Representation of the People Act 1983

SCHEDULES

Section 23.

SCHEDULE 1 Parliamentary Elections Rules

1. Part I Provisions as to Time

   1. 1. Timetable

   2. 2 Computation of tune.

2. Part II Stages Common to Contested and Uncontested Elections

   1. Issue of writ and notice of election

      1. 3. Issue of writ

      2. 4. Conveyance of writ to acting returning officer

      3. 5. Notice of election

   2. Nomination

      1. 6. Nomination of candidates

      2. 7. Subscription of nomination paper

      3. 8. Consent to nomination

      4. 9. Deposit

      5. 10. Place for delivery of nomination papers

      6. 11. Right to attend nomination

      7. 12. Decisions as to validity of nomination papers

      8. 13. Withdrawal of candidates

      9. 14. Publication of statement of persons nominated

      10. 15. Disqualification by Representation of the People Act 1981

      11. 16. Adjournment of nomination proceedings in case of riot

      12. 17. Method of election

3. Part III Contested Elections

   1. General Provisions

      1. 18. Poll to be taken by ballot

      2. 19. The ballot papers

      3. 20. The official mark

      4. 21. Prohibition of disclosure of vote

      5. 22. Use of schools and public rooms

   2. Action to be taken before the poll

      1. 23. Notice of poll

      2. 24. Postal ballot papers

      3. 25. Provision of polling stations

      4. 26. Appointment of presiding officers and clerks

      5. 27. Special lists

      6. 28. Issue of official poll cards

      7. 29. Equipment of polling stations

      8. 30. Appointment of polling and counting agents

      9. 31. Declaration of secrecy

   3. The poll

      1. 32. Admission to polling station

      2. 33. Keeping of order in station

      3. 34. Sealing of ballot boxes

      4. 35. Questions to be put to voters

      5. 36. Challenge of voter

      6. 37. Voting procedure

      7. 38. Votes marked by presiding officer

      8. 39. Voting by blind persons

      9. 40. Tendered ballot papers

      10. 41. Spoilt ballot papers

      11. 42. Adjournment of poll in case of riot

      12. 43. Procedure on close of poll

   4. Counting of votes

      1. 44. Attendance at counting of votes

      2. 45. The count

      3. 46. Re-count

      4. 47. Rejected ballot papers

      5. 48. Decisions on ballot-papers

      6. 49. Equality of votes

4. Part IV Final Proceedings in Contested and Uncontested Elections

   1. 50. Declaration of result

   2. 51. Return to the writ

   3. 52. Record of returns at Crown Office

   4. 53. Return or forfeiture of candidate's deposit

5. Part V Disposal of Documents

   1. 54. Sealing up of ballot papers

   2. 55. Delivery of documents to Clerk of the Crown

   3. 56. Orders for production of documents

   4. 57. Retention and public inspection of documents

   5. 58. Disposal of documents in Scotland

   6. 59. Disposal of documents in Northern Ireland

6. Part VI Death of Candidate

   1. 60. Countermand or abandonment of poll on death of candidate

7. Appendix of Forms

   1. Form of writ

   2. Form of notice of election.

   3. Form of nomination paper.

   4. Form of ballot paper.

   5. Directions as to printing the ballot paper.

   6. Form of directions for guidance of the voters in voting.

   7. Form of declaration to be made by the companion of a blind voter.

PART I Provisions as to Time

Timetable

1 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 issue of the proclamation summoning the new Parliament.	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 proclamation summoning the new Parliament.	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.	In the case of a general election or a by-election, at the close of the time for making objections to nomination papers or as soon afterwards as any objections are disposed of.
Polling	In the case of a general election, between the hours of 7 in the morning and 10 at night on the tenth day after the last day for delivery of nomination papers.	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 eighth nor later than the tenth day after the last day for delivery of nomination papers.

Computation of time

2 (1) In computing any period of time for the purposes of the Timetable—

(a) a Saturday or Sunday,

(b) a day of the Christmas break, of the Easter break or of a bank holiday break, or

(c) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings 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 [1971 c. 80.] Banking 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 ; and

(ii) extending, by reason of riot or open violence, beyond the time laid down by the Timetable.

