SCHEDULES

SCHEDULE 2Manner of Voting

PART IConsequential Amendments of Principal Act

1

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

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

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

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

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".

5

In Schedule 1 in rule 24 (postal ballot papers) for the words " provided by them for the purpose " there shall be substituted the words " shown in the absent voters list".

6

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

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

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.