Representation of the People Act 1985

1985 CHAPTER 50

An Act to amend the law relating to parliamentary elections in the United Kingdom and local government elections in Great Britain, to provide for combining polls taken on the same date at such elections and elections to the Assembly of the European Communities, to extend the franchise at elections to that Assembly, to amend the law relating to the effect of the demise of the Crown on the summoning and duration of a new Parliament and to repeal section 21(3) of the Representation of the People Act 1918.

[16th July 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act (except ss. 6-10): functions transferred (25.11.2002) by S.I. 2002/2626, art. 11(1), Sch. 1 (with arts. 12, 13)

C2 Act: functions transferred (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1

C3 Act amended (16.2.2001) by 2000 c. 41, s. 7(2)(e) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Act applied (2.4.2001) by S.I. 2001/1298, reg. 10(4)

C4 By European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)-(3) in the long title for the references to the Assembly of the European Communities and the Assembly there are substituted retrospectively references to the European Parliament

C5 In this Act references to constituency to be construed as mentioned in Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 1(2)

C6 Act amended (N.I.) by S.I. 1986/1091, reg. 51(6)

C7 Act amended (E.W.) by S.I. 1986/1081, reg. 51(6)

C8 Act applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3

Act applied (with modifications) (18.3.1998) by S.I. 1998/746, art. 12, Sch. 1, Table 3

Act applied in part (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

Act applied (with modifications) (E.W.) (1.2.2002) by S.I. 2002/185, art. 3(2), Sch. 2

C9 Act: Electoral Administration Act 2006 (c. 22), s. 46(1)-(4) to be construed as one with this Act (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by virtue of Electoral Administration Act 2006 (c. 22), ss. 46(5), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(v) (subject to art. 6 and with Sch. 2); S.I. 2008/1316, arts. 2(2), 4(s)

C10 Act: power to amend conferred (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 72(2)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 10 (subject to art. 6 and with Sch. 2)

C11 Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 4(4), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act (with Sch. 11 para. 22)

C12 Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 13(4)(5), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act (with Sch. 11 para. 22)

C13 Act applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), reg. 3, Sch. 2 (as amended (31.12.2020) by S.I. 2018/1310, reg. 1, Sch. 2 para. 7)

C14 Act certain functions made exercisable concurrently (18.8.2010) by Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C15 Act power to apply or incorporate (with modifications) conferred (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 58(1)-(3)(7)

C16 Act power to apply or incorporate (with modifications) conferred (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 54(2)-(5), 157(1); S.I. 2012/1129, art. 2(b)

C17 Act functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)

C18 Act functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(b) (with arts. 3(2), 6, 12)

C19 Act applied (with modifications) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), art. 3(2)-(4), Sch. 2 (as amended: (31.12.2020) by S.I. 2018/1310, reg. 1, Sch. 2 para. 14; and (7.2.2024) by S.I. 2024/131, regs. 1(3), 12(3)

C20 Act: power to apply (with modifications) conferred by 1998 c. 46, s. 12(4)(5) (as substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 4(1), 72(4)(a); S.I. 2017/608, reg. 2(1)(b))

Extension of franchise to British citizens overseas U.K.

[F1 1 Extension of parliamentary franchise. U.K.

[F2 (1) A person is entitled to vote as an elector at a parliamentary election in any constituency if—

(a) he qualifies as an overseas elector in respect of that constituency on the date on which he makes a declaration under and in accordance with section 2 of this Act (“the relevant date”);

(b) on that date and on the date of the poll—

(i) he is not subject to any legal incapacity to vote, and

(ii) he is a British citizen; and

(c) on the date of the poll he is registered in a register of parliamentary electors for that constituency.

(2) For the purposes of this Act and the principal Act a person qualifies as an overseas elector in respect of a constituency on the relevant date if—

(a) on that date he is not resident in the United Kingdom, and

(b) he satisfies one of the following sets of conditions.

(3) The first set of conditions is that—

(a) he was included in a register of parliamentary electors in respect of an address at a place that is situated within the constituency concerned,

(b) that entry in the register was made on the basis that he was resident, or to be treated for the purposes of registration as resident, at that address,

(c) that entry in the register was in force at any time falling within the period of [F3 15 years] ending immediately before the relevant date, and

(d) subsequent to that entry ceasing to have effect no entry was made in any register of parliamentary electors on the basis that he was resident, or to be treated for the purposes of registration as resident, at any other address.

(4) The second set of conditions is that—

(a) he was last resident in the United Kingdom within the period of [F3 15 years] ending immediately before the relevant date,

(b) he was by reason only of his age incapable of being included in any register of parliamentary electors in force on the last day on which he was resident in the United Kingdom, and

(c) the address at which he was resident on that day was at a place that is situated within the constituency concerned and a parent or guardian of his was included, in respect of that address, in a register of parliamentary electors or a register of local government electors in force on that day.

(5) The reference in subsection (1) above to a person being subject to a legal incapacity to vote on the relevant date does not include a reference to his being under the age of 18 on that date; and the reference in subsection (4) above to a register of local government electors includes a reference to a register of electors prepared for the purposes of local elections (within the meaning of the M1 Electoral Law Act (Northern Ireland) 1962).]]

[F2 (1) A person is entitled to vote as an elector at a parliamentary election in a constituency if—

(a) on the declaration date, the person—

(i) qualifies as an overseas elector in respect of that constituency (see section 1A),

(ii) is not subject to any legal incapacity to vote (age apart), and

(iii) is a British citizen, and

(b) on the date of the poll, the person—

(i) is not subject to any legal incapacity to vote,

(ii) is a British citizen, and

(iii) is registered in a register of parliamentary electors for that constituency.

(2) In this section, “the declaration date” means—

(a) the date on which the person makes a declaration under and in accordance with section 1C (overseas elector’s declaration), or

(b) where the person makes a declaration under and in accordance with section 1E (renewal declaration), the date on which the person makes the declaration.]

Textual Amendments

F1 S. 1 substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 2 para. 2; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F2 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)

F3 Words in s. 1(3)(4) substituted (1.4.2002) by 2000 c. 41, s. 141(a) (with s. 156(6)); S.I. 2001/3526, art. 4

Modifications etc. (not altering text)

C21 S. 1(3)(4)(b) modified (8.4.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 42(7), 52

C22 S. 1(3)(4)(b) modified (14.5.2014) by House of Lords Reform Act 2014 (c. 24), ss. 4(6), 7(3)

C23 S. 1(3)(4)(b) modified (16.2.2001) by S.I. 2001/84, art. 2

C24 S. 1(4)(b) modified (14.5.2014) by House of Lords Reform Act 2014 (c. 24), ss. 4(6), 7(3)

Marginal Citations

M1 1962 c.14 (N.I.).

[F2 1A Qualification as an overseas elector in respect of a constituency U.K.

(1) For the purposes of this Act and the principal Act, a person qualifies as an overseas elector in respect of a constituency on the declaration date if—

(a) on that date the person is not resident in the United Kingdom, and

(b) the person satisfies the previous registration condition or the previous residence condition.

(2) A person satisfies the previous registration condition if—

(a) the person has at some time in the past been entered in an electoral register in respect of an address at a place that is situated within the constituency, and

(b) subsequent to that entry ceasing to have effect, the person has not been included in any electoral register (whether in respect of the address mentioned in paragraph (a) or any other address).

(3) A person satisfies the previous residence condition if—

(a) the person has at some time in the past been resident in the United Kingdom,

(b) on the last day on which the person was resident in the United Kingdom, the person—

(i) was resident at an address at a place that is situated within the constituency, or

(ii) was not so resident but could have made a declaration under section 7B of the principal Act (a “declaration of local connection”) in respect of such an address, and

(c) subject to section 1B(4), the person has not at any time been included in any electoral register (whether in respect of the address mentioned in paragraph (b) or any other address).

(4) For the purposes of subsection (3)(b)(ii), it is to be assumed that section 7B of the principal Act was in force on the last day on which the person was resident in the United Kingdom.

(5) In this section—

• “declaration date” has the same meaning as in section 1;

• “electoral register” means—

  (a)

  a register of parliamentary electors, or

  (b)

  a register of local government electors (including a register of electors prepared for the purposes of local elections (within the meaning of the Electoral Law Act (Northern Ireland) 1962)).]

Textual Amendments

F2 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)

[F2 1B British citizens overseas: entitlement to be registered U.K.

(1) A person is entitled to be registered in a register of parliamentary electors in pursuance of a declaration made by the person under and in accordance with section 1C (an “overseas elector’s declaration”) if the following two conditions are satisfied.

(2) The first condition is that the register is for the constituency or part of the constituency within which is situated the place of the address specified in the declaration by virtue of—

(a) section 1C (2) (a) (where the person is seeking to be registered in reliance on the previous registration condition), or

(b) section 1C (3) (a) or (4) (where the person is seeking to be registered in reliance on the previous residence condition).

(3) The second condition is that the registration officer concerned is satisfied that, on the date on which the person makes the declaration, the person qualifies as an overseas elector in respect of the constituency.

(4) Where—

(a) a person applies to be registered in a register of parliamentary electors in reliance on the previous residence condition, and

(b) the registration officer concerned considers that insufficient evidence is available for the purpose of determining whether the person has at any time been included in any electoral register (within the meaning of section 1A),

the officer may disregard section 1A(3)(c) in determining whether the person satisfies the previous residence condition.

(5) An overseas elector’s declaration made by a person is of no effect unless received by the registration officer concerned within the period of 3 months beginning with the date on which the person makes the declaration.

(6) For the purposes of section 1A, where a person is registered in a register of parliamentary electors for a constituency or part of a constituency in pursuance of an overseas elector’s declaration, it is to be conclusively presumed that the person was not resident in the United Kingdom on the date on which the person made the declaration.

(7) See also sections 10ZC and 10A of the principal Act, which (among other things) contain provision about the making of applications for registration.]

Textual Amendments

F2 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)

[F2 1C Overseas elector’s declaration U.K.

(1) An overseas elector’s declaration must—

(a) give the full name of the person making the declaration (“the declarant”),

(b) state the date of the declaration,

(c) state that the declarant is a British citizen,

(d) state that the declarant is not resident in the United Kingdom on the date of the declaration,

(e) state whether the declarant is seeking to be registered in reliance on the previous registration condition or the previous residence condition,

(f) contain any other prescribed information and satisfy any other prescribed requirements (which may include requirements for the declaration to be attested), and

(g) state that the declarant believes the matters stated in the declaration to be true.

(2) Where the declarant is seeking to be registered in reliance on the previous registration condition, the declaration must also—

(a) specify—

(i) the address in the United Kingdom in respect of which the declarant was included in an electoral register, and

(ii) when the declarant was last included in such a register in respect of that address, and

(b) state that since the declarant’s entry in that register in respect of that address ceased to have effect, the declarant has not been included in any electoral register (whether in respect of that or any other address).

(3) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(i), the declaration must also—

(a) specify—

(i) the address in the United Kingdom at which the declarant was resident, and

(ii) when the declarant was last resident at that address, and

(b) state that since being resident at that address, the declarant has not been resident at any other address in the United Kingdom.

(4) Where the declarant is seeking to be registered in reliance on the previous residence condition by virtue of section 1A(3)(b)(ii), the declaration must also specify an address in respect of which the declarant could have made a declaration of local connection on the last day on which the declarant was resident in the United Kingdom.

(5) An overseas elector’s declaration that specifies an address in Northern Ireland under subsection (2)(a), (3)(a) or (4) may, instead of or in addition to including a statement under subsection (1)(c), state that the declarant is an Irish citizen who—

(a) was born in Northern Ireland, and

(b) qualifies as a British citizen (whether or not the declarant identifies as such).

(6) If the declarant—

(a) makes an overseas elector’s declaration that specifies more than one address under subsection (2)(a), (3)(a) or (4), or

(b) makes two or more overseas elector’s declarations that bear the same date and specify different addresses in the United Kingdom under subsection (2)(a), (3)(a) or (4),

the declaration or declarations are void.

(7) The declarant may at any time cancel an overseas elector’s declaration made by the declarant.

(8) In this section—

• “electoral register” has the same meaning as in section 1A;

• “registered” means registered in a register of parliamentary electors.

(9) A person found abandoned in Northern Ireland as a new-born infant is, unless the contrary is shown, deemed for the purposes of subsection (5) to have been born in Northern Ireland.]

Textual Amendments

F2 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)

[F2 1D Duration of entitlement to be registered U.K.

(1) Where a person is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration, the person is entitled to remain so registered until—

(a) the third 1 November following the date when the person’s entry on the register first takes effect (subject to any extension under subsections (2) and (3)), or

(b) if sooner, the occurrence of an event mentioned in subsection (4).

(2) Subsection (3) applies if—

(a) at any time during the 6 months ending with the last day of the initial registration period or of any further registration period, the registration officer concerned receives a declaration made by the person under and in accordance with section 1E (a “renewal declaration”), and

(b) the registration officer is satisfied that, on the date on which the person makes the renewal declaration, the person is entitled to remain registered in the register in pursuance of the overseas elector’s declaration.

(3) The person is entitled to remain registered in the register in pursuance of the overseas elector’s declaration until—

(a) the third 1 November following the day after the last day of the initial registration period or of the further registration period in question (subject to any further extension), or

(b) if sooner, the occurrence of an event specified in subsection (4).

(4) The events referred to in subsections (1)(b) and (3)(b) are—

(a) the registration officer determines in accordance with regulations that the person was not entitled to be registered or to remain registered (as the case may be);

(b) the registration officer determines in accordance with regulations—

(i) that the person was registered as the result of an application under section 10ZC or 10A(1) of the principal Act made by some other person, or

(ii) that the person’s entry has been altered as the result of an application under section 10ZD or 10A(4) of that Act made by some other person;

(c) the overseas elector’s declaration is cancelled (see section 1C(7));

(d) another entry made in respect of the person in any electoral register takes effect (in the case of a register of parliamentary electors, whether or not in pursuance of an overseas elector’s declaration).

(5) A renewal declaration made by a person is of no effect unless received by the registration officer concerned within the period of 3 months beginning with the date on which the person makes the declaration.

