Elections Act 2022

Part 1 U.K. Administration and conduct of elections

Voter identification, applications for postal and proxy votes, etc U.K.

1 Voter identification U.K.

Schedule 1 makes provision, including provision amending RPA 1983, in connection with the production of identification at polling stations by voters.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 67(1)

I2 S. 1 in force at 27.8.2022 for specified purposes by S.I. 2022/916, reg. 2(a)

I3 S. 1 in force at 16.1.2023 for specified purposes by S.I. 2022/1401, reg. 2(a)

2 Power to make regulations about registration, absent voting and other matters U.K.

Schedule 2 contains provision, including provision amending Schedule 2 to RPA 1983, in connection with applications relating to registration, applications to vote by post or proxy, and applications for particular kinds of document.

Commencement Information

I4 S. 2 not in force at Royal Assent, see s. 67(1)

I5 S. 2 in force at 27.8.2022 for specified purposes by S.I. 2022/916, reg. 2(b)

I6 S. 2 in force at 16.1.2023 for specified purposes by S.I. 2022/1401, reg. 2(b)

Postal and proxy voting U.K.

3 Restriction of period for which person can apply for postal vote E+W+S

Schedule 3 contains provision limiting the period for which a person can apply to vote by post—

(a) at parliamentary elections in England and Wales and Scotland, and

(b) at local government elections in England.

Commencement Information

I7 S. 3 not in force at Royal Assent, see s. 67(1)

I8 S. 3 in force at 31.10.2023 by S.I. 2023/1145, reg. 2(a)

Valid from 12/12/2023

4 Handling of postal voting documents by political campaigners U.K.

(1) RPA 1983 is amended as follows.

(2) After section 112 insert—

“112A Handling of postal voting documents by political campaigners

(1) A person who is a political campaigner in respect of a relevant election commits an offence if the person handles a postal voting document that has been issued to another person for use in that election.

(2) But a person who handles a postal voting document for use in a relevant election does not commit the offence if—

(a) the person is responsible for, or assists with, the conduct of that election (for example as a returning officer or a person working under the direction of a returning officer),

(b) the person is engaged in the business of a postal operator, or

(c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building,

and the handling is consistent with the person’s duties in that capacity.

(3) Nor does a person commit the offence if the person—

(a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or

(b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person.

(4) It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a relevant election.

(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6) A person is guilty of a corrupt practice if the person—

(a) commits the offence under subsection (1), or

(b) aids, abets, counsels or procures the commission of that offence.

(7) For the purposes of this section a person is a political campaigner in respect of a relevant election if any of the following paragraphs applies—

(a) the person is a candidate at the election;

(b) the person is an election agent of a candidate at the election;

(c) the person is a sub-agent of a person within paragraph (b);

(d) the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate;

(e) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election;

(f) the person is employed or engaged by a registered political party in connection with the party’s political activities;

(g) the person is employed or engaged by a person within any of paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election;

(h) the person is employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the election.

(8) In this section—

• “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27(3) to (5) of that Act);

• “postal voting document” means a postal ballot paper, postal voting statement, declaration of identity or envelope that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election;

• “relevant election” means—

  (a)

  a parliamentary election, or

  (b)

  a local government election in England.

(9) For the purposes of this section, an envelope—

(a) that is not a postal voting document, but

(b) that contains a postal ballot paper, postal voting statement or declaration of identity that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election,

is to be treated as if it were a postal voting document that has been issued to the person for use in the election.

(10) In this section, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment.

(11) For the purposes of subsection (3)(a), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.”

(3) In section 160 (persons reported personally guilty of corrupt or illegal practices), in subsection (4A) for “or 62B” substitute “, 62B or 112A”.

(4) In section 168 (prosecutions for corrupt practices), in subsection (1)(a)(i), before “above” insert “or 112A”.

(5) In section 173 (incapacities on conviction of corrupt or illegal practice), in subsection (2) for “or 62B” substitute “, 62B or 112A”.