(3) In this rule—

• " bank holiday break " means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last weekday before that bank holiday and ending with the next weekday which is not a bank holiday,

• " Christmas break " means the period beginning with the last weekday before Christmas Day and ending with the first weekday after Christmas Day which is not a bank holiday,

• " Easter break " means the period beginning with the Thursday before and ending with the Tuesday after Easter Day,

• " weekday " does not include a Saturday, but so much of this paragraph as includes in a bank holiday break a period before and after a bank holiday does not apply to bank holidays other than New Year's Day which are not bank holidays in England and Wales.

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

5 (1) The returning officer shall publish notice of the election in the form in the Appendix, 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.

(2) The notice of election shall state the date by which—

(a) applications to be treated as an absent voter, 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.

(3) In addition the registration officer shall give notice of the date mentioned in paragraph (2) above in the constituency by such means as he thinks best calculated to bring the information to the notice of those concerned. Nomination

NOMINATION

Nomination of candidates

6 (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 tie candidate's behalf by his election agent if tie 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,

(b) home address in full, and

(c) if desired, description,

and the surname shall be placed first in the list of his names.

(3) The description, if any, shall not exceed 6 words, in length, and need not refer to his rank, profession or calling so long as, with the candidate's other particulars, it is sufficient to identify him.

Subscription of nomination paper

7 (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.

(6) In this rule—

• " elector " means a person—

  (a)

  who is registered as a parliamentary elector in the constituency in the register to be used at the election, or

  (b)

  who, pending the publication of that register, appears from the electors lists for that register as corrected by the registration officer to be entitled to be so registered, and accordingly includes a person shown in the register or electors lists as below voting age if it appears from it that he will be of voting age on the day fixed for the poll, but not otherwise ; and

• " electoral number " means—

  (i)

  a person's number in that register, or

  (ii)

  pending the publication of the register, his number (if any) in the electors lists for that register.

Consent to nomination

8 (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 ncinination 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 [1975 c. 24.] House 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.

Deposit

9 (1) A person shall not be validly nominated unless the sum of £150 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,

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.

Place for delivery of nomination papers

10 (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) unless the constituency is a borough constituency, in a district adjoining the constituency or registration area.

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) the district or (if more than one) any of the districts in which the constituency is situated ; or

(c) any district adjoining the district or districts (as the case may be) in which the constituency is situated.

Right to attend nomination

11 (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,

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.

(4) A candidate's wife or husband 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.

Decisions as to validity of nomination papers

12 (1) Where a nomination paper and the candidate's consent to it 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

(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 [1981 c. 34.] Representation of the People Act 1981.

(3) The returning officer shall give his decision on any objection to a nomination paper as soon as practicable after it is made.

(4) Where he 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

13 (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

14 (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, together with the names of the persons subscribing those papers.

(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.

(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.

Disqualification by Representation of the People Act 1981

15 (1) If it appears to the returning officer that any of the persons nominated might be disqualified by the [1981 c. 34.] Representation of the People 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

16 (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

17 (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

18 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

19 (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 printed on the back ;

(d) shall have attached a counterfoil with the same number printed on the face.

(3) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

The official mark

20 (1) Every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

(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.

(3) The official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

Prohibition of disclosure of vote

21 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

22 (1) 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) in England and Wales, to a school maintained or assisted by a local education authority or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(ii) in Scotland, to a school other than an independent school within die meaning of the [1980 c. 44.] Education (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.

(2) 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.

(3) 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

23 (1) 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; and

(c) the mode in which voters are to vote.

(3) The returning officer shall as soon as practicable after publication of a notice of poll give to each of the election agents a description in writing of the polling districts.

Postal ballot papers

24 The returning officer shall as soon as practicable send to those entitled to vote by post, at the addresses provided by them for the purpose, a ballot paper and a declaration of identity in the prescribed form, together with an envelope for their return.

Provision of polling stations

25 (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) In a constituency in Scotland comprising the whole or any part of more districts than one, there shall be at least one polling station in each of those districts.

(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

26 (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.

Special lists

27 The registration officer shall as soon as practicable prepare the following special lists-

(a) a list (in these rules referred to as "the absent voters list") giving the name and number on the register of every person entitled to vote at the election as an absent voter;

(b) a list (in these rules referred to as " the list of proxies ") giving—

(i) the names and numbers on the register of the electors for whom proxies have been appointed (omitting any of those electors who are registered as service voters and entitled to vote by post); and

(ii) the names and addresses of the persons appointed;

(c) a list of any persons entitled to vote by post as proxy at the election.