(6) In this section—

• “electoral register” has the same meaning as in section 1A;

• “initial registration period” means the period for which the person is entitled by virtue of subsection (1)(a) to remain registered;

• “further registration period” means a period for which the person is entitled by virtue of subsection (3)(a) to remain registered.

(7) Where a person is entitled to remain registered in a register of parliamentary electors for a constituency or part of a constituency by virtue of subsections (2) and (3), it is to be conclusively presumed for the purposes of section 1A that the person was not resident in the United Kingdom on the date on which the person made the renewal declaration in question.

(8) Where a person’s entitlement to remain registered in a register of parliamentary electors terminates by virtue of subsection (1) or (3), the registration officer concerned must remove the person’s entry from the register.]

Textual Amendments

F2 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)

[F2 1E Renewal declaration U.K.

(1) A renewal declaration must—

(a) give the full name and date of birth of the person making the declaration (“the declarant”),

(b) state the date of the declaration,

(c) state that the declarant is a British citizen,

(d) state that the declarant is not resident in the United Kingdom on the date of the declaration,

(e) contain any other prescribed information and satisfy any other prescribed requirements, and

(f) state that the declarant believes the matters stated in the declaration to be true.

(2) A renewal declaration must also—

(a) specify the address in respect of which the declarant is registered, and

(b) state that since the declarant was registered in respect of that address, no other entry has been made in respect of the declarant in any electoral register (whether in respect of the address mentioned in paragraph (a) or any other address).

(3) A renewal declaration that specifies an address in Northern Ireland under subsection (2)(a) may, instead of or in addition to the statement under subsection (1)(c), state that the declarant is an Irish citizen who—

(a) was born in Northern Ireland, and

(b) qualifies as a British citizen (whether or not the declarant identifies as such),

(and section 1C(9) applies as it applies for the purposes of section 1C(5)).

(4) If the declarant—

(a) makes a renewal declaration that specifies more than one address under subsection (2)(a), or

(b) makes two or more renewal declarations that bear the same date and specify different addresses under subsection (2)(a),

the declaration or declarations are void.

(5) In this section—

• “electoral register” has the same meaning as in section 1A;

• “registered” means registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration.]

Textual Amendments

F2 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)

[F2 [F4 2 Registration of British citizens overseas. U.K.

(1) A person is entitled to be registered in a register of parliamentary electors in pursuance of a declaration made by him under and in accordance with this section (an “ overseas elector’s declaration ”) if—

(a) the register is for the constituency orpart of the constituency within which is situated the place in the United Kingdom specified in the declaration in accordance with subsection (4) below as having been the address—

(i) in respect of which he was registered, or

(ii) at which he was resident,

as the case may be, and

(b) the registration officer concerned is satisfied that, on the relevant date, he qualifies as an overseas elector in respect of that constituency for which that register is prepared.

(2) A person registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration is entitled to remain so registered until—

(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect,

[F5 (aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered,]

[F6 (ab) the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC of the principal Act made by some other person or that the person's entry has been altered as the result of an application under section 10ZD of that Act made by some other person,]

F5 ( b ) the declaration is cancelled under subsection (5) below, or

(c) any entry made in respect of him in any register of parliamentary electors takes effect otherwise than in pursuance of an overseas elector’s declaration,

whichever first occurs; and, where the entitlement of such a person to remain so registered terminates by virtue of this subsection, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further overseas elector’s declaration.

(3) An overseas elector’s declaration must state—

(a) the date of the declaration,

(b) that the declarant is a British citizen,

(c) that the declarant is not resident in the United Kingdom on the relevant date, and

(d) when he ceased to be so resident or, in the case of a person relying on registration in pursuance of a service declaration, when he ceased to have a service qualification or, if later, ceased to be so resident,

and must contain such other information and satisfy such other requirements (which may include requirements for declarations to be attested and for the charging of fees in respect of their attestation) as may be prescribed.

[F7 (3A) An overseas elector's declaration that specifies an address in Northern Ireland under subsection (4) may, instead of or in addition to including a statement under subsection (3)(b), state that the declarant is an eligible Irish citizen.]

(4) An overseas elector’s declaration must—

(a) show which set of conditions in section 1 of this Act the declarant claims to satisfy,

(b) in the case of the first set of conditions, specify the address in respect of which he was registered, and

(c) in the case of the second set of conditions, specify—

(i) the date of the declarant’s birth,

(ii) the address in the United Kingdom at which he was resident, and

(iii) the name of the parent or guardian on whose registration in respect of that address he relies, and whether the person named was a parent or guardian,

and may not, in the case of either set of conditions, specify more than one such address; and if the declarant makes more than one such declaration bearing the same date and specifying different addresses in the United Kingdom as the address in respect of which he was registered or, as the case may be, at which he was resident the declarations shall be void.

(5) An overseas elector’s declaration may be cancelled at any time by the declarant.

(6) An overseas elector’s declaration shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the relevant date.

(7) For the purposes of section 1 of this Act, where a person is registered in a register of parliamentary electors for any constituency or part of a constituency in pursuance of an overseas elector’s declaration, it shall be conclusively presumed that he was not resident in the United Kingdom on the relevant date.

(8) In this section “ the relevant date ” has the meaning given by section 1(1)(a) of this Act. ]

[F8 (9) In this section “eligible Irish citizen” means an Irish citizen who—

(a) was born in Northern Ireland, and

(b) qualifies as a British citizen (whether or not he identifies himself as such).

(10) A person found abandoned in Northern Ireland as a new-born infant is, unless the contrary is shown, deemed for the purposes of subsection (9) to have been born in Northern Ireland.]]

Textual Amendments

F2 Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)

F4 S. 2 substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 2 para. 3; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F5 S. 2(2)(aa) inserted (1.1.2007 for E.W.S.; 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(9), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to art. 6 and with Sch. 2); S.I. 2008/1316, arts. 2(1), 3(a)

F6 S. 2(2)(ab) inserted (10.6.2014 for E.W.; 15.9.2014 for N.I.; 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 21 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F7 S. 2(3A) inserted (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c.22), s. 15(1)(a); S.I. 2014/2613, art. 2(2)(b)

F8 Ss. 2(9)(10) inserted (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c.22), s. 15(1)(b); S.I. 2014/2613, art. 2(2)(b)

Modifications etc. (not altering text)

C25 S. 2 applied (with modifications) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. II

C26 S. 2 applied (with modifications) (N.I.) (1.7.2008) by The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), reg. 14(3)(5), Sch. 4

F9 3 Extension of franchise for European Parliamentary elections. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 3 repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

4 Extension of franchise: consequential amendments. U.K.

F10 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 202 of that Act (interpretation) before the definition of “parliamentary election petition” there shall be inserted the following definition—

““overseas elector’s declaration” has the meaning given by section 2 of the Representation of the People Act 1985”.

(6) In Schedule 1 to that Act in rule 28 (issue of poll cards) at the end of paragraph (1) there shall be inserted the words “and a card shall not be sent to any person registered, or to be registered, in pursuance of an overseas elector’s declaration”.

(7) In Schedule 2 to that Act (regulations as to registration)—

(a) at the end of paragraph 4 there shall be inserted—

“(2) Provisions as to the manner in which overseas electors’ declarations, and applications from persons making such declarations, are to be transmitted to the registration officer.”; and

(b) after paragraph 5(1) there shall be inserted—

“(1A) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.”

Textual Amendments

F10 S. 4(1)-(3) repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F11 S. 4(4) repealed (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 para. 9

Voting at parliamentary elections in the United Kingdom and local government elections in Great Britain U.K.

[F12 5 Manner of voting at parliamentary and local government elections. N.I.

(1) This section applies to determine the manner of voting of a person entitled to vote as an elector at a parliamentary F13 . . . election.

(2) He may vote in person at the polling station allotted to him under the appropriate rules, unless he is entitled as an elector to an absent vote at the election.

(3) He may vote by post if he is entitled as an elector to vote by post at the election.

(4) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under the appropriate rules for a ballot paper for the purpose of voting in person, in which case he may vote in person there.

(5) If he is not entitled as an elector to an absent vote at the election but cannot reasonably be expected to go in person to the polling station allotted to him under the appropriate rules by reason of the particular circumstances of his employment, either as a constable or by the returning officer, on the date of the poll for a purpose connected with the election, he may vote in person at any polling station in the constituency F14 . . ..

[F15 (5A) Nothing in the preceding provisions of this section applies to—

(a) a person to whom section 7 of the principal Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, or

(b) a person to whom section 7A of that Act (persons remanded in custody) applies,

whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).]

[F16 (5AA) Nothing in subsections (1) to (5) applies to a person who has an anonymous entry in the register of parliamentary electors for the constituency; and such a person may only vote by post or by proxy (where entitled as an elector to vote by post or, as the case may be, by proxy at the election).]

[F17 (5B) Subsection (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.]

F17 (6) For the purposes of the provisions of this and the principal Act, a person entitled to vote as an elector at a parliamentary [F18 or local government] election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voters list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at a parliamentary F18 . . . election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

[F19 (7) In this section and sections 6 to 9 of this Act “ appropriate rules ” means the parliamentary elections rules. ]]

Textual Amendments

F12 S. 5 repealed (E.W.S) (16.2.2001) by 2000 c. 2, s. 15, Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F13 Words in s. 5(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 13(2), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F14 Words in s. 5(5) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 13(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F15 S. 5(5A) inserted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 13(4); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F16 S. 5(5AA) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(2)

F17 S. 5(5B) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 38(4), 77; S.I. 2008/1316, arts. 2(3), 5(a)

F18 Words in s. 5(6) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 13(5), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F19 S. 5(7) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 13(6); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

Modifications etc. (not altering text)

C27 S. 5 applied by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C28 S. 5 applied (with modifications) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 5 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3

S. 5 applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2

S. 5 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 para. 13 Table 3

S. 5 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

S. 5 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3(1)(2), Sch. 1)

[F20 6 Absent vote at elections for an indefinite period. N.I.

(1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at parliamentary elections, F21 . . . for an indefinite period, the registration officer shall grant the application (subject to subsection (6) below) if—

(a) he is satisfied that the applicant is eligible for an absent vote at [F22 parliamentary elections] for an indefinite period,

(b) he is satisfied that the applicant is or will be registered in the register for such elections, F23 . . .

[F24 (ba) the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the principal Act,

(bb) [F25 in the case of an applicant other than one who is or will be digitally registered,] the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the principal Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the principal Act,

[F26 (bba) in the case of an applicant who is or will be digitally registered, the registration officer is satisfied that the application—

(i) is signed, and

(ii) includes the digital registration number allocated to the applicant by the officer,]

(bc) the application either states the applicant’s national insurance number or states that he does not have one, and the registration officer is satisfied as mentioned in subsection (1A) below, and]

(c) the application meets the prescribed requirements.

[F27 (1ZA) In the case of an applicant who is or will be digitally registered, if the registration officer is satisfied that it is not reasonably practicable for the applicant to sign in a consistent and distinctive way because of blindness or any other disability of that person or because that person is unable to read, the officer may make a determination to that effect.]

[F28 (1A) For the purposes of subsection (1)(bc) above, the registration officer must be satisfied—

(a) if the application states a national insurance number, that the requirements of subsection (1B) below are met, or

(b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act.

(1B) The requirements of this subsection are met if—

(a) the number stated as mentioned in subsection (1A)(a) above is the same as the one supplied as the applicant’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or

(b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.]

(2) For the purposes of this section, a person is eligible for an absent vote at parliamentary F29 . . . elections for an indefinite period—

[F30 (za) if he has an anonymous entry,]

(a) if he is or will be registered as a service voter,

F31 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if he cannot reasonably be expected—

(i) to go in person to the polling station allotted or likely to be allotted to him under the appropriate rules, or

(ii) to vote unaided there,

by reason of blindness or other [F32 disability] ,

(c) if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse [F33 or civil partner], [F34 or by reason of his attendance on a course provided by an educational institution or that of his spouse [F33 or civil partner]] or

(d) if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea,

and is also eligible for an absent vote at parliamentary elections for an indefinite period if he is or will be registered in pursuance of an overseas elector’s declaration.

F35 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The registration officer shall keep a record of those whose applications under this section have been granted showing—

F36 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of those who may vote by post, the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and

(c) in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.

(4) The registration officer shall remove a person from the record kept under subsection (3) above—

(a) if he applies to the registration officer to be removed,

(b) in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered as a service voter or in pursuance of [F37 a declaration of local connection or] an overseas elector’s declaration, or

[F38 (ba) if he ceases to have an anonymous entry, or]

(c) if the registration officer gives notice that he has reason to believe there has been a material change of circumstances.

(5) A person shown in the record kept under subsection (3) above as voting by post or, as the case may be, voting by proxy may subsequently alter his choice (subject to subsection (6) below) on an application to the registration officer that meets the prescribed requirements and the registration officer shall amend the record accordingly.

(6) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.

[F39 (7) For the purposes of this section, a person is to be treated as a person who is or will be digitally registered if the person meets the condition in subsection (7A) or the condition in subsection (7B).]

[F39 (7A) A person meets the condition in this subsection if—

(a) the person’s registration in the register of parliamentary electors is or will be pursuant to an application submitted through the UK digital service, and

(b) where, since the submission of that application, any form has been completed in respect of the person in connection with a canvass under section 10 of the principal Act, the last such form was submitted through the UK digital service.]

[F39 (7B) A person meets the condition in this subsection if—

(a) the last form to be completed in respect of the person in connection with a canvass under section 10 of the principal Act was submitted through the UK digital service, and

(b) where, since the submission of that form, any application for registration in the register of parliamentary electors has been made in respect of the person, the last such application was submitted through the UK digital service.]

