SCHEDULES
F344SCHEDULE ZA1Civil penalties under section 9E
Introduction
1
This Schedule is about civil penalties under section 9E.
Amount
2
The amount of a civil penalty is to be specified in regulations.
Procedure
3
1
The procedure for imposing a civil penalty on a person is to be set out in regulations.
2
The regulations must, in particular, require the registration officer to give the person written notice specifying—
a
the amount of the penalty,
b
the reasons for imposing it, and
c
the date by which and manner in which it is to be paid.
4
Regulations may specify steps that a registration officer must take before imposing a civil penalty.
Reviews and appeals
5
1
Regulations may give a person on whom a civil penalty is imposed—
a
a right to request a review of the decision to impose the penalty;
b
a right to appeal against the decision to the First-tier Tribunal.
2
Regulations under this paragraph may, in particular—
a
specify the grounds on which a person may request a review or appeal;
b
specify the time within which a person must request a review or appeal;
c
require a person to request a review before appealing;
d
make provision about the procedure for a review;
e
make further provision about reviews and appeals (including provision as to the powers available on a review or appeal).
Power to create exceptions
6
Regulations may specify circumstances in which—
a
a civil penalty may not be imposed, or
b
a civil penalty may be cancelled.
Accounts and record keeping
7
Regulations may impose duties on registration officers about the keeping of accounts and other records in connection with civil penalties.
Interest and enforcement etc.
8
Regulations may—
a
allow interest to be charged on a civil penalty that is paid late;
b
allow an additional penalty to be imposed for late payment.
9
In this Schedule “civil penalty” includes any interest or additional penalty.
10
Regulations may make provision about the recovery of civil penalties by registration officers.
11
A civil penalty received by a registration officer is to be paid into the Consolidated Fund.
Power to make further provision
12
Regulations may make further provision about civil penalties.
F278SCHEDULE A1Review of polling districts and polling places
Sch. A1 inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 16(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(c) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
1
The relevant authority must publish notice of the holding of a review.
2
The authority must consult the returning officer for every parliamentary election held in a constituency which is wholly or partly in its area.
3
1
Every such returning officer must make representations to the authority.
2
The representations must include information as to the location of polling stations (existing or proposed) within polling places (existing or proposed).
3
The representations must be published in such manner as is prescribed.
4
1
The authority must seek representations from such persons as it thinks have particular expertise in relation to access to premises or facilities for persons who have different forms of disability.
2
Such persons must have an opportunity—
a
to make representations;
b
to comment on the returning officer's representations.
5
Any elector in a constituency situated in whole or in part in the authority's area may make representations.
6
Representations made by any person in connection with a review of polling places may include proposals for specified alternative polling places.
7
On completion of a review the authority must—
a
give reasons for its decisions in the review;
b
publish such other information as is prescribed.
C180C181C182C183C226C184C228C227SCHEDULE 1
Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23
Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act
Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5
Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)
Sch. 1 modified (S.) by The Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111), regs. 2, 95, 96, 98(1)
Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)
Sch. 1 modified (E.W.) (23.3.2004) by The Representation of People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 8, Sch. 2 (as amended (22.5.2014) by S.I. 2014/920, regs. 1(1), 2(7), 3-6; (7.5.2015) by S.I. 2015/654, regs. 1(1), 2)
Sch. 1 modified (N.I.) (10.4.2001) by Elections Act 2001 (c. 7), s. 4, Sch. (as amended (16.12.2010) by S.I. 2010/2977, arts. 2(2), 6; and (15.9.2014) by S.I. 2014/1116, arts. 1(1), 9)
Part I Provisions as to Time
Timetable
C1C2C3C2121
The proceedings at the election shall be conducted in accordance with the following Table.
Timetable
Proceeding | Time |
|---|---|
Issue of Writ | In the case of a general election, as soon as practicable after the F290dissolution of Parliament by section 3(1) of the Fixed-term Parliaments Act 2011. |
In the case of a by-election, as soon as practicable after the issue of the warrant for the writ. | |
Publication of notice of election. | In the case of a general election or by-election, not later than 4 in the afternoon on the second day after that on which the writ is received. |
Delivery of nomination papers. | In the case of a general election, between the hours of 10 in the morning and 4 in the afternoon on any day after the date of publication of the notice of election, but not later than the sixth day after the date of the F291dissolution of Parliament by section 3(1) of the Fixed-term Parliaments Act 2011. |
In the case of a by-election, the same as in the case of a general election, except that the last day shall be a day fixed by the returning officer and shall be not earlier than the third day after the date of publication of the notice of election nor later than the seventh day after that on which the writ is received. | |
Delivery of notices of withdrawals of candidature. | Within the time for the delivery of nomination papers at the election. |
The making of objections to nomination papers. | In the case of a general election or a by-election, during the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following; but— |
(a) no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of the candidate unless made at or immediately after the time of the delivery of the nomination paper; and | |
(b) the foregoing provisions do not apply to objections made in pursuance of rule 15(2). | |
Publication of statement of persons nominated. |
|
Polling | In the case of a general election, between the hours of 7 in the morning and 10 at night on the F292day determined under section 1 of the Fixed-term Parliaments Act 2011 or appointed under section 2(7) of that Act. |
In the case of a by-election, between the hours of 7 in the morning and 10 at night on the day fixed by the returning officer, which shall not be earlier than the F31117th nor later than the F31219th day after the last day for delivery of nomination papers. |
Computation of time
C4C5C62
1
In computing any period of time for the purposes of the Timetable—
a
a Saturday or Sunday,
c
a day appointed for public thanksgiving or mourning,
shall be disregarded F293...
F2941A
In relation to a general election, any day within paragraph (1)(a) to (c) shall not be treated as a day for the purpose of any proceedings in the Timetable before the polling day.
1B
In relation to a by-election, any day within paragraph (1)(a) to (c) shall not be treated as a day for the purpose of any proceedings in the Timetable up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.
2
In this rule “bank holiday” means—
a
in relation to a general election, a day which is a bank holiday under the M1Banking and Financial Dealings Act 1971 in any part of the United Kingdom,
b
in relation to a by-election, a day which is a bank holiday under that Act in that part of the United Kingdom in which the constituency is situated,
but at a general election sub-paragraph (b) and not sub-paragraph (a) of this paragraph applies in relation to any proceedings—
i
commenced afresh by reason of a candidate’s death; F295...
F295ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2962A
In relation to a general election, this rule does not apply to a day which is a bank holiday or a day appointed for public thanksgiving or mourning if—
a
the day was not fixed or appointed as such before the dissolution of Parliament by section 3(1) of the Fixed-term Parliaments Act 2011, or
b
the day is one that is treated as a working day by section 3(6) of that Act.
But, in relation to any proceedings commenced afresh by reason of a candidate's death, this paragraph is to be ignored.
F43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Stages Common to Contested and Uncontested Elections
Issue of Writ and Notice of Election
Issue of writ
3
1
Writs for parliamentary elections shall continue to be sealed and issued in accordance with the existing practice of the office of the Clerk of the Crown.
2
Each writ shall be in the form in the Appendix and shall be directed to the returning officer by the title of his office as returning officer (and not by his name) and conveyed to him.
3
Her Majesty may by Order in Council—
a
specify the manner in which writs are to be conveyed whether by post, by an officer appointed by the Lord Chancellor or, as regards Northern Ireland, the Secretary of State, or otherwise, and make different provision for different classes of writs; and
b
provide for the giving of receipts for writs by persons to whom they are delivered or who may receive them in the course of their conveyance.
4
Delivery of the writ to a person for the time being authorised by law to act as deputy for the officer who by virtue of his office is returning officer shall be as good as delivery to the returning officer.
5
An Order in Council under this rule—
a
may require a returning officer to provide an address to which writs are to be conveyed and any change of that address; and
b
may provide for recording those addresses; and
c
may provide that the delivery of a writ to a person found in and for the time being in charge of a place so recorded as the office of a returning officer shall be as good as delivery to that returning officer.
6
The person to whom the writ is delivered shall endorse the date of receipt on the writ in the form shown in the Appendix.
7
A draft of an Order in Council under this rule shall be laid before Parliament, and any such Order may provide for any incidental or supplemental matter.
Conveyance of writ to acting returning officer
4
1
For an election in a constituency in England and Wales the writ shall (notwithstanding anything in rule 3 above) be conveyed to the acting returning officer if the returning officer—
a
has so requested by notice in the form prescribed by an Order in Council under rule 3 and received by the Clerk of the Crown one month or more before the issue of the writ; and
b
has not revoked it by a further notice in the form so prescribed and received within such time as is mentioned above.
2
A notice under this rule has effect in relation to all constituencies—
a
of which the person giving it is returning officer at the time of giving it; or
b
of which he or a successor in office becomes returning officer by virtue of that office.
3
Where by virtue of this rule writs are conveyed to the acting returning officer paragraph (5) of rule 3 applies in relation to him as it applies in relation to a returning officer.
Notice of election
C7C85
1
The returning officer shall publish notice of the election F5. . . , stating—
a
the place and times at which nomination papers are to be delivered, and
b
the date of the poll in the event of a contest,
and the notice shall state that forms of nomination paper may be obtained at that place and those times.
F61A
The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 9 below to be made by means of the electronic transfer of funds.
2
The notice of election shall state the date by which F7(except in such circumstances as may be prescribed)—
a
applications to F8vote by post or by proxy, and
b
other applications and notices about postal or proxy voting,
must reach the registration officer in order that they may be effective for the election.
F93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nomination
Nomination of candidates
C9C10C116
1
Each candidate shall be nominated by a separate nomination paper, in the form in the Appendix delivered—
a
by the candidate himself, or
b
by his proposer or seconder,
to the returning officer at the place fixed for the purpose, but the paper may be so delivered on the candidate’s behalf by his election agent if the agent’s name and address have been previously given to the returning officer as required by section 67 of this Act or are so given at the time the paper is delivered.
2
The nomination paper shall state the candidate’s—
a
full names, F10and
b
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
if desired, description,
and the surname shall be placed first in the list of his names.
F122A
If a candidate commonly uses—
a
a surname which is different from any other surname he has, or
b
a forename which is different from any other forename he has,
the nomination paper may state the commonly used surname or forename in addition to the other name.
F133
The description, if any, must consist of either—
b
the word “Independent” or, where the candidate is the Speaker of the House of Commons seeking re-election, the words “The Speaker seeking re-election”.
F164
The nomination paper must be accompanied by a form (in this Schedule referred to as the “home address form”) which states the candidate's—
a
full names, and
b
home address in full.
Provision in paragraph (1) above about delivery of the nomination paper applies also to the home address form.
5
The home address form—
a
may contain a statement made and signed by the candidate that he requires the home address not to be made public; and
b
if it does so, must state the constituency within which that address is situated (or, if that address is outside the United Kingdom, the country within which it is situated).
F27 Nomination papers: name of registered political party
Sch. 1 rule 6A: cross-heading inserted (24.3.1999) by 1998 c. 48, s. 13, Sch. 2 para. 2; S.I. 1999/393, art. 2
C12F176A
1
A nomination paper may not include a description of a candidate which is likely to lead F18electors to associate the candidate with a registered political party unless F19the party is a qualifying party in relation to the constituency and the description is authorised by a certificate—
a
issued by or on behalf of the registered nominating officer of the party, and
b
received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.
F201A
In paragraph (1) above an authorised description may be either—
a
the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000, or
b
a description of the party registered under section 28A of that Act.
1B
A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the constituency and the description is a registered description authorised by a certificate—
a
issued by or on behalf of the registered nominating officer of each of the parties, and
b
received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.
1C
For the purposes of paragraph (1B), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.
2
A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) F21or (1B) on behalf of a registered political party’s nominating officer.
F223
For the purposes of the application of this rule in relation to an election—
a
“registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 F23 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at the election;
b
a registered political party is a qualifying party in relation to a constituency if—
i
the constituency is in England, Scotland or Wales and the party was F24on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act, or
ii
the constituency is in Northern Ireland and the party was F25on the relevant day registered in the Northern Ireland register maintained under that Part of that Act.
F264
For the purposes of paragraph (3)(a) any day falling within rule 2(1) F297(subject to rule 2(2A)) shall be disregarded.
Subscription of nomination paper
C13C147
1
The nomination paper shall be subscribed by two electors as proposer and seconder, and by eight other electors as assenting to the nomination.
2
Where a nomination paper bears the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category shall be taken into account to the exclusion of any others in that category.
3
The nomination paper shall give the electoral number of each person subscribing it.
4
The returning officer—
a
shall supply any elector with a form of nomination paper at the place and during the time for delivery of nomination papers, and
b
shall at any elector’s request prepare a nomination paper for signature,
but it is not necessary for a nomination to be on a form supplied by the returning officer.
5
A person shall not subscribe more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered, but he shall not be prevented from subscribing a nomination paper by reason only of his having subscribed that of a candidate who has died or withdrawn before delivery of the first mentioned paper.
F286
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.
F297
But, in this rule, “elector” does not include a person who has an anonymous entry in the register.
Consent to nomination
C15C16C178
1
A person shall not be validly nominated unless his consent to nomination—
a
is given in writing on or within one month before the day fixed as the last day for the delivery of nomination papers,
b
is attested by one witness, and
c
is delivered at the place and within the time for the delivery of nomination papers,
subject to paragraph (2) below.
2
If the returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a telegram (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this rule to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.
3
A candidate’s consent given under this rule—
a
shall state the day, month and year of his birth; and
b
shall state—
i
that he is aware of the provisions of the M2House of Commons Disqualification Act 1975; and
ii
that to the best of his knowledge and belief he is not disqualified for membership of the House of Commons.
F30c
shall state that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as that for the election to which the consent relates,
Deposit
C18C199
1
A person shall not be validly nominated unless the sum of F31£500 is deposited by him or on his behalf with the returning officer at the place and during the time for delivery of nomination papers.
2
The deposit may be made either—
a
by the deposit of any legal tender, or
b
by means of a banker’s draft, or
c
with the returning officer’s consent, in any other manner F32(including by means of a debit or credit card or the electronic transfer of funds) .
but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.
F333
Where the deposit is made on behalf of the candidate, the person making the deposit shall at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 of this Act or F34rule 6(4) above).
Place for delivery of nomination papers
C20C2110
1
The returning officer shall fix the place at which nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for the making of objections to them.
2
Except in Scotland, the place shall be in—
a
the constituency; or
b
the registration area which includes the constituency; or
c
For the purposes of paragraph (b) above “registration area” means—
i
in England and Wales, the area of two or more constituencies which have the same registration officer;
ii
in Northern Ireland, the county borough of Belfast and each county.
3
In Scotland the place shall be in—
a
the constituency; or
b
Right to attend nomination
C22C2311
1
Except for the purpose of delivering a nomination paper or of assisting the returning officer, and subject to paragraph (4) below, no person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless he is—
a
a person standing nominated as a candidate, or
b
the election agent, proposer or seconder of such a person,F37 or
c
a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties, Elections and Referendums Act 2000,
but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.
2
Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—
a
to such one of those papers as he may select, or
b
in default of such a selection, to that one of those papers which is first delivered,
shall be entitled to attend as his proposer and seconder.
3
The right to attend conferred by this rule includes the right—
a
to inspect, and
b
to object to the validity of,
any nomination paper F38and associated home address form .
F393A
Paragraph (3) does not apply to a person mentioned in paragraph (1)(c).
4
F40One other person chosen by the candidate is entitled to be present at the delivery of the candidate’s nomination, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1) above, but without any such right as is conferred by paragraph (3) above.
