C12 Part I Parliamentary and Local Government Franchise and its Exercise
Place and manner of voting at parliamentary elections
F1C118Polling districts and places at parliamentary elections.
C2C3C41
Every constituency shall be divided into polling districts and subject to the provisions of this section there shall be a polling place designated for each polling district.
C52
In England F2. . . it is the duty of the council of each district or London borough F3, and in Wales it is the duty of the council of each county or county borough, to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area, and to designate the polling places for those polling districts, and to keep the polling districts and polling places under review, in accordance with the following rules—
a
the council shall exercise the powers conferred by this section with a view to giving all electors in so much of the constituency as falls within their area such reasonable facilities for voting as are practicable in the circumstances F4and, in particular, they shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled;
b
F5. . . , each parish or community shall in the absence of special circumstances be a separate polling district or districts;
c
the polling place for any polling district shall be an area in that district, except where special circumstances make it desirable to designate an area wholly or partly outside the polling district, and shall be small enough to indicate to electors in different parts of the polling district how they will be able to reach the polling station;
d
a polling place need not be designated for any polling district, if the size and other circumstances of the district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
C63
In Scotland it is the F6duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts, and to keep the polling districts and polling places under review in accordance with the following rules—
a
the F7local authority shall exercise the powers conferred by this section with a view to giving all electors in F8so much of the constituency as falls within their area such reasonable facilities for voting as are practicable in the circumstances F9and, in particular, F10the local authority shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled;
b
F11each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area, shall, in the absence of special circumstances, be a separate polling district or districts;
c
the polling place for any polling district shall be an area in that district, except where special circumstances make it desirable to designate an area wholly or partly outside the polling district, and shall be small enough to indicate to electors in different parts of the polling district how they will be able to reach the polling station;
d
a polling place need not be designated for any polling district, if the size and other circumstances of the district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
4
In the case of a polling district for which no polling place is designated the polling district shall be taken to be the polling place for the purposes of this Act.
5
If F12. . . not less than 30 electors in a constituency make a representation to F13the Electoral Commission that the powers conferred by this section have not been exercised so as to meet the reasonable requirements of the electors in the constituency or any body of those electors, F13the Electoral Commission shall consider the representation and may, if F14they think fit—
a
b
if the council F15. . . fails to make those alterations within a month after the direction is given, himself make the alterations,
and any alterations made by F13the Electoral Commission under this subsection shall have effect as if they had been made by the council F15. . ..
In this subsection the expression “interested authority”, in relation to any constituency, means—
i
as respects England, the council or where there is no such council the parish meeting of a parish which is wholly or partly situated within the constituency;
ii
as respects Wales, the council of a community which is so situated;
F16iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
On the exercise of any power given by this section, the council F17. . . —
a
shall publish in the constituency a notice showing the boundaries of any polling districts or polling places constituted as a result of the exercise of the power; F18
F19b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C7C47
Subsections (2) to (6) above do not apply to Northern Ireland, and in Northern Ireland the polling districts and polling places are those for the time being established under the law relating to F20local elections within the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.
F218
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.
C8C9C49
An election shall not be questioned by reason of—
a
any noncompliance with the provisions of this section; or
b
any informality relative to polling districts or polling places.
18AF24Polling districts at parliamentary electionsF28: Great Britain
C101
Every constituency is to be divided into polling districts.
2
A relevant authority must—
a
divide its area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in its area, and
b
keep the polling districts under review.
3
The following rules apply—
a
the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
b
in England, each parish is to be a separate polling district;
c
in Wales, each community is to be a separate polling district;
d
in Scotland, each electoral ward (within the meaning of section 1 of the Local Governance (Scotland) Act 2004) is to be divided into two or more separate polling districts.
4
Subsection (3)(b) to (d) does not apply if, in any case, there are special circumstances.
5
If an alteration of polling districts in an area is made under this section—
a
the registration officer who acts for the area must make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration, and
b
the alteration is effective on the date on which the registration officer publishes a notice stating that the adaptations have been made by him.
F266
This section does not apply to Northern Ireland.
C1318AAF27Polling districts at parliamentary elections: Northern Ireland
1
Every constituency in Northern Ireland is to be divided into polling districts.
2
The Secretary of State must—
a
divide Northern Ireland into polling districts for the purpose of parliamentary elections, and
b
keep the polling districts under review.
3
The Secretary of State must seek to ensure that all electors in Northern Ireland have such reasonable facilities for voting as are practicable in the circumstances.
4
Before dividing Northern Ireland into polling districts under subsection (2)(a) or completing a review under subsection (2)(b), the Secretary of State must consult—
a
the Electoral Commission, and
b
any other person the Secretary of State considers appropriate.
