Representation of the People Act 1985

Extension of franchise to British citizens overseas

1 Extension of parliamentary franchise.

2 Registration of British citizens overseas.

3 Extension of franchise for European Parliamentary elections.

4 Extension of franchise: consequential amendments.

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

5 Manner of voting at parliamentary and local government elections.

6 Absent vote at elections for an indefinite period.

7 Absent vote at a particular election and absent voters list.

8 Proxies at elections.

9 Voting as proxy.

10 Voting at special polling stations in Northern Ireland.

11 Manner of voting: supplementary provision.

Offences as to declarations, etc.

12 Offences as to declarations, etc.

Deposits and expenses at elections

13 Deposit by candidates at parliamentary elections.

14 Election expenses.

Combination and timing of polls

15 Combination of polls at parliamentary, European Parliamentary and local elections.

16 Postponement of poll at parish or community council elections.

17 Combination of polls at local elections.

18 Ordinary day of local elections.

19 Timing of elections.

Miscellaneous and supplemental

20 Summoning new Parliament: effect of demise of the Crown.

21 Ordinary elections of parish and community councillors: insufficient nominations.

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

24 Miscellaneous amendments of principal Act.

25 Amendments of other enactments.

27 Interpretation.

29 Citation, commencement and extent.

SCHEDULE 1 Special Polling Stations in Northern Ireland

Part I Right to Vote at Special Polling Stations

1(1) Where, in the case of a person entitled to...

Part II Rules Relating to Special Polling Stations

2The following paragraphs in this Part of this Schedule shall...

3The official mark on the ballot paper of those voting...

4(1) The electoral officer shall provide each presiding officer at...

5(1) The electoral officer may, after such consultation as appears...

6(1) When the electoral officer has received the ballot boxes...

7(1) On the completion of the counting at a contested...

Part III Modifications of Parliamentary Elections Rules

8Subject to the rules in Part II of this Schedule,...

9References to the election shall in the case of a...

10References to a candidate’s polling agent appointed to attend at...

11References to the register of parliamentary electors for an election...

12Rule 5(2) shall apply to applications to vote at a...

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

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

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

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

17Rule 31 shall have effect as if—

18In rule 32— (a) paragraph (1)(a) and (e), and

19Rule 35(1) shall have effect as if the question that...

20Rule 36(1) shall have effect as if the reference to...

21Rule 39 shall not apply.

22Rule 40(1) shall apply as if, for sub-paragraphs (a) and...

23Rules 44 and 45 shall not apply.

Part IV Modifications of Representation of the People Acts

24The Representation of the People Acts shall have effect as...

25The reference in section 53(1)(c) of the principal Act to...

26Section 65(3) of the principal Act shall have effect as...

27Section 66 of the principal Act shall have effect as...

28Paragraph 5A of Schedule 2 to the principal Act shall...

29The second reference in section 5(5) of this Act to...

30The references in section 12(3) of this Act to section...

SCHEDULE 2 Manner of Voting

Part I Consequential Amendments of Principal Act

1In section 56 (registration appeals: England and Wales) in subsection...

2In section 61 (voting offences)— (a) in subsection (1)(a) for...

3In section 202 (interpretation)— (a) before the definition of “Attorney...

4In Schedule 1 in rule 5(2)(a) (notice of election to...

5In Schedule 1 in rule 24 (postal ballot papers) for...

6In Schedule 1 in rule 28 (issue of poll cards)...

7In Schedule 1 in rule 40 (tendered ballot papers) in...

8In Schedule 2 (regulations as to registration) paragraph 5(4) shall...

Part II Transitional Provision for Absent Voters

9(1) In relation to any person who, immediately before the...

10In relation to any person who, immediately before the commencement...

11(1) Where an appointment of a person to vote as...

12In this Part of this Schedule— “commencement date” means the...

Part III Voting at Municipal Elections in the City

13(1) The City of London (Various Powers) Act 1957 shall...

SCHEDULE 3 Penalties

1In section 62(1) (offences as to declarations) for the words...

2In section 65 (tampering with nomination papers, ballot papers etc.)...

3In section 66 (requirement of secrecy) in subsection (6) after...

4In section 99 (officials not to act for candidates) for...

5In section 100 (illegal canvassing by police officers) in subsection...

6In section 110 (printer’s name and address on election publications)...

7In section 149 (penalty for corrupt withdrawal and breach of...

8In section 168 (prosecutions for corrupt practices) for subsections (1)...

9In section 169 (prosecutions for illegal practices) for the words...

10In section 175 (illegal payments etc.) in subsection (1) for...

11In Schedule 2, in paragraph 13(1) (power for regulations as...

SCHEDULE 4 Miscellaneous Amendments of the Principal Act

Part I (parliamentary and local government franchise and its exercise)

1In section 3(1) (disfranchisement of person detained in penal institution...

2For subsections (2) and (3) of section 11 (correction of...

3In section 15(7) (cancellation of service declarations), for the words...

4(1) In section 18 (polling districts and places at parliamentary...

5At the end of section 26 (returning officer: Northern Ireland)...

6In section 28 (discharge of returning officer’s functions in England...

7Section 38 (nominations and candidate’s death in local election in...