F415
The returning officer shall not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.
Decisions as to validity of nomination papers
C24C25C26C2712
1
Where a nomination paper and the candidate’s consent to it F42and the home address form are delivered and a deposit is made in accordance with these rules, the candidate shall be deemed to stand nominated unless and until—
a
the returning officer decides that the nomination paper is invalid; or
F43aa
the returning officer decides that the home address form does not comply with rule 6(4); or
b
proof is given to the returning officer’s satisfaction of the candidate’s death; or
c
the candidate withdraws.
2
The returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—
a
that the particulars of the candidate or the persons subscribing the paper are not as required by law;
b
that the paper is not subscribed as so required; and
c
that the candidate is disqualified by the Representation of the M3People Act 1981.
3
F44Subject to paragraph (3A), the returning officer shall give his decision on any objection to a nomination paper
F45a
as soon as practicable after it is made, and
b
in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.
.
F463A
If in the returning officer’s opinion a nomination paper breaks rule 6A(1) F47or (1B), he shall give a decision to that effect
F48a
as soon as practicable after delivery of the nomination paper, and
b
in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.
4
F49Where the returning officer decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.
5
The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.
6
Subject to paragraph (5) above nothing in this rule prevents the validity of a nomination being questioned on an election petition.
Withdrawal of candidates
C28C29C3013
1
A candidate may withdraw his candidature by notice of withdrawal—
a
signed by him and attested by one witness, and
b
delivered to the returning officer at the place for delivery of nomination papers.
2
Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his proposer and accompanied by a written declaration also so signed of the candidate’s absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if—
a
it and the accompanying declaration are signed by all the proposers except any who is, and is stated in that declaration to be, outside the United Kingdom; or
b
it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the proposer giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom.
Publication of statement of persons nominated
C31C32C3314
1
The returning officer shall prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.
2
The statement shall show the names, addresses and descriptions of the persons nominated as given in their nomination papers F50and home address forms , together with the names of the persons subscribing those papers.
F512A
If a person's nomination paper gives a commonly used surname or forename in addition to another name, the statement shall show the person's commonly used surname or forename (as the case may be) instead of any other name.
2B
Paragraph (2A) above does not apply if the returning officer thinks—
a
that the use of the person's commonly used name may be likely to mislead or confuse electors, or
b
that the commonly used name is obscene or offensive.
2C
If paragraph (2B) above applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.
3
The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and, if there are two or more of them with the same surname, of their other names.
F523A
In relation to a nominated person in whose case the home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains—
a
the statement mentioned in rule 6(5)(a), and
b
the information mentioned in rule 6(5)(b),
the reference in paragraph (2) to the person's address shall be read as a reference to the information mentioned in rule 6(5)(b).
4
In the case of a person nominated by more than one nomination paper, the returning officer shall take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select, but if the election is contested a candidate standing nominated may require the returning officer to include in the statement the names of the persons subscribing a second and third nomination.
F534A
Where—
a
two or more of the names shown on the statement are the same or so similar as to be likely to cause confusion,
b
paragraph (3A) applies in relation to each of the persons in question, and
c
the information mentioned in rule 6(5)(b) is the same for each of them,
the returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.
4B
Where it is practicable to do so before the publication of the statement, the returning officer shall consult any person whose particulars are to be amended or added to under paragraph (4A).
4C
The returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (4A).
4D
Anything done by a returning officer in pursuance of paragraph (4A) must not be questioned in any proceedings other than proceedings on an election petition.
4E
A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (4A).
F545
The returning officer shall send to the Electoral Commission—
a
a copy of the statement; and
b
in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with rule 6A F55(1) or (1B) above, a copy of that certificate as well.
F58Correction of minor errors
Sch. 1 rule 14A inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 19(8), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(f) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
C3414A
1
A returning officer may, if he thinks fit, at any time before the publication under rule 14 above of the statement of persons nominated, correct minor errors in a nomination paper F56or home address form .
2
Errors which may be corrected include—
a
errors as to a person's electoral number;
b
obvious errors of spelling in relation to the details of a candidate.
F57c
in the home address form, errors as to the information mentioned in rule 6(5)(b).
3
Anything done by a returning officer in pursuance of this rule must not be questioned in any proceedings other than proceedings on an election petition.
4
A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
Disqualification by Representation of the People Act 1981
C35C3615
1
If it appears to the returning officer that any of the persons nominated might be disqualified by the Representation of the M4People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of nomination papers, prepare and publish a draft of the statement required under rule 14 above.
2
The draft shall be headed “Draft statement of persons nominated” and shall omit the names of the persons subscribing the papers but shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 in the morning and 4 in the afternoon on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of nomination papers.
Adjournment of nomination proceedings in case of riot
C37C3816
1
Where the proceedings for or in connection with nomination are on any day interrupted or obstructed by riot or open violence—
a
the proceedings shall be abandoned for that day, and
b
if that day is the last day for the delivery of nomination papers, the proceedings shall be continued on the next day as if that were the last day of such delivery,
and that day shall be treated for the purposes of these rules as being the last day for such delivery (subject to any further application of this rule in the event of interruption or obstruction on that day).
2
Where proceedings are abandoned by virtue of this rule nothing—
a
may be done after they are continued if the time for doing it had passed at the time of the abandonment;
b
done before the abandonment shall be invalidated by reason of the abandonment.
Method of election
C39C40C4117
1
If the statement of persons nominated shows more than one person standing nominated, a poll shall be taken in accordance with Part III of these rules.
2
If the statement of persons nominated shows only one person standing nominated, that person shall be declared to be elected in accordance with Part IV of these rules.
Part III Contested Elections
General Provisions
Poll to be taken by ballot
C42C43C4418
The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes given to each candidate and the candidate to whom the majority of votes have been given shall be declared to have been elected.
The ballot papers
C45C46C4719
1
The ballot of every voter shall consist of a ballot paper, and the persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.
2
Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and—
a
shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;
b
shall be capable of being folded up;
c
shall have a number F59and other unique identifying mark printed on the back;
d
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F612A
If a candidate who is the subject of a party’s authorisation under rule 6A(1) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).
F3202AA
If a candidate who is the subject of an authorisation by two or more parties under rule 6A(1B) so requests, the ballot paper shall contain, against the candidate's particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.
2B
F321A request under paragraph (2A) or (2AA) must—
a
be made in writing to the returning officer, and
b
be received by him during the period for delivery of nomination papers set out in the Table in rule 1.
3
The order of the names in the ballot paper shall be the same as in the statement of persons nominated.
F624
The Secretary of State may in regulations—
a
prescribe a different form of ballot paper from that in the Appendix;
b
amend or replace the directions as to printing the ballot paper in the Appendix;
c
in consequence of anything done for the purposes of paragraph (a) or (b), amend or replace the Form of directions for the guidance of the voters in voting in the Appendix.
F67Corresponding number list
Sch. 1 rule 19A inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 31(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(o) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
C21319A
1
The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).
2
The list shall be in such form as the Secretary of State in regulations prescribes.
The official mark
C48C49C50C5120
F631
Every ballot paper must contain an appropriate security marking (the official mark).
2
The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same constituency.
F643
The returning officer may use a different official mark for different purposes at the same election.
Prohibition of disclosure of vote
C52C53C5421
No person who has voted at the election shall, in any legal proceeding to question the election or return, be required to state for whom he voted.
Use of schools and public rooms
C55C56C57C5822
C591
The returning officer may use, free of charge, for the purpose of taking the poll—
a
a room in a school to which this rule applies;
b
a room the expense of maintaining which is payable out of any rate.
This rule applies—
i
ii
in Scotland, to a school other than an independent school within the meaning of the M5Education (Scotland) Act 1980;
iii
in Northern Ireland, to a school in receipt of a grant out of moneys appropriated by Measure of the Northern Ireland Assembly.
C592
The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.
C224C230F663
The use of a room in an unoccupied house for that purpose does not render a person liable to be rated or to pay any rate for the house.
4
In Northern Ireland this rule does not apply to any school adjoining or adjacent to any church or other place of worship nor to any school connected with a nunnery or other religious establishment.
Action to be Taken Before the Poll
Notice of poll
C60C61C62C6323
C641
The returning officer shall in the statement of persons nominated include a notice of the poll, stating the day on which and hours during which the poll will be taken.
2
The returning officer shall also give public notice (which may be combined with the statement of persons nominated) of—
a
the situation of each polling station;
b
the description of voters entitled to vote there; F68
F69c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70and he shall as soon as practicable after giving such a notice give a copy of it to each of the election agents
F713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Postal ballot papers
C214F7224
1
The returning officer shall, in accordance with regulations, issue to those entitled to vote by post—
a
a ballot paper;
b
at an election held in England and Wales or Scotland, a postal voting statement in the prescribed form;
c
at an election held in Northern Ireland, a declaration of identity in the prescribed form;
together with such envelopes for their return as may be prescribed.
2
The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—
a
translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;
b
a translation into Braille of such directions or guidance;
c
graphical representations of such directions or guidance;
d
the directions or guidance in any other form (including any audible form).
3
The prescribed form shall include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).
4
In the case of a ballot paper issued to a person resident in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement or declaration of identity is free of charge to the voter.
5
In any other case, regulations may provide that the returning officer must so ensure.
Provision of polling stations
C65C66C67C6825
1
The returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations in such manner as he thinks most convenient.
2
One or more polling stations may be provided in the same room.
3
the polling station allotted to electors from any polling district shall be in the polling place for that district.
4
5
the returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.
Appointment of presiding officers and clerks
C69C70C71C7226
1
The returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed by or on behalf of a candidate in or about the election.
2
The returning officer may, if he thinks fit, preside at a polling station and the provisions of these rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.
3
A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station F74or refuse to deliver a ballot paper under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38, 39 or 40).
Special lists
F7527
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issue of official poll cards
C73C74C7528
C76F761
The returning officer shall as soon as practicable after the publication of notice of the election send to electors and their proxies an official poll card.
1A
An official poll card shall not be sent to a person registered, or to be registered, in pursuance of an overseas elector's declaration.
C762
An elector’s official poll card shall be sent or delivered to his qualifying address, F339... .
F3402A
A proxy’s official poll card shall be sent or delivered to the address which—
a
is shown as the proxy’s address in the list of proxies; or
b
in the case of a proxy for an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, would be so shown but for section 7(4A) of the Representation of the People Act 1985.
C763
The official poll card shall be in the prescribed form and shall set out—
a
the name of the constituency;
b
the elector’s name, qualifying address and number on the register;
c
the date and hours of the poll and the situation of the elector’s polling station.
F77d
such other information as is prescribed;
e
such other information as the returning officer thinks appropriate,
and different information may be provided in pursuance of sub-paragraph (d) and (e) to different electors or descriptions of elector.
F783A
In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b) above the polling card shall contain such matter as is prescribed.
4
Paragraph (6) of rule 7 above applies for the interpretation of this rule.
Equipment of polling stations
C78C77C80C79E1C21529
1
The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary.
2
Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked.
3
The returning officer shall provide each polling station with—
a
materials to enable voters to mark the ballot papers;
b
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
copies of the register of electors or such part of it as contains the F84entries relating to the electors allotted to the station;
d
the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under subparagraph (c) above.
F80e
a list consisting of that part of the list prepared under rule 19A which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.
F813A
The returning officer shall also provide each polling station with—
a
at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted; and
b
a device of such description as may be prescribed for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 39(1)).
4
A notice in the form in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.
C815
In every compartment of every polling station there shall be exhibited F82the notice “Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted.”
F856
The reference in paragraph (3)(c) to the copies of the registers of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of this Act in respect of alterations to the register.
F837
The reference in paragraph (3)(c) to the copies of the register of electors includes a reference to copies of any notices issued under section 13BA(9) in respect of alterations to the register.
Appointment of polling and counting agents
C82C83C84C8530
1
Each candidate may, before the commencement of the poll, appoint—
a
polling agents to attend at polling stations for the purpose of detecting personation; and
b
counting agents to attend at the counting of the votes.
C862
The returning officer may limit the number of counting agents, so however that—
a
the number shall be the same in the case of each candidate; and
b
the number allowed to a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.
3
Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate to the returning officer and shall be so given not later than the F3135th day (computed like any period of time in the Timetable) before the day of the poll.
4
If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.
5
F86. . . Any appointment authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate’s election agent, instead of by the candidate.
6
In the following provisions of these rules references to polling and counting agents shall be taken as references to agents—
a
whose appointments have been duly made and notified; and
b
where the number of agents is restricted, who are within the permitted number.
7
Any notice required to be given to a counting agent by the returning officer may be delivered at or sent by post to the address stated in the notice of appointment.
8
A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
C869
A candidate’s election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a candidate’s election agent instead of his polling agent or counting agents.
10
Where by these rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
F88 Notification of requirement of secrecy
Sch. 1 rule 31 substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 80
C87C88C89C90F8731
F3221
The returning officer shall make such arrangements as he thinks fit to ensure that—
a
every person attending at a polling station (otherwise than for the purpose of voting or assisting a blind voter to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of this Act; and
b
every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section.
F3232
F89Return of postal ballot papers
Sch. 1 rule 31A inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 45(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(u) (subject to transitional provisions in art. 6, Sch. 2)S. 61(6A) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I) by Electoral Administration Act 2006 (c. 22), ss. 38(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(s) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts 2, 4
31A
C911
Where—
a
a postal vote has been returned in respect of a person who is entered on the postal voters list, or
b
a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,
the returning officer must mark the list in the prescribed manner.
F3321A
Paragraph (1) shall not apply in relation to a vote on a tendered postal ballot paper (see rule 40ZA).
2
For the purposes of paragraph (1) above, regulations may prescribe the circumstances in which a postal vote or a proxy postal vote (as the case may be) is or is not to be treated as having been returned.
C913
Rule 45(1B) and (2) below does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
The Poll
Admission to polling station
C92C93C94C21632
F901
The presiding officer shall exclude all persons from the polling station except—
a
voters;
b
persons under the age of 18 who accompany voters to the polling station;
c
the candidates and their election agents;
d
the polling agents appointed to attend at the polling station;
e
the clerks appointed to attend at the polling station;
f
persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000;
g
the constables on duty; and
h
the companions of voters with disabilities.
1A
The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
C952
Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.
C963
A constable or person employed by a returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Act, except on production and surrender of a certificate as to his employment, which shall be in the prescribed form and signed by the prescribed officer of police or by the returning officer, as the case may be.
C964
Any certificate surrendered under this rule shall forthwith be cancelled.
F3245
Keeping of order in station
C97C98C99C10033
1
It is the presiding officer’s duty to keep order at his polling station.
2
If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—
a
by a constable in or near that station, or
b
by any other person authorised in writing by the returning officer to remove him,
and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.
3
Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.
4
The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
Sealing of ballot boxes
C101C102C103C10434
Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and shall then lock it up and place his seal on it in such a manner as to prevent its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.