5
If an alteration of polling districts is made under this section—
a
the Chief Electoral Officer for Northern Ireland must make such adaptations of the registers of parliamentary electors maintained by that officer as are necessary to take account of the alteration, and
b
the alteration is effective on the date on which the Chief Electoral Officer publishes a notice stating that the adaptations have been made.
C1418BPolling places at parliamentary elections
1
A polling place is to be designated for each polling district in a constituency.
2
But subsection (1) does not apply if the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
3
A relevant authority must—
a
designate the polling places for the polling districts in its area, and
b
keep the polling places in its area under review.
4
The following rules apply—
a
the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
b
the authority must seek to ensure that so far as is reasonable and practicable every polling place for which it is responsible is accessible to electors who are disabled;
c
the authority must have regard to the accessibility to disabled persons of potential polling stations in any place which it is considering designating as a polling place or the designation of which as a polling place it is reviewing;
d
the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district;
e
the polling place for a polling district must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station.
5
If no polling place is designated for a polling district the polling district is to be taken to be the polling place.
18CReview of polling districts and placesF29: Great Britain
F251
A relevant authority must during each compulsory review period carry out and complete—
a
a review under section 18A of all the polling districts in its area, and
b
a review under section 18B of all the polling places in its area.
2
The compulsory review periods are—
a
the period of 16 months beginning with 1st October 2013, and
b
the period of 16 months beginning with 1st October of every fifth year after that.
3
Subsection (1) does not prevent a relevant authority carrying out a review of some or all of the polling districts or polling places in its area at other times.
6
Schedule A1 has effect in relation to a review.
F317
This section does not apply to Northern Ireland.
18CAF30Review of polling places: Northern Ireland
1
The Chief Electoral Officer for Northern Ireland must, during each compulsory review year, carry out and complete a review under section 18B of all the polling places in Northern Ireland.
2
The compulsory review years are 2014 and every fifth year after that.
3
Subsection (1) does not prevent the Chief Electoral Officer carrying out a review under section 18B of some or all of the polling places in Northern Ireland at other times.
4
Subsection (1) does not require the Chief Electoral Officer to carry out and complete a review of all the polling places in Northern Ireland during a compulsory review year if reviews under section 18B of all those polling places are completed during the previous year.
5
Schedule A1, except paragraphs 2 and 3, has effect in relation to a review under section 18B of polling places in Northern Ireland.
C1518DReview of polling districts and places: representations to Electoral Commission
1
This section applies if in relation to a constituency in the area of a relevant authority a relevant representation is made to the Electoral Commission by—
a
an interested authority in England and Wales;
b
not less than 30 electors in the constituency;
c
a person (other than the returning officer) who has made representations under Schedule A1;
d
a person who is not an elector in a constituency in the authority's area but who the Commission think has sufficient interest in the accessibility of disabled persons to polling places in the area or has particular expertise in relation to the access to premises or facilities of disabled persons.
2
A relevant representation is a representation that a review under section 18A or 18B has not been conducted by a relevant authority so as to—
a
meet the reasonable requirements of the electors in the constituency or any body of those electors, or
b
take sufficient account of the accessibility to disabled persons of polling stations within a designated polling place.
3
The returning officer for the constituency may make observations on representations made under this section.
4
The Electoral Commission must consider such representations and observations and may, if they think fit—
a
direct the relevant authority to make any alterations to the polling places designated by the review which the Commission think necessary in the circumstances;
b
if the authority fails to make the alterations before the end of the period of two months starting on the day the direction is given, make the alterations themselves.
5
Alterations made by the Electoral Commission under subsection (4) have effect as if they had been made by the relevant authority.
6
An interested authority in relation to a constituency in England and Wales is—
a
in England, the council of a parish, or where there is no such council the parish meeting of a parish, which is wholly or partly situated within the constituency;
b
in Wales, the council of a community which is so situated.
7
The reference in subsection (1)(b) to electors does not include persons who have an anonymous entry in the register of parliamentary electors or local government electors.
C1118ESections 18A to 18D: supplemental
1
This section applies for the purposes of sections 18A to 18D.
2
No election is to be questioned by reason of—
a
any non-compliance with the provisions of those sections, or
b
any informality relative to polling districts or polling places.
3
Each of the following is a relevant authority—
a
in relation to England, the council of a district or London borough;
b
in relation to Scotland, a local authority;
c
in relation to Wales, the council of a county or county borough;
F32d
in relation to Northern Ireland, the Chief Electoral Officer for Northern Ireland.
F334
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Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)