Representation of the People Act 1983

202 General provisions as to interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• [F1 “the absent voters list” means, in relation to any election, the list kept under [F2 paragraph 5 of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, under]section 7 of the Representation of the People Act 1985 for that election]

• F3 . . .

[F4 “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;]

• “the City” means the City of London;

• “Clerk of the Crown” means Clerk of the Crown in Chancery;

• “Common Council” means the Common Council of the City;

• [F5 “dwelling” includes any part of a building where that part is occupied separately as a dwelling;]

• “election” means a parliamentary election [F6 , an Authority election] or an election under the local government Act;

• “election court” means—

(a)

In relation to a parliamentary election petition, the judges presiding at the trial;

(b)

in relation to a petition questioning [F7 an Authority election or]an election under the local government Act, the court constituted under this Act for the trial of that petition;

• “election petition” means a petition presented in pursuance of Part III of this Act;

• “elector” in relation to an election, means any person whose name is for the time being on the register to be used at that election, but does not include those shown in the register as below voting age on the day fixed for the poll;

• “legal incapacity” includes (in addition to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by this Act or any other Act;

• [F8 “the list of proxies” has, in relation to any election, the meaning given by [F9 paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, by]section 7 of the Representation of the People Act 1985]

• [F10 “overseas elector’s declaration” has the meaning given by section 2 of the Representation of the People Act 1985]

• “parliamentary election petition” means an election petition questioning a parliamentary election or return;

• “parliamentary elections rules” means the parliamentary elections rules in Schedule 1 to this Act;

• “person” includes (without prejudice to the provisions of the M1 Interpretation Act 1978) an association corporate or unincorporate;

• “prescribed” except in Part III of this Act means prescribed by regulations;

• [F11 “proper officer”—

  (a)

  in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);

  (b)

  except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the M2 Local Government Act 1972;]

• [F12 “qualifying address” shall be construed in accordance with section 9(8) above;]

• [F13 “ “registered political party” means a party registered under the M3 Registration of Political Parties Act 1998;.]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• “service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;

• F15 . . .

• F15 . . .

• “sub-agent” has the meaning given by section 68(1) above;

• “voter” means a person voting at an election and includes a person voting as proxy and, except in the parliamentary elections rules, and the rules under section 36 and 42 above, a person voting by proxy, and “vote” (whether noun or verb) shall be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.

(2) For the purposes of the Repesentation of the People Acts a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.

Textual Amendments

F1 Definition of “the absent voters list” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 3(a)

F2 S.202(1): words in definition of “absent voters list” inserted (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, ss. 15, 17(3), Sch. 6 para. 9(a); S.I. 2001/116, art. 2(2) (with art. 2(4))

F3 Definition of “Attorney General” in s. 202(1) repealed (30.9.1997) by 1997 c. 60, s. 3(2)(3), Sch.

F4 Definition of “citizen of the Union” in s. 202(1) inserted (6.8.1995) by S.I. 1995/1948, regs. 1(2), 4(2)(a)

F5 S. 202(1): definition substituted (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, ss. 8, 17(3), Sch. 1 para. 22(a); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F6 S. 202(1): words in definition of

“election”

inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(2)(a) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F7 S. 202(1): words in definition of

“election court”

in para. b inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F8 Definition of “the list of proxies” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 3(b)

F9 S. 202(1): words in definition of “the list of proxies” inserted (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, ss. 15, 17(3), Sch. 6 para. 9(b); S.I. 2001/116, art. 2(2) (with art. 2(4))

F10 Definition of “overseas elector's declaration” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 4(5)

F11 S. 202(1): definition of

“proper officer”

substituted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(2)(c) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F12 S. 202(1): definition of

“qualifying address”

inserted (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, ss. 8, 17(3), Sch. 1 para. 22(b); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F13 S. 202(1): definition of

“registered political party”

inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 38(1)(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F14 Definition of “registration duties” repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 70 Sch. 5

F15 S. 202(1): definitions of "standard scale" and "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

Modifications etc. (not altering text)

C1 S. 202 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 202 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 202 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C3 Definition in S. 202(1) applied (1.5.1999) by 1999 c. 1, S. 2 Sch. 1 (subst. 1978 c. 10, Sch. 2 at para 4(4)); S.I 1999/717 art. 2(1) with art. 2(2)(3)

C4 Definition of “prescribed” is extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C5 S. 202(2) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

Marginal Citations

M1 1978 c. 30.

M2 1972 c. 70.

M3 1998 c. 48.