Issue of official poll cards

28 (1) The returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person—

(a) as an elector if he is placed on the absent voters list for the election; or

(b) as a proxy if his application to vote as such by post is allowed for the election.

(2) An elector's official poll card shall be sent or delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.

(3) 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.

(4) Paragraph (6) of rule 7 above applies for the interpretation of this rule.

Equipment of polling stations

29 (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) instruments for stamping on them the official mark;

(c) copies of the register of electors or such part of it as contains the names of 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 sub-paragraph (c) above.

(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.

(5) In every compartment of every polling station there shall be exhibited a notice as follows—

(a) " The voter may vote for only one candidate " ; or

(b) " The voter may vote for not more than one candidate ".

Appointment of polling and counting agents

30 (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.

(2) 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 second 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) The foregoing provisions of this rule shall be without prejudice to the requirements of section 72(1) of this Act as to the appointment of paid polling agents, and 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 (6) 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.

(9) 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.

Declaration of secrecy

31 (1) Before the opening of the poll a declaration of secrecy in the form in paragraph (4) of this rule, or in a form as near to it as circumstances admit, shall be made by—

(a) the returning officer and the presiding officers ;

(b) every clerk authorised to attend at a polling station or the counting of the votes;

(c) every candidate attending at a polling station or at the counting of the votes and every election agent so attending;

(d) every candidate's wife or husband attending at the counting of the votes;

(e) every polling agent and counting agent;

(f) every person permitted by the returning officer to attend at the counting of the votes, though not entitled to do so,

but the constables on duty at polling stations or at the counting of the votes shall not be required to make the declaration of secrecy.

(2) Notwithstanding anything in paragraph (1) above, the following persons attending at the counting of the votes—

(a) any candidate,

(b) any election agent, or any candidate's wife or husband attending by virtue of the rule authorising election agents and candidates' wives or husbands to attend as such,

(c) any person permitted by the returning officer to attend, though not entitled to do so,

(d) any clerk making the declaration in order to attend at the counting of the votes,

need not make the declaration before the opening of the poll but shall make it before he or she is permitted to attend the counting, and a polling or counting agent appointed after the opening of the poll shall make the declaration before acting as such an agent

(3) The returning officer shall make the declaration in the presence of a justice of the peace, and any other person shall make the declaration in the presence either of a justice of the peace or of the returning officer, and subsections (1), (2), (3) and (6) of section 66 of this Act shall be read to the declarant by the person taking the declaration or shall be read by the declarant in the presence of that person; but—

(a) in England and Wales the declaration may be made by the returning officer or any other person before a person who is chairman of the Greater London Council, a county council or a district council or mayor of a London borough, and may be made by a person other than the remrning officer before a person who is the proper officer of any such council; and

(b) in Scotland the declaration may be made by a person other than the returning officer before the proper officer of an islands or regional council; and

(c) in Northern Ireland the declaration may be made by a person other than the returning officer before the clerk of a district council.

(4) The declaration shall be as follows—

“I solemnly promise and declare that I will not do anything forbidden by subsections (1), (2), (3) and (6) of section 66 of the Representation of the People Act 1983, which have been read to [by] me.”

THE POLL

Admission to polling station

32 (1) The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except—

(a) the candidates and their election agents ;

(b) the polling agents appointed to attend at the polling station ;

(c) the clerks appointed to attend at the polling station ;

(d) the constables on duty; and

(e) the companions of blind voters.

(2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

(3) 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.

(4) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station

33 (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

34 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

35 (1) The presiding 'officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them—

(a) in the case of a person applying as an elector—

(i) " Are you the person registered in the register of parliamentary electors for this election as follows? " (read the whole entry from the register)

(ii) "Have you already voted, here or elsewhere, at this by-election [general election], otherwise than as proxy for some other person? "

(b) in the case of a person applying as proxy—

(i) " Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? "

(ii) " Have you already voted here or elsewhere at this by-election [general election] as proxy on behalf of C.D.? "

(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned above shall, put the following additional question—

“Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?”

and if that question is not answered in the affirmative the following question—

“Have you at this election already voted in this constituency on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?”