Questions to be put to voters
C105C106C107C108C217F9135
1
At the time of the application (but not afterwards), the questions specified in the second column of the following table—
a
may be put by the presiding officer to a person who is mentioned in the first column, and
b
shall be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:
Person applying for ballot paper | Questions |
|---|---|
1 A person applying as an elector. | (a) “Are you the person registered in the register of parliamentary electors for this election as follows (read out the whole entry from the register)” R (b) “Have you already voted, here or elsewhere, at this election, otherwise than as proxy for some other person” R (c) At an election held in Northern Ireland, “What is your date of birth” |
2 A person applying as proxy. | (a) “Are you the person whose name appears as A.B. in the list of proxies for this election (b) “Have you already voted here or elsewhere at this election, as proxy on behalf of C.D.” R as entitled to vote as proxy on behalf of C.D.” R (c) “Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of C.D.” R |
3 A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2 above). | (a) “Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” R (b) “Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)” R (c) “Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of the person whose number on the register of electors is (read out the number from the register)” R |
4 Person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative. | “Have you at this election already voted in this constituency on behalf of two persons of whom you are not the spouse, civil partner, parent, grand-parent, brother/sister, child or grandchild?” [R] |
5 A person applying as an elector in relation to whom there is an entry in the postal voters list. | (a) “Did you apply to vote by post” (b) “Why have you not voted by post” |
6 A person applying as proxy who is named in the proxy postal voters list. | (a) “Did you apply to vote by post as proxy” (b) “Why have you not voted by post as proxy” |
2
In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register must be taken as references to reading from the notice issued under section 13B(3B) or (3D).
F922A
In the case of an elector in respect of whom a notice has been issued under section 13BA(9), the reference in the question at entry 1(a) to reading from the register must be taken as a reference to reading from the notice issued under section 13BA(9).
3
A ballot paper shall not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.
4
Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.
Challenge of voter
C109C110C111C112C113F9336
A person shall not be prevented from voting by reason only that—
a
a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or
b
the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.
Voting procedure
C116E3C117F10937
1
A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—
a
the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors shall be called out;
b
the number of the elector shall be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him;
c
a mark shall be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received;
d
the voter shall sign the list mentioned in rule 29(3)(e) beside the number of the elector marked on the list in accordance with sub-paragraph (b) above; and
e
in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.
2
In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card and only his number shall be called out in pursuance of paragraph (1)(a).
3
In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), paragraph (1) above is modified as follows—
a
in sub-paragraph (a), for “copy of the register of electors” substitute “
copy of the notice issued under section 13B(3B) or (3D) of this Act
”
;
b
in sub-paragraph (c), for “in the register of electors” substitute “
on the copy of the notice issued under section 13B(3B) or (3D) of this Act
”
.
4
Paragraph (1)(d) above does not apply to a voter to whom rule 38 or 39 applies.
5
The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.
6
The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
F3297
A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
C114P1E2C115C21837
1
F94Subject to paragraphs (1A) to (1G) below, a ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—
a
F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the number, F96and name of the elector as stated in the copy of the register of electors shall be called out;
c
the number of the elector shall be marked on F97the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him ;
d
a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and
e
in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.
F981ZA
In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9), paragraph (1) is modified as follows—
a
in sub-paragraph (b), for “copy of the register of electors” substitute copy of the notice issued under section 13BA(9);
b
in sub-paragraph (d), for “in the register of electors” substitute on the copy of the notice issued under section 13BA(9).
F991A
A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.
1B
Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless the officer or clerk decides that
F100a
the document; or
b
the apparent age of the voter as compared with his age according to the date supplied as the date of his birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act,
raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.,
1C
F101Where in such a case it is a presiding officer who so decides, he shall refuse to deliver a ballot paper to the voter.
F1021D
Where in such a case it is a clerk who so decides, he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.
1E
For the purposes of this rule a specified document is one which for the time being falls within the following list:—
F103a
a current licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;
b
a current passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;
c
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105h
a current electoral identity card issued under section 13C of this Act
F106i
a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002
F107In sub-paragraph (a) a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 (excluding a provisional licence), or under Article 12 of the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force.
P21F
Regulations may make provision varying the list in paragraph (1E) above (whether by adding or deleting documents or varying any description of document).
1G
References in this rule to producing a document are to producing it for inspection.
2
The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose F108the number and other unique identifying mark , and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.
3
The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
F3304
A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
Votes marked by presiding officer
C118C119C120C12138
1
F110Subject to paragraph (1A) below, the presiding officer, on the application of a voter—
a
who is incapacitated by blindness or other F111disability from voting in manner directed by these rules, or
b
who declares orally that he is unable to read,
shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box.
F1121A
Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but reading references to delivering a ballot paper to a voter as references to causing a voter’s vote to be marked on a ballot paper.
2
The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called “the list of votes marked by the presiding officer”).
In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.
F1133
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (2) above applies as if for “on the register of electors of every voter” there were substituted relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D).
F1144
In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.
F123 Voting by persons with disabilities
Sch. 1 rule 39 and preceding cross-heading substituted (16.2.2001) by 2000 c. 2, s. 13(1)(3); S.I. 2001/116, art. 2(1)
C219F11539
1
If a voter makes an application to the presiding officer to be allowed, on the ground of—
a
blindness or other F116disability, or
b
inability to read,
to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or F117other disability, or by his inability to read, as to be unable to vote without assistance.
2
F118Subject to paragraph (2A) below, if the presiding officer—
a
is satisfied that the voter is so incapacitated, and
b
is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—
i
is a qualified person within the meaning of this rule, and
ii
has not previously assisted more than one voter with disabilities to vote at the election,
the presiding officer shall grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
F1192A
Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but reading references to delivering a ballot paper to a voter as references to granting a voter’s application.
3
For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person—
a
is a person who is entitled to vote as an elector at the election; or
b
is the father, mother, brother, sister, F120spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.
4
The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).
In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.
F1214A
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (4) above applies as if for “in the register of electors of every voter” there were substituted relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D).
F1224B
In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.
5
The declaration made by the companion—
a
shall be in the form in the Appendix; and
b
shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.
6
No fee or other payment shall be charged in respect of the declaration.
Tendered ballot papers
C122C123C124C12540
1
If a person, representing himself to be—
a
a particular elector named on the register and not named in the absent voters list, or
b
a particular person named in the list of proxies as proxy for an elector and not F124 entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
F1251ZA
Paragraph (1ZC) applies if —
a
a person applies for a ballot paper representing himself to be a particular elector named on the register,
b
he is also named in the postal voters list, and
c
he claims that he did not make an application to vote by post at the election.
1ZB
Paragraph (1ZC) also applies if—
a
a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,
b
he is also named in the proxy postal voters list, and
c
he claims that he did not make an application to vote by post as proxy.
1ZC
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
F1261ZD
Paragraph (1ZE) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—
a
a particular elector named on the register and who is also named in the postal voters list, or
b
a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he has lost or has not received his postal ballot paper.
1ZE
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
F1271ZF
A person to whom a ballot paper is not delivered under paragraph (3) of rule 35 following his unsatisfactory answer to the question at entry 1(c) in the table in paragraph (1) of that rule shall, if he satisfactorily answers any other questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
F1281A
Paragraphs (1A) to (1G) of rule 37 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) above as they apply in the case of a voter who applies for a ballot paper under rule 37(1).
1B
Paragraph (1C) below applies where
F129a
under paragraph (3) of rule 35 a ballot paper is not delivered to a person following his unsatisfactory answer to the question in paragraph (1A) of that rule; or
b
a presiding officer refuses to deliver a ballot paper to a person under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38 or 39 of this rule).
1C
The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
2
A tendered ballot paper shall—
a
be of a colour differing from the other ballot papers;
b
instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.
3
The name of the voter and his number on the register of electors shall be entered on a list (in these rules referred to as the “tendered votes list”) F130and the voter must sign the list opposite the entry relating to him.
4
In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.
F1314A
This rule applies to an elector who has an anonymous entry subject to the following modifications—
a
in paragraphs (2)(b) and (3) the references to the name of the voter must be ignored;
b
otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears on the register or list (as the case may be).
F1324B
This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) as if—
a
in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted in respect of whom a notice under section 13B(3B) or (3D) of this Act has been issued;
b
in paragraph (2)(b) for “his number in the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act;
c
in paragraph (3) for “his number on the register of electors” there were substituted the number relating to him on a notice issued under section 13B(3B) or (3D) of this Act.
F1334C
This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) as if—
a
in paragraphs (1)(a), (1ZA)(a) and (1ZD)(a) for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”;
b
in paragraph (2)(b) for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”;
c
in paragraph (3) for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9)”.
F1345
A person who marks a tendered ballot paper under paragraph (1C) above shall sign the paper, unless it was marked after an application was refused under rule 38 or 39.
6
A paper which is required to be signed under paragraph (5) above and is not so signed shall be void.
F3337
This rule does not apply in relation to an elector who has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland.
F334Tendered postal ballot papers: anonymous entries in Northern Ireland
Sch. 1 rule 40ZA inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 3(8)
40ZA
1
This rule applies to a person (“P”) who—
a
is an elector with an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland; or
b
is entitled to vote by post as proxy for such an elector,
and who claims to have lost, or not received, a postal ballot paper.
2
P may apply to the Chief Electoral Officer for a replacement postal ballot paper (in these rules referred to as a “tendered postal ballot paper”).
3
The application—
a
may be made by post or in person,
b
must be accompanied by a specified document within the meaning of rule 37 (as it extends to Northern Ireland), and
c
must be delivered to the Chief Electoral Officer—
i
where the application is made by post, before 4 p.m. on the fourth day before the day of the poll, and
ii
where the application is made in person, before 4 p.m. on the day before the day of the poll.
4
If the Chief Electoral Officer—
a
is satisfied as to P’s identity, and
b
has no reason to doubt that P has lost, or not received, a postal ballot paper,
the Chief Electoral Officer must issue a tendered postal ballot paper to P in the prescribed manner.
5
A tendered postal ballot paper must be of a different colour from the other ballot papers.
6
P, if issued with a tendered postal ballot paper, may mark it, sign it, and send it to the Chief Electoral Officer, in the same manner as a postal ballot paper.
7
A tendered postal ballot paper which has not been signed, or which does not meet the conditions in rule 45(2) and (2A), is void.
8
On receipt of a tendered postal ballot paper, the Chief Electoral Officer must deal with it in the prescribed manner.
9
The Chief Electoral Officer must—
a
endorse each tendered postal ballot paper with the entry in the register of the elector in question, and
b
set it aside in a separate packet of tendered postal ballot papers.
10
The Chief Electoral Officer must add the entry in the register of the elector in question to a list (in these rules referred to as the “tendered postal votes list”).
11
The Chief Electoral Officer must seal the packet of tendered postal ballot papers.
12
This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) (alteration of registers in Northern Ireland: pending elections) as if—
a
in paragraph (1) for “in a register maintained” there were substituted “in respect of whom a notice under section 13BA(9) has been issued”; and
b
in paragraphs (9)(a) and (10), for “entry in the register of the elector in question” there were substituted “entry relating to the elector in question on a notice issued under section 13BA(9)”.
F136 Refusal to deliver ballot paper
Sch. 1 rule 40A inserted (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 2(4)
C126C127F13540A
1
This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38, 39 or 40).
2
The refusal shall be subject to review on an election petition but, subject to that, shall be final and shall not be questioned in any proceeding whatsoever.
Spoilt ballot papers
C128C129C130C13141
A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.
F145 Correction of errors on day of poll
Sch. 1 rule 41A inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(6), 77, Sch. 1 para. 38; S.I. 2006/3412, art. 3, Sch. 1 paras. 2, 12(b) (subject to transitional provisions in art. 6, Sch. 2)
41A
The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of this Act which takes effect on the day of the poll.
F146 Correction of errors on day of poll: Northern Ireland
Sch. 1 rule 41B inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 6(8); S.I. 2008/1318, art. 2
C13241B
The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) which takes effect on the day of the poll.
Adjournment of poll in case of riot
C133C134C135C13642
1
Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the returning officer.
2
Where the poll is adjourned at any polling station—
a
the hours of polling on the day to which it is adjourned shall be the same as for the original day; and
b
references in this Act to the close of the poll shall be construed accordingly.
Procedure on close of poll
C137C138C139C140C22043
1
As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—
a
each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached,
b
the unused and spoilt ballot papers placed together,
c
the tendered ballot papers,
d
the marked copies of the register of electors F137(including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and of the list of proxies,
F138da
the lists prepared under rule 19A, including the parts which were completed in accordance with rule 37(1)(b) and (d) (together referred to in these rules as “the completed corresponding number lists”);
e
F139. . . the certificates as to employment on duty on the day of the poll,
f
the tendered votes list, the list of F140voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads F141“disability” and “unable to read”, F142the list maintained under rule 41A, and the declarations made by the companions of F140voters with disabilities,
and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.
2
The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the F143completed corresponding number lists or the certificates as to employment on duty on the day of the poll.
3
The packets shall be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.
F1444
This rule applies in relation to Northern Ireland as if—
a
the reference in paragraph (1)(d) to the marked copies of the register of electors included any marked copy notices issued under section 13BA(9), and
b
paragraph (1)(f) referred to the list maintained under rule 41B.
Counting of Votes
Attendance at counting of votes
C141C142C143C22144
1
The returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.
2
No person other than—
a
the returning officer and his clerks,
b
the candidates and F147one other person chosen by each of them,
c
the election agents,
d
the counting agents,
F148e
persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.
may be present at the counting of the votes, unless permitted by the returning officer to attend.
3
A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless he—
a
is satisfied that the efficient counting of the votes will not be impeded; and
b
has either consulted the election agents or thought it impracticable to do so.
4
The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
C1445
In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.
F2826
In making arrangements under this rule, the returning officer shall have regard to the duty imposed on him by rule 45(3A) below.
The count
C14545
F1491
The returning officer shall—
a
in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;
b
in the presence of the election agents verify each ballot paper account; and
c
count such of the postal ballot papers as have been duly returned and record the number counted.
1A
The returning officer shall not count the votes given on any ballot papers until—
a
in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and
b
in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
F1501B
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, F151. . .
F154c
the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
d
in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed, the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).
F3311C
A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (1B) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.
2
A postal ballot paper shall not F155, in Northern Ireland, be deemed to be duly returned unless
F156a
it is returned in the proper envelope so as to reach the returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticatedF157, and
b
in the case of an elector, that declaration of identity states the date of birth of the elector and the returning officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act.
F1582A
In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of this Act applies, the declaration of identity referred to in paragraph (2) shall be taken not to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of this Act.
3
The returning officer shall not count any tendered ballot paper F335or any tendered postal ballot paper.
F2833A
The returning officer shall take reasonable steps to begin counting the votes given on the ballot papers as soon as practicable within the period of four hours starting with the close of the poll.
4
The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers F159or other unique identifying marks printed on the back of the papers.
5
The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list F336and tendered postal votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list F336and tendered postal votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.
6
The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 7 in the evening and 9 on the following morning.
For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.
7
During the time so excluded the returning officer shall—
a
place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and
b
otherwise take proper precautions for the security of the papers and documents.
F2848
The Electoral Commission shall issue guidance to returning officers on the duty imposed by paragraph (3A) above.
Recount
C146C14746
1
A candidate or his election agent may, if present when the counting or any recount of the votes is completed, require the returning officer to have the votes recounted or again recounted but the returning officer may refuse to do so if in his opinion the request is unreasonable.
2
No step shall be taken on the completion of the counting or any recount of votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
Rejected ballot papers
C148C149C15047
1
Any ballot paper—
a
which does not bear the official mark, or
b
on which votes are given for more than one candidate, or
c
on which anything is written or marked by which the voter can be identified except the printed number on the back, or
d
which is unmarked or void for uncertainty,
shall, subject to the provisions of the next following paragraph, be void and not counted.
2
A ballot paper on which the vote is marked—
a
elsewhere than in the proper place, or
b
otherwise than by means of a cross, or
c
by more than one mark,
shall not for such reason be deemed to be void if an intention that the vote shall be for one or other of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.
