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Version Superseded: 01/01/2007
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(1)In this Act, unless the context otherwise requires—
[F1“the absent voters list” means, in relation to any election, the list kept under [F2paragraph 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—
In relation to a parliamentary election petition, the judges presiding at the trial;
in relation to a petition questioning [F7an 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“legal process” means a claim form, application notice, writ, summons or other process;]
[F9“the list of proxies” has, in relation to any election, the meaning given by [F10paragraph 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]
[F11“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 M1Interpretation Act 1978) an association corporate or unincorporate;
“prescribed” except in Part III of this Act means prescribed by regulations;
[F12“proper officer”—
in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);
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 M2Local Government Act 1972;]
[F13“qualifying address” shall be construed in accordance with section 9(8) above;]
[F14““registered political party” means [F15a party registered under Part II of the Political Parties, Elections and Referendums Act 2000;]]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
“service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;
F17. . .
F17. . .
“sub-agent” has the meaning given by section 68(1) above;
[F18“universal postal service provider” means a universal service provider (within the meaning of the Postal Services Act 2000);
“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
F1Definition of “the absent voters list” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 3(a)
F2S. 202(1): words in definition of “the absent voters list” substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 15, Sch. 6 para. 9(a); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F3Definition of “Attorney General” in s. 202(1) repealed (30.9.1997) by 1997 c. 60, s. 3(2)(3), Sch.
F4Definition of “citizen of the Union” in s. 202(1) inserted (6.8.1995) by S.I. 1995/1948, regs. 1(2), 4(2)(a)
F5S. 202(1): definition substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8 Sch. 1 para. 22(a); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F6S. 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
F7S. 202(1): words in definition of "election" 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
F8S. 202(1): definition of “legal process” inserted (16.2.2001) by 2000 c. 2, s. 138(1), Sch. 18 para. 9(6) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
F9Definition of “the list of proxies” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 3(b)
F10S. 202(1): words in definition of “the list of proxies”substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 15, Sch. 6 para. 9(b); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F11Definition of “overseas elector's declaration” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 4(5)
F12S. 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
F13S. 202(1): definition of "qualifying address" inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8, Sch. 1 para. 22(b); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))
F14S. 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
F15Words in s. 202(1) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 6(8); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
F16Definition of “registration duties” repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 70 Sch. 5
F17S. 202(1): definitions of "standard scale" and "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.
F18S. 202(1): definition inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 57(4)
Modifications etc. (not altering text)
C1S. 202 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2S. 202 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9. Sch. 1 Pt. I
S. 202 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 8(1), Sch. 3 Table 2 (with reg. 10(4))
C3S. 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
S. 202 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1
S. 202 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)
C4S. 202(1) applied in part (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2
C5Definition 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)
C6Definition 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
C7S. 202(2) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1
S. 202(2) applied in part (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2
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