(8) In this section—

• “digital registration number” has the same meaning as in section 10B(1) of the principal Act;

• “the UK digital service” has the same meaning as in section 10ZF of the principal Act, and [F40 references to a form or application] submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

Textual Amendments

F20 S. 6 repealed (E.W.S.) (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F21 Words in s. 6(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(2)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F22 Words in s. 6(1)(a) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 14(2)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F23 S. 6(1)(b): Word "and" omitted (1.12.2002) by virtue of 2002 c. 13, s. 3(2)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))

F24 S. 6(1)(ba)-(bc) inserted (1.12.2002) by 2002 c. 13, s. 3(2)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))

F25 Words in s. 6(1)(bb) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 3(2)(a)

F26 S. 6(1)(bba) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 3(2)(b)

F27 S. 6(1ZA) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 3(3)

F28 S. 6(1A)(1B) inserted (1.12.2002) by 2002 c. 13, s. 3(2)(b); S.I. 2002/1648, art. 4(1) (with art. 4(2))

F29 Words in s. 6(2) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(3)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F30 S. 6(2)(za) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(3)(a)

F31 S. 6(2)(aa) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(3)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F32 Words in s. 6(2)(b) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 134; S.I. 2008/1316, arts. 2(3), 5(f)(iv)

F33 Words in s. 6(2)(c) inserted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 4(4), Sch. 4 para. 7(2)

F34 Words in s. 6(2)(c) inserted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 14(3); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F35 S. 6(2A) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(4), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F36 S. 6(3)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(5), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F37 Words in s. 6(4)(b) inserted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 14(6); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F38 S. 6(4)(ba) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(3)(b)

F39 S. 6(7)-(7B) substituted for s. 6(7) (6.7.2020) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020 (S.I. 2020/581), regs. 1(2), 9(2)

F40 Words in s. 6(8) substituted (6.7.2020) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020 (S.I. 2020/581), regs. 1(2), 9(3)

Modifications etc. (not altering text)

C29 S. 6 applied with modifications by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C30 S. 6(2)(b) modified by S.I. 1986/1111, reg. 62(5) (as substituted 6.4.1992 by S.I. 1992/834, reg. 3(3) subject as mentioned in reg. 2 of that Instrument)

[F41 7 Absent vote at a particular election and absent voters list. N.I.

(1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular parliamentary F42 . . . election, the registration officer shall grant the application (subject to subsection (5) below) if—

(a) he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the appropriate rules,

(b) he is satisfied that the applicant is or will be registered in the register of parliamentary F43 . . . electors, F44 . . .

[F45 (ba) the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the principal Act,

(bb) [F46 in the case of an applicant other than one who is or will be digitally registered,] the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the principal Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the principal Act,

[F47 (bba) in the case of an applicant who is or will be digitally registered, the registration officer is satisfied that the application—

(i) is signed, and

(ii) includes the digital registration number allocated to the applicant by the officer,]

(bc) the application either states the applicant’s national insurance number or states that he does not have one, and the registration officer is satisfied as mentioned in subsection (1A) below, and]

(c) the application meets the prescribed requirements.

[F48 (1ZA) In the case of an applicant who is or will be digitally registered, if the registration officer is satisfied that it is not reasonably practicable for the applicant to sign in a consistent and distinctive way because of blindness or any other disability of that person or because that person is unable to read, the officer may make a determination to that effect.]

[F49 (1A) For the purposes of subsection (1)(bc) above, the registration officer must be satisfied—

(a) if the application states a national insurance number, that the requirements of subsection (1B) below are met, or

(b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act.

(1B) The requirements of this subsection are met if—

(a) the number stated as mentioned in subsection (1A)(a) above is the same as the one supplied as the applicant’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or

(b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.]

[F50 (2) Subsection (1) above does not apply to a person who is included in the record kept under section 6 of this Act, but such a person may, in respect of a particular parliamentary election, apply to the registration officer—

(a) for his ballot paper to be sent to a different address in the United Kingdom, or

(b) to vote by proxy,

if he is shown in the record so kept as voting by post at parliamentary elections.]

(3) The registration officer shall grant an application under subsection (2) above if it meets the prescribed requirements.

(4) The registration officer shall, in respect of each parliamentary F51 . . . election, keep a special list (“the absent voters list”) consisting of—

(a) a list of—

(i) those whose applications under subsection (1) above to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and

(ii) those who are for the time being shown in the record kept under section 6 of this Act as voting by post at [F52 parliamentary elections](excluding those so shown whose applications under subsection (2) above to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under that section or, as the case may be, subsection (2) above as the addresses to which their ballot papers are to be sent, and

(b) a list (“the list of proxies”) of those whose applications under this section to vote by proxy at the election have been granted or who are for the time being shown in the record kept under section 6 of this Act as voting by proxy at [F52 parliamentary elections], together with the names and addresses of those appointed as their proxies.

[F53 (4A) But in the case of a person who has an anonymous entry, the list mentioned in subsection (4)(a) or (b) must contain only—

(a) the person’s electoral number, and

(b) the date on which the person’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the principal Act (in the absence of a further application under section 9B of that Act).]

(5) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.

[F54 (6) For the purposes of this section, a person is to be treated as a person who is or will be digitally registered if the person meets the condition in subsection (6A) or the condition in subsection (6B).]

[F54 (6A) A person meets the condition in this subsection if—

(a) the person’s registration in the register of parliamentary electors is or will be pursuant to an application submitted through the UK digital service, and

(b) where, since the submission of that application, any form has been completed in respect of the person in connection with a canvass under section 10 of the principal Act, the last such form was submitted through the UK digital service.]

[F54 (6B) A person meets the condition in this subsection if—

(a) the last form to be completed in respect of the person in connection with a canvass under section 10 of the principal Act was submitted through the UK digital service, and

(b) where, since the submission of that form, any application for registration in the register of parliamentary electors has been made in respect of the person, the last such application was submitted through the UK digital service.]

(7) In this section—

• “digital registration number” has the same meaning as in section 10B(1) of the principal Act;

• “the UK digital service” has the same meaning as in section 10ZF of the principal Act, and [F55 references to a form or application] submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

Textual Amendments

F41 S. 7 repealed (E.W.S.) (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F42 Words in s. 7(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 15(2)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F43 Words in s. 7(1)(b) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 15(2)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F44 S. 7(1)(b): word "and" omitted (1.12.2002) by virtue of 2002 c. 13, s. 3(3)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))

F45 S. 7(1)(ba)-(bc) inserted (1.12.2002) by 2002 c. 13, s. 3(3)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))

F46 Words in s. 7(1)(bb) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 3(5)(a)

F47 S. 7(1)(bba) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 3(5)(b)

F48 S. 7(1ZA) inserted (31.5.2018) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/699), regs. 1(2), 3(6)

F49 S. 7(1A)(1B) inserted (1.12.2002) by 2002 c. 13, s. 3(3)(b); S.I. 2002/1648, art. 4(1) (with art. 4(2))

F50 S. 7(2) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 15(3); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F51 Words in s. 7(4) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 15(4)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F52 Words in s. 7(4)(a)(b) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 15(4)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F53 S. 7(4A) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(4)

F54 S. 7(6)-(6B) substituted for s. 7(6) (6.7.2020) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020 (S.I. 2020/581), regs. 1(2), 10(2)

F55 Words in s. 7(7) substituted (6.7.2020) by The Representation of the People (Electronic Communications and Amendment) (Northern Ireland) Regulations 2020 (S.I. 2020/581), regs. 1(2), 10(3)

Modifications etc. (not altering text)

C31 S. 7 applied with modifications by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

S. 7 applied (with modifications) (4.5.1996) by S.I. 1996/1220, art. 3(1)(a)(b)(5)-(8), Sch. 1

S. 7 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3

S. 7 applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2

S. 7 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3

S. 7 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

C32 S. 7 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3(1)(2), Sch. 1)

[F56 8 Proxies at elections. N.I.

(1) Subject to the provisions of this section, any person is capable of being appointed proxy to vote for another (in this section and section 9 of this Act referred to as “the elector”) at any parliamentary F57 . . . election and may vote in pursuance of the appointment.

(2) The elector cannot have more than one person at a time appointed as proxy to vote for him at parliamentary elections (whether in the same constituency or elsewhere).

[F58 (3) A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election—

(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector, or

(b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland.

F59 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) A person is not capable of voting as proxy at [F60 a parliamentary F61 . . . ] election unless on the date of the poll he has attained the age of eighteen.

(5) A person is not entitled to vote as proxy at the same parliamentary election in any constituency F62 . . . on behalf of more than two electors of whom that person is not the [F63 spouse or civil partner]F63 , parent, grandparent, brother, sister, child or grandchild.

(6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections F64 . . . for an indefinite period, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—

(a) registered in the register of [F65 parliamentary electors], and

(b) shown in the record kept under section 6 of this Act as voting by proxy at such elections,

and that the proxy is capable of being and willing to be appointed to vote as proxy at such elections.

(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary F66 . . . election, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—

(a) registered in the register of parliamentary F67 . . . electors for that election, and

(b) entitled to vote by proxy at that election by virtue of an application under section 7 of this Act,

and that the proxy is capable of being and willing to be appointed.

(8) The appointment of a proxy under this section is to be made by means of a proxy paper issued by the registration officer.

[F68 (9) The appointment may be cancelled by the elector by giving notice to the registration officer, and shall also cease to be in force on the issue of a proxy paper appointing a different person to vote for him at any parliamentary election or elections (whether in the same constituency or elsewhere).]

(10) Subject to subsection (9) above, the appointment shall remain in force—

(a) in the case of an appointment for a particular election, for that election, and

(b) in any other case, while the elector is shown as voting by proxy in the record kept under section 6 of this Act in pursuance of the same application under that section.

F69 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F56 S. 8 repealed (E.W.S.) (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F57 Words in s. 8(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(2), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F58 S. 8(3)(3A) substituted for s. 8(3) (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 para. 7

F59 S. 8(3A) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F60 Words in s. 8(4) substituted (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 para. 8

F61 Words in s. 8(4) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(4), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F62 Words in s. 8(5) repealed (16.2.2001) by 2000 c. 2, s. 15, 17(3), Sch. 6 para. 16(5), Sch. 7 Pt. III; S.I. 2001/ 116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F63 Words in s. 8(5) substituted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 4(4), Sch. 4 para. 7(3)

F64 Words in s. 8(6) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(6)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F65 Words in s. 8(6)(a) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 16(6)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F66 Words in s. 8(7) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(7)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F67 Words in s. 8(7)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(7)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F68 S. 8(9) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 16(8); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F69 S. 8(11) repealed by Finance Act 1985 (c.54, SIF 114), s. 98(6), Sch. 27 Pt. IX(2)

Modifications etc. (not altering text)

C33 S. 8 applied with modifications by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

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

S. 8 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3

S. 8 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3

S. 8 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

S. 8 applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2

C34 S. 8 modified (17.2.1994) by S.I. 1994/342, regs. 2(2), 15(4), 16(5)

C35 S. 8 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3(1)(2), Sch. 1)

[F70 9 Voting as proxy. N.I.

(1) A person entitled to vote as proxy at a parliamentary [F71 or local government] election may do so in person at the polling station allotted to the elector under the appropriate rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

[F72 (1A) But in the case of a person entitled to vote as proxy for an elector who has an anonymous entry—

(a) subsection (1) does not apply, and

(b) the person may only so vote by post (where entitled as a proxy to vote by post).]

(2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) For the purposes of this and the principal Act, a person entitled to vote as proxy for another at a parliamentary F71 . . . election is entitled so to vote by post if he is included in the list kept under subsection (9) below in respect of the election.

(4) Where a person applies to the registration officer to vote by post as proxy at parliamentary elections F73 . . . for an indefinite period, the registration officer shall (subject to subsections (10) and (12) below) grant the application if—

(a) the applicant is included in any record kept under section 6 of this Act in respect of a constituency F74 . . . for the whole or any part of which the registration officer acts, or

(b) the address provided by the applicant in his application as the address to which his ballot paper is to be sent is not in the same area as the elector’s qualifying address or, where the elector is registered in pursuance of an overseas elector’s declaration, the address specified in the declaration in accordance with section 2(4) of this Act, [F75 or]

[F76 (c) the elector has an anonymous entry,]

and the application meets the prescribed requirements.

F77 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The registration officer shall keep a record of those whose applications under subsection (4) above have been granted showing—

F78 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent

(7) Where a person applies to the registration officer to vote by post as proxy at a particular election and the application meets the prescribed requirements, the registration officer shall (subject to subsections (10) and (12) below) grant the application if—

(a) he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to the elector under the appropriate rules, or

(b) the applicant is, or the registration officer is satisfied that he will be, included in respect of the constituency F79 . . . for the whole or any part of which the registration officer acts in any of the absent voters lists for that election, [F80 or]

[F81 (c) the elector has an anonymous entry.]

(8) Where, in the case of a particular election, a person included in the record kept under subsection (6) above F82 . . . applies to the registration officer for his ballot paper to be sent to a different address in the United Kingdom, the registration officer shall grant the application if it meets the prescribed requirements.

(9) The registration officer shall, in respect of each parliamentary F83 . . . election, keep a special list of—

(a) those who are for the time being included in the record kept under subsection (6) above F84 . . ., together with the addresses provided by them in their applications under that subsection or, as the case may be, subsection (8) above as the addresses to which their ballot papers are to be sent, and

(b) those whose applications under subsection (7) above have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

[F85 (9A) In the case of a person who has an anonymous entry, the list mentioned in subsection (9)(a) or (b) must contain only—

(a) the person’s electoral number, and

(b) the date on which the entitlement of the person to remain registered anonymously will terminate under section 9C(1A) of the principal Act (in the absence of a further application under section 9B of that Act).

(9B) In the case of a person who is the proxy for an elector who has an anonymous entry, the list mentioned in subsection (9)(a) or (b) must contain only—

(a) the person’s electoral number, and

(b) the date on which the elector’s entitlement to remain registered anonymously will terminate under section 9C(1A) of the principal Act (in the absence of a further application under section 9B of that Act).]

(10) The registration officer shall not grant any application under this section unless—

(a) he is satisfied that the elector is or will be registered in the register of parliamentary electors F86 . . ., and

(b) there is in force an appointment of the applicant as the elector’s proxy to vote for him at [F87 parliamentary elections] or, as the case may be, the election concerned.

(11) The registration officer shall remove a person from the record kept under subsection (6) above—

(a) if he applies to the registration officer to be removed,

(b) where he was included in the record on the ground mentioned in subsection (4)(a) above, if he ceases to be included in any record kept under section 6 of this Act in respect of a constituency F88 . . ., for the whole or any part of which the registration officer acts or becomes so included in pursuance of a further application under that section,

[F89 (ba) where he was included in the record on the ground mentioned in subsection (4)(c), if the elector ceases to have an anonymous entry,]

(c) if the elector ceases to be registered as mentioned in subsection (10)(a) above, or

(d) if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not he is re-appointed).