3
The returning officer shall endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if an objection is made by a counting agent to his decision.
4
The returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of—
a
want of official mark;
b
voting for more than one candidate;
c
writing or mark by which voter could be identified;
d
unmarked or void for uncertainty.
Decisions on ballot papers
C151C15248
The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.
Equality of votes
C153C15449
Where, after the counting of the votes (including any recount) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
Part IV Final Proceedings in Contested and Uncontested Elections
Declaration of result
C155C156C15750
1
In a contested election, when the result of the poll has been ascertained, the returning officer shall forthwith—
a
declare to be elected the candidate to whom the majority of votes has been given;
b
return his name to the Clerk of the Crown; and
c
give public notice of his name and of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
2
In an uncontested election, the statement of persons nominated, in addition to showing the person standing nominated, shall also declare that person elected, and the returning officer shall forthwith return his name to the Clerk of the Crown.
Return to the writ
51
1
The returning officer shall return the name of the member elected by endorsing on the writ a certificate in the form in the Appendix.
2
Any rule of law or enactment as to the effect of, or manner of dealing with, the return of a member to serve in Parliament applies to the certificate.
3
The returning officer may, on receiving a receipt, deliver the writ with the certificate endorsed on it to F160an official designated for that purpose by a universal postal service provider who is providing a universal postal service (within the meaning of F299Part 3 of the Postal Services Act 2011) for the area in which the election is being held or to his deputy, provided that the official or deputy is at that time within the area concerned..
4
F161The designated official or his deputy shall send the writ so endorsed by the first post, free of charge, under cover to the Clerk of the Crown with the words “Election Writ and Return” endorsed on it.
5
Any reference in the foregoing provisions of this Part of these rules to the Clerk of the Crown shall be taken, in relation to an election for a constituency in Northern Ireland, as a reference to the Clerk of the Crown for Northern Ireland, but any writ returned to the Clerk of the Crown for Northern Ireland shall be transmitted by him to the Clerk of the Crown in England and the return shall be certified to the House of Commons in the same manner as returns for elections for constituencies in Great Britain.
6
A copy of each writ returned to the Clerk of the Crown for Northern Ireland and of the certificate endorsed on it shall be attested by the Secretary of State, shall be kept in the office of the Clerk of the Crown for Northern Ireland and may be given in evidence if the originals are lost.
Record of returns at Crown Office
52
1
The Clerk of the Crown shall from the certificate on each writ returned to him enter the name of the member returned in a book to be kept by him at the Crown Office.
2
The Clerk of the Crown shall also enter in the book any alteration or amendment made by him in the certificate endorsed on any writ.
3
The book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, take copies from the book.
Return or forfeiture of candidate’s deposit
C158C15953
1
The deposit made under rule 9 of these rules shall either be returned to the person making it or his personal representatives or be forfeited to Her Majesty.
2
Except in the cases mentioned below in this rule, the deposit shall be returned F162not later than the next day after that on which the result of the election is declared.
F1632A
For the purposes of paragraph (2) above—
a
a day shall be disregarded if it would be disregarded under rule 2 above in computing any period of time for the purposes of the timetable for an election of the kind in question; and
b
the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.
3
If the candidate is not shown as standing nominated in the statement of persons nominated, or if the poll is countermanded or abandoned by reason of his death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.
4
Subject to paragraph (3) above the deposit shall be forfeited if a poll is taken and, after the counting of the votes by the returning officer (including any recount) is completed, the candidate is found not to have polled more than F164one twentieth of the total number of votes polled by all the candidates.
5
Notwithstanding anything in paragraphs (2) to (4) above, if at a general election a candidate is shown as standing nominated in more than one constituency in the statements of persons nominated, not more than one of the deposits shall be returned and, if necessary, the Treasury shall direct which it is to be.
F285Counting of votes: statement by returning officer
Sch. 1 rule 53ZA inserted (8.4.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 48(4), 52
53ZA
1
In a contested election, if the counting of the votes given on the ballot papers did not begin within the period specified in rule 45(3A) above, the returning officer shall before the expiry of the period of 30 days starting with the day on which the poll closed—
a
prepare and publish a statement giving the information specified in paragraph (2) below, and
b
deliver it to the Electoral Commission.
2
The statement must—
a
specify the time at which the counting of the votes given on the ballot papers began,
b
describe the steps taken under rule 45(3A) above, and
c
explain why the counting of the votes given on the ballot papers did not start within the period specified in rule 45(3A) above.
3
Where a statement is delivered to the Electoral Commission under paragraph (1)(b) above, the Commission shall specify in any election report they produce that a statement has been delivered to them under that paragraph in respect of the constituency to which the statement relates.
4
In paragraph (3) above “election report” means a report under section 5(1) or (2A) of the Political Parties, Elections and Referendums Act 2000 in relation to the parliamentary election in question.
Part V Disposal of Documents
F195Destruction of home address forms
Sch. 1 rule 53A and preceding cross-heading inserted (4.9.2009) before Sch. 1 rule 54 by Political Parties and Elections Act 2009 (c. 12), ss. 24(7), 43(1); S.I. 2009/2395, art. 2 (with art. 3)
53A
The returning officer shall destroy each candidate's home address form—
a
on the next working day following the 21st day after the officer has returned the name of the member elected; or
b
if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.
Sealing up of ballot papers
C160C161C162C16354
1
On the completion of the counting at a contested election the returning officer shall seal up in separate packets the counted and rejected ballot papers.
F1652
The returning officer shall not open the sealed packets of—
a
tendered ballot papers,
F337aa
tendered postal ballot papers,
b
the completed corresponding number lists,
c
certificates as to employment on duty on the day of the poll, or
d
marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.
F1663
This rule applies in relation to Northern Ireland as if the reference in paragraph (2)(d) to section 13B(3B) or (3D) were a reference to section 13BA(9).
Delivery of documents to F179registration officer
Sch. 1 rule 55: words in heading substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
C164C165C16655
1
The returning officer shall then forward to the F167relevant registration officer the following documents—
a
the packets of ballot papers in his possession,
b
the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
c
the tendered votes lists, F338the tendered postal votes lists, the lists of F168voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, F169the lists maintained under rule 41A, and the declarations made by the companions of F168voters with disabilities,
F170ca
the packets of the completed corresponding number lists,
d
the packets of F171. . . certificates as to employment on duty on the day of the poll,
e
F174f
such other documents relating to elections as are prescribed,
endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the constituency for which the election was held.
F1751A
In this rule and in rules 56 and 57 references to the relevant registration officer are to—
a
the registration officer of the local authority in whose area the constituency is situated, or
b
if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered.
F1761B
Paragraph (1)(e) does not apply to an election for a constituency in Northern Ireland, but the returning officer shall endorse on each packet containing—
a
marked copies of the registers,
b
the postal voters list,
c
the proxy postal voters list, and
d
lists of proxies,
a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held.
2
F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1785
This rule applies in relation to Northern Ireland as if—
a
paragraph (1)(c) included a reference to the lists maintained under rule 41B, and
b
the reference in paragraph (1B)(a) to marked copies of the registers included any marked copy notices issued under section 13BA(9).
Orders for production of documents
C167C168C169C222C22556
1
An order—
a
for the inspection or production of any rejected ballot papers in the custody of the F180relevant registration officer , or
b
for the opening of a sealed packet of F181the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in his custody,
may be made—
i
by the House of Commons; or
ii
if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition, by the High Court or F326the county court.
2
3
An order under this rule may be made subject to such conditions as to—
a
persons,
b
time,
c
place and mode of inspection,
d
production or opening,
as the House of Commons or court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of F184the completed corresponding number lists or of certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—
i
that his vote was given; and
ii
that the vote has been declared by a competent court to be invalid.
4
An appeal lies to the High Court from any order of F327the county court under this rule.
5
Any power given under this rule—
a
to the High Court or, except in Northern Ireland, to F328the county court, may be exercised by any judge of the court otherwise than in open court; and
b
in Northern Ireland to a county court, may be exercised in such manner as may be provided by rules of court.
6
Where an order is made for the production by the F180relevant registration officer of any document in his possession relating to any specified election—
a
the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and
b
any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
F1857
The production from proper custody of—
a
a ballot paper purporting to have been used at any election, and
b
a completed corresponding number list with a number marked in writing beside the number of the ballot paper,
shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).
8
Retention and public inspection of documents
C170C171C172E457
1
The F187relevant registration officer shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons F188, the High Court, the Crown Court or a magistrates' court , shall cause them to be destroyed.
F1892
The documents mentioned in paragraphs (1) and (1A) except—
a
ballot papers,
b
the completed corresponding number lists,
c
certificates as to employment on duty on the day of the poll,
shall be open to public inspection.
F1903
The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.
F1914
Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—
a
a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;
b
a person who was a candidate at the election in relation to the constituency for which he was a candidate.
5
Regulations may impose conditions in relation to—
a
the inspection of any document in pursuance of paragraph (2);
b
the supply of any document or part of a document in pursuance of paragraph (3);
c
the supply of any document or part of a document in pursuance of paragraph (4).
6
Regulations may also make provision—
a
as to the form in which any such document or part is supplied;
b
for the payment of a fee in respect of the supply of a document or part.
7
Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—
a
whether a person may take any copy of a document he is permitted to inspect;
b
the manner in which any such copy is to be taken;
c
the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.
8
Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—
a
supply that document or part to any other person;
b
disclose to any other person any information contained in the document or part;
c
use any such information for a purpose other than that for which the document or part was supplied to him.
9
Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—
a
which was supplied to another person in pursuance of paragraph (4), or
b
otherwise than in accordance with regulations under this section.
C170C171C172E557
1
The F187relevant registration officer shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.
F1921A
The Chief Electoral Officer for Northern Ireland shall retain for a year the documents mentioned in rule 55(1B), and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.
F1932
The documents mentioned in paragraphs (1) and (1A) except—
a
ballot papers,
b
the completed corresponding number lists,
c
certificates as to employment on duty on the day of the poll,
shall be open to public inspection.
F1903
The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.
F1914
Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—
a
a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;
b
a person who was a candidate at the election in relation to the constituency for which he was a candidate.
5
Regulations may impose conditions in relation to—
a
the inspection of any document in pursuance of paragraph (2);
b
the supply of any document or part of a document in pursuance of paragraph (3);
c
the supply of any document or part of a document in pursuance of paragraph (4).
6
Regulations may also make provision—
a
as to the form in which any such document or part is supplied;
b
for the payment of a fee in respect of the supply of a document or part.
7
Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—
a
whether a person may take any copy of a document he is permitted to inspect;
b
the manner in which any such copy is to be taken;
c
the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.
8
Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—
a
supply that document or part to any other person;
b
disclose to any other person any information contained in the document or part;
c
use any such information for a purpose other than that for which the document or part was supplied to him.
9
Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—
a
which was supplied to another person in pursuance of paragraph (4), or
b
otherwise than in accordance with regulations under this section.
Disposal of documents in Scotland
F28158
1
This rule modifies rules 55 to 57 in relation to elections in Scotland.
2
In relation to such elections—
a
the documents mentioned in rule 55(1)—
i
are not to be forwarded by the returning officer as required by that rule,
ii
instead, are to remain in the returning officer's custody (and be endorsed by the officer as required by that rule);
b
the references in rules 56 and 57 to the relevant registration officer are to be read as references to the returning officer (and rule 55(1A) is to be disregarded);
c
the reference in rule 57(1) to the documents to be retained is to be read as a reference to the documents remaining in the returning officer's custody under sub-paragraph (a)(ii).
Disposal of documents in Northern Ireland
F19459
In the application of rules 55 to 57 to elections for a constituency in Northern Ireland, the references to the relevant registration officer shall be taken to be references to the Clerk of the Crown for Northern Ireland.
Part VI Death of Candidate
F196Independent candidate
Sch. 1 rules 60-65 substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) for Sch. 1 rule 60 by Electoral Administration Act 2006 (c. 22), ss. 24, 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(k) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
C17360
1
This rule applies if at a contested election proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died.
2
Subject to this rule and rules 61 and 62, these rules apply to the election as if the candidate had not died.
3
The following provisions of these rules do not apply in relation to the deceased candidate—
a
rule 32(1)(c) and (d) (admission to polling station);
b
rule 44(2)(b) to (d) (attendance at count);
c
rule 53(4) (forfeiture of deposit).
4
If only two persons are shown as standing nominated in the statement of persons nominated the returning officer must—
a
if polling has not begun, countermand the notice of poll;
b
if polling has begun, direct that the poll is abandoned;
c
subject to rule 65, treat the election as an uncontested election.
5
For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6A(1) or (1B).
Deceased independent candidate wins
C17461
1
This rule applies if at an election mentioned in rule 60(1) the majority of votes is given to the deceased candidate.
2
Rule 50(1) (declaration of result) does not apply but the returning officer must—
a
declare that the majority of votes has been given to the deceased candidate,
b
declare that no member is returned, and
c
give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
3
Rule 53 (return or forfeiture of candidate's deposit) does not apply in relation to the remaining candidates.
4
The returning officer must not return the writ and the proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
5
The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 60(1).
6
No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated, and no other nomination may be made.
7
The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
8
Rule 9 (deposit) does not apply.
9
10
For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).
Deceased independent candidate with equality of votes
C17562
In an election mentioned in rule 60(1), if—
a
rule 49 applies (equality of votes), and
b
any of the candidates to whom that rule applies is a deceased candidate,
the deceased candidate must be ignored.
Party candidate
C17663
1
This rule applies if—
a
at a contested election proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and
b
that person is standing in the name of a registered political party.
2
The returning officer must—
a
countermand notice of the poll, or
b
if polling has begun, direct that the poll be abandoned.
3
The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
4
The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer.
5
No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated.
6
No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing.
7
The last day on which a nomination mentioned in paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
8
The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
9
10
For the purposes of this rule—
a
a person stands in the name of a registered political party if his nomination paper contains a description which is authorised as mentioned in rule 6A(1) or (1B);
b
a registered political party is a party which is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000;
c
a working day is a day which is not a day specified in rule 2(1)(a) to (c).
Speaker of the House of Commons seeking re-election
64
1
This rule applies if at a contested election—
a
one of the candidates is the Speaker of the House of Commons seeking re-election, and
b
proof is given to the returning officer's satisfaction before the result of the election is declared that that candidate has died.
2
The returning officer must—
a
countermand notice of the poll, or
b
if polling has begun, direct that the poll be abandoned.
3
The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
4
The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer.
5
The last day on which—
a
nominations, or
b
notice of withdrawal of candidature,
may be delivered is the seventh working day after the day on which the writ is taken to be received.
6
7
For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).
Abandoned poll
C22365
1
This rule applies to—
a
a poll which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;
b
a poll which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).
2
The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll.
3
The returning officer must dispose of ballot papers and other documents in his possession as is he required to do on the completion of the counting of the votes.
4
It is not necessary for a ballot paper account to be prepared or verified.
5
No step or further step is to be taken for the counting of the ballot papers or of the votes.
6
The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.
7
The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).
8
Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.
9
No order is to be made for—
a
the production or inspection of any ballot papers, or
b
the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll,
unless the order is made by a court with reference to a prosecution.