(3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

(4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter

36 (1) If at the time a person applies for a ballot paper for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or his election or polling agent—

(a) declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation, and

(b) undertakes to substantiate the charge in a court of law,

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

(2) A person against whom a declaration is made under this rule shall not by reason of it be prevented from voting.

(3) A person arrested under the provisions of this rule shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedure

37 (1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

(a) the ballot paper shall be stamped with the official mark ;

(b) the number, name and description 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 the counterfoil;

(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.

(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 the official 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.

Votes marked by presiding officer

38 (1) The presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other physical cause 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.

(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.

Voting by blind persons

39 (1) If a voter makes an application to the presiding officer to be allowed on the ground of blindness 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 whether he is so incapacitated by his blindness as to be unable to vote without assistance.

(2) 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 blind voter ") that the companion—

(i) is a qualified person within the meaning of this rule, and

(ii) has not previously assisted more than one blind person 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.

(3) For the purposes of this rule, a person shall be qualified to assist a blind voter to vote, if that person is either—

(a) a person who is entitled to vote as an elector at the election; or

(b) the father, mother, brother, sister, husband, wife, son or daughter of the blind 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 blind voters 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.

(5) The declaration made by the companion—

(a) shall be in the form in the Appendix ;

(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

40 (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 named in the list of persons 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.

(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 ").

(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.

Spoilt ballot papers

41 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.

Adjournment of poll in case of riot

42 (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

43 (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 and of the list of proxies,

(e) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll,

(f) the tendered votes list, the list of blind voters 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 " physical incapacity" and " unable to read", and the declarations made by the companions of blind voters,

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 counterfoils of the used ballot papers and 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.

COUNTING OF VOTES

Attendance at counting of votes

44 (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 their wives or husbands,

(c) the election agents,

(d) the counting agents,

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.

(5) 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.

The count

45 (1) Before the returning officer proceeds to count the votes, he shall—

(a) in the presence of the counting agents open each ballot box and, taking out the ballot papers in it, count and record the number of them and in the presence of the election agents verify each ballot paper account;

(b) count such of the postal ballot papers as have been duly returned and record the number counted ; and

(c) then mix together the whole of the ballot papers mentioned in the foregoing sub-paragraphs.

(2) A postal ballot paper shall not be deemed to be duly returned unless 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 authenticated.

(3) The returning officer shall not count any tendered ballot paper.

(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 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 (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered 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.

Re-count

46 (1) A candidate or his election agent may, if present when the counting or any re-count of the votes is completed, require the returning officer to have the votes re-counted or again re-counted 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 re-count 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

47 (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

48 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

49 Where, after the counting of the votes (including any re-count) 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

50 (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 die 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 the postmaster of the principal post office of the place of election or the postmaster's deputy.

(4) The postmaster 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

53 (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 as soon as practicable after the result of the election is declared.

(3) Ii 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 re-count) is completed, the candidate is found not to have polled more than one-eighth 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.

PART V Disposal of Documents

Sealing up of ballot papers

54 (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.

(2) The returning officer shall not open the sealed packets of tendered ballot papers or of counterfoils and certificates as to employment on duty on the day of the poll, or of marked copies of the register of electors and lists of proxies.

Delivery of documents to Clerk of the Crown

55 (1) The returning officer shall then forward to the Clerk of the Crown 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, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters,

(d) the packets of counterfoils and certificates as to employment on duty on the day of the poll,

(e) the packets containing marked copies of registers and of lists of proxies,

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.

(2) The returning officer may forward the documents either by delivering them by himself or his agent to the Clerk of the Crown or his deputy or by sending them by post in like manner as he may send the writ by post; but if he sends them by post—

(a) he shall send a letter to the Clerk of the Crown by the same post, specifying the number and description of the documents so sent;

(b) a copy of the receipt given him by the postmaster or deputy postmaster shall be signed by him and retained by the postmaster or deputy postmaster.

(3) The Clerk of the Crown shall on receiving the documents give a receipt to the person delivering them, and shall register them in books of the Crown Office specifying the date and time of receipt

(4) Any receipt to be given for the documents shall show the date and time of their receipt.

Orders for production of documents

56 (1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the Clerk of the Crown, or

(b) for the opening of a sealed packet of counterfoils and 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 a country court.

