“the subsection (3)(a) polling day”), which may be—

(a) no earlier than the 7th day before the subsection (3)(a) polling day, and

(b) no later than the 7th day after the subsection (3)(a) polling day.

(3B) If an alternative polling day is appointed under subsection (3A), subsection (3) applies as if—

(a) for paragraph (a) there were substituted—

“(a) the polling day shall be the day appointed by the proclamation under subsection (3A);”;

(b) in paragraph (b)—

(i) in a case where the alternative polling day is before the subsection (3)(a) polling day, for “13 days” there were substituted “x days” where x is 13 minus the number of days that the alternative polling day is before the subsection (3)(a) polling day;

(ii) in a case where the alternative polling day is after the subsection (3)(a) polling day, for “13 days” there were substituted “y days” where y is 13 plus the number of days that the alternative polling day is after the subsection (3)(a) polling day.]

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Section 76 of the principal Act shall have effect in relation to any candidate at the current election as if the maximum amount specified in subsection (2)(a) of that section were increased by one half.

(6) If the proclamation summoning the new Parliament after the current election was issued before the demise, the meeting of the new Parliament shall (subject to any prorogation subsequent to the demise) take place—

(a) on the 14th day after the day appointed in the proclamation for the meeting, or

(b) if the 14th day is not a working day, the next working day after the 14th day.

[F8 (6A) But the Sovereign may by royal proclamation, made on the advice of the Privy Council, appoint an alternative day for the meeting of the new Parliament, in place of the day that would otherwise have been the day for the meeting of the new Parliament under subsection (6).]

(7) If the demise occurs within the period of seven days before the day of the dissolution of a Parliament [F9 , subsections (2) to (6A)] have effect as if the demise occurred on that day.

(8) In this section “working day” means any day other than one to which rule 2 in Schedule 1 to the principal Act applies in relation to the current election (or would have applied had it fallen before the polling day).]

Textual Amendments

F1 S. 20 substituted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 16 (with s. 6)

F2 Words in s. 20(1) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(2)(a)

F3 Words in s. 20(1) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(2)(b)

F4 Word in s. 20(2) substituted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(3)(a)

F5 Words in s. 20(2) substituted for s. 20(2)(a)(b) (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(3)(b)

F6 S. 20(3A)(3B) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(4)

F7 S. 20(4) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(5)

F8 S. 20(6A) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(6)

F9 Words in s. 20(7) substituted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(7)