C177C178C179 Appendix of forms
Appendix of Forms applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
Appendix of Forms applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
Appendix of Forms applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(6)(d)(7)
Appendix of Forms applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I
Appendix of Forms applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2
Appendix of Forms applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
Form of writ
Words in Sch. 1 Appendix of Forms substituted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 13 (with s. 6)
Words in Sch. 1 Appendix of Forms substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 1(2); S.I. 2016/290, reg. 2
*Elizabeth the Second by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith to the Returning Officer for the Constituency Greeting
†Whereas by F298section 3(1) of the Fixed-term Parliaments Act 2011 Parliament has dissolved We Command you that due notice being first given you do cause election to be made according to law of a Member to serve in Parliament for the said Constituency F358[‡]
And that you do cause the name of such Member when so elected, whether he be present or absent, to be certified to Us in Our Chancery without delay
Witness Ourself at Westminster the day of in the year of Our Reign, and in the year of Our Lord 19 .
*The name of the sovereign may be altered when necessary.
†This preamble to be omitted except in case of a general election.
F358‡Except in a general election insert here (as applicable): “ as a result of a successful recall petition under the Recall of MPs Act 2015 ” or “in the place of [A.B.], deceased” or otherwise, stating the cause of vacancy.
Label or direction of writ
To the Returning Officer for the Constituency.
A writ of a new election of a Member for the said Constituency.
Endorsement
Received the within Writ on the day of , 19 .
(Signed)
Returning Officer (or as the case may be.)
Certificate endorsed on writ
Sch. 1 Appendix of Forms, Form of certificate to be endorsed on writ: words inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 12(2) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 3, Sch. 1
I hereby certify, that the Member elected for the Constituency in pursuance of the within written Writ is of in the County of
(Signed)
Returning Officer (or as the case may be.)
F197Note: in relation to any constituency in Wales, “county” in this form refers to a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).
F198Form of notice of election
Sch. 1 Appendix of Forms: Form of notice of election repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form of nomination paper
Sch. 1 Appendix of Forms, Form of nomination paper: in first Table following the words "candidate at the said election", the final column (home address) is repealed (4.9.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 39, 43(1), Sch. 6 para. 8(6)(a), Sch. 7; S.I. 2009/2395, art. 2 (with art. 3)
Sch. 1 Appendix of Forms, Form of nomination paper: Table substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 21(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(h) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
ELECTION OF A MEMBER to serve in Parliament for the Constituency.
We the undersigned, being electors for the said Constituency, do hereby nominate the undermentioned person as a candidate at the said election.
Other names in full | Commonly used surname (if any) | Commonly used forenames (if any) | Description (if any) | |
|---|---|---|---|---|
SULLIVAN | Arthur Seymour | GILBERT | W. S. | Independent |
Signatures | Electoral Number (See Note 3) | |
|---|---|---|
Distinctive letter | Number | |
Proposer | ||
Seconder | ||
We, the undersigned, being electors for the said Constituency, do hereby assent to the foregoing nomination. | ||
1 | ||
2 | ||
3 | ||
4 | ||
5 | ||
6 | ||
7 | ||
8 | ||
NOTE
1
The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination contained in the parliamentary elections rules in Schedule 1 to the Representation of the M6People Act 1983.
2
Where a candidate is commonly known by some title he may be described by his title as if it were his surname.
F2032A
Where a candidate commonly uses a name which is different from any other name he has, the commonly used name may also appear on the nomination paper, but if it does so, the commonly used name (instead of any other name) will appear on the ballot paper.
2B
But the ballot paper will show the other name if the returning officer thinks—
a
that the use of the commonly used name may be likely to mislead or confuse electors, or
b
that the commonly used name is obscene or offensive.
F2013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
An elector may not subscribe more than one nomination paper for the same election.
5
A person whose name is entered in the register F202. . . may not subscribe a nomination paper if the entry gives as the date on which he will become of voting age a date later than the day fixed for the poll.
Form of Ballot Paper
Sch. 1 Form of Front of Ballot Paper substituted (10.3.2015) by The Representation of the People (Ballot Paper) Regulations 2015 (S.I. 2015/656), regs. 1(1), 2, Sch. 1 (with reg. 1(2))
Sch. 1 Form of Back of Ballot Paper substituted (10.3.2015) by The Representation of the People (Ballot Paper) Regulations 2015 (S.I. 2015/656), regs. 1(1), 3, Sch. 1 (with reg. 1(2))
F356 Directions as to printing the ballot paper
Sch. 1 Directions as to printing the ballot paper substituted (10.3.2015) by The Representation of the People (Ballot Paper) Regulations 2015 (S.I. 2015/656), regs. 1(1), 4, Sch. 2 (with reg. 1(2))
1
Nothing is to be printed on the ballot paper except in accordance with these directions.
2
So far as is practicable, the arrangements set out in paragraphs 3 to 13 must be observed in the printing of the ballot paper.
3
No word may be printed on the face except:
a
the heading “Election of the Member of Parliament for the …………... constituency”;
b
within that heading, the name of the constituency;
c
the direction “Vote for only one candidate by putting a cross [X] in the box next to your choice”;
d
the particulars of the candidates; and
e
words forming part of the emblems mentioned at paragraph 10 below.
4
A box must be printed around:
a
the heading and name referred to in paragraph 3(a) and (b); and
b
the direction referred to in paragraph 3(c);
and the direction referred to in paragraph 3(c) must be separated from the heading and name referred to in paragraph 3(a) and (b) by a horizontal rule extending across the box.
5
No rule may be printed on the face except:
a
as part of the box referred to in paragraph 4;
b
the horizontal rule referred to in that paragraph;
c
a horizontal rule above the particulars of the first candidate;
d
horizontal rules separating the particulars of the candidates from one another;
e
a horizontal rule below the particulars of the last candidate;
f
as part of the boxes on the right-hand side of the ballot paper where the vote is to be marked.
6
The horizontal rules referred to in paragraph 5(c), (d) and (e) must be equally spaced and the space between each of them must be a minimum of 2.5 centimetres.
7
The boxes referred to in paragraph 5(f) must not touch any horizontal rule and each one must be equidistant between the horizontal rule above it and the horizontal rule below it.
8
Each of the horizontal rules referred to in paragraph 5(c) and (d) must extend from a point level with the text on the left-hand side of the page to a point directly above the centre of the box below that rule.
9
The horizontal rule referred to in paragraph 5(e) must:
a
extend from a point level with the text on the left-hand side of the page to a point directly below the right-hand edge of the box above that rule; and
b
be thicker than the other horizontal rules.
10
Where a registered emblem is to be printed against a candidate’s particulars:
a
it must be printed adjacent to and to the right of the candidate’s particulars; and
b
its size as printed must not exceed 2 centimetres square.
11
All the words on the front of the ballot paper must appear in the same large type except that:
a
the heading and name referred to in paragraph 3(a) and (b) must appear in very large and bold type;
b
in the direction referred to in paragraph 3(c), the words “only one candidate” must appear in very large and bold type;
c
the remainder of that direction must appear in very large type;
d
the names of the candidates and the descriptions, if any, must appear in bold type.
12
The surname of each candidate must appear in capitals and the candidates’ other names must be in lower case with initial capitals.
13
The number and other unique identifying mark must be printed close to each other on the back of the ballot paper.
F207Form of directions for the guidance of the voters in voting
GUIDANCE FOR VOTERS
Sch. 1 Appendix of Forms: Form of directions for the guidance of the voters in voting substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 93(3); S.I. 2006/3412, art. 3, Sch. 1 para. 14(w)(bb)(iii) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
1
When you are given a ballot paper go to one of the compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate you are voting for.
2
Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted. Do not let anyone see your vote.
3
Fold the ballot paper in two. Show the back of the ballot paper to the presiding officer so as to disclose the number and other unique identifying mark. Put the ballot paper in the ballot box and leave the polling station.
4
If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
Form of declaration to be made by the companion of a F206voter with disabilities
Sch. 1 Appendix of Forms: words in Form of declaration to be made by the companion of a blind voter substituted (16.2.2001) by 2000 c. 2, s. 13(1)(4)(a); S.I. 2001/116, art. 2(1)
*State the relationship of the companion to the voter.
I, A. B., of , having been requested to assist C. D., (in the case of a F364voter with disabilities voting as proxy add voting as proxy for M. N.) whose number on the register is to record his vote at the election now being held in this constituency, hereby declare that [I am entitled to vote as an elector at the said election] [I am the * of the said voter and have attained the age of 18 years], and that I have not previously assisted any F363voter with disabilities [except E. F., of ] to vote at the said election.
(Signed) A. B.,
day of 19 .
I, the undersigned, being the presiding officer for the polling station for the Consitiuency, hereby certify that the above declaration, having been first read to the above-named declarant, was signed by the declarant in my presence.
(Signed) G. H.,
day of 19 .
minutes past o’clock [a.m.] [p.m.]
F204NOTE 1.If the person making the above declaration knowingly and wilfully makes therein a statement false in a material particular, he will be guilty of an offence.
F205 2. A voter with disabilities is a voter who has made a declaration under the parliamentary elections rules that he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
SCHEDULE 2 Provisions Which May be Contained in Regulations as to Registration Etc.
1
1
Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly situated in a districtF208, Welsh county or county borough or London borough.
C1852
F3412A
Provision made under sub-paragraph (2) authorising or requiring a registration officer in Great Britain to—
a
require a person who has made an application under section 10ZC or 10ZD to provide evidence that he or she is the person named in the application, or
b
require a person who has made an application under section 10ZC or 10ZD, or any person who has an entry in a register, to provide evidence for the purpose of enabling the officer to determine whether a person is entitled to be registered in a register maintained by the officer,
must specify the kind of evidence that a person may be required to provide (for examples, see paragraph 3ZA(5)).
2B
Provision of the kind mentioned in sub-paragraph (2A) may authorise or require the registration officer to require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description).
F2103
Provisions authorising a registration officer, where—
a
he has F346by virtue of regulations under sub-paragraph (2) 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 F347or to determine whether the person is the person who made the application under section 10ZC or 10ZD, 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 F211entry 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.
F3044A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3044B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Provisions made under sub-paragraph (4) F306... above shall have effect despite any statutory or other restriction on the disclosure of information.
F3056
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3057
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3058
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C233F3011A
1
Provision authorising or requiring a person to disclose information to another person for the purpose of assisting a registration officer F307...—
a
to verify information relating to a person who is registered in a register maintained by the officer or who is named in an application for registration in, or alteration of, a register,
b
to ascertain the names and addresses of people who are not registered but who are entitled to be registered, or
c
to identify those people who are registered but who are not entitled to be registered.
2
Provision made under sub-paragraph (1) may authorise or require the person to whom the information is disclosed—
a
to compare it with other information;
b
to disclose the results of the comparison to a registration officer for the purpose mentioned in that sub-paragraph.
3
The provision that may be made under sub-paragraph (1) or (2) includes provision—
a
conferring other functions on a person;
b
authorising the Secretary of State to make grants to a person on whom functions are conferred;
c
authorising a person to disclose or otherwise process information only in accordance with an agreement;
d
authorising or requiring a person to disclose or otherwise process information only in accordance with requirements imposed by the Secretary of State;
e
regulating the manner in which information is disclosed;
f
requiring the retention or disposal, or otherwise regulating the processing, of information disclosed.
4
Provision made under this paragraph has effect despite any statutory or other restriction on the disclosure of information.
5
In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.
F3481B
1
Provision as to the information that a registration officer may or must require persons to give by virtue of regulations under paragraph 1(2), or must provide to persons, when conducting a canvass in Great Britain (whether as part of a canvass form or otherwise).
2
Provision authorising or requiring a registration officer in Great Britain to complete canvass forms in part for people.
3
Provision as to the form and contents of declarations to be made by those responding to a canvass in Great Britain.
2
Provisions imposing on registration officers the duty of requiring persons to give information required for the purpose of the officer’s duty under section 3(1) of the M7Juries Act 1974.
F2122A
Provisions requiring registration officers to remind persons registered in pursuance of F213declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered.
F2372B
Provisions requiring registration officers to remind persons with anonymous entries in registers of the need to make a fresh application and declaration in order for them to remain so registered.
C1863
Provisions laying down a timetable for the preparation of the register and other matters, and providing that notices and other documents received by the registration officer out of time may be or shall be disregarded either altogether or for the purposes of a particular register or election.
C232F3423ZA
1
Provision about applications under section 10ZC or 10ZD, including in particular provision about—
a
the form and contents of applications and of any declarations to be made in connection with them;
b
the manner in which applications are to be made.
2
Provision made under sub-paragraph (1) may include provision—
a
conferring functions on registration officers, or local or public authorities, to enable applications to be made in a particular manner;
b
conferring other functions on registration officers;
c
conferring functions on the Electoral Commission.
3
Provision requiring a person making an application under section 10ZC or 10ZD—
a
to provide evidence that he or she is the person named in the application;
b
to provide evidence of entitlement to be registered.
4
Provision made under sub-paragraph (3) must specify the kind of evidence that a person is required to provide.
5
Examples of the evidence that may be specified include a person's date of birth or national insurance number.
6
Provision made under sub-paragraph (3) may require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description).
C187F2143A
Provisions as to the form and contents of applications for registration F349in Northern Ireland, including provisions as to any declarations to be made in connection with them.
F2383B
Provisions as to the form and content of applications for an anonymous entry and declarations to be made in connection with such applications.
F3503C
1
Provision authorising or requiring a registration officer conducting a canvass in Great Britain to take specified steps for the purpose of obtaining information where no response is received in respect of a particular address.
2
Provision authorising or requiring a registration officer in Great Britain to take specified steps to encourage a person to make an application under section 10ZC or 10ZD in response to an invitation to do so made by the officer.
3
Examples of the steps that a registration officer may be authorised or required to take under sub-paragraph (1) or (2) include writing to the person or visiting the person's address to speak to the person.
C1884
Provisions as to the manner in which service declarations, and applications and notices from service voters, are to be transmitted to the registration officer
F2152
Provisions as to the manner in which overseas electors’ declarations and applications from persons making such declarations, are to be transmitted to the registration officer.
C1895
1
Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person’s service declaration having ceased to be in force.
F2161A
Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.
F2171B
Provisions as to the evidence which shall or may be deemed sufficient or conclusive evidence that a person's safety would be at risk as mentioned in section 9B(10) of this Act.
2
Provisions as to the evidence of age or nationality which may be required F351by the Chief Electoral Officer for Northern Ireland in connection with a person’s registration otherwise than as a service voter or with his appointment as a proxy.
3
Provisions requiring any fee payable in connection with the making for the purpose of the regulations of any statutory declaration to be paid by the registration officer.
F2184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C190C191F2195A
1
Provision requiring applications under F220paragraph 3 or 4 of Schedule 4 to the Representation of the People Act 2000 orsection 6 or 7 of the Representation of the People Act 1985 to be attested and limiting the number of such applications that a person may attest.
2
Provision requiring a person applying under F220paragraph 4 of Schedule 4 to the Representation of the People Act 2000 orsection 7 of the Representation of the People Act 1985 to do so in person, producing a document of a prescribed description.
3
Provision as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, in connection with a person’s application to vote by proxy or to vote by post as elector or as proxy.
4
Provision authorising or requiring registration officers—
a
to make inquiries of persons included in the record kept under F220paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 orsection 6(3) of the Representation of the People Act 1985 for the purpose of determining whether there has been a material change of circumstances; and
b
to treat failure to respond to such inquiries as sufficient evidence of such a change.
F3525B
1
Provision as to the steps that a registration officer in Great Britain must take, before appointing a person as proxy to vote for another, to ensure that the appointment complies with paragraph 6(3) or (3A) of Schedule 4 to the Representation of the People Act 2000.