(2) An order for the opening of a sealed packet of counterfoils and certificates or for the inspection of any counted ballot papers in the Clerk of the Crown's custody may be made by an election court.

(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 counterfoils and 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 a county court under this rule.

(5) Any power given under this rule—

(a) to the High Court or, except in Northern Ireland, to a 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 Clerk of the Crown 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.

(7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.

(8) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Clerk of the Crown or to open any sealed packets of counterfoils and certificates.

Retention and public inspection of documents

57 (1) The Clerk of the Crown 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.

(2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and subject to such conditions as may be prescribed by the Clerk of the Crown with the consent of the Speaker of the House of Commons.

(3) The Clerk of the Crown shall, on request, supply copies of or extracts from the documents open to public inspection on payment of such fees and subject to such conditions as may be sanctioned by the Treasury.

Disposal of documents in Scotland

58 In Scotland, the documents mentioned in sub-paragraphs (a) to (e) of paragraph (1) of rule 55 of these rules shall, instead of being forwarded to the Clerk of the Crown—

(a) be kept by the sheriff clerk of the sheriff court district comprising the constituency, or

(b) if the constituency comprises the whole or part of more sheriff court districts than one, the sheriff clerk of such one of those sheriff court districts as the Secretary of State may by order appoint,

and the provisions of rules 56 and 57 of these rules apply to those documents with the substitution of that sheriff clerk for the Clerk of the Crown.

Disposal of documents in Northern Ireland

59 In relation to an election for a constituency in Northern Ireland, any reference in this Part of these rules to the Clerk of the Crown shall be taken as a reference to the Clerk of the Crown for Northern Ireland.

PART VI Death of Candidate

Countermand or abandonment of poll on death of candidate

60 (1) 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 as candidate in the ballot papers has died, then the returning officer shall countermand notice of the poll or, if polling has begun, direct that the poll be abandoned. and all proceedings with reference to the election shall be commenced afresh in all respects as if the writ had been received 28 days after the day on which proof was given to the returning officer of the death except that—

(a) no fresh nomination shall be necessary in the case of a person shown in the statement of persons nominated as standing nominated, and

(b) in the case of a general election, as in the case of a by-election, the time for delivery of nomination papers and the time for polling shall be determined in accordance with the third column in the Timetable in rule 1 of these rules (with the necessary modification of any reference to the date on which the writ is received).

(2) Where the poll is abandoned by reason of a candidate's death the proceedings at or consequent on that poll shall be interrupted, and the presiding officer at any polling station shall 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 in due course, and the returning officer shall dispose of ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, but—

(a) it shall not be necessary for any ballot paper account to be prepared or verified ; and

(b) the returning officer, without taking any step or further step for the counting of the ballot papers or of the votes shall seal up all the ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

(3) 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 to any such documents relating to a poll abandoned by reason of a candidate's death, with the following modifications—

(a) ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers; and

(b) no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.

APPENDIX OF FORMS

Note.—The forms contained in this Appendix may be adapted so far as circumstances require.

Section 53.

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 district or London borough.

(2) Provisions authorising a registration officer to require persons to give information required for the purpose of his registration duties.

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 [1974 c. 23.] Juries Act 1974.

3 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.

4 Provisions as to the manner in which service declarations, and applications and notices from service voters, are to be transmitted to the registration officer.

5 (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.

(2) Provisions as to the evidence of age or nationality which may be required 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.

(4) Provisions 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 be treated as an absent voter—

(a) of his being subject to any physical incapacity and as to its probable duration; or

(b) of his being bound to any religious observance and of the nature and times of the observance; or

(c) of the fact that he is acting as returning officer at any election ; or

(d) of his employment as a constable or by a returning officer, mayor or person acting as mayor and the circumstances of that employment.

6 Provisions as to the cases in which a claim 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.

7 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.

8 Provisions as to marking the register so as to distinguish those registered as service voters and others having special rights as to the place or manner of voting at any election.

9 Provisions as to marking the register so as to distinguish those who are registered by virtue of the special provision about residence applying to merchant seamen or who, though not so registered, are merchant seamen within the meaning of that provision.

10 Provisions requiring copies of the electors lists, register and other documents or prescribed parts of them to be available for inspection by the public at such places as may be prescribed.

11 Provisions authorising or requiring the registration officer to supply to such persons as may be prescribed copies of the electors lists, register and other documents or prescribed parts of them, whether free of charge or on payment of a prescribed fee.