[F90 (11A) Subsection (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.]

F90 (12) A person applying to vote by post as proxy must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.]

Textual Amendments

F70 S. 9 repealed (E.W.S.) (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F71 Words in s. 9(1)(3) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(2), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F72 S. 9(1A) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(5)(a)

F73 Words in s. 9(4) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(3)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F74 Words in s. 9(4)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(3)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F75 Word in s. 9(4)(b) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(5)(b)

F76 S. 9(4)(c) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(5)(b)

F77 S. 9(5) repealed (16.2.2001) by 2000 c. 2, s. 15, 17(3), Sch. 6 para. 17(4), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F78 S. 9(6)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(5), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F79 Words in s. 9(7) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(6), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F80 Word in s. 9(7)(b) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(5)(c)

F81 S. 9(7)(c) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(5)(c)

F82 Words in s. 9(8) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(7), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F83 Words in s. 9(9) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(8)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F84 Words in s. 9(9)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(8)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F85 S. 9(9A)(9B) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(5)(d)

F86 Words in s. 9(10)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(9)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F87 Words in s. 9(10)(b) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 17(9)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F88 Words in s. 9(11)(b) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(10), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F89 S. 9(11)(ba) inserted (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 5(5)(e)

F90 S. 9(11A) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 38(5), 77; S.I. 2008/1316, arts. 2(3), 5(a)

Modifications etc. (not altering text)

C36 S. 9 applied (with modifications) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

S. 9 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220. art. 3(1)(a)(b)(5)-(8), Sch. 1

S. 9 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3

S. 9 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2

S. 9 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3

S. 9 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

S. 9 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3(1)(2), Sch. 1)

10 Voting at special polling stations in Northern Ireland. N.I.

(1) Schedule 1 to this Act makes provision for those—

(a) whose circumstances on the date of the poll at a particular parliamentary election in Northern Ireland will be or are likely to be such that they cannot reasonably be expected to vote in person as electors at the polling stations allotted or likely to be allotted to them under the parliamentary elections rules, but

(b) who on that date will be in Northern Ireland.

(2) The Secretary of State may by order made by statutory instrument bring that Schedule into force if he is satisfied that it is necessary to do so in order to prevent serious abuse of the system of voting by post in the case of ballot papers for elections in Northern Ireland sent to addresses there in pursuance of applications granted under section 7(1) of this Act.

(3) That Schedule shall cease to be in force if the Secretary of State so provides by order made by statutory instrument (without prejudice to his power to make a further order under subsection (2) above), and an order under this subsection may include such transitional provisions as the Secretary of State considers necessary or expedient.

(4) No order under this section shall be made unless a draft of the order has been laid before and approved by each House of Parliament.

(5) While that Schedule is in force, section 7(5) of this Act shall have effect as if it required a person applying under section 7(1) of this Act to vote by post at a particular parliamentary election in Northern Ireland to provide an address in Great Britain as the address to which his ballot paper is to be sent.

Modifications etc. (not altering text)

C37 S. 10 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C38 S. 10(2)(3) power of appointment not yet exercised

11 Manner of voting: supplementary provision. U.K.

Schedule 2 to this Act (which—

(a) in Part I, makes amendments of the principal Act consequential on the provisions of sections 5 to 9 of this Act,

F91 (b) . . . and

(c) in Part III, makes provision as to absent voting at municipal elections in the City)

shall have effect.

Textual Amendments

F91 S. 11(b) (except the final "and") repealed (16.2.2001) by 2000 c. 2, ss. 15(2), 17(3), Sch. 7 Pt. I (with s. 156(6)); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

Modifications etc. (not altering text)

C39 S. 11 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C40 S. 11 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II

Offences as to declarations, etc. U.K.

12 Offences as to declarations, etc. U.K.

(1) A person who makes an overseas elector’s declaration or a declaration purporting to be an overseas elector’s declaration—

(a) when he knows that he is subject to a legal incapacity to vote at parliamentary elections (age apart), or

(b) when he knows that it contains a statement which is false,

is guilty of an offence.

(2) A person who attests an overseas elector’s declaration or a declaration purporting to be an overseas elector’s declaration when he knows—

(a) that he is not authorised to attest such a declaration, or

(b) that it contains a statement which is false,

is guilty of an offence.

(3) A person who makes a statement which he knows to be false in any declaration or form used for any of the purposes of sections 5 to 9 of this Act or attests an application under section 6 or 7 of this Act when he knows that he is not authorised to do so or that it contains a statement which is false is guilty of an offence.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Modifications etc. (not altering text)

C41 S. 12 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II

S. 12(3)(4) applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2

C42 S. 12 applied (with modifications) (1.8.2001) by S.I. 2001/2559, art. 3, Sch. 1

C43 S. 12(1)(2) applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C44 S. 12(1)(2) applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C45 S. 12(1)(2) applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II

C46 S. 12(1)(2)(4) applied (with modifications) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. II

S. 12(1)(2)(4) applied (with modifications) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. II

C47 S. 12(1)(2)(4) applied (with modifications) (N.I.) (1.7.2008) by The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), reg. 14(3)(5), Sch. 4

C48 S. 12(4) applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II

S. 12(3)(4) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3

S. 12(3)(4) applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3

S. 12(3)(4) applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

C49 S. 12(3) applied (N.I.) by S.I. 1986/2250, regs. 2, 3, Sch. 1 Pt. III

C50 S. 12(3)(4) applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3(1)(2), Sch. 1)

C51 S. 12(4) applied (N.I.) by S.I. 1986/2250, regs. 2, 3, Sch. 1 Pt. III

C52 S. 12(4) applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

C53 S. 12(4) applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II

S. 12(3)(4) applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art.3(1)(a)(b)(5)-(8), Sch. 1

Deposits and expenses at elections U.K.

13 Deposit by candidates at parliamentary elections. U.K.

In Schedule 1 to the principal Act (parliamentary elections rules)—

(a) in rule 9(1) (nomination not valid unless £150 deposited with the returning officer) for “£150” there shall be substituted “£500”; and

(b) in rule 53(4) (forfeiture of deposit where a candidate has polled not more than one-eighth of the total votes) for “one-eighth” there shall be substituted “one-twentieth”.

14 Election expenses. U.K.

(1) In section 73(2) of the principal Act (payments made by election agent to be vouched for by bill and receipt except where less than £2) for “£2” there shall be substituted “£20”.

(2) In section 74(1) of that Act (candidate’s personal election expenses may be met by him if they do not exceed £100, the excess being paid by his election agent) for “£100” there shall be substituted “£600”.

F92 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In paragraph 3 of Schedule 4 to that Act (candidates at elections of parish or community councillors to send in return of all election expenses vouched, except where less than £1, by bills and receipts) for “£1” there shall be substituted “£10”.

Textual Amendments

F92 S. 14(3)-(5) repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2 Sch. 1 Pt. I (subject to transitional provisions in Sch. Pt. II)

Combination and timing of polls U.K.

15 Combination of polls at parliamentary, F93 ... and local elections. U.K.

(1) Where the polls at—

F94 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an ordinary local government election and a parliamentary general election; F95 ...

F96 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are to be taken on the same date, they shall be taken together.

(2) Where the polls at elections for related areas are to be taken on the same date but are not required by subsection (1) above or section 36 [F97 or section 36B] of the principal Act to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.

(3) In subsection (2) above the reference to elections F98 ... does not include elections under the local government Act which are not local government elections; and for the purposes of that subsection two areas are related if one is coterminous with or situated wholly or partly within the other.

[F99 (3A) Where the polls at an election of the Northern Ireland Assembly are to be taken on the same date as the polls at one or more elections of the kind mentioned in subsection (1), the Chief Electoral Officer for Northern Ireland may direct that the polls at the election of the Assembly are to be taken together with the polls at the other election or elections.]

(4) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.

(5) The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.

F100 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F101 (5B) The power under subsection (5) above to make provision in connection with the combining of polls under subsection (3A) includes power to modify—

(a) Part 2 or 3 of the Schedule to the Elections Act 2001 (in addition to the power conferred by paragraph 32 of that Schedule);

(b) any provision made under section 34(4) or 84(1) of the Northern Ireland Act 1998 or section 38(1)(a) of the Northern Ireland Constitution Act 1973 (see section 95(1) of the 1998 Act);

(c) any provision made by or under Northern Ireland legislation relating to local elections.]

[F102 (5C) Before making provision under subsection (5) in connection with the combination of polls where one of the elections is a local government election in Scotland, the Secretary of State must consult the Scottish Ministers.]

[F103 (5D) Before making provision under subsection (5) in connection with the combination of polls where one of the elections is a local government election in Wales, the Secretary of State must consult the Welsh Ministers.]

[F104 (6) In its application to Northern Ireland, subsection (1) above shall have effect as if the references to an ordinary local government election were to a local election.]

Textual Amendments

F93 Words in s. 15 heading repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F94 S. 15(1)(a) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F95 Word in s. 15(1) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F96 S. 15(1)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F97 Words in s. 15(2) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 3

F98 Words in s. 15(3) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F99 S. 15(3A) inserted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 15(2) (with s. 6)

F100 S. 15(5A) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F101 S. 15(5B) inserted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 15(3) (with s. 6)

F102 S. 15(5C) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 4(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(b)

F103 S. 15(5D) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F104 S. 15(6) inserted (10.4.2001) by 2001 c. 7, s. 3(2)

Modifications etc. (not altering text)

C54 S. 15 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 16(6), Sch. 5 Pt. I Table (as amended (E.) (13.3.2004) by S.I. 2004/226, reg. 2(7), Sch.)

S. 15 extended (N.I.) (10.4.2001) by 2001 c. 7, s. 3(1)

C55 S. 15 applied (with modifications) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2), 8, 11, 12, 13, Sch. 4 Table 2

C56 S. 15 applied (with modifications) (9.2.2012) by The Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 2 (as amended (31.12.2020) by S.I. 2018/1310, reg. 1, Sch. 2 para. 10 (as amended by S.I. 2019/1389, regs. 1, 2(2)))

C57 S. 15 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 2 (with reg. 27) (as amended (31.12.2020) by S.I. 2018/1310, reg. 1, Sch. 2 para. 11 (as amended by S.I. 2019/1389, regs. 1, 2(2)))

C58 S. 15 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 4 para. 1 (as amended: (31.1.2017) by S.I. 2017/67, reg. 1, Sch. 4 para. 8(3); (1.11.2022) by S.I. 2022/885, reg. 4; and (7.2.2024) by S.I. 2024/131, regs. 1(3), 22(3))

C59 S. 15 applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 2 (as amended (31.12.2020) by S.I. 2018/1310, reg. 1, Sch. 2 para. 13 (as amended by S.I. 2019/1389, regs. 1, 2(2)))

C60 S. 15(4) excluded (10.4.2001) by S.I. 2001 c. 7, s. 5(2)

C61 S. 15(5) extended (10.4.2001) by 2001 c. 7, s. 4, Sch. para. 32

C62 S. 15(5) extended (Gibraltar) (18.9.2003) by Local Government Act 2003 (c. 26), ss. 127(1), 128, Sch. 7 para. 7(2)

F105 16 Postponement of poll at parish or community council elections. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105 S. 16 repealed (2.4.2013) by Electoral Registration and Administration Act 2013 (c. 6), ss. 15(1), 27(1); S.I. 2013/702, art. 3(b)

17 Combination of polls at local elections. E+W+S

—For subsection (3) of section 36 of the principal Act (local elections in England and Wales) there shall be substituted—

“(3) Where the polls at—

(a) the ordinary election of district councillors for any district ward or an election to fill a casual vacancy occurring in the office of such a councillor, and

(b) the ordinary election of parish or community councillors for any parish or community or an election to fill a casual vacancy occurring in the office of such a councillor,

are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.

(3A) For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.

(3B) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.

(3C) The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.”.

18 Ordinary day of local elections. E+W+S

(1) F106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (b) of section 37 of that Act (power to fix alternative day as ordinary day of local elections in England and Wales by order made not later than 1st February in the year preceding the first year when the order takes effect) for the words “the first year” there shall be substituted the words “the year (or, in the case of an order affecting more than one year, the first year)”.

Textual Amendments

F106 S. 18(1) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

19 Timing of elections. U.K.

(1) In section 40(1) of the principal Act (days to be disregarded for the purpose of the timing of local elections in England and Wales)—

(a) for the words “Sunday, day of the Christmas break, of the Easter break or of a bank holiday break” there shall be substituted the words “Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, bank holiday”; and

(b) the words for “In this subsection” onwards shall cease to have effect.

(2) In section 39 of that Act (local elections void etc. in England and Wales) in subsection (1) (period within which elections to fill vacancies to be held) for the words “42 days” there shall be substituted the words “35 days”.

(3) In section 43 of that Act (day of ordinary local elections in Scotland and other timing provisions) in subsection (2) immediately before the words “Sunday”, “Christmas Day” and “Good Friday” there shall be inserted respectively the words “Saturday”, “Christmas Eve” and “Maundy Thursday” and for the words “for the purposes of this Act” there shall be substituted the words “for the purposes of this Part of this Act in so far as it relates to the conduct of local government elections in Scotland”.

(4) In section 119 of that Act (computation of time for purposes of Part II) for subsections (2) and (3) there shall be substituted—

“(2) The days referred to in subsection (1) above are Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, a bank holiday or a day appointed for public thanksgiving or mourning.

(3) In this section ”bank holiday’, in relation to any election, means a day which is a bank holiday in the part of the United Kingdom in which the constituency or, as the case may be, electoral area is situated.”.

(5) In Schedule 1 to the principal Act (parliamentary elections rules), in rule 2 (computation of time)—

(a) in paragraph (1) for sub-paragraph (b) there shall be substituted—

“(b) Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a bank holiday”;

and

(b) paragraph (3) shall cease to have effect.