8Subsection (8) of section 39 (two copies of every order...

9Section 44 (candidate’s death in local election in Scotland) shall...

10In section 49 (effect of registers) subsections (1)(d) and (2)(c)...

11Section 51 (corrupt and illegal practices lists) shall cease to...

12In section 52 (discharge of registration duties)—

13In section 53 (power to make regulations as to registration...

14In section 54 (payment of expenses of registration)—

15Section 55 (ascertainment of amount of registration expenses) shall cease...

16In section 56 (registration appeals: England and Wales)—

17In section 58 (registration appeals: Northern Ireland)—

18In section 62(1)(b)(ii) (offences as to declarations) for “15” there...

19For section 63 (breach of official duty in parliamentary elections)...

Part II (the election campaign)

20In subsection (4) of section 67 (appointment of election agent)...

21In subsection (3) of section 68 (nomination of sub-agent at...

22In subsection (1)(a) of section 69 (office of election agent...

23In section 70 (effect of default in election agent’s appointment)...

24In section 75 (prohibition of expenses not authorised by election...

25Section 76(3) (power to vary maximum amount of candidates’ election...

26In section 78(1) (claims for election expenses which are not...

27In section 81 (return as to election expenses)—

28In section 82 (declaration as to election expenses)—

29In section 85 (penalty for sitting or voting where no...

30In section 86 (authorised excuses for failures as to return...

31In section 87 (court’s power to require information from election...

32In section 88 (publication of time and place for inspection...

33In section 89 (inspection of returns and declarations) for the...

34For subsection (1) of section 91 (candidate’s right to send...

35In section 93(2)(b) (period when local government election deemed to...

36(1) In section 94 (imitation poll cards) after the words...

37In section 95 (schools and rooms for parliamentary election meetings)—...

38For section 96 (schools and rooms for local election meetings)...

39In section 97 (disturbances at election meetings) in subsection (2)(b)...

40Section 103(2) (which exempts carriages used only for the conveyance...

41In section 106 (false statements as to candidates) subsection (4)...

42In section 108 (premises not to be used as committee...

43In section 118 (interpretation of Part II) in the definition...

Part III (legal proceedings)

44In section 122 (time for presentation or amendment of parliamentary...

45In section 124 (judges’ expenses and reception: England and Wales...

46In section 125 (judges’ expenses and reception: Scotland) paragraph (a)...

47In section 126(3) (expenses of shorthand writers) for the words...

48In section 136 (security for costs)— (a) in subsection (2)(a)...

49In section 140 (witnesses)— (a) subsection (5) (duty of Director...

50Sections 141(3) and (4) and 142 (certificates of indemnity given...

51In section 156 (costs of election petition)—

52In section 160 (persons reported personally guilty of corrupt or...

53In section 161 (justice of the peace)—

54In section 162 (member of legal and certain other professions)—...

55In subsection (1)(b) of section 163 (holder of licence or...

56In section 167 (applications for relief) after subsection (1) there...

57In section 168 (prosecutions for corrupt practices) subsections (5) and...

58Section 171 (prosecution of election petition offences in England and...

59Section 172 (prosecution of election petition offences in Scotland) shall...

60In section 173(a) (incapacities which arise on conviction of a...

61In section 176 (time limit for prosecutions)—

62For section 178 (prosecution of offences committed outside United Kingdom)...

63In section 181— (a) in subsection (1) (duty of Director...

Part IV (special provisions as to certain local elections)

64In section 187 (application of Act to certain local elections)—...

65Section 190 (voting offences at election of councillors in Scotland)...

66In section 191 (municipal elections in the City) in subsection...

67In section 197 (candidate’s expenses: ward, and liverymen in common...

Part V (general and supplemental)

68For subsection (1) of section 200 (public notices) there shall...

69For subsection (2) of section 201 (regulations) there shall be...

70In section 203 (interpretation) the definition of “registration duties” shall...

71In section 203 (local government provisions as to England and...

72In section 205 (general application to Northern Ireland) for paragraph...

Schedule 1 (parliamentary elections rules)

73In Schedule 1 in rule 1 (timetable)—

74In Schedule 1 in rule 5— (a) in paragraph (1)...

75In Schedule 1 at the end of rule 9 (deposit)...

76In Schedule 1 in rule 19(2)(d) (under which the counterfoil...

77In Schedule 1 in rule 23 (notice of the poll)—...

78In Schedule 1 in rule 24 (returning officer to send...

79In Schedule 1 in rule 29(5) (alternative forms of notice...

80In Schedule 1 for rule 31 there shall be substituted—...

81In Schedule 1 in rule 37(1)(b) for the words “name...

82In Schedule 1 in rule 45 (the count) for paragraph...

83In Schedule 1 in rule 53— (a) in paragraph (2)...

84In Schedule 1 in the Appendix of forms the form...

85In Schedule 1 in the Appendix of forms in the...

86In Schedule 1 in the Appendix of forms, for the...

Other Schedules

87In Schedule 2 (regulations as to registration)—

88In Schedule 3 (return and declarations as to election expenses)...

89In Schedule 4 (election expenses at certain local elections in...

90. . . . . . . . . ....

SCHEDULE 5 Repeals

Royal arms

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:—