12 Provisions as to the proceedings in connection with the issue and receipt of ballot papers for voting by post (including provisions as to the persons who are to be entitled or may be allowed to attend and the rights and obligations of persons attending), and provisions 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.

13 (1) Provisions imposing pecuniary penalties (not exceeding level 3 on the standard scale, or, in Northern Ireland, not exceeding £100, for any offence) on persons summarily convicted—

(a) of having 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 paragraph 2 above.

(b) of having, 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.

(2) Any other provisions incidental or supplemental to those mentioned in the foregoing paragraphs of this Schedule.

Sections 81 and 82.

SCHEDULE 3 Return and Declarations as to Election Expenses

Sections 90 and 197.

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 sub-paragraph 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 send 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 £1) 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) In relation to an offence under this paragraph—

(a) a proceeding for an offence under this paragraph shall be commenced within one year after the offence was committed and the time so limited by this sub-paragraph shall, in the case of any proceedings under the [1980 c. 43.] Magistrates' Courts Act 1980 be substituted for any limitation of time contained in that Act;

(b) 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 a county court may be exercised otherwise than in open court; and

(b) an appeal lies to the High Court from any order of a county court made by virtue of that paragraph.

Section 95.

SCHEDULE 5 Use for Parliamentary Election Meetings of Rooms in School Premises and of Meeting Rooms

1 (1) Any arrangements for the use of a room in school premises shall be made with the local education authority maintaining the school.

(2) Any question as to the rooms in 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 and London 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.

5 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.

6 In the application of this Schedule to Scotland—

(a) for any reference to a local education authority substitute a reference to an education authority ;

(b) sub-paragraph (1) of paragraph 2, sub-paragraph (1) of paragraph 3 and paragraph 4 do not apply, and it is the duty of the proper officer of the council of every islands area and district 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.

Section 191(2).

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 [1957 c. x.] City of London (Various Powers) Act 1957 (referred to in this Schedule as " the City Act").

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 fists 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 fist 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 City Act.

6 Nothing in this Act affects the operation of subsections (3) and (4) and paragraph (a) of subsection (5) of section 5 of the [1949 c. 68.] Representation of the People Act 1949 (which contain provisions relating to the yearly value of lands and premises and to cases of their joint occupation) in relation to their application by section 4(2) of the City Act.

Section 206.

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.

[1962 c. 14 (N.I.).] Electoral Law Act (Northern Ireland) 1962

3 Notwithstanding the repeal by this Act of section 1(3) of the [1977 c. 9.] Representation of the People Act 1977, the amendments by that section 1(3) of the Electoral Law Act (Northern Ireland) 1962 continue to have the same effect as they had immediately before the coming into force of this Act.

[1964 c. 26.] Licensing Act 1964

4 Notwithstanding the repeal by this Act of section 24(2) of the [1969 c. 15.] Representation of the People Act 1969, the amendments by that section 24(2) of the Licensing Act 1964 continue to have the same effect as they had immediately before the coming into force of this Act.

[1973 c. 36.] Northern 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

6 Notwithstanding the revocation by this Act of the [S.I. 1981/191.] Representation of the People -(Variation of Limits of Candidates' Election Expenses) Order 1981 and the [S.I. 1982/363.] Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 1982, on the commencement of this Act the coming into operation of those orders shall for the purposes of sections 76(3) and 197(3) of this Act be taken (as the case may be) as the last occasion on which the maximum amount of the candidates' expenses was varied by order.

Section 254 of the [1972 c. 70.] Local 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 re-enacted by this Act is exercisable in relation to that provision as so re-enacted to the extent that it would have been exercisable immediately before such repeal.

[1982 c. 48.] Criminal Justice Act 1982

8 In the Table below—

(a) the first column sets out certain provisions of this Act which specify a fine on summary conviction,

(b) the second column sets out in relation to each corresponding provision in the first column the maximum amount of that fine, and (notwithstanding anything in that provision to the contrary) that maximum amount shall continue to have effect as to any such fine until replaced as mentioned in paragraph (c) below,

(c) the third column sets out in relation to each corresponding provision in the first column the level on the standard scale which shall replace that maximum amount in relation to any such fine by virtue of an order made under section 80 (commencement) of the [1982 c. 48.] Criminal Justice Act 1982 bringing the relevant provisions of that Act into force,

but nothing in paragraphs (b) and (c) above affects the punishment for an offence committed before the replacement mentioned in those paragraphs.