Commencement Information

I9 S. 4 not in force at Royal Assent, see s. 67(1)

5 Handing in postal voting documents U.K.

(1) RPA 1983 is amended as follows.

(2) Schedule 1 (Parliamentary elections rules) is amended in accordance with subsections (3) and (4).

(3) In rule 32 (admission to polling station), in paragraph (1), after sub-paragraph (b) insert—

“(ba) where regulations under rule 45(1B)(a) or (b) provide that a postal ballot paper or postal voting statement may be returned by hand to a polling station, persons aged 18 or over returning such a document by hand;”.

(4) In rule 45 (the count)—

(a) in paragraph (1B)—

(i) omit “and” at the end of sub-paragraph (c);

(ii) insert “and” at the end of sub-paragraph (d);

(iii) after sub-paragraph (d) insert—

“(e) where regulations contain provision made by virtue of paragraph 12ZA of Schedule 2 (handing in postal voting documents), the postal ballot paper is not one that falls to be rejected in accordance with that provision.”;

(b) in paragraph (2)—

(i) for sub-paragraph (a) substitute—

“(a) it is returned in the prescribed manner, accompanied by the declaration of identity duly signed and authenticated, and reaches the returning officer before the close of the poll,”;

(ii) insert “and” at the end of sub-paragraph (b);

(iii) after sub-paragraph (b) insert—

“(c) where regulations contain provision made by virtue of paragraph 12ZB of Schedule 2 (handing in postal voting documents: Northern Ireland), the postal ballot paper is not one that falls to be rejected in accordance with that provision.”

(5) In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 12 insert—

“12ZA(1) Where regulations under rule 45(1B)(a) or (b) in Schedule 1 provide that a postal voting document may be returned by hand to a polling station or to the returning officer, provision within this paragraph.

(2) Provision—

(a) requiring a person who seeks to hand in a postal voting document to complete a form containing prescribed information,

(b) requiring a relevant officer to reject a postal voting document handed in by a person who fails to provide all the prescribed information on such a form, and

(c) about the arrangements to be made in respect of such forms.

(3) Provision requiring a relevant officer—

(a) to reject all postal voting documents handed in together by a person where the relevant officer has reasonable cause to suspect that the documents are handed in on behalf of more than the prescribed number of electors;

(b) to reject a postal voting document handed in by a person, or all postal voting documents handed in together by a person, on a particular occasion, where the relevant officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by the person on any previous occasion (disregarding any that were rejected), the person has handed in postal voting documents on behalf of more than the prescribed number of electors.

(4) In sub-paragraph (3)—

(a) references to postal voting documents handed in by a person are to postal voting documents—

(i) all relating to the same election, or

(ii) where more than one poll is to be taken on a day, each of which relates to an election the poll at which is to be taken on that day,

but do not include references to a postal voting document issued to that person;

(b) “electors” means persons who are electors in relation to an election to which any of the postal voting documents handed in by the person relates.

(5) Provision authorising a relevant officer to reject a postal voting document handed in by a person where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, the person commits an offence under section 112A (offences relating to handling of postal voting documents).

(6) Provision as to the arrangements to be made in respect of the documents mentioned in sub-paragraph (7), including provision about—

(a) the procedure to be followed in respect of those documents;

(b) storage of those documents;

(c) disposal of those documents;

(d) transfer of those documents to—

(i) the returning officer;

(ii) the registration officer.

(7) The documents are—

(a) a postal voting document that is rejected;

(b) a postal voting document that—

(i) is brought into a polling station or into the offices of the returning officer so that it may be handed in to a person, but

(ii) is left behind there (without being handed in).

(8) Provision requiring prescribed information about postal voting documents that are handed in, or about the documents mentioned in sub-paragraph (7), to be supplied to—

(a) the returning officer;

(b) the registration officer.

