Representation of the People Act 1985

[F1 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 summoning a new Parliament issued before the demise (see section 3(4) of the Fixed-term Parliaments Act 2011) (or any other matter relating to a parliamentary election or the summoning of a new Parliament).

(2) Subsections (3) to (6) apply if the demise occurs—

(a) on the day of the dissolution of a Parliament by section 3(1) of the 2011 Act, or

(b) after that day but before the polling day for the next parliamentary general election after the dissolution as determined under section 1 of the 2011 Act or appointed under section 2(7) of the 2011 Act (“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.

(4) If the polling day for the current election was appointed under section 2(7) of the 2011 Act, the reference to the polling day in section 1(4) of the 2011 Act is to be read, in relation to the current election, as a reference to the new polling day under subsection (3)(a).

(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.

(7) If the demise occurs within the period of seven days before the day of the dissolution of a Parliament by section 3(1) of the 2011 Act, subsections (2) to (6) 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

F1 S. 20 substituted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 16 (with s. 6)