(6) In the M2 Local Government Act 1972—

(a) in section 243 (computation of time) in subsection (3) for the words “Where under subsection (1) above the day of election or” there shall be substituted the words “Where under subsection (4) below” and the words “of election or”, in the second place where they occur, and “as the case may be” shall cease to have effect;

(b) for the purposes of subsection (4) of that section, subsection (1) of that section shall have effect as if for the words from “Sunday” to “bank holiday break” there were substituted the words “Saturday, Sunday, Christmas Eve, Christmas Day, F107 ... Good Friday or bank holiday”; and

(c) in section 89(1) (period within which elections to fill casual vacancies in office of councillor for principal area to be held) for the words “forty-two days”, in both places where they occur, there shall be substituted the words “thirty-five days”.

Textual Amendments

F107 Words in s. 19(6)(b) repealed (1.1.2007) repealed by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 53, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 paras. 12(c), 13(c) (subject to art. 6 and with Sch. 2)

Marginal Citations

M2 1972 c. 70.

Miscellaneous and supplemental U.K.

[F108 20 Demise of the Crown and parliamentary elections etc U.K.

(1) Subject to what follows, the demise of the Crown does not affect any proclamation [F109 dissolving Parliament or] summoning a new Parliament issued before the demise F110 ... (or any other matter relating to a parliamentary election or the summoning of a new Parliament).

(2) Subsections (3) to [F111 (6A)] apply if the demise occurs [F112 at any time between the dissolution of Parliament and the polling day for the next parliamentary general election (“the current election”),] and any relevant writ, notice or other document is to be issued or, if already issued, read accordingly.

(3) In relation to the current election, for the purposes of the timetable in rule 1 in Schedule 1 to the principal Act—

(a) the polling day shall be—

(i) the 14th day after the day which would otherwise have been the polling day, or

(ii) if the 14th day is not a working day, the next working day after the 14th day;

(b) any working day within the period of 13 days beginning with the day after the demise—

(i) shall be disregarded in computing any period of time, and

(ii) shall not be treated as a day for the purpose of any proceedings before the polling day.

[F113 (3A) But the Sovereign may by royal proclamation, made on the advice of the Privy Council, appoint an alternative polling day, in place of the day that would otherwise have been the polling day under subsection (3)(a) (“the subsection (3)(a) polling day”), which may be—

(a) no earlier than the 7th day before the subsection (3)(a) polling day, and

(b) no later than the 7th day after the subsection (3)(a) polling day.

(3B) If an alternative polling day is appointed under subsection (3A), subsection (3) applies as if—

(a) for paragraph (a) there were substituted—

“(a) the polling day shall be the day appointed by the proclamation under subsection (3A);”;

(b) in paragraph (b)—

(i) in a case where the alternative polling day is before the subsection (3)(a) polling day, for “13 days” there were substituted “x days” where x is 13 minus the number of days that the alternative polling day is before the subsection (3)(a) polling day;

(ii) in a case where the alternative polling day is after the subsection (3)(a) polling day, for “13 days” there were substituted “y days” where y is 13 plus the number of days that the alternative polling day is after the subsection (3)(a) polling day.]

F114 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Section 76 of the principal Act shall have effect in relation to any candidate at the current election as if the maximum amount specified in subsection (2)(a) of that section were increased by one half.

(6) If the proclamation summoning the new Parliament after the current election was issued before the demise, the meeting of the new Parliament shall (subject to any prorogation subsequent to the demise) take place—

(a) on the 14th day after the day appointed in the proclamation for the meeting, or

(b) if the 14th day is not a working day, the next working day after the 14th day.

[F115 (6A) But the Sovereign may by royal proclamation, made on the advice of the Privy Council, appoint an alternative day for the meeting of the new Parliament, in place of the day that would otherwise have been the day for the meeting of the new Parliament under subsection (6).]

(7) If the demise occurs within the period of seven days before the day of the dissolution of a Parliament [F116 , subsections (2) to (6A)] have effect as if the demise occurred on that day.

(8) In this section “working day” means any day other than one to which rule 2 in Schedule 1 to the principal Act applies in relation to the current election (or would have applied had it fallen before the polling day).]

Textual Amendments

F108 S. 20 substituted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 16 (with s. 6)

F109 Words in s. 20(1) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(2)(a)

F110 Words in s. 20(1) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(2)(b)

F111 Word in s. 20(2) substituted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(3)(a)

F112 Words in s. 20(2) substituted for s. 20(2)(a)(b) (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(3)(b)

F113 S. 20(3A)(3B) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(4)

F114 S. 20(4) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(5)

F115 S. 20(6A) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(6)

F116 Words in s. 20(7) substituted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 9(7)

21 Ordinary elections of parish and community councillors: insufficient nominations. E+W+S

(1) This section applies where, at an ordinary election of parish or community councillors in England and Wales, an insufficient number of persons are or remain validly nominated to fill the vacancies in respect of which the election is held.

(2) Unless the number of newly elected members of the council in question is less than the number that constitutes a quorum for meetings of the council—

(a) those members may co-opt any person or persons to fill the vacancy or vacancies remaining unfilled,

(b) the district council [F117 or, in the case of a community council, the county council or county borough council] may exercise the powers conferred by section 39(4) of the principal Act (power F118 . . . by order to do anything necessary for the proper holding of an election etc.) in relation to any such vacancy or vacancies as are not so filled, and

(c) section 39(1) of that Act (duty of returning officer to order an election) shall not apply;

but the powers mentioned in paragraph (b) above shall not be exercised before the expiry of the period of 35 days (computed according to section 40 of that Act) beginning with the day on which the election was held.

(3) Subsection (7) of section 39 of that Act (parishes in different districts grouped) shall apply for the purposes of subsection (2) above as it applies for the purposes of subsections (4) and (6) of that section and section 40(3) of that Act (computation of time) shall apply for the purposes of subsection (2) above as it applies for the purposes of section 39.

Textual Amendments

F117 Words in s. 21(2)(b) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 74(2)(a) (with s. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F118 Words in s. 21(2)(b) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 74(1), Sch. 18 (with s. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2); S.I. 1996/396, art. 4, Sch. 2

Modifications etc. (not altering text)

C63 S. 21: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table D12

[F119 22 Welsh forms E+W+S

Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh forms of documents or words specified in Acts), except subsection (3), shall apply in relation to regulations made under the principal Act or this Act and rules made (or having effect as if made) under section 36 of the principal Act as it applies in relation to Acts of Parliament.]

Textual Amendments

F119 S. 22 substituted (21.12.1993) by 1993 c. 38, ss. 35(5), 36(1)

23 Increase in penalties for offences under principal Act, etc. U.K.

Schedule 3 to this Act shall have effect for the purpose of increasing the penalties applying in respect of certain offences under the principal Act and otherwise amending the provisions in that Act concerning such penalties.

24 Miscellaneous amendments of principal Act. U.K.

The principal Act shall have effect subject to the amendments specified in Schedule 4 to this Act (being miscellaneous amendments including amendments consequential on the provisions of this Act).

25 Amendments of other enactments. U.K.

F120 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 3(7) of the M3 Elections (Northern Ireland) Act 1985 (certain offences to be corrupt practices under the principal Act) for “168(2)(b)” there shall be substituted “168(1)(a)(ii)”.

Textual Amendments

F120 S. 25(1) repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(g)

Marginal Citations

M3 1985 c. 2.

26 Expenses. U.K.

(1) There shall be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.

(2) There shall be paid out of money provided by Parliament—

(a) any increase attributable to this Act in the sums to be paid out of money so provided under any other Act, and

(b) any administrative expenses incurred by the Secretary of State by virtue of this Act.

27 Interpretation. U.K.

(1) In this Act—

• F121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “principal Act” means the Representation of the M4 People Act 1983.

(2) The principal Act and sections 1 to 12, 15 to 18 and 21 of and Schedule 1 to this Act shall have effect as if those sections and that Schedule were contained in Part I of that Act, and [F123 sections 5 to 7A] of the principal Act (residence) apply for the purposes of sections 1 to 3 of this Act as they apply for the purposes of [F124 section 4] of that Act.

F125 (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) References in any enactment other than an enactment contained in this or the principal Act to Part I of that Act include a reference to sections 1 to 12, 15 to 18 and 21 of and Schedule 1 to this Act.

Textual Amendments

F121 Definition of “the assembly” repealed by European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), ss. 3(1), 4(3), Sch.

F122 Words in s. 27 repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F123 Words in s. 27(2) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 18(a); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F124 Words in s. 27(2) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 18(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F125 S. 27(2ZA) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 4 (with art. 12)

F126 S. 27(2A) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 5

Modifications etc. (not altering text)

C64 S. 27 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C65 S. 27 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II

C66 S. 27 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art.3(1)(a)(b)(5)-(8), Sch. 1

S. 27 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art.6(1) Sch. 2

S. 27 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1

C67 S. 27 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3(1)(2), Sch. 1)

Marginal Citations

M4 1983 c. 2.

28 Repeals. U.K.

(1) The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

(2) Section 21(3) of the Representation of the M5 People Act 1918 (time appointed for meeting of Parliament not to be less than twenty clear days after proclamation summoning it) shall cease to have effect.

(3) Article 2(1), (2) and (3) of the M6 Local Government Reorganisation (Consequential Provisions) (Northern Ireland) Order 1973 (which provides for the Chief Electoral Officer for Northern Ireland to be electoral registration officer for constituencies in Northern Ireland and returning officer for parliamentary elections in such constituencies and is superseded by provision made in this Act) is hereby revoked.

Marginal Citations

M5 1918 c. 64 (7 & 8 Geo. 5).

M6 S.I. 1973/2095.

29 Citation, commencement and extent. U.K.

(1) This Act may be cited as the Representation of the People Act 1985 and shall be included among the Acts that may be cited as the Representation of the People Acts.

(2) This Act (except the provisions mentioned in subsection (3) below) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3) Those provisions are—

(a) sections 25(1) and 27(1) of this Act, this section, the amendment made by paragraph 18 of Schedule 4 to this Act and the repeal made by the entry in Schedule 5 to this Act relating to the M7 Police and Criminal Evidence Act 1984 (which come into force on the day on which this Act is passed), and

(b) Schedule 1 to this Act (which may be brought into force under section 10 of this Act).

(4) This Act, except the provisions mentioned in subsection (5) below, extends to Northern Ireland; and section 10 of and Schedule 1 to this Act extend to Northern Ireland only.

(5) Those provisions are sections [F127 17 and 18], 21 and 22 of this Act and any amendment or repeal by this Act of an enactment not extending to Northern Ireland.

Textual Amendments

F127 Words in s. 29(5) substituted (2.4.2013) by Electoral Registration and Administration Act 2013 (c. 6), ss. 15(2), 27(1); S.I. 2013/702, art. 3(b)

Modifications etc. (not altering text)

C68 S. 29(2) power of appointment conferred by s. 29(2) fully exercised: S.I. 1985/1185, 1986/639, 1080, 1987/207

Marginal Citations

M7 1984 c. 60.

SCHEDULES

Prospective

SCHEDULE 1 N.I. Special Polling Stations in Northern Ireland

Modifications etc. (not altering text)

C69 Sch. 1 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

Part I N.I. Right to Vote at Special Polling Stations

1 (1) Where, in the case of a person entitled to vote as an elector at a parliamentary election in Northern Ireland, the absent voters list shows that a special polling station is allotted to him he may, notwithstanding anything in section 5 of this Act, vote only in person at that polling station. N.I.

(2) Where a person applies to the Chief Electoral Officer for Northern Ireland (in this Schedule referred to as “the electoral officer”) to vote at a particular parliamentary election in Northern Ireland at a special polling station, the electoral officer shall grant the application if—

(a) he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the parliamentary elections rules,

(b) he is satisfied that the applicant is or will be registered in the register of parliamentary electors, and

(c) the application meets the prescribed requirements.

(3) The electoral officer shall allot a special polling station to any person whose application under this paragraph is granted and shall send him a notice setting out the situation of the special polling station allotted to him and giving such other information as may be prescribed.

(4) There shall be included in the absent voters list in respect of each parliamentary election in Northern Ireland a list of persons whose applications under this paragraph have been granted, setting out, in the case of each person, the situation of the special polling station allotted to him and giving such other information as may be prescribed.

(5) For the purposes of this paragraph, the electoral officer—

(a) shall designate special polling places and may by further designations from time to time alter any designation under this paragraph,

(b) shall publish such notice as he thinks is required of the situation of any place or places currently designated under this paragraph, and

(c) shall in respect of each parliamentary election, provide a special polling station in each special polling place, unless he is satisfied that the number of persons likely to vote there at that election does not justify it.

(6) Sub-paragraph (5) above has effect notwithstanding anything in [F128 section 18A] of the principal Act.

Textual Amendments

F128 Words in Sch. 1 para. 1(6) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, Sch. 1 para. 135(2); S.I. 2008/1316, arts. 2(3), 5(f)(iv)

Part II N.I. Rules Relating to Special Polling Stations

2 N.I. The following paragraphs in this Part of this Schedule shall have effect for all purposes as additional rules in Schedule 1 to the principal Act.

3 N.I. The official mark on the ballot paper of those voting in respect of a constituency at a special polling station—

(a) shall be different from the official mark on the ballot papers of those voting at the same election in respect of the constituency at polling stations allotted to them under the parliamentary elections rules, and

(b) shall be kept secret;

and an interval of seven years shall intervene between the use of the same official mark on ballot papers of those voting at special polling stations.

4 (1) The electoral officer shall provide each presiding officer at a special polling station with a list (in this Schedule referred to as “the special polling list”) of those electors to whom the special polling station has been allotted, showing for each elector— N.I.

(a) the constituency in respect of which he is or appears from the electors lists concerned to be entitled to be registered, and

(b) his electoral number.

(2) Rule 7(6) of the parliamentary elections rules applies for the purposes of this paragraph.

5 (1) The electoral officer may, after such consultation as appears to him to be desirable, appoint persons (including candidates and their election agents) to attend special polling stations as observers, and each appointment of an observer— N.I.

(a) shall be made in writing, and

(b) shall indicate the polling station or polling stations to which he is assigned.

(2) References in this Schedule to observers are references to observers appointed under this paragraph.

6 (1) When the electoral officer has received the ballot boxes and packets from all the special polling stations, he shall in the presence of each candidate wishing to attend or (if a candidate so chooses) his agent— N.I.

(a) open each ballot box and count and record the number of ballot papers in it,

(b) verify each ballot paper account, and

(c) in the case of a general election or two or more by-elections, sort the ballot papers into separate packets for each constituency.