(9) Provision about the notification of the persons mentioned in sub-paragraph (10) where a postal ballot paper is—

(a) rejected, or

(b) left behind as mentioned in sub-paragraph (7)(b).

(10) The persons are—

(a) the person whose ballot paper it is;

(b) where that person is a proxy—

(i) that person, and

(ii) the elector for whom the person voted as proxy on that paper.

(11) Provision as to the meaning of any reference in the regulations to—

(a) a person seeking to hand in a postal voting document;

(b) a postal voting document being handed in.

(12) In this paragraph—

• “postal voting document” means a postal ballot paper, postal voting statement or other document that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election;

• “rejected” means rejected in accordance with regulations made by virtue of this paragraph;

• “relevant election” means—

  (a)

  a parliamentary election in England and Wales or Scotland, or

  (b)

  a local government election in England;

• “relevant officer” means—

  (a)

  where a postal voting document is handed in at a polling station—

  (i)

  the person presiding at the polling station, or

  (ii)

  a clerk at the polling station;

  (b)

  where a postal voting document is handed in to the returning officer—

  (i)

  that officer, or

  (ii)

  a person acting under the authority of that officer.

12ZB(1) Where regulations under rule 45(2)(a) in Schedule 1 provide that a postal voting document may be returned by hand to the returning officer, provision within this paragraph.

(2) Provision—

(a) requiring a person who seeks to hand in a postal voting document to complete a form containing prescribed information,

(b) requiring the returning officer to reject a postal voting document handed in by a person who fails to provide all the prescribed information on such a form, and

(c) about the arrangements to be made in respect of such forms.

(3) Provision requiring the returning officer—

(a) to reject all postal voting documents handed in together by a person where the returning officer has reasonable cause to suspect that the documents are handed in on behalf of more than the prescribed number of electors;

(b) to reject a postal voting document handed in by a person, or all postal voting documents handed in together by a person, on a particular occasion, where the returning officer has reasonable cause to suspect that, taking that document or those documents together with any postal voting documents handed in by the person on any previous occasion (disregarding any that were rejected), the person has handed in postal voting documents on behalf of more than the prescribed number of electors.

(4) In sub-paragraph (3)—

(a) references to postal voting documents handed in by a person are to postal voting documents all relating to the same election, but do not include references to a postal voting document issued to that person;

(b) “electors” means persons who are electors in relation to the election to which the postal voting documents handed in by the person relate.

(5) Provision authorising the returning officer to reject a postal voting document handed in by a person where the returning officer knows or has reasonable cause to suspect that, in handing in the document, the person commits an offence under section 112A (offences relating to handling of postal voting documents).

(6) Provision as to the arrangements to be made in respect of the documents mentioned in sub-paragraph (7), including provision about—

(a) the procedure to be followed in respect of those documents;

(b) storage of those documents;

(c) disposal of those documents.

(7) The documents are—

(a) a postal voting document that is rejected;

(b) a postal voting document that—

(i) is brought into the offices of the returning officer so that it may be handed in to a person, but

(ii) is left behind there (without being handed in).

(8) Provision about the notification of the persons mentioned in sub-paragraph (9) where a postal ballot paper is—

(a) rejected, or

(b) left behind as mentioned in sub-paragraph (7)(b).

(9) The persons are—

(a) the person whose ballot paper it is;

(b) where that person is a proxy—

(i) that person, and

(ii) the elector for whom the person voted as proxy on that paper.

(10) Provision as to the meaning of any reference in the regulations to—

(a) a person seeking to hand in a postal voting document;

(b) a postal voting document being handed in.

(11) In this paragraph—

• “postal voting document” means a postal ballot paper, declaration of identity, or other document that has been issued to a person for the purpose of enabling the person to vote by post at a parliamentary election in Northern Ireland;

• “rejected” means rejected in accordance with regulations made by virtue of this paragraph.”