This paragraph does not apply in Northern Ireland.

TABLE

Provision of this Act	Maximum amount of fine	Level on standard scale
Section 62(1)	£500	4
Section 63(1)	£100	3
Section 64(1)	£100	3
Section 65(4)	£50	2
Section 97(3)	£25	1
Section 99(2)	£200	4
Section 100(2)	£100	3
Section 110(3)	£100	3
Section 169	£100	3
Section 175(1)	£100	3
Section 190	£50	2
Schedule 2, paragraph 13(1)	£100	3
Schedule 4, paragraph 2	£50	3

[1982 c. 51.] Mental Health (Amendment) Act 1982

9 Notwithstanding the repeal by this Act of section 4(3) of the [1949 c. 68.] Representation of the People Act 1949, that subsection shall continue to have effect instead of section 7 of this Act until the coming into force (on 1st April 1983) of section 62 of and Schedule 2 (electoral registration and voting in case of voluntary mental patients) to the Mental Health (Amendment) Act 1982; and the following provisions of this Act shall not have effect until that coming into force—

(a) sections 5(3) and 7 ;

(b) section 19(1) and (4), 32(1), 33(2) and 62(1) to the extent that they provide for or refer to a patient's declaration under section 7 ;

(c) paragraph 27 of Schedule 8 ; and

(d) Part II of Schedule 9 to the extent that it repeals certain provisions of the Mental Health (Amendment) Act 1982.

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 sub-paragraph (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 [1948 c. 65.] Representation of the People 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 [1949 c. 68.] Representation of the People 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 [1948 c. 65.] Representation of the People 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 re-enact such provisions of 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 [1978 c. 30.] Interpretation Act 1978 as to repeals.

Section 206.

SCHEDULE 8 Consequential Amendments Acts

Public Meeting Act 1908

1 After subsection (3) of section 1 of the [1908, 8 Edw. 7 c. 66.] 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.”

City of London (Various Powers) Act 1957

2 In section 4 of the [1957, 5 & 6 Eliz. 2 c. x.] 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 the People Act 1949 " .

3 In section 8 of the [1957, 5 & 6 Eliz. 2 c. x.] City 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 seamen) ;

• sections 14(1) and 15 to 17 (service qualifications and declarations for registration) ;

• section 32 (voting at local government elections) ;

• section 33 (absent voters at local government elections) ;

• section 34 (proxies at local government elections) ; section 46 (further provision as to local election voting);

• section 59 (supplemental provisions as to members of forces and service voters).”

(b) in subsection (2)—

(i) for " section 23 of the 1949 Act" substitute " section 32 of the 1983 Act " ;

(ii) for "' at the polling station allotted to them under the local election rules'" substitute " ' at the polling station allotted to them by the rules under section 36 or section 42 below' " .

(c) in subsection (3), for " section 25 of the Act of 1949 " substitute " section 34 of the Act of 1983 " ;

(d) 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 [S.I. 1973/79.] Local 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 " .

City of London (Various Powers) Act 1960

5 In section 39 of the [8 & 9 Eliz. 2 c. xxxvi.] City of London (Various Powers) Act 1960—

(a) in paragraph (b) of subsection (1), for "[1949 c. 68.] Representation of the People Act 1949 " substitute " Representation of the People Act 1983 " ;

(b) in subsection (2), for "Act of 1949" substitute " Act of 1983 " .

London Government Act 1963

6 In Schedule 3 to the [1963 c. 33.] London Government Act 1963—

(a) 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 " .

Licensing Act 1964

7 In section 12(2) of the [1964 c. 26.] Licensing Act 1964 for " section 146(6) of the [1949 c. 68.] Representation of the People Act 1949 " substitute " section 168(7) of the Representation of the People Act 1983 " .