2
Provision under sub-paragraph (1) may require another registration officer (including the Chief Electoral Officer for Northern Ireland) to provide information about whether the person has or will have an entry in a register maintained by that officer.
C1926
Provisions as to the cases in which F221an application or objection may be determined by the registration officer without a hearing, and as to a person’s right in any such cases to make written representations to him.
C1937
Provisions authorising a registration officer to require any person’s evidence at a hearing before him to be given on oath and to administer oaths for the purpose.
C194F2228
Provisions requiring the registration officer to prepare a special list of those persons entitled to be registered whose addresses are not required to be shown F223in the register or of any class of such persons, showing the addresses of the person concerned.
F2398A
Provisions requiring the registration officer to prepare a record of those persons with anonymous entries in the register showing, in relation to each such person, such information as is prescribed.
F3438B
1
Provision authorising or requiring a registration officer in determining an application under section 10ZC or 10ZD, in prescribed cases, to treat a prescribed person's statement of a fact as sufficient evidence of that fact.
2
In sub-paragraph (1) “prescribed” includes of a prescribed description.
C231F3028C
1
Provision requiring the retention or disposal, or otherwise regulating the processing, of—
a
information provided in an application under section 10ZCF353, 10ZD or 10A;
b
information provided to a person in accordance with a requirement imposed by a registration officer F308... under provision made by virtue of paragraph 1(2);
c
information provided to a person by virtue of provision made under paragraph 3ZA.
2
In this paragraph “processing” has the same meaning as in the Data Protection Act 1998.
F2249
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C195F22510
1
Provisions requiring a registration officer to prepare, in addition to the version of the register which he is required to prepare by virtue of the other provisions of this Act (“the full register”), a version of the register which omits the names and addresses of registered electors by or on behalf of whom requests have been made to have their names and addresses excluded from that version of it (“the edited register”).
F2261A
The edited version shall also omit anonymous entries.
2
Provisions specifying a form of words to be used by a registration officer for the purpose of—
a
explaining to persons registered or applying to be registered, or persons acting on behalf of such persons, the purposes for which the full register and the edited register may each be used, and
b
ascertaining whether the exclusion of their names and addresses from the edited register is requested by or on behalf of such persons.
C196F22710A
Provisions requiring copies of the full register and other documents, or prescribed parts of them, to be available for inspection by the public at such places as may be prescribed.
C197F22810B
1
Provisions authorising or requiring a registration officer—
a
to supply to such persons as may be prescribed copies of the full register and other documents, or prescribed parts of them, whether free of charge or on payment of a prescribed fee;
b
to supply to any persons copies of the edited register, or any prescribed part of it, on payment of a prescribed fee.
2
Provisions specifying, in relation to any description of persons prescribed by regulations made in pursuance of sub-paragraph (1)(a) above, the purposes for which copies supplied to such persons under such regulations, or information contained in them, may be used whether by such persons or by employees or other persons authorised by them in accordance with regulations to have access to such copies or information contained in them.
3
Without prejudice to the generality of sub-paragraph (1) above or paragraph 11A below, regulations made in pursuance of sub-paragraph (1) may contain any such provisions as are authorised by paragraph 11A.
C198F22911
1
Provisions imposing prohibitions or restrictions relating to the extent (if any) to which—
a
persons inspecting the full register in accordance with regulations made in pursuance of paragraph 10A above may make copies of the register;
b
persons to whom copies of the full register are supplied (whether in accordance with regulations made in pursuance of paragraph 10B above or in accordance with any other provision made by or under an Act) may—
i
supply those copies, or otherwise disclose any information contained in them, to other persons, or
ii
make use of any such information otherwise than for any purposes specified in such regulations or (as the case may be) for which the copies have been supplied in accordance with any such provision.
2
Provisions imposing, in relation to persons—
a
to whom copies of the full register have been supplied, or information contained in such copies has been disclosed, in accordance with regulations made in pursuance of this paragraph, or
b
who otherwise have access to such copies or information,
prohibitions or restrictions corresponding to those which may be imposed by virtue of sub-paragraph (1) above.
3
Provisions imposing, in relation to persons involved in the preparation of the full register, prohibitions with respect to supplying copies of the full register and disclosing information contained in it.
4
In this paragraph any reference to the full register includes a reference to any part of it.
C199P3P4F23011A
1
Provisions authorising or requiring registration officers who are data users to supply data, or documents containing information extracted from data and in such form as may be prescribed, to such persons as may be prescribed on payment of a prescribed fee.
F3091A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this paragraph F231data controller and “data” have the same meanings as in section 1 of the Data Protection Act 1984.
12
Provisions as to F232the 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;
F233aa
authorising the cancellation or removal of ballot papers 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
as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.
F24012A
Regulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;
C20013
1
Provisions F234making it an offence (punishable on summary conviction by a fine not exceeding level 3 on the standard scale) for a person—
a
F235to have failed to comply with, or given false information in pursuance of, any such requisition of the registration officer as is mentioned in paragraph 1 or paragrapn 2 above.
b
F235to have, without lawful authority, destroyed, mutilated, defaced or removed any notice published by the registration officer in connection with his registration duties, or any copies of a document which have been made available for inspection in pursuance of those duties.
F3101ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3001ZB
Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made under paragraph 1A(3)(e) or (f) or 8C.
1ZC
Provision made under sub-paragraph (1ZB) creating an offence may not—
a
provide for the offence to be punishable on conviction on indictment by imprisonment for a term exceeding two years;
b
provide for the offence to be punishable on summary conviction by imprisonment for a term exceeding the relevant maximum;
c
provide for the offence to be punishable on summary conviction by a fine exceeding the statutory maximum or level 5 on the standard scale (as appropriate).
1ZD
In sub-paragraph (1ZC)(b) “the relevant maximum”—
a
in relation to an offence triable either on indictment or summarily, means—
i
in England and Wales or Scotland, 12 months, and
ii
in Northern Ireland, 6 months;
b
in relation to an offence triable only summarily, means—
i
in England and Wales, 51 weeks, and
ii
in Scotland or Northern Ireland, 6 months.
F2361A
Provisions making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale)—
a
for a person to contravene any regulations made in pursuance of paragraph 11 above or to do so in any prescribed circumstances, or
b
where such a contravention has occurred on the part of a person in the employment, or otherwise under the direction or control, of a company or other organisation, for—
i
a director of the company, or
ii
a person concerned with the management of the organisation,
to have failed to take such steps as it was reasonable for him to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of such contraventions on the part of such persons.
2
Any other provisions incidental or supplemental to those mentioned in the foregoing paragraphs of this Schedule.
C211C202C203C204C229F245Schedule 2A Control of Donations to Candidates
Sch. 2A inserted (30.11.2000 for certain purposes, otherwise 1.7.2001) by 2000 c. 41, ss. 130(3), 163(3)(d), Sch. 16 (with ss. 130(4), 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)
Sch. 2A 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), 36(4)-(12) (with art. 1(2)(3))
Sch. 2A applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
Sch. 2A: power to amend or modify conferred (25.9.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 15(1)-(3), 31
Sch. 2A modified (25.9.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 11(5), 31
Sch. 2A applied (with modifications) (S.) (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), arts. 1(1), 36(4)-(10) (with art. 1(2))
Part I Introductory
Operation and interpretation of Schedule
1
1
This Schedule has effect for controlling donations to candidates at an election.
2
The following provisions have effect for the purposes of this Schedule.
3
“Relevant donation”, in relation to a candidate at an election, means a donation to the candidate or his election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate.
4
In sub-paragraph (3) above the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.
5
“Donation” shall be construed in accordance with paragraphs 2 to 4 below.
6
“The 2000 Act” means the Political Parties, Elections and Referendums Act 2000.
F2416A
In relation to a donation received by a candidate at an election in Great Britain, references to a permissible donor falling within section 54(2) of the 2000 Act are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Commission under Part 2 of that Act.
7
F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
“The Commission” means the Electoral Commission established by section 1 of that Act.
9
Any reference to a donation received by a candidate when he is (or is deemed to be) his own election agent includes a reference to a donation received by a candidate on a list of candidates to be London members of the London Assembly at an ordinary election who is, or is deemed to be, the election agent of all the candidates on the list.
10
Any donation which is received by a candidate as mentioned in sub-paragraph (9) above shall be regarded as received by him in his capacity as election agent.
Donations: general rules
2
1
“Donation”, in relation to a candidate at an election, means (subject to paragraph 4 below)—
a
any gift to the candidate or his election agent of money or other property;
b
any sponsorship provided in relation to the candidate (as defined by paragraph 3 below);
c
any money spent (otherwise than by the candidate, his election agent or any sub-agent) in paying any election expenses incurred by or on behalf of the candidate;
d
any money lent to the candidate or his election agent otherwise than on commercial terms;
e
the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the candidate (including the services of any person).
2
Where—
a
any money or other property is transferred to a candidate or his election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate of any property, services or facilities or other consideration of monetary value, and
b
the total value in monetary terms of the consideration so provided by or on behalf of the candidate is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property shall (subject to sub-paragraph (4) below) constitute a gift to the candidate or (as the case may be) his election agent for the purposes of sub-paragraph (1)(a) above.
3
In determining—
a
for the purposes of sub-paragraph (1)(d) above, whether any money lent to a candidate or his election agent is so lent otherwise than on commercial terms, or
b
for the purposes of sub-paragraph (1)(e) above, whether any property, services or facilities provided for the use or benefit of a candidate is or are so provided otherwise than on such terms,
regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the candidate in respect of the loan or the provision of the property, services or facilities.
4
Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) above and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3 below) shall apply in relation to it to the exclusion of the other provision of this paragraph.
5
The reference in sub-paragraph (1)(c) above to money spent as mentioned in that provision is a reference to money so spent by a person, other than the candidate, his election agent or any sub-agent, out of his own resources (with no right to reimbursement out of the resources of any such other person); and where, by virtue of sub-paragraph (1)(c) above, money so spent constitutes a donation to the candidate, the candidate shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor i respect of the expenses in question.
6
In this paragraph—
C201a
any reference to anything being given or transferred to a candidate or his election agent includes a reference to its being given or transferred either directly or indirectly through any third person;
b
“gift” includes a bequest or any other form of testamentary disposition.
Sponsorship
3
1
For the purposes of this Schedule sponsorship is provided in relation to a candidate if—
a
any money or other property is transferred to the candidate or to any person for the benefit of the candidate, and
b
the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—
i
to help the candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or
ii
to secure that to any extent any such expenses are not so incurred.
2
In sub-paragraph (1) above “defined expenses” means expenses in connection with—
a
any conference, meeting or other event organised by or on behalf of the candidate,
b
the preparation, production or dissemination of any publication by or on behalf of the candidate, or
c
any study or research organised by or on behalf of the candidate.
3
The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above—
a
the making of any payment in respect of—
i
any charge for admission to any conference, meeting or other event, or
ii
the purchase price of, or any other charge for access to, any publication;
b
the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
4
The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3) above.
5
Any order under sub-paragraph (4) above shall be made by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
6
In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).
Payments etc. not to be regarded as donations
4
1
None of the following shall be regarded as a donation—
a
the provision of any facilities provided in pursuance of any right conferred on a candidate at an election by this Act;
b
the provision by an individual of his own services which he provides voluntarily in his own time and free of charge;
c
any interest accruing to a candidate or his election agent in respect of any donation which is dealt with by the candidate or (as the case may be) his election agent in accordance with section 56(2)(a) or (b) of the 2000 Act (as applied by paragraph 7 below).
2
There shall also be disregarded any donation whose value (determined in accordance with paragraph 5 below) is not more than £50.
Value of donations
5
1
The value of any donation falling within paragraph 2(1)(a) above (other than money) shall be taken to be the market value of the property in question.
2
Where, however, paragraph 2(1)(a) above applies by virtue of paragraph 2(2) above, the value of the donation shall be taken to be the difference between—
a
the value of the money, or the market value of the property, in question, and
b
the total value in monetary terms of the consideration provided by or on behalf of the candidate or his election agent.
3
The value of any donation falling within paragraph 2(1)(b) above shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1) above; and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.
4
The value of any donation falling within paragraph 2(1)(d) or (e) above shall be taken to be the amount representing the difference between—
a
the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the candidate or his election agent in respect of the loan or the provision of the property, services or facilities if—
i
the loan had been made, or
ii
the property, services or facilities had been provided,
on commercial terms, and
b
the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the candidate or his election agent.
5
Where a donation such as is mentioned in sub-paragraph (4) above confers an enduring benefit on the donee over a particular period, the value of the donation—
a
shall be determined at the time when it is made, but
b
shall be so determined by reference to the total benefit accruing to the donee over that period.
6
In this paragraph “market value” in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market.
Part II Controls on donations
Prohibition on accepting donations from impermissible donors
6
1
A relevant donation received by a candidate or his election agent must not be accepted if—
a
the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) his election agent, a permissible donor falling within section 54(2) of the 2000 Act; or
b
the candidate or (as the case may be) his election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.
2
For the purposes of this Schedule any relevant donation received by a candidate or his election agent which is an exempt trust donation shall be regarded as a relevant donation received by the candidate or his election agent from a permissible donor; and section 162 of the 2000 Act (interpretation: exempt trust donations) shall apply for the purposes of this Schedule as it applies for the purposes of that Act.
3
But, for the purposes of this Schedule, any relevant donation received by a candidate or his election agent from a trustee of any property (in his capacity as such) which is not—
a
an exempt trust donation, or
b
a relevant donation transmitted by the trustee to the candidate or his election agent on behalf of beneficiaries under the trust who are—
i
persons who at the time of its receipt by the candidate or his election agent are permissible donors falling within section 54(2) of the 2000 Act, or
ii
the members of an unincorporated association which at that time is such a permissible donor,
shall be regarded as a relevant donation received by the candidate or his election agent from a person who is not such a permissible donor.
4
Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or his election agent by way of a relevant donation—
a
on behalf of himself and one or more other persons, or
b
on behalf of two or more other persons,
then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £50 shall be treated as if it were a separate donation received from that person.
5
In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given—
a
(except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 11(c) below; and
b
(in any case) all such details in respect of the donation as are required by virtue of paragraph 11(a) below.
6
Where—
a
any person (“the agent”) causes an amount to be received by a candidate or his election agent by way of a donation on behalf of another person (“the donor”), and
b
the amount of the donation is more than £50,
the agent must ensure that, at the time when the donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given all such details in respect of the donor as are required by virtue of paragraph 11(c) below.
7
A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (5) or (6) above.
8
A person guilty of an offence under sub-paragraph (7) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both);
b
on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both).
Acceptance or return of donations
7
1
Sections 56 to 60 of the 2000 Act shall apply for the purposes of this Schedule in relation to—
a
a relevant donation received by a candidate or his election agent, and
b
the candidate or (as the case may be) the election agent,
as they apply in relation to a donation received by a registered party and the registered party.
2
In the application of sections 56 to 60 of that Act in accordance with sub-paragraph (1)—
a
section 56(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 11(c) below;
b
section 56(3) shall have effect as if the reference to the party were omitted and the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent; and
c
section 56(4) shall have effect as if the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent.
Transfer of donations received by candidate to election agent
8
1
Sub-paragraph (2) below applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, his own election agent at the time of receipt of the donation).
2
The candidate shall, on receipt of any such donation as is mentioned in sub-paragraph (1) above, forthwith deliver to his election agent—
a
the donation,
b
where paragraph 6(5) or (6) above applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and
c
any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under this Part or Part III of this Schedule.