(2) The electoral officer shall give notice in writing to the candidates of the time and place at which he will begin to count the ballot papers under this paragraph, and no person other than the candidates or (where they so choose) their agents may be present unless permitted by the electoral officer.

(3) A person not entitled to attend at the counting of ballot papers under this paragraph shall not be permitted to do so unless the electoral officer—

(a) is satisfied that the efficient counting of the ballot papers will not be impeded, and

(b) has either consulted the candidates or, as the case may be, their agents or thought it impracticable to do so.

(4) The electoral officer shall give to the candidates or, as the case may be, their 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) The electoral 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 unused and spoilt ballot papers) and shall draw up a statement as to the result of the verification, which any candidate or, as the case may be, his agent may copy.

(6) In the case of a general election or two or more by-elections, each packet of ballot papers for a constituency, accompanied by a statement of the number of ballot papers, shall be sent to the place where the votes for that constituency are to be counted and the votes given on the ballot papers may, when—

(a) in the presence of the counting agents appointed under rule 30 of the parliamentary elections rules, the number of ballot papers in the packet has been counted and compared with the statement, and

(b) those ballot papers have been mixed with the ballot papers from at least one ballot box not used at a special polling station,

be counted in accordance with the parliamentary elections rules (other than rule 45(1), (1A) and (5)).

(7) In any other case, the votes given on any ballot papers counted under this paragraph may, when they have been mixed with the ballot papers from at least one ballot box not used at a special polling station, be counted in accordance with the parliamentary elections rules (other than rule 45(1), (1A) and (5)).

(8) References in this paragraph to a candidate’s agent are references to his election agent or to his counting agent appointed under rule 30 of the parliamentary elections rules to attend at the counting of the votes.

7 (1) On the completion of the counting at a contested election, the electoral officer shall, in relation to votes cast at special polling stations, forward to the Clerk of the Crown for Northern Ireland— N.I.

(a) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(b) the tendered votes list, the list of votes marked by the presiding officer and the related statements,

(c) the packets of counterfoils, and

(d) the special polling lists,

endorsing on each packet a description of its contents and the date of the election to which they relate.

(2) F129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 1 para. 7(2) repealed (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 10, 11, 18, 20, 47, 61, 74, 77, Sch. 1 para. 135(3), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(f)(iv)(g)(ii)

Part III N.I. Modifications of Parliamentary Elections Rules

8 N.I. Subject to the rules in Part II of this Schedule, the parliamentary elections rules shall have effect in relation to special polling stations so far as applicable to them, but subject to the modifications made by this Part of this Schedule.

9 N.I. References to the election shall in the case of a general election or two or more by-elections be read as references to the elections in all the constituencies concerned in Northern Ireland and references to candidates at the election shall be construed accordingly.

10 N.I. References to a candidate’s polling agent appointed to attend at a polling station shall be read as references to an observer assigned to that station.

11 N.I. References to the register of parliamentary electors for an election shall be read as references to the special polling list for that election.

12 N.I. Rule 5(2) shall apply to applications to vote at a special polling station and to other applications and notices about voting at such stations.

13 N.I. Rule 20(2) and (3) shall not apply.

14 N.I. Rules 23, 24 and 25(1) to (4) shall not apply.

15 N.I. Rules 28 and 29(3)(c) and (d) shall not apply.

16 N.I. Rule 30(1) to (9) shall not apply.

17 N.I. Rule 31 shall have effect as if—

(a) the reference to counting the votes were a reference to counting the ballot papers under this Schedule, and

(b) references to provisions of section 66 of the principal Act were references to those provisions as they have effect by virtue of paragraph 27 below.

18 N.I. In rule 32—

(a) paragraph (1)(a) and (e), and

(b) paragraphs (2), (3) and (4),

shall not apply and the presiding officer shall not admit a person to a special polling station as observer except on production of his appointment.

19 N.I. Rule 35(1) shall have effect as if the question that may be put under sub-paragraph (a)(i) were— “Are you the person shown in the special polling list for this election as follows?” (read the whole entry from the list.)

20 N.I. Rule 36(1) shall have effect as if the reference to a candidate or his election agent were omitted.

21 N.I. Rule 39 shall not apply.

22 N.I. Rule 40(1) shall apply as if, for sub-paragraphs (a) and (b), there were substituted a reference to a particular elector named in the special polling list.

23 N.I. Rules 44 and 45 shall not apply.

Part IV N.I. Modifications of Representation of the People Acts

24 N.I. The Representation of the People Acts shall have effect as if the functions of the electoral officer under this Schedule were—

(a) in the case of functions under paragraph 1(2) and (4) above, functions as registration officer, and

(b) in any other case, functions as returning officer.

25 N.I. The reference in section 53(1)(c) of the principal Act to voting by post or proxy includes a reference to voting at a special polling station.

26 N.I. Section 65(3) of the principal Act shall have effect as if the reference to counting the votes included a reference to counting the ballot papers under this Schedule.

27 N.I. Section 66 of the principal Act shall have effect as if—

(a) the duty imposed by subsection (1) were imposed also on observers,

(b) the reference to the register of electors included a reference to the special polling list, and

(c) references to the counting of the votes included a reference to counting the ballot papers under this Schedule.

28 N.I. Paragraph 5A of Schedule 2 to the principal Act shall apply to applications under paragraph 1 above.

29 N.I. The second reference in section 5(5) of this Act to a polling station does not include a reference to a special polling station.

30 N.I. The references in section 12(3) of this Act to section 7 of this Act include a reference to paragraph 1 above.

Section 11.

SCHEDULE 2 U.K. Manner of Voting

Part I U.K. Consequential Amendments of Principal Act

1 U.K. In section 56 (registration appeals: England and Wales) in subsection (1)(b), for the words “be treated as an absent voter” there shall be substituted the words “vote by proxy or by post as elector”.

2 U.K. In section 61 (voting offences)—

(a) in subsection (1)(a) for the words from “be treated” to the end there shall be substituted the words “vote by proxy or by post as elector, at a parliamentary or local government election, or at parliamentary or local government elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or”;

(b) in subsection (1)(b) for the words from “parliamentary” to the end there shall be substituted the words “any parliamentary or local government election or at parliamentary or local government elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or”;

(c) in subsection (1)(c) the words “or applies to vote by post” shall cease to have effect;

(d) in subsection (2)(d) the words “not being a service voter” shall cease to have effect, after the word “elections” there shall be inserted the words “in any constituency” and after the word “force” and the words “an appointment” there shall be inserted the words “in respect of that or another constituency”;

(e) subsection (3)(c) shall cease to have effect; and

(f) in subsection (4) after the word “constituency” there shall be inserted the words “or at a local government election in any electoral area”.

3 U.K. In section 202 (interpretation)—

(a) before the definition of “Attorney General” there shall be inserted the following definition—

““the absent voters list” means, in relation to any election, the list kept under section 7 of the Representation of the People Act 1985 for that election”; and

(b) after the definition of “legal incapacity” there shall be inserted the following definition—

““the list of proxies” has, in relation to any election, the meaning given by section 7 of the Representation of the People Act 1985”.

4 U.K. In Schedule 1 in rule 5(2)(a) (notice of election to specify time for applying for an absent vote) for the words from “be” to “voter” there shall be substituted the words “vote by post or by proxy”.

F130 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 Sch. 2 para. 5 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

6 U.K. In Schedule 1 in rule 28 (issue of poll cards) in paragraph (1)(b) for the words from “his application” to the end there shall be substituted the words “he is entitled to vote by post as proxy at the election”.

7 U.K. In Schedule 1 in rule 40 (tendered ballot papers) in paragraph (1)(b) the words “named in the list of persons” shall cease to have effect.

8 U.K. In Schedule 2 (regulations as to registration) paragraph 5(4) shall cease to have effect and at the end of that paragraph there shall be inserted—

“5A (1) Provision requiring applications under section 6 or 7 of the Representation of the People Act 1985 to be attested and limiting the number of such applications that a person may attest.

(2) Provision requiring a person applying under section 7 of the Representation of the People Act 1985 to do so in person, producing a document of a prescribed description.

(3) Provision as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, in connection with a person’s application to vote by proxy or to vote by post as elector or as proxy.

(4) Provision authorising or requiring registration officers—

(a) to make inquiries of persons included in the record kept under section 6(3) of the Representation of the People Act 1985 for the purpose of determining whether there has been a material change of circumstances, and

(b) to treat failure to respond to such inquiries as sufficient evidence of such a change.”

[F131 Part II U.K. Transitional Provision for Absent Voters]

Textual Amendments

F131 Sch. 2 Pt. II repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

Modifications etc. (not altering text)

C70 Sch. 2 Pt. II applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C71 Sch. 2 Pt. II applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III U.K. Voting at Municipal Elections in the City

13 (1) The City of London (Various Powers) Act 1957 M8 shall be amended as follows. U.K.

(2) In section 8(1), the words from “section 32” to “(proxies at local government elections)” shall be omitted.

(3) For section 8(2) and (3) there shall be substituted—

“(2) Subject as hereinafter provided, sections 5 to 9 and 12(3) and (4) of the Representation of the People Act 1985 shall apply to and in respect of ward elections, but as if any reference to the polling station allotted or likely to be allotted to any person under rules made (or having effect as if made) under section 36 of the Representation of the People Act 1983 were a reference to the polling station provided or likely to be provided by the returning officer.”

(4) In section 8(4) after the words “Act of 1983” there shall be inserted the words “or the Act of 1985” and after the words “subsection (1)” (where they first appear) there shall be inserted the words “or (2)”.

(5) In section 8(5) after the words “Act of 1983” there shall be inserted the words “or the Act of 1985” and after the words “subsection (1)” there shall be inserted the words “or (2)”.

Marginal Citations

M8 5 & 6 Eliz. 2 c.x.

Section 23.

SCHEDULE 3 U.K. Penalties

F132 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132 Sch. 3 para. 1 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

2 U.K. In section 65 (tampering with nomination papers, ballot papers etc.) for subsections (3) to (5) there shall be substituted—

“(3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers is guilty of an offence under this section, he shall be liable—

(a) on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;

(b) on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both.

(4) If any other person is guilty of an offence under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.”.

3 U.K. In section 66 (requirement of secrecy) in subsection (6) after the words “on summary conviction” there shall be inserted the words “to a fine not exceeding level 5 on the standard scale or”.

4 U.K. In section 99 (officials not to act for candidates) for subsection (2) there shall be substituted—

“(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.”.

5 U.K. In section 100 (illegal canvassing by police officers) in subsection (2) for the words from “on summary conviction” to “but” there shall be substituted the words “on summary conviction to a fine not exceeding level 3 on the standard scale, but”.

F133 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133 Sch. 3 para. 6 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F134 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Sch. 3 para. 7 repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

8 U.K. In section 168 (prosecutions for corrupt practices) for subsections (1) to (4) there shall be substituted—

“(1) A person who is guilty of a corrupt practice shall be liable—

(a) on conviction on indictment—

(i) in the case of a corrupt practice under section 60 above, to imprisonment for a term not exceeding two years, or to a fine, or to both,

(ii) in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.”.

9 U.K. In section 169 (prosecutions for illegal practices) for the words from “liable” to “and” there shall be substituted the words “liable to a fine not exceeding level 5 on the standard scale; and”.

10 U.K. In section 175 (illegal payments etc.) in subsection (1) for the words from “liable” to “and” there shall be substituted the words “liable to a fine not exceeding level 5 on the standard scale; and”.

F135 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F135 Sch. 3 para. 11 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

Section 24.

SCHEDULE 4 U.K. Miscellaneous Amendments of the Principal Act

Part I (parliamentary and local government franchise and its exercise) U.K.

1 U.K. In section 3(1) (disfranchisement of person detained in penal institution in pursuance of sentence) after the word “sentence” there shall be inserted the words “or unlawfully at large when he would otherwise be so detained”.

F136 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 Sch. 4 para. 2 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F137 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Sch. 4 para. 3 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

4 (1) In section 18 (polling districts and places at parliamentary elections) in subsection (2)— U.K.

(a) at the end of paragraph (a) there shall be inserted the words “and, in particular, they shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled”; and

(b) in paragraph (b) the words “in the case of a county constituency” shall cease to have effect.

(2) In subsection (3) of that section as the end of paragraph (a) there shall be inserted the words “and, in particular, he shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled”.

(3) In subsection (6) of that section (report of boundaries of polling districts and places to be sent to Secretary of State) paragraph (b) and the word “and” immediately preceding it shall cease to have effect.

(4) In subsection (7) of that section (polling districts and polling places in Northern Ireland to be those established under law relating to election of members of Northern Ireland Assembly) for the words “the election of members to serve in the Northern Ireland Assembly” there shall be substituted the words “local elections within the meaning of section 130 of the M9 Electoral Law Act (Northern Ireland) 1962”.

Marginal Citations

M9 1962 c. 14 (N.I.)

5 U.K. At the end of section 26 (returning officer: Northern Ireland) there shall be inserted the following subsection—

“(2) Sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer in his capacity as returning officer.”.

6 U.K. In section 28 (discharge of returning officer’s functions in England and Wales)—

(a) in subsection (1)(b) after the word “made” there shall be inserted the words “by statutory instrument”; and

(b) in subsection (5) for the words from “but” onwards there shall be substituted the words “and a district council or London borough council may assign officers to assist in carrying out all or any of those duties.”.

7 U.K. Section 38 (nominations and candidate’s death in local election in England and Wales) shall cease to have effect.

8 U.K. Subsection (8) of section 39 (two copies of every order by a district council under that section to be sent to the Secretary of State) shall cease to have effect.

9 U.K. Section 44 (candidate’s death in local election in Scotland) shall cease to have effect.

10 U.K. In section 49 (effect of registers) subsections (1)(d) and (2)(c) shall cease to have effect.

11 U.K. Section 51 (corrupt and illegal practices lists) shall cease to have effect.

12 U.K. In section 52 (discharge of registration duties)—

(a) in subsection (1) for the words “registration duties” there shall be substituted the words “functions under this Act”;

(b) in subsection (2) the words “by the Secretary of State or, in Scotland” shall cease to have effect;

(c) in subsection (3) after “by”, in the second place where it occurs, there shall be inserted the words “or with respect to”; and

(d) for subsections (4) and (5) there shall be substituted—

“(4) It shall be the duty—

(a) in England and Wales, of a district council or London borough council, and

(b) in Scotland, of the council of a region or islands area,

to assign such officers to assist the registration officer as may be required for carrying out his functions under this Act.

