Representation of the People Act 1983

Supplemental provisions as to local government elections U.K.

46 Further provision as to local election voting [F1 in England]. W

(1) At a local government election for any electoral area no person shall as an elector and no person shall as proxy for any one elector—

(a) give more than one vote for any one candidate; or

(b) give more votes in all than the total number of councillors to be elected for the electoral area [F2 in England].

[F3 but this subsection does not apply in relation to Authority elections (where the votes allowed to be given are as specified in the applicable provisions of section 4, 10 or 16 of the 1999 Act).]

(2) No person is subject to any incapacity to vote at a local government election [F4 in England] by reason of his being or acting as returning officer at that election.

Textual Amendments

F1 Words in s. 46 heading inserted (6.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(6)(c), Sch. 2 para. 2(9)(c)

F2 Words in s. 46(1) inserted (6.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(6)(c), Sch. 2 para. 2(9)(a)

F3 Words in s. 46(1) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 8 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F4 Words in s. 46(2) inserted (6.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(6)(c), Sch. 2 para. 2(9)(b)

Modifications etc. (not altering text)

C1 S. 46 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1

[F5 46A Further provision as to local election voting in Wales E+W

(1) Subsection (2) applies to a local government election for an electoral area in Wales where a simple majority system applies.

(2) An elector or person acting as proxy for an elector—

(a) may not give more than one vote for any one candidate;

(b) may not give more votes in all than the total number of councillors to be elected for the electoral ward.

(3) Subsection (4) applies to an election for an electoral ward of a county council or county borough council in Wales where a single transferable vote system applies.

(4) An elector or a person acting as proxy for an elector may not give more than one vote (whether as first preference or any subsequent preference) for any one candidate.

(5) No person is subject to an incapacity to vote at a local government election in Wales by reason of the fact that the person is, or is acting as, the returning officer at that election.]

Textual Amendments

F5 S. 46A inserted (E.W.) (6.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(6)(c), Sch. 2 para. 2(10)

47 Loan of equipment for local elections. U.K.

(1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament, may, on request, be lent to the returning officer at a local government election on such terms and conditions as [F6 the Electoral Commission] may determine.

(2) Any ballot boxes, fittings and compartments provided by or belonging to—

(a) a local authority within the meaning of the M1 Local Government Act 1972, or

(b) a local authority within the meaning of the M2 Local Government (Scotland) Act 1973.

as the case may be, shall, on request, and if not required for immediate use by that authority, be lent to the returning officer at an election held under those Acts F7 . . . on such terms and conditions as may be agreed.

Textual Amendments

F6 Words in s. 47(1) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 6(4) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F7 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(7) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

Modifications etc. (not altering text)

C2 S. 47 applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2, Sch. 4 (subject to regs. 9-12, 15-17, 20, 25)

S. 47 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 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 47 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 10, Sch. 4 (which S.I. was revoked by S.I. 2008/1848)

S. 47 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2

S. 47 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C3 S. 47 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1 (as amended (6.4.2014) by S.I. 2014/370, art. 6(3))

C4 S. 47 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C5 S. 47 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1

C6 S. 47 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 (with reg. 27)

C7 S. 47 applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C8 S. 47 applied (with modifications) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), reg. 17, Sch. 8 Table 1 (as inserted (E.W.) (6.4.2013) by S.I. 2013/798, regs. 1, 7, Sch. 3)

C9 S. 47 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 6 (with Sch. 1 para. 1(3))

C10 S. 47(1): functions of the Treasury under s. 47(1) transferred to the Secretary of State by S.I. 1991/1728, art.2.

S. 47(1) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.

48 Validity of local elections, and legal costs. U.K.

(1) No local government election shall be declared invalid by reason of any act or omission of the returning officer or any other person in breach of his official duty in connection with the election or otherwise of rules under section 36 [F8 , section 36A] or section 42 above if it appears to the tribunal having cognizance of the question that—

(a) the election was so conducted as to be substantially in accordance with the law as to elections; and

(b) the act or omission did not affect its result.

(2) A local government election, unless questioned by an election petition within the period fixed by law for those proceedings, shall be deemed to have been to all intents a good and valid election.

(3) The council which is required to pay the expenses properly incurred by a returning officer in relation to any local government election may treat those expenses as including all costs properly incurred by the returning officer in connection with or in contemplation of any legal proceedings arising out of the election (including any criminal proceedings against the returning officer), whether or not the proceedings are in fact instituted.

[F9 (3A) In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.]

(4) In Scotland the election of a member of a local authority shall not be affected by reason only of any nullity or irregularity in the election of any other member of the authority.

Textual Amendments

F8 Words in s. 48(1) inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 2(11)

F9 S. 48(3A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 9 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

Modifications etc. (not altering text)

C11 S. 48 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1