3
Where a donation is delivered to an election agent in accordance with sub-paragraph (2) above, the donation shall be treated for the purposes of paragraph 6(1) to (4) above and the provisions applied by paragraph 7 above as if it had been—
a
originally received by the election agent, and
b
so received by him on the date on which it was received by the candidate.
4
Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate himself) as election agent is in force he shall either—
a
forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) above to the agent, or
b
(if he fails to do so) deal with the donation in accordance with section 56 of the 2000 Act.
5
Sub-paragraph (3) above shall have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) above as it has effect in relation to a donation delivered to him in accordance with sub-paragraph (2) above.
6
Sub-paragraph (7) below applies where—
a
a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 56 of the 2000 Act either because—
i
it was received by him at a time when no appointment of another person as his election agent was in force, or
ii
although such an appointment was in force, he was by virtue of sub-paragraph (4)(b) required to deal with the donation; and
b
an appointment of a person (other than the candidate himself) as election agent is in force at, or at any time after—
i
the deadline for appointing an election agent, or
ii
if later, the time when the candidate has dealt with the donation in accordance with section 56 of the 2000 Act.
7
Subject to sub-paragraph (9) below, the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent—
a
the donation (if it has been accepted by him), and
b
any information which he has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under Part III of this Schedule.
8
The relevant time for the purposes of sub-paragraph (7) above is—
a
the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or
b
otherwise, the time when any such appointment subsequently comes into force.
9
The duty imposed on a candidate by sub-paragraph (7)(a) above does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.
10
In this paragraph—
a
any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with section 67(1) or (1A) of this Act be named as election agent—
i
by the candidate, or
ii
in the case of a candidate on a list of candidates submitted by a registered political party to be London members of the London Assembly at an ordinary election, by the party; and
b
any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7 above.
Evasion of restrictions on donations
9
Section 61 of the 2000 Act shall apply for the purposes of this Schedule as if—
a
any reference to donations were to relevant donations;
b
any reference to a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) his election agent; and
c
any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or his election agent (or both).
Part III Reporting of donations
Statement of relevant donations
10
F2431
The candidate’s election agent must include in any return required to be delivered under section 81 of this Act a statement of relevant donations which complies with paragraphs 11 and 12 below.
F2442
If the statement states that the candidate's election agent has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register, the statement must be accompanied by a copy of the evidence.
3
Sub-paragraph (2) does not apply to local government elections in Scotland.
Donations from permissible donors
11
The statement must record, in relation to each relevant donation accepted by the candidate or his election agent—
a
the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5 above;
b
the date when the donation was accepted by the candidate or his election agent;
c
the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act; and
d
such other information as may be required by regulations made by the Commission.
Donations from impermissible donors
12
1
This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b) above.
2
Where paragraph 6(1)(a) above applies, the statement must record—
a
the name and address of the donor;
b
the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5 above;
c
the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a) of the 2000 Act; and
d
such other information as is required by regulations made by the Commission.
3
Where paragraph 6(1)(b) above applies, the statement must record—
a
details of the manner in which the donation was made;
b
the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5 above;
c
the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b) of the 2000 Act; and
d
such other information as is required by regulations made by the Commission.
4
In this paragraph any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7 above.
C205C206SCHEDULE 3 Return and Declarations as to Election Expenses
Sch. 3 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
Sch. 3 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
Sch. 3 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
Sch. 3 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I
F246
SCHEDULE 4 Election Expenses at Certain Local Elections in England and Wales
1
1
Any claim against any person in respect of any election expenses incurred by or on behalf of a candidate which is not sent in within 14 days after the day of election shall be barred and not paid, and all election expenses incurred as mentioned above shall be paid within 21 days after the day of election and not otherwise.
2
If any person makes a payment in contravention of this paragraph he shall be guilty of an illegal practice, but a candidate shall not be liable, nor shall his election be avoided, for any illegal practice committed under this subparagraph without his consent or connivance.
2
Every agent of a candidate at the election shall, within 23 days after the day of election, make a true return to the candidate in writing of all election expenses incurred by the agent and if he fails so to do he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Within 28 days after the day of election every candidate shall deliver to the proper officer of the authority for which the election is held a return of all election expenses incurred by the candidate or his agents vouched (except in the case of sums under £10) by bills stating the particulars and receipts and accompanied by a declaration by the candidate as to election expenses.
4
1
After the expiry of the time for making the return and declaration, the candidate, if elected, shall not, until he has made the return and declaration or until the date of the allowance of any authorised excuse under paragraph 7 below, sit or vote in the council and if he does so—
a
he shall forfeit £50 for every day on which he so sits or votes; or
b
instead of civil proceedings for a penalty, proceedings may be instituted in a magistrates’ court, and he shall be liable on conviction to a fine of an amount not exceeding the amount of the penalty which would be recoverable in civil proceedings.
2
Civil proceedings for a penalty under this paragraph shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.
3
For the purposes of sub-paragraph (2) above the issue of a writ or other process shall be deemed to be a commencement of a proceeding, where the service or execution of the same on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, but save as mentioned above the service or execution of the same on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.
5
If the candidate fails to make that return and declaration he shall be guilty of an illegal practice, and, if he knowingly makes that declaration falsely, he shall be guilty of a corrupt practice.
6
The High Court, an election court or the county court may, on application either of the candidate or a creditor, allow any claim to be sent in and any expense to be paid after the time limited by this Schedule, and a return of any sum so paid shall forthwith after payment be sent to the proper officer of the authority.
7
1
If the candidate applies to the High Court, an election court or the county court and shows that the failure to make that return and declaration or either of them or any error or false statement in them has arisen by reason of—
a
his illness or absence, or
b
the absence, death, illness or misconduct of any agent, clerk or officer, or
c
inadvertence or any reasonable cause of a like nature,
and not by reason of any want of good faith on the applicant’s part, the court may—
i
after such notice of the application as it considers fit, and
ii
on production of such evidence of the grounds stated in the application, and of the applicant’s good faith, and otherwise, as it considers fit,
make such order allowing the authorised excuse for the failure, error or false statement as it considers just.
2
The order may make the allowance conditional upon compliance with such terms as to the court seem best calculated for carrying into effect the objects of this Schedule, and the order shall relieve the applicant from any liability or consequence under this Act in respect of the matters excused by the order.
3
The date of the order, or, if conditions and terms are to be complied with, the date on which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse.
8
1
The return and declaration shall be kept at the office of the proper officer of the authority and shall at all reasonable times during the twelve months next after they are received by him be open to inspection by any person on payment of the prescribed fee and the proper officer shall, on demand, provide copies of them, or of any part of them, at the prescribed price.
2
After the expiry of twelve months the proper officer of the authority may cause the return and declaration to be destroyed or, if the candidate so requires, shall return them to him.
9
For the purposes of this Schedule—
a
the jurisdiction vested by paragraph 7 in F325the county court may be exercised otherwise than in open court; and
b
an appeal lies to the High Court from any order of F325the county court made by virtue of that paragraph.
C207F279SCHEDULE 4AElection expenses
Sch. 4A inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 27(5), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 5 (subject to transitional provisions in art. 4, Sch. 2)
Sch. 4A applied (with modifications) (7.2.2007) by S.I. 2001/2599, art. 3, Sch. 1 (as amended by The Northern Ireland Assembly (Elections) (Amendment) Order 2007 (S.I. 2007/308), art. 2(3) and as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
Part 1List of matters
1
Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
2
Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
3
Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.
4
Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.
5
The services of an election agent or any other person whose services are engaged in connection with the candidate's election.
6
Accommodation and administrative costs.
Part 2General Exclusions
7
The payment of any deposit required by rule 9 of Schedule 1 to this Act.
F3037A
1
The provision of property, goods, services or facilities where the expenses are incurred for the purpose of removing, or mitigating the effect of, barriers to seeking elected office associated with the candidate’s disability.
2
But an expense is within sub-paragraph (1) only to the extent that it is defrayed or reimbursed by, and was incurred in accordance with the terms of, a grant awarded by the relevant body out of the Access to Elected Office for Disabled People Fund.
3
In this paragraph—
a
“the Access to Elected Office for Disabled People Fund” means the fund known by that name comprising money provided by the Secretary of State for the purpose of defraying and reimbursing expenses within sub-paragraph (1);
b
“the relevant body” means such body as is making funding decisions and administering payments out of that money pursuant to an agreement with the Secretary of State;
c
“disability” has the same meaning as in the Equality Act 2010 (see section 6 of that Act).
4
This paragraph ceases to have effect at the end of 30th June 2014; but that does not affect the continued operation of this paragraph in relation to expenses incurred and either defrayed or reimbursed, before that time.
8
The publication of any matter, other than an advertisement, relating to the election in—
a
a newspaper or periodical;
b
a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru;
c
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.
9
The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of sections 95(4) and 96(4) above.
10
The provision by an individual of his own services which he provides voluntarily in his own time and free of charge.
11
1
Accommodation which is the candidate's sole or main residence.
2
The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge.
12
1
Transport by a means of transport which was acquired by the candidate principally for his own personal use.
2
Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use.
13
1
Computing or printing equipment which was acquired by the candidate principally for his own personal use.
2
The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge.
Part 3Supplemental
Guidance by Commission
14
1
The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice F247giving—
a
guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule;
b
guidance (supplementing the definition in section 90ZA(3) above) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate’s election.
2
Once the Commission have prepared a draft code under this paragraph, they must submit it to the Secretary of State for his approval.
3
The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.
4
Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—
a
in its original form, or
b
in a form which incorporates any modifications determined under sub-paragraph (3),
before each House of Parliament.
5
If the draft incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of his reasons for making them.
6
If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code.
7
If no such resolution is made within the 40-day period—
a
the Secretary of State must issue the code in the form of the draft laid before Parliament, and
b
the code is to come into force on such date as the Secretary of State may by order appoint,
and the Commission must arrange for it to be published in such manner as they think appropriate.
8
Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.
9
In this paragraph, “the 40-day period”, in relation to a draft code, means—
a
if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
b
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
10
In this paragraph references to a draft code include a revised draft code.
Power to amend Parts 1 and 2
15
1
The Secretary of State may by order made by statutory instrument make such amendments of Part 1 or 2 of this Schedule as he considers appropriate.
2
An order under sub-paragraph (1) shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
3
The Secretary of State may make such an order either—
a
where the order gives effect to a recommendation of the Electoral Commission; or
b
after consultation with the Electoral Commission.
F280SCHEDULE 4BScottish local government elections: election expenses
Sch. 4B inserted (S.) (prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 17(4), 63, Sch. 1
Part 1List of matters
1
Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
2
Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
3
Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.
4
Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.
5
The services of an election agent or any other person whose services are engaged in connection with the candidate's election.
6
Accommodation and administrative costs.
Part 2General exclusions
7
The publication of any matter, other than an advertisement, relating to the election in—
a
a newspaper or periodical;
b
a broadcast made by the British Broadcasting Corporation;
c
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or Part 1 or 2 of the Broadcasting Act 1996 (c. 55).
8
The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of section 96(4) above.
9
The provision by an individual of his own services which he provides voluntarily in his own time and free of charge.
10
1
Accommodation which is the candidate's sole or main residence.
2
The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge.
11
1
Transport by a means of transport which was acquired by the candidate principally for his own personal use.
2
Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use.
12
1
Computing or printing equipment which was acquired by the candidate principally for his own personal use.
2
The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge.
Part 3Power to amend Parts 1 and 2
13
1
The Scottish Ministers may by order made by statutory instrument make such amendment of Part 1 or 2 of this Schedule as they consider appropriate.
2
An order under sub-paragraph (1) may contain such incidental, supplemental, saving or transitional provisions as the Scottish Ministers think fit.
3
No order is to be made under sub-paragraph (1) unless a draft of the instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.
SCHEDULE 5 Use for Parliamentary Election Meetings of Rooms in School Premises and of Meeting Rooms
C2081
1
2
Any question as to the rooms in the school premises which a candidate in any constituency is entitled to use, or as to the times at which he is entitled to use them, or as to the notice which is reasonable, shall be determined by the Secretary of State.
2
1
Every local education authority shall prepare and revise for their area lists of the rooms in school premises which candidates in any constituency are entitled to use.
2
The list shall include the rooms in premises outside, as well as those in premises in, the constituency.
3
1
Every district in the London borough council F250and every Welsh county and county borough council shall prepare and revise for their area lists of the meeting rooms which candidates in any constituency are entitled to use.
2
The list shall indicate the person to whom applications for the use of the room are to be made in each case.
3
The list shall not include any room if the person maintaining it disputes the right of candidates in the constituency to use it.
4
The lists of rooms in school premises and of meeting rooms prepared for each constituency shall be kept by the registration officer, and those lists and particulars of any change made on their revision shall (where necessary) be forwarded to him accordingly.
C2095
In the event of a dissolution, or of a vacancy occurring in the seat for the constituency, any person stating himself to be, or to be authorised by, a candidate or his election agent shall be entitled at all reasonable hours to inspect those lists or a copy of them.
F2885A
In paragraphs 1 and 2 “local authority” has the meaning given by section 579(1) of the Education Act 1996.
C2106
In the application of this Schedule to Scotland—
a
b
subparagraph (1) of paragraph 2, subparagraph (1) of paragraph 3 and paragraph 4 do not apply, and it is the duty of the proper officer of F253every local authority to prepare and keep for each constituency wholly situated in the area of the council and for each part so situated of any other constituency—
i
a list of rooms in school premises, and
ii
a list of meeting rooms,
which candidates in the constituency are entitled to use.
SCHEDULE 6 Ward Elections in the City
1
Without prejudice to the application of any provision of this Act to elections in the City by virtue of sections 191 to 196 of this Act, this Schedule has effect as regards the operation of Part II of the M8City of London (Various Powers) Act 1957 (referred to in this Schedule as “the City Act”) F254and the City of London (Ward Elections) Act 2002.
2
Notwithstanding anything in section 6(1) of the City Act—
a
a person qualified (age apart) to vote as an elector at a ward election shall be entitled to do so if he is of the age of 18 years or over on the date of the poll, except that,
b
a person registered in the ward list to be used at a ward election shall not be entitled to vote as an elector at the election if his entry in the ward list gives a date later than the date of the poll as the date on which he will attain the age of 18 years.
3
Ward lists and provisional ward lists shall give for any elector the date on which it appears to the town clerk of the City that the elector will attain the age of 18 years, if that date is after the 16th November in the year in which the ward lists are to be published.
4
Claims and objections asking for the omission, insertion or alteration of a date in a ward list as that on which an elector will attain that age may be made as in the case of claims and objections relating to the inclusion of a person’s name in the list, and sections 7(4) and 9 of the City Act shall with any necessary modifications apply accordingly.
5
Any power under this Act to prescribe the form of service declaration may be exercised so as to take account of the difference between the qualifying date under this Act and the qualifying date under the F255City of London (Ward Elections) Act 2002.
6
SCHEDULE 7 Transitional and Saving Provisions, and Interpretation of other Acts
Part I Transitional and Saving Provisions
General
1
Where a period of time specified in an enactment repealed by this Act is current at its commencement, this Act has effect as if the provision corresponding to that enactment had been in force when that period began to run.
2
The imposition or subsistence of an incapacity is not affected by the repeal by this Act of any enactment, and any such incapacity shall for the purposes of this Act be treated as having been imposed under the corresponding provision of this Act.