(5) Subsection (2) above does not apply in Northern Ireland but sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer for Northern Ireland in his capacity as registration officer.”.

13 U.K. In section 53 (power to make regulations as to registration etc.)—

F138 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (3) for the words “subsections (1) and (2)” there shall be substituted the words “subsection (1)”, and for the words “those subsections” there shall be substituted the words “that subsection”.

Textual Amendments

F138 Sch. 4 para. 13(a) repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

14 U.K. In section 54 (payment of expenses of registration)—

(a) in subsection (1) for the words “registration duties” there shall be substituted the words “functions under this Act”; and

(b) in subsection (3) for the words from “or” to “expenses” there shall be substituted the words “paid to the registration officer under this Act”.

15 U.K. Section 55 (ascertainment of amount of registration expenses) shall cease to have effect.

16 U.K. In section 56 (registration appeals: England and Wales)—

(a) subsection (1)(c) shall cease to have effect; and

(b) after subsection (4) there shall be inserted—

“(4A) Where, as a result of the decision on an appeal, an alteration in the register is made under subsection (4) above on or before the last day on which nomination papers nominating candidates at an election may be delivered to the returning officer, subsection (3) above does not apply to that appeal as respects that election.”.

F139 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139 Sch. 4 para. 17 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

F140 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F140 Sch. 4 para. 18 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

19 U.K. For section 63 (breach of official duty in parliamentary elections) and section 64 (breach of official duty in local elections) there shall be substituted—

“63 Breach of official duty.

(1) If a person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

(3) The persons to whom this section applies are—

(a) the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

(b) any sheriff clerk, registration officer, returning officer or presiding officer,

(c) any other person whose duty it is to be responsible after a local government election for the used ballot papers and other documents (including returns and declarations as to expenses),

(d) any postmaster, and

(e) any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by the law relating to parliamentary or local government elections or the registration of parliamentary or local government electors.”.

Part II (the election campaign) U.K.

20 U.K. In subsection (4) of section 67 (appointment of election agent) after the word “appointment” there shall be inserted the words “(or deemed appointment)”.

21 U.K. In subsection (3) of section 68 (nomination of sub-agent at parliamentary elections) for the words “One clear day” there shall be substituted the words “Not later than the second day”.

22 U.K. In subsection (1)(a) of section 69 (office of election agent and sub-agent) after the word “agent” there shall be inserted the words “is declared to him”.

23 U.K. In section 70 (effect of default in election agent’s appointment) there shall be inserted after subsection (3)—

“(3A) The deemed appointment of a candidate as his own election agent may be revoked as if it were an actual appointment.”.

24 U.K. In section 75 (prohibition of expenses not authorised by election agent)—

(a) in subsection (2)(a) for the words “within 14 days after the date of publication of the result of the election send” there shall be substituted the words “within 21 days after the day on which the result of the election is declared deliver”;

(b) in subsection (4) for the words “14 days after the date of the publication of the result of the election” there shall be substituted the words “21 days after the day on which the result of the election is declared”; and

(c) in subsection (5) after the words “fails to” there shall be inserted the words “deliver or”.

25 U.K. Section 76(3) (power to vary maximum amount of candidates’ election expenses) shall cease to have effect.

26 U.K. In section 78(1) (claims for election expenses which are not sent to the election agent within 14 days after the declaration of the election result to be barred) and in sections 78(4), 79(1) and 79(4) (which refer to that period) for the words “14 days” there shall be substituted the words “21 days”.

27 U.K. In section 81 (return as to election expenses)—

(a) in subsections (1) and (5) for the word “transmit” there shall be substituted the word “deliver”; and

(b) in subsection (5) for the word “transmitted” there shall be substituted the word “delivered”.

28 U.K. In section 82 (declaration as to election expenses)—

(a) in subsections (1) and (3) for the word “transmitted”, in each place where it occurs, there shall be substituted the word “delivered”; and

(b) in subsection (2) for the words “transmits” and “transmit or cause to be transmitted” there shall be substituted respectively the words “delivers” and “deliver”.

29 U.K. In section 85 (penalty for sitting or voting where no return and declarations transmitted)—

(a) in subsection (1) for the word “transmitted”, in both places where it occurs, and for the word “transmit” there shall be substituted respectively the words “delivered” and “deliver”; and

(b) for subsection (3) there shall be substituted—

“(3) Civil proceedings for a penalty under this section shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.”.

30 U.K. In section 86 (authorised excuses for failures as to return and declarations)—

(a) after subsection (1) there shall be inserted—

“(1A) Where a person makes an application under this section he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or any barrister, advocate or solicitor duly appointed as the Director’s representative may attend the hearing of the application and make representations at the hearing in respect of it.”; and

(b) in subsection (2) for the word “transmit”, in each place where it occurs, there shall be substituted the word “deliver”.

31 U.K. In section 87 (court’s power to require information from election agent or sub-agent) in subsection (3) (under which the court may order a person who fails to comply with an order of the court under the section to pay a fine not exceeding £500) for “£500” there shall be substituted “the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale”.

32 U.K. In section 88 (publication of time and place for inspection of returns and declarations) in paragraph (a) for the word “transmitting” there shall be substituted the word “delivering”.

33 U.K. In section 89 (inspection of returns and declarations) for the word “sent”, in both places where it occurs, and the word “sending” there shall be substituted respectively the words “delivered” and “delivering”.

34 U.K. For subsection (1) of section 91 (candidate’s right to send election address post free) there shall be substituted—

“(1) A candidate at a parliamentary election is, subject to Post Office regulations, entitled to send free of charge for postage either—

(a) one unaddressed postal communication, containing matter relating to the election only and not exceeding 60 grammes in weight, to each place in the constituency which, in accordance with those regulations, constitutes a delivery point for the purposes of this subsection; or

(b) one such postal communication addressed to each elector.”.

Modifications etc. (not altering text)

C72 Sch. 4 para. 34 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III

C73 Sch. 4 para. 34 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II

F141 35 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Sch. 4 para. 35 repealed (1.7.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 3

36 (1) In section 94 (imitation poll cards) after the words “parliamentary election” there shall be inserted the words “or a local government election to which this section applies”. U.K.

(2) At the end of that section there shall be inserted—

“(2) This section applies to any local government election in relation to which rules made under section 36 or, in Scotland, section 42 above require an official poll card to be sent to electors in a form prescribed by the rules.”.

37 U.K. In section 95 (schools and rooms for parliamentary election meetings)—

(a) in subsection (1)—

(i) after the word “use” there shall be inserted the words “free of charge”;

(ii) after the word “and” there shall be inserted the words “the day preceding”; and

(b) in paragraph (a) of subsection (4) for the words from the beginning to “expenses” there shall be substituted the words “shall defray any expenses”.

38 U.K. For section 96 (schools and rooms for local election meetings) there shall be substituted—

“96 Schools and rooms for local election meetings.

(1) Subject to the provisions of this section, a candidate at a local government election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with rules made under section 36 or, in Scotland, section 42 above and the day preceding the day of election of—

(a) a suitable room in the premises of a school to which this section applies; or

(b) a meeting room to which this section applies.

(2) This section applies—

(a) in England and Wales, to a county or voluntary school situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area) or in a parish or community, as the case may be, in part comprised in that electoral area; and

(b) in Scotland, to any school (not being an independent school within the meaning of the Education (Scotland) Act 1980) situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area).

(3) This section applies—

(a) in England and Wales, to any meeting room situated in the electoral area for which the candidate is standing or in a parish or community, as the case may be, in part comprised in that electoral area, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable;

(b) in Scotland, to any meeting room the expense of maintaining which is payable by the council of a region, islands area or district.

(4) Subsections (4), (5) and (7) of section 95 above and paragraph 1(1) of Schedule 5 to this Act shall apply for the purposes of this section as they apply for the purposes of that section, and any person stating himself to be, or to be authorised by, a candidate at a local government election in respect of an electoral area which falls (or partly falls) within a constituency, or his election agent, shall be entitled to inspect the lists prepared under Schedule 5 to this Act in relation to the constituency or a copy of them at all reasonable hours during the period beginning with the day on which notice of the election is published and ending with the day preceding the day of election.”.

39 U.K. In section 97 (disturbances at election meetings) in subsection (2)(b) (section to apply to meetings held on, or within three weeks before, the day of election) for the words “on, or within three weeks before” there shall be substituted the words “in the period beginning with the last date on which notice of the election may be published in accordance with rules made under section 36 or, in Scotland, section 42 above and ending with”.

40 U.K. Section 103(2) (which exempts carriages used only for the conveyance of electors to or from polls from duty etc.) shall cease to have effect.

41 U.K. In section 106 (false statements as to candidates) subsection (4) (which disapplies that section in relation to elections of councillors in Scotland) shall cease to have effect.

42 U.K. In section 108 (premises not to be used as committee rooms)—

(a) subsection (3) (application of section to licensed premises and premises where refreshments sold for consumption on premises); and

(b) in subsection (4) the word “also”,

shall cease to have effect.

43 U.K. In section 118 (interpretation of Part II) in the definition of “return as to election expenses” for the word “transmitted” there shall be substituted the word “delivered”.

Part III (legal proceedings) U.K.

44 U.K. In section 122 (time for presentation or amendment of parliamentary election petition) in subsection (4) for the word “transmitting” there shall be substituted the word “delivering”.

45 U.K. In section 124 (judges’ expenses and reception: England and Wales and Northern Ireland) in paragraph (a) the words “receiving the judges and” and paragraph (b) shall cease to have effect.

46 U.K. In section 125 (judges’ expenses and reception: Scotland) paragraph (a) shall cease to have effect.

47 U.K. In section 126(3) (expenses of shorthand writers) for the words “in receiving the judges” there shall be substituted the words “under section 125 above”.

48 U.K. In section 136 (security for costs)—

(a) in subsection (2)(a) (parliamentary elections) for “£1,000” there shall be substituted “such amount not exceeding £5,000 as the High Court or a judge of the High Court, on summons, directs”;

(b) in subsection (2)(b) (local government elections) for “£500” there shall be substituted “£2,500”;

(c) in subsection (2)(i)—

(i) at the beginning there shall be inserted the words “the amount mentioned in paragraph (a) above shall be such amount not exceeding £5,000 as the Court of Session or a judge of the Court of Session directs and”; and

(ii) for “£500” there shall be substituted “£2,500”;

(d) for subsection (3) there shall be substituted—

“(3) Within the prescribed time after giving the security the petitioner shall serve on the respondent in the prescribed manner—

(a) a notice of the presentation of the petition and of the amount and nature of the security, and

(b) a copy of the petition.”; and

(e) the following provisions shall cease to have effect—

(i) in subsection (4) the words “not exceeding five days after service of the notice”;

(ii) subsection (5);

(iii) in subsection (7) the words “not exceeding five days”.

49 U.K. In section 140 (witnesses)—

(a) subsection (5) (duty of Director of Public Prosecutions to obey the election court’s directions concerning the summoning and examination of witnesses) shall cease to have effect; and

(b) in subsection (7)—

(i) for the words “Subsections (5) and (6) above do” there shall be substituted the words “Subsection (6) above does”;

(ii) for the word “shall”, where it first occurs, there shall be substituted the words “may, if the Lord Advocate so decides, and shall, if the election court so requests”; and

(iii) the words from “and shall give” to the end of the subsection shall cease to have effect.

50 U.K. Sections 141(3) and (4) and 142 (certificates of indemnity given to witnesses by election court) shall cease to have effect.

51 U.K. In section 156 (costs of election petition)—

(a) in subsection (1) for the words from “the court” onwards there shall be substituted the words “the court may, subject to the provisions of subsection (5) below, make such order with respect to the whole or part of the costs of the petition as is mentioned in that subsection”; and

(b) subsections (2) to (4) (payment of costs by constituency or local authority in certain circumstances) shall cease to have effect.

52 U.K. In section 160 (persons reported personally guilty of corrupt or illegal practices)—

(a) subsection (2) (duty of Director of Public Prosecutions to obey the election court’s directions concerning person to whom notices are given under section 160(1)) shall cease to have effect; and

(b) for subsection (3) there shall be substituted—

“(3) The report shall be laid before the Director of Public Prosecutions.”.

53 U.K. In section 161 (justice of the peace)—

(a) for the words “it is the duty of the Director of Public Prosecutions to” there shall be substituted the words “the court shall”; and

(b) after the words “Lord Chancellor” there shall be inserted the words “or, in the case of a justice of the peace for any area in Scotland, the Secretary of State”.

54 U.K. In section 162 (member of legal and certain other professions)—

(a) in paragraph (a) for the words “it is the duty of the Director of Public Prosecutions to” there shall be substituted the words “the court shall”; and

(b) after the words “Inn of Court”, in both places where they occur, there shall be inserted the words “Faculty of Advocates”.

55 U.K. In subsection (1)(b) of section 163 (holder of licence or certificate under Licensing Acts) for the words “it is the duty of the Director of Public Prosecutions to” there shall be substituted the words “the court shall”.

56 U.K. In section 167 (applications for relief) after subsection (1) there shall be inserted—

“(1A) Where a person makes an application under this section he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.”.

57 U.K. In section 168 (prosecutions for corrupt practices) subsections (5) and (6) (evidence of at least two credible witnesses required in cases of personation) shall cease to have effect.

58 U.K. Section 171 (prosecution of election petition offences in England and Wales and Northern Ireland) shall cease to have effect.

59 U.K. Section 172 (prosecution of election petition offences in Scotland) shall cease to have effect.

60 U.K. In section 173(a) (incapacities which arise on conviction of a corrupt practice on indictment) the words “on indictment” shall cease to have effect.