8 In section 67(5) of the Licensing Act 1964, for " Representation of the People Act 1949" substitute " Representation of the People Act 1983 " , and—

(a) in paragraph (a) of that subsection, for " section 47, section 48 " substitute " section 60, section 61 " , and for " section 52 " substitute " section 65 " ;

(b) in paragraph (b) of that subsection, for " section 53 " substitute " section 66 " ;

(c) in paragraph (c) of that subsection, for " sections 99 to 101 " substitute " sections 113 to 115 " ;

(d) in paragraph (d) of that subsection, for "sections 146 to 148 and 151 " substitute " sections 168 to 170 and 173 " ;

(e) in paragraph (i) of that subsection, for " section 53 " substitute " section 66 " ; and

(f) in paragraph (ii) of that subsection, for " section 99 " substitute " section 113 " .

9 In section 67(6) of the Licensing Act 1964—

(a) for "sections 147 and 151 of the Representation of the People Act 1949 " substitute " sections 169 and 173 of the Representation of the People Act 1983) " ; and

(b) for " section 151 " substitute " section 173 " .

10 In Schedule 8 to the Licensing Act 1964—

(a) in paragraph 1, for " section 42 of the [1972 c. 70.] Local Government Act 1972 " substitute " section 36 of the Representation of the People Act 1983 " ;

(b) in paragraph 5—

(i) for " section 42 of the Representation of the People Act 1949 " substitute " section 53 of the Representation of the People Act 1983 " ;

(ii) for " section 53(4) of the Representation of the People Act 1949 " substitute " section 66(4) of the Representation of the People Act 1983 " .

Post Office Act 1969

11 In section 72(1) of the [1969 c. 48.] Post Office Act 1969 for " Representation of the People Act 1949" substitute "Representation of the People Act 1983 " .

Local Government Act 1972

12 In the following provisions of the [1972 c. 70.] 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)(6), 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 Local 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 [1949 c. 68.] Representation of the People 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 " .

Local Government (Scotland) Act 1973

15 In the [1973 c. 65.] 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 " .

16 In paragraph (b) of section 64(5) of the Local Government (Scotland) Act 1973, for " section 6(3) of the Representation of the People Act 1949 " substitute " section 8(3) of the Representation of the People Act 1983 " .

Juries Act 1974

17 In section 3(1) of the [1974 c. 23.] Juries Act 1974, for " Representation of the People Act 1949 " substitute " Representation of the People Act 1983 " .

House of Commons Disqualification Act 1975

18 In section 6(3) of the [1975 c. 24.] 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 " .

19 For section 10 of the House of Commons Disqualification Act 1975 substitute—

“10 Saving as to disqualification of priests in holy orders etc.

Nothing in this Act shall be construed as affecting the enactments relating to the disqualification for membership of the House of Commons of priests in holy orders or ministers of any religious denomination.”

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 in of 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 [1949 c. 68.] Representation of the People 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. "

European Assembly Elections Act 1978

21 In section 4(2) of the [1978 c. 10.] European Assembly Elections Act 1978—

(a) for "Representation of the People Act 1949" substitute " Representation of the People Act 1983 " ;

(b) for " section 48(2) " substitute " section 61(2) " ;

(c) for " section 48(7) " substitute " section 61(7) " ; and

(d) for " section 155 " substitute " section 178 " .

22 In paragraph (b) of section 7(2) of the European Assembly Elections Act 1978 for " section 43(2) of the Representation of the People Act 1949" substitute " section 54(2) of the Representation of the People Act 1983 " .

23 In paragraph 4(2) of Schedule 1 to the European Assembly Elections Act 1978, for " section 6 of the [1973 c. 65.] Local Government (Scotland) Act 1973 " substitute " section 41 of the Representation of the People Act 1983 " .

Judicature (Northern Ireland) Act 1978

24 In paragraph (h) of section 35(2) of the [1978 c. 23.] 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 " .

Supreme Court Act 1981

26 In section 142(1) of the [1981 c. 54.] Supreme Court Act 1981, for " Representation of the People Act 1949 " substitute " Representation of the People Act 1983 " .

Mental Health (Amendment) Act 1982

27 In section 70(2) of the [1982 c. 31.] Mental Health (Amendment) Act 1982 for " Sections 62 and 64(2) above and Schedule 2 to this Act extend " substitute " Section 64(2) above extends " . Order

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

28 In Schedule 1 to the [S.I. 1981/228 (N.I. 8).] Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, in paragraph 5 of Part II, for " Representation of the People Act 1949 " substitute " Representation of the People Act 1983 " .

Section 206.

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 (6) 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 People Act 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 Apt, 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.