M10Electoral Law Act (Northern Ireland) 1962
F2573
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M11Licensing Act 1964
4
F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M12Northern Ireland Constitution Act 1973
5
So far as sections 8(4) and 26 of this Act reproduce any provision derived from the exercise of the power under section 38 of the Northern Ireland Constitution Act 1973 to make an Order in Council that provision has effect as if it were contained in an Order in Council so made.
Variation of limits of candidates’ election expenses
F2596
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 254 of the M13Local Government Act 1972
7
Any power exercisable under section 254 of the Local Government Act 1972 (consequential and supplementary provision) in relation to a provision of that Act repealed and reenacted by this Act is exercisable in relation to that provision as so reenacted to the extent that it would have been exercisable immediately before such repeal.
M14Criminal Justice Act 1982
F2608
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M15Mental Health (Amendment) Act 1982
F2619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Interpretation of Other Acts
Register, electors, etc.
10
1
A reference in any Act (whenever passed) to—
a
the register of parliamentary and local government electors, or
b
the register of parliamentary electors, or
c
the register of local government electors, or
d
the electors lists for such a register,
shall be taken as a reference to—
i
the register kept under this Act, or
ii
that register so far as it relates to parliamentary electors, or
iii
that register so far as it relates to local government electors, or
iv
the electors lists for such a register,
as the case may be, and references in any Act to a parliamentary or local government elector shall be construed accordingly.
2
In relation to a person shown in a register or electors list as attaining voting age on a specified date the references in subparagraph (1) above do not apply except for the purposes of an election at which the day fixed for the poll falls on or after that date.
Registration and returning officers
11
A reference in any Act (whenever passed) to—
a
the registration officer for the registration of parliamentary or local government electors, or
b
the returning officer for a parliamentary election or constituency,
shall be taken respectively as a reference to the registration officer or returning officer appointed under this Act.
Registration expenses
12
A reference in any Act (whenever passed) to registration expenses in connection with the registration of parliamentary or local government electors shall be taken as a reference to registration expenses under this Act.
Supplemental
13
1
Subject to this paragraph, the provisions of paragraphs 10 to 12 of this Schedule apply to a reference—
a
to any of the matters mentioned in those provisions, whatever the terms used in that reference; and
b
to any other matter which was to be construed as a reference to any of those matters by virtue of an enactment repealed by the Representation of the M16People Act 1948.
2
Those provisions so far as they relate to this Act or any other Act passed after that Act of 1948 do not apply where the context otherwise requires.
3
Those provisions so far as they relate to Acts passed before that Act of 1948 may be excluded in whole or in part by an order of the Secretary of State in any particular case where they appear to him to be inappropriate.
4
That order may make such change in the law which this Act reproduces from the Representation of the M17People Act 1949 as might have been made before its commencement under paragraph 8(1)(c) of Part I of Schedule 10 to that Act of 1948.
5
The provisions of paragraphs 10 to 12 may be supplemented by an order made by the Secretary of State in relation to an Act passed previous to the Representation of the M18People Act 1948—
a
where, in any particular case, such an order appears to him necessary for harmonising the previous Act with the provisions of this Act; and
b
to the extent that the provisions of this Act reenact such provisionsof the Representation of the People Act 1949 as re-enacted provisions of that Act of 1948.
6
A power conferred by this paragraph to make an order shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment by resolution of either House of Parliament.
7
Nothing in paragraphs 10 to 12 shall be taken to prejudice the operation in relation to this Act of any provision of the M19Interpretation Act 1978 as to repeals.
SCHEDULE 8 Consequential Amendments Acts
M20Public Meeting Act 1908
1908, 8 Edw. 7 c. 66.
1
After subsection (3) of section 1 of the Public Meeting Act 1908 insert the following subsection—
4
This section does not apply as respects meetings to which section 97 of the Representation of the People Act 1983 applies.
M23City of London (Various Powers) Act 1957
1957, 5 & 6 Eliz. 2 c. x.
2
In section 4 of the City of London (Various Powers) Act 1957—
a
in subsection (1) for “”Act of 1949”’ substitute “
”Act of 1983
”
’, and for “Representation of the People Act 1949” substitute “
Representation of the People Act 1983
”
;
b
in subsection (1), for “set out in the Second Schedule to the Act of 1949” substitute “
made by the Secretary of State under section 36 of the Act of 1983
”
;
c
in subsection (2), for “Act of 1949” substitute “
Representation of thePeople Act 1949
”
.
3
In section 8 of the M21City of London (Various Powers) Act 1957—
a
in subsection (1)—
i
for “Act of 1949” substitute “
Act of 1983
”
and for “section 167” substitute “
sections 191 to 196
”
;
ii
for the words after “apply to and in respect of ward elections” to the end substitute the words—
section 3 (disfranchisement of offenders in prison, etc.);
section 6 (residence: merchant seaman);
sections 14(1) and 15 to 17 (service qualifications and declarations for registration);
F262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;
section 46 (further provision as to local election voting);
section 59 (supplemental provisions as to members of forces and service voters).
F263b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
in subsection (4), for “Act of 1949” substitute “
Act of 1983
”
and for “rule 21 of the local elections rules” substitute “
rule 20 of the M22Local Elections (Principal Areas) Rules 1973
”
;
e
in subsection (5), for “Act of 1949” substitute “
Act of 1983
”
.
4
In section 9(4) of the City of London (Various Powers) Act 1957 for “Act of 1949” substitute “
Act of 1983
”
.
M25City of London (Various Powers) Act 1960
1960, 8 & 9 Eliz. 2 c. xxxvi.
5
In section 39 of the City of London (Various Powers) Act 1960—
a
in paragraph (b) of subsection (1), for “Representation of the M24People Act 1949” substitute “
Representation of the People Act 1983
”
;
b
in subsection (2), for “Act of 1949” substitute “
Act of 1983
”
.
M26London Government Act 1963
6
In Schedule 3 to the London Government Act 1963—
b
in paragraph 22 of Part II, for “Representation of the People Act 1949” substitute “
Representation of the People Act 1983
”
;
b
in paragraph 23 of Part II, for “said Acts of 1949” substitute “
Representation of the People Act 1983
”
.
M27Licensing Act 1964
7
F264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M28Post Office Act 1969
F26811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1972
12
In the following provisions of the Local Government Act 1972 for “Representation of the People Act 1949” substitute “
Representation of the People Act 1983
”
—sections 6(1), 9(5), 11(3)(b), 16(2), 25(1), 28(2), 29(3)(b), 35(1), 80(1)(e), 86(b) and Schedule 2, paragraph 6(1).
13
In section 89(6) of the M29Local Government Act 1972 for “section 42 above” substitute “
section 36 of the Representation of the People Act 1983
”
.
14
In paragraphs 18(5) and 34(5) of Schedule 12 to the Local Government Act 1972 for “section 42 above and of the enactments mentioned in section 165(1) of the Representation of the M30People Act 1949” substitute “
section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act
”
.
M31Local Government (Scotland) Act 1973
15
In the Local Government (Scotland) Act 1973—
a
in section 4(1), for “Act of 1949” substitute “
Representation of the People Act 1983
”
;
b
in paragraph (d) of section 31(1), for “Representation of the People Act 1949” substitute “
Representation of the People Act 1983
”
.
F26916
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M32Juries Act 1974
17
In section 3(1) of the Juries Act 1974, for “Representation of the People Act 1949” substitute “
Representation of the People Act 1983
”
.
M34House of Commons Disqualification Act 1975
18
In section 6(3) of the House of Commons Disqualification Act 1975, for “section 124(5) of the Representation of the People Act 1949” substitute “
section 144(7) of the Representation of the People Act 1983
”
.
F27019
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975—
a
for the reference to “Registration Officer appointed under Part IIIof the Local Government Act 1972” substitute “
Registration Officer appointed under section 8(2) of the Representation of the People Act 1983
”
;
b
for the reference to “Returning Officer under section 17(2) of the Representation of the M33People Act 1949 and any Deputy Returning Officer appointed by him” substitute “
Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him.
”
F274M35European Parliamentary Elections Act 1978
Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
21
F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M36Judicature (Northern Ireland) Act 1978
24
In paragraph (h) of section 35(2) of the Judicature (Northern Ireland) Act 1978, for “sections 107 to 136 of the Representation of the People Act 1949” substitute “
sections 120 to 156 of the Representation of the People Act 1983
”
.
25
In section 108(1) of the Judicature (Northern Ireland) Act 1978 for “section 110 of the Representation of the People Act 1949” substitute “
section 123 of the Representation of the People Act 1983
”
.
F276Senior Courts Act 1981
Words in Sch. 8 para. 26 cross-heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(b)(d)
26
In section 142(1) of the F275Senior Courts Act 1981 , for “Representation of the People Act 1949” substitute “
Representation of the People Act 1983
”
.
M37Mental Health (Amendment) Act 1982
F27727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Order
M38Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
F35728
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9 Repeals and Revocations
Part I Repeals of Obsolete Provisions
Chapter | Short title | Extent of repeal |
|---|---|---|
7 & 8 Geo. 5. c. 64. | The Representation of the People Act 1918. | Sections 19 and 43. |
12, 13 & 14 Geo. 6. c. 68. | The Representation of the People Act 1949. | In paragraph (b) of section 45(11), from the beginning to the words “appeals thereunder, and”. |
In section 111(2)— | ||
(a) paragraph (a); | ||
(b) in paragraph (b), the words “whose clerk is registration officer”. | ||
In section 116(2), the word “gaolers”. | ||
Section 132. | ||
In section 161(2), the words “a simple contract debt”. | ||
In section 163, in the definition of “public office”, the word “municipal” where it first occurs and the word “bailie”. | ||
In section 168(2), the words “where the poll is taken by means of voting papers”. | ||
Section 170. | ||
In section 174(1), paragraphs (b) and (c). | ||
In Schedule 2— | ||
(a) in Part II, rule 4(3); | ||
(b) in Part IV, in rule 53(2), the words “double return and any”. | ||
In paragraph 1(1) of Schedule 8, the words “and local government electors registered under this Act” to the end. | ||
1968 c. xxxvii. | The City of London (Various Powers) Act 1968. | In section 3— |
(a) in subsection (3), the entry relating to the Representation of the PeopleAct 1949; | ||
(b) subsection (4). | ||
Section 4. | ||
1969 c. 39. | The Age of Majority (Scotland) Act 1969. | In paragraph 2 of Schedule 2, the words “The Representation of the People Acts (and any regulations, rules or other instruments thereunder) and”. |
1969 c. 46. | The Family Law Reform Act 1969. | In paragraph 2 of Schedule 2, the words “The Representation of the People Acts (and any regulations, rules or other instruments thereunder)” and the words “and any statutory provision” to the end. |
1973 c. xx. | The City of London (Various Powers) Act 1973. | Section 9. |
1973 c. 65. | The Local Government (Scotland) Act 1973. | In section 11— |
(a) subsection (2); | ||
(b) in subsection (3), the words “Representation of the People Acts and other” and “and local government”; | ||
(c) subsection (4). | ||
In Schedule 2, paragraph 2(4), (5). | ||
1979 c. 40. | The Representation of the People Act 1979. | The whole Act. |
Part II Consequential Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
12, 13 & 14 Geo. 6 c. 68. | The Representation of the People Act 1949. | The whole Act, so far as unrepealed. |
12, 13 & 14 Geo. 6 c. 86. | The Electoral Registers Act 1949. | The whole Act. |
2 & 3 Eliz. 2 c. 8. | The Electoral Registers Act 1953. | The whole Act. |
6 & 7 Eliz. 2 c. 55. | The Local Government Act 1958. | In Schedule 8, paragraph 31(2) to (4). |
6 & 7 Eliz. 2 c. 64. | The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958. | In Part I of Schedule 4, paragraph 16(2). |
1961 c. xxviii. | The City of London (Various Powers) Act 1961. | Section 44. |
1963 c. 33. | The London Government Act 1963. | In Schedule 3— |
(a) in Part I, paragraph 16; | ||
(b) in Part III, paragraphs 27, 31 to 33 and 35. | ||
1964 c. 31. | The Elections (Welsh Forms) Act 1964. | The whole Act. |
1968 c. 64. | The Civil Evidence Act 1968. | In the Schedule, the entry relating to the Representation of the People Act 1949. |
1969 c. 15. | The Representation of the People Act 1969. | The whole Act. |
1969 c. 48. | The Post Office Act 1969. | In Part II of Schedule 4, paragraph 47. |
1971 c. 23. | The Courts Act 1971. | In Part II of Schedule 8, paragraph 30. |
1971 c. 36. (N.I.). | The Civil Evidence Act (Northern Ireland) 1971. | In the Schedule, the entry relating to the Representation of the People Act 1949. |
1972 c. 70. | The Local Government Act 1972. | Part III |
In section 243— | ||
(a) in subsection (2), the words “section 42 above or”; | ||
(b) in subsection (4), the words “section 44(1) or”. | ||
Schedule 6. | ||
1973 c. 65. | The Local Government (Scotland) Act 1973. | Sections 6 to 10. |
In Schedule 3, paragraphs 2 to 18, and 20 to 23. | ||
1974 c. 23. | The Juries Act 1974. | Section 3(3). |
1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In Schedule 7A, item 6. |
1975 c. 24. | The House of Commons Disqualification Act 1975. | Section 10(1). |
1976 c. 29. | The Representation of the People (Armed Forces) Act 1976. | The whole Act. |
1976 c. 52. | The Armed Forces Act 1976. | In Schedule 9, paragraph 19. |
1976 c. 63. | The Bail Act 1976 | In Schedule 2, paragraph 12. |
1977 c. 9. | The Representation of the People Act 1977. | The whole Act. |
1977 c. 14. | The Returning Officers (Scotland) Act 1977. | The whole Act. |
1977 c. 45. | The Criminal Law Act 1977. | In Schedule 1, item 9. |
In Schedule 12, the entry relating to the Representation of the People Act 1949. | ||
1978 c. 4. | The Local Government (Scotland) Act 1978. | In the Schedule, paragraph 2. |
1978 c. 23. | The Judicature (Northern Ireland) Act 1978. | In Part II of Schedule 5, the entry relating to the Representation of the People Act 1949. |
1978 c. 32. | The Representation of the People Act 1978. | The whole Act. |
1979 c. 31. | The Prosecution of Offences Act 1979. | In Schedule 1, the entry relating to the Representation of the People Act 1949. |
1980 c. 3. | The Representation of the People Act 1980. | The whole Act. |
1981 c. 34. | The Representation of the People Act 1981. | Section 3 and the Schedule. |
1982 c. 51. | The Mental Health (Amendment) Act 1982 | Section 62. |
Section 69(5). | ||
In section 70(2) the words— | ||
(a) “62 and”; | ||
(b) “and Schedule 2 to this Act”. | ||
Schedule 2. |
Part III Consequential Revocations
Year and number | Title | Extent of revocation |
|---|---|---|
S.I. 1973/2095. | Local Government Reorganisation (Consequential Provisions) (Northern Ireland) Order 1973. | Article 2(4) to (6). |
S.I. 1973/2163. | Northern Ireland (Modification of Enactments—No. 1) Order 1973. | In Schedule 5, paragraph 15. |
S.I. 1974/595. | Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974. | Article 3(7). |
S.I. 1977/293. | Local Authorities etc. (Miscellaneous Provision) Order 1977. | Article 4(2). |
S.I. 1981/191. | Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 1981. | The whole Order. |
S.I. 1982/363. | Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 1982. | The whole Order. |
Sch. ZA1 inserted (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), ss. 5(2), 27(1), Sch. 3 (with Sch. 5); S.I. 2014/414, art. 5(e)(l); S.I. 2014/2439, art. 2(d)(k)