Representation of the People Act 1985

[F1 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 F2 . . . 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).

[F3 (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.

F4 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) A person is not capable of voting as proxy at [F5 a parliamentary F6 . . . ] 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 F7 . . . on behalf of more than two electors of whom that person is not the [F8 spouse or civil partner]F8 , 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 F9 . . . 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 [F10 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 F11 . . . 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 F12 . . . 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.

[F13 (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.

F14 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 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))

F2 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))

F3 S. 8(3)(3A) substituted for s. 8(3) (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 para. 7

F4 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))

F5 Words in s. 8(4) substituted (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 para. 8

F6 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))

F7 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))

F8 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)

F9 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))

F10 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))

F11 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))

F12 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))

F13 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))

F14 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)

C1 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

C2 S. 8 modified (17.2.1994) by S.I. 1994/342, regs. 2(2), 15(4), 16(5)

C3 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)