61 U.K. In section 176 (time limit for prosecutions)—

(a) in subsection (1) for the words “any offence to which this section applies” there shall be substituted the words “any offence under any provision contained in or made under this Act”;

(b) for subsection (2) there shall be substituted—

“(2) For the purposes of this section—

(a) in England and Wales, the laying of an information;

(b) in Scotland, the granting of a warrant to apprehend or cite the accused (if, in relation to an offence alleged to have been committed within the United Kingdom, such warrant is executed without [F142 undue] delay); and

(c) in Northern Ireland, the making of a complaint,

shall be deemed to be the commencement of a proceeding.”; and

(c) subsection (3) shall cease to have effect.

Textual Amendments

F142 Words inserted (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1, 39:1), ss. 23, 59(1), Sch. 2 para. 32

62 U.K. For section 178 (prosecution of offences committed outside United Kingdom) there shall be substituted—

“178 Prosecution of offences committed outside the United Kingdom.

Proceedings in respect of an offence under this Act alleged to have been committed outside the United Kingdom by a Commonwealth citizen or citizen of the Republic of Ireland may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.”.

63 U.K. In section 181—

(a) in subsection (1) (duty of Director of Public Prosecutions to investigate and bring proceedings where any corrupt or illegal practice has occurred) for the words from “corrupt” to “election” there shall be substituted the words “offence under this Act has been committed”;

(b) in subsection (2) (duty of Director of Public Prosecutions or his assistant or representative to attend the trial of every election petition) for the word “shall” there shall be substituted the words “may and, if the election court so requests him, shall”; and

(c) in subsection (3) (power of the Director to nominate a barrister or solicitor to be his representative) the words “with the Attorney General’s approval”, “of not less than ten years standing” and “and that representative shall receive such remuneration as the Treasury may approve” shall cease to have effect.

Part IV (special provisions as to certain local elections) U.K.

64 U.K. In section 187 (application of Act to certain local elections)—

(a) in subsection (1) the word “district”, in both places where it occurs, shall cease to have effect; and

(b) in subsection (2) for “64” there shall be substituted “63”.

65 U.K. Section 190 (voting offences at election of councillors in Scotland) shall cease to have effect.

66 U.K. In section 191 (municipal elections in the City) in subsection (1) for “192”, in both places where it occurs, there shall be substituted “193”.

67 U.K. In section 197 (candidate’s expenses: ward, and liverymen in common hall, elections)—

(a) in subsection (2) (maximum amount of expenses at an election by liverymen in common hall to be £900) for “£900” there shall be substituted “15p for every elector on the common hall register to be used at the election” and at the end there shall be added the words “and in this subsection ” common hall register’ means the list prepared under section 4 of the City of London Ballot Act M10 1887”; and

(b) in subsection (3) of that section (power to vary by order amounts mentioned in subsections (1) and (2) of the section where change in value of money since last occasion amount varied by order) for the words “varied by such an order” there shall be substituted the words “fixed (whether by such an order or otherwise)”.

Marginal Citations

M10 50 & 51 Vict. c. xiii

Part V (general and supplemental) U.K.

68 U.K. For subsection (1) of section 200 (public notices) there shall be substituted—

“(1) A public notice required by or under this Act to be given by a returning officer for a parliamentary election shall be given by posting the notice in some conspicuous place or places in the constituency and may also be given in such other manner as he thinks desirable for publicising it.

(1A) A public notice required by or under this Act to be given by the proper officer of a local authority at a local government election shall be given by posting the notice in some conspicuous place or places in the local government area and may also be given in such other manner as he thinks desirable for publicising it.”.

69 U.K. For subsection (2) of section 201 (regulations) there shall be substituted—

“(2) No regulations shall be made under this Act by the Secretary of State otherwise than under section 203(4) below unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.”.

70 U.K. In section 203 (interpretation) the definition of “registration duties” shall cease to have effect.

71 U.K. In section 203 (local government provisions as to England and Wales)—

(a) in subsection (1) for the definition of “electoral area” there shall be substituted—

““electoral area” means any electoral division or ward or, in the case of a parish or community in which there are no wards, the parish or community, for which the election of councillors is held under the local government Act”; and

(b) in subsection (4) in paragraph (a) at the beginning there shall be inserted the words “the council shall appoint an officer of the council to be registration officer for the isles and” and the words from “and any” to “officer” shall cease to have effect.

72 U.K. In section 205 (general application to Northern Ireland) for paragraph (a) of subsection (1) there shall be substituted—

“(a) a reference to the Attorney General refers to the Attorney General for Northern Ireland;

(aa) a reference to the Director of Public Prosecutions refers to the Director of Public Prosecutions for Northern Ireland;”.

Schedule 1 (parliamentary elections rules) U.K.

73 U.K. In Schedule 1 in rule 1 (timetable)—

(a) in the second column of the entry relating to polling (general elections) for the word “tenth” there shall be substituted the word “eleventh”; and

(b) in the third column of that entry (by-elections) for the words “eighth” and “tenth” there shall be substituted respectively the words “ninth” and “eleventh”.

74 U.K. In Schedule 1 in rule 5—

(a) in paragraph (1) (publication of notice of election in the form in the Appendix) the words “in the form in the Appendix”, and

(b) paragraph (3) (registration officer to give additional notice of certain matters),

shall cease to have effect.

75 U.K. In Schedule 1 at the end of rule 9 (deposit) there shall be added—

“(3) Where the deposit is made on behalf of the candidate, the person making the deposit shall at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 of this Act or rule 6(1) above).”.

76 U.K. In Schedule 1 in rule 19(2)(d) (under which the counterfoil to the ballot paper is to have the same number printed on the face as is printed on the ballot paper) for the words “on the face” there shall be substituted the words “on it”.

77 U.K. In Schedule 1 in rule 23 (notice of the poll)—

(a) in paragraph (2), paragraph (c) and the word “and” immediately preceding it shall cease to have effect and at the end there shall be inserted the words “and he shall as soon as practicable after giving such a notice give a copy of it to each of the election agents”; and

(b) paragraph (3) shall cease to have effect.

F143 78 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143 Sch. 4 para. 78 repealed (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))

79 U.K. In Schedule 1 in rule 29(5) (alternative forms of notice to be exhibited in compartments at polling stations) for the words from “a notice” onwards there shall be substituted the words “the notice ”Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted.”’.

80 U.K. In Schedule 1 for rule 31 there shall be substituted—

“ Notification of requirement of secrecy U.K.

31 The returning officer shall make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a blind voter to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of this Act; and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsection (2) and (6) of that section.”.

81 U.K. In Schedule 1 in rule 37(1)(b) for the words “name and description” there shall be substituted the words “and name”.

82 U.K. In Schedule 1 in rule 45 (the count) for paragraph (1) there shall be substituted—

“(1) The returning officer shall—

(a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;

(b) in the presence of the election agents verify each ballot paper account; and

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

(1A) The returning officer shall not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.”.

83 U.K. In Schedule 1 in rule 53—

(a) in paragraph (2) (return of deposit) for the words “as soon as practicable after” there shall be substituted the words “not later than the next day after that on which”;

(b) after that paragraph there shall be inserted—

“(2A) For the purposes of paragraph (2) above—

(a) a day shall be disregarded if it would be disregarded under rule 2 above in computing any period of time for the purposes of the timetable for an election of the kind in question; and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.”.

84 U.K. In Schedule 1 in the Appendix of forms the form of the front of a ballot paper shall be amended by the insertion at the top of the words “VOTE FOR ONE CANDIDATE ONLY” in large capitals.

85 U.K. In Schedule 1 in the Appendix of forms in the directions as to printing the ballot paper—

F144 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 2(b) after the word “except” there shall be inserted the words “the horizontal rule separating the direction mentioned in paragraph (a) above from the particulars of the candidates and”;

(c) in paragraph 2(c) for the words from “the candidates” onwards there shall be substituted the words “the direction mentioned in paragraph (a) above and each of the candidates by the horizontal rules mentioned in paragraph (b) above”; and

(d) after paragraph 2 there shall be inserted—

“2A The direction mentioned in paragraph 2(a) above shall be printed in large capitals.”.

Textual Amendments

F144 Schedule 4 para. 85(a) repealed (21.12.1993) by 1993 c. 38, s. 35(1), Sch. 2.

[F145 86 U.K. In Schedule 1 in the Appendix of forms, for the form of directions for the guidance of the voters in voting there shall be substituted—

“ Form of directions for the guidance of the voters in voting U.K.

Guidance for Voters

1 When you are given a ballot paper make sure it is stamped with the official mark.

2 Go to one of the compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate you are voting for.

3 Fold the ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot paper in the ballot box and leave the polling station.

4 Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted.

5 If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.”.]

Textual Amendments

F145 Sch. 4 para. 86 repealed (E.W.S.) (1.7.2008) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 2; S.I. 2008/1316, arts. 2(3), 5(g)

Other Schedules U.K.

87 U.K. In Schedule 2 (regulations as to registration)—

(a) for paragraph 8 there shall be substituted—

“8 Provisions requiring the registration officer to prepare a special list of those persons entitled to be registered whose addresses are not required to be shown on the electors lists or of any class of such persons, showing the addresses of the person concerned.”;

(b) paragraph 9 shall cease to have effect; and

(c) after paragraph 11 there shall be inserted—

“11A (1) Provisions authorising or requiring registration officers who are data users to supply data, or documents containing information extracted from data and in such form as may be prescribed, to such persons as may be prescribed on payment of a prescribed fee.

(2) In this paragraph ”data user’ and ”data’ have the same meanings as in section 1 of the Data Protection Act 1984.”.

88 U.K. In Schedule 3 (return and declarations as to election expenses) in paragraph 2 of the Form of Declarations for the word “transmitted” there shall be substituted the word “delivered”.

89 U.K. In Schedule 4 (election expenses at certain local elections in England and Wales)—

(a) in paragraph 3 for the word “send” there shall be substituted the word “deliver”; and

(b) in paragraph 4(2) for the words from the beginning to “(b)” there shall be substituted the words—

“(2) Civil proceedings for a penalty under this paragraph shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.

(3) For the purposes of sub-paragraph (2) above”.

F146 90 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146 Sch. 4 para. 90 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

Section 28

SCHEDULE 5 U.K. Repeals

Chapter	Short title	Extent of repeal
1797 c. 127.	The Meeting of Parliament Act 1797.	Sections 3 to 5.
7 & 8 Geo. 5. c. 64.	The Representation of the People Act 1918.	The whole Act, so far as otherwise unrepealed.
5 & 6 Eliz. 2. c. x.	The City of London (Various Powers) Act 1957.	In section 8(1), the words from “section 32” to “(proxies at local government elections)”.
1972 c. 70.	The Local Government Act 1972.	In section 243(3), the words “of election or” in the second place where they occur and the words “as the case may be”.
1983 c. 2.	The Representation of the People Act 1983.	In section 18, in subsection (2)(b) the words “in the case of a county constituency” and in subsection (6) paragraph (b) and the word “and” immediately preceding it.
		Sections 19 to 22.
		Sections 32 to 34.
		Section 38.
		Section 39(8).
		In section 40(1), the words from “In this subsection” onwards.
		In section 43(2)(b), the words “, or section 44(2)”.
		Section 44.
		In section 49, subsections (1)(d), (2)(c) and (3).
		Section 51.
		In section 52(2), the words “by the Secretary of State or, in Scotland”.
		Section 53(2).
		Section 55.
		Section 56(1)(c) and (6).
		In section 61, in subsection (1)(c) the words “or applies to vote by post”, in subsection (2)(d) the words “not being a service voter” and subsection (3)(c).
		Section 76(3).
		Section 103(2).
		In section 104(b), the words “except section 103(2)”.
		Section 106(4).
		In section 108, subsection (3) and in subsection (4) the word “also”.
Chapter	Short title	Extent of repeal
1983 c. 2. —cont.	The Representation of the People Act 1983—cont.	In section 124, in paragraph (a) the words “receiving the judges and” and paragraph (b).
		In section 125, paragraph (a).
		In section 126(3), the words “and Northern Ireland”.
		In section 136, in subsection (4) the words from “not” to “notice”, subsection (5) and in subsection (7) the words “not exceeding five days”.
		In section 140, subsection (5) and in subsection (7) the words from “and shall give” to the end of the subsection.
		Section 141(3) and (4).
		Section 142.
		In section 148(4)(a) the words “(appointed with the Attorney General’s approval)”.
		Section 156(2) to (4).
		Section 160, in subsection (1) the words “and whether” to “indemnity” and subsection (2).
		In section 161, the words from “whether” to “not”.
		In section 162, the words from “whether” to “not”.
		In section 163(1)(b), the words from “whether” to “not”.
		Section 168(5) and (6).
		In section 169, the words from “(including” to “court)”.
		Sections 171 and 172.
		In section 173(a), the words “on indictment or by an election court”.
		In section 176, in subsection (1) the words from “whether” to “otherwise” and subsection (3).
		In section 181, in subsection (3) the words from “with” to “approval”, from “of not” to “standing” and from “and” onwards and in subsection (6) the words from “so far” to “defendant”.
Chapter	Short title	Extent of repeal
1983 c. 2.—cont.	The Representation of the People Act 1983—cont.	In section 187(1), the word “51(2)” and the word “district” in both places where it occurs.
		Section 190.
		In section 191(1)(a), the word “51(2)”.
		Section 192.
		In section 196, the words “or under section 156(2)”.
		Section 199.
		In section 202(1), the definition of “registration duties”.
		In section 203(4)(a), the words from “and any” to “officer”.
		In Schedule 1, rule 2(3).
		In Schedule 1, in rule 5, in paragraph (1) the words “in the form in the Appendix” and paragraph (3).
		In Schedule 1, in rule 23, paragraph (2)(c) and the word “and” immediately preceding it and paragraph (3).
		In Schedule 1, rule 27.
		In Schedule 1, in rule 40(1)(b) the words “named in the list of persons”.
		In Schedule 1, in the Appendix of Forms, the form of notice of election.
		In Schedule 2, paragraphs 5(4) and 9.
		In Schedule 7, paragraphs 8 and 9.
		In Schedule 8, in paragraph 3(a)(ii), the words from “section 32” to “(proxies at local government elections)” and paragraph 3(b) and (c).
1984 c. 60.	The Police and Criminal Evidence Act 1984.	In Schedule 7, in Part I, in column 3 of the entry relating to the Representation of the People Act 1983, the words “In Schedule 1, paragraph 36”.