Commencement Information

I10 S. 5 not in force at Royal Assent, see s. 67(1)

I11 S. 5(1) in force at 6.2.2023 for specified purposes by S.I. 2023/115, reg. 2(a)

I12 S. 5(5) in force at 6.2.2023 by S.I. 2023/115, reg. 2(a)

6 Limit on number of electors for whom a proxy can vote U.K.

Schedule 4—

(a) contains amendments limiting a person’s entitlement to vote as proxy—

(i) at parliamentary elections, and

(ii) at local government elections in England,

(see paragraphs 6(4) and 7(2)), and

(b) makes related provision about proxy voting and proxy appointments.

Commencement Information

I13 S. 6 not in force at Royal Assent, see s. 67(1)

I14 S. 6 in force at 31.10.2023 for specified purposes by S.I. 2023/1145, reg. 2(b)

Valid from 12/12/2023

7 Requirement of secrecy U.K.

(1) Section 66 of RPA 1983 (requirement of secrecy) is amended as follows.

(2) After subsection (3) insert—

“(3A) No person may—

(a) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election;

(b) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a ballot paper sent to a person for voting by post at a relevant election;

(c) obtain or attempt to obtain information, in the circumstances mentioned in subsection (3B), as to the candidate for whom a person voting by post at a relevant election (“V”) is about to vote or has voted;

(d) communicate at any time to any other person information obtained in contravention of paragraph (c).

(3B) The circumstances referred to in subsection (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.

(3C) But—

(a) a person (“E”) who is voting by proxy does not contravene subsection (3A) by obtaining or attempting to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to E’s vote, and

(b) a person who is appointed as proxy for an elector does not contravene subsection (3A) by communicating to that elector information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to that elector’s vote.

(3D) Subsection (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—

(a) a published statement relating to the way in which voters intend to vote or have voted at the relevant election, or

(b) a published forecast as to the result of that election which is based on information given by voters.

(3E) In subsection (3D)—

(a) “forecast” includes estimate;

(b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;

(c) the reference to the result of the relevant election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.

(3F) A person voting as proxy for an elector at a relevant election—

(a) must not communicate at any time to any person other than that elector any information as to the candidate for whom the person is about to vote, or has voted, as proxy for that elector;

(b) except for some purpose authorised by law, must not communicate at any time to any person other than that elector the number or other unique identifying mark on the back of a ballot paper sent or delivered to the person for voting as proxy for that elector.”

(3) After subsection (4) insert—

“(4A) No person having undertaken to assist a relevant voter to vote at a relevant election may communicate at any time to any person except that voter any information as to—

(a) the candidate for whom the voter intends to vote or has voted, or

(b) the number or other unique identifying mark on the back of the ballot paper given for the use of the voter.

(4B) In subsection (4A) “relevant voter” means a voter who is blind, has another disability, or is unable to read.”

(4) In subsection (5), after “to vote”, in the first place it occurs, insert “at an election in Scotland or Wales under the local government Act”.

(5) After subsection (6) insert—

“(6A) In this section, “relevant election” means—

(a) a parliamentary election, or

(b) an election in England under the local government Act.”

(6) In rule 31 of Schedule 1 to RPA 1983 (Parliamentary elections rules: notification of requirement of secrecy)—

(a) in paragraph (1)(a), for “blind voter” substitute “relevant voter”;

(b) after paragraph (1) insert—

“(1A) In paragraph (1)(a) “relevant voter” means a voter who is blind, has another disability, or is unable to read.”

Commencement Information

I15 S. 7 not in force at Royal Assent, see s. 67(1)

Valid from 01/11/2023

Undue influence U.K.

8 Undue influence U.K.

(1) After section 114 of RPA 1983 insert—

“114A Undue influence

(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of—

(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or

(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of subsection (4) on account of—

(a) a person having voted in a particular way or refrained from voting, or

(b) P assuming a person to have voted in a particular way or to have refrained from voting.

(4) The following activities fall within this subsection—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(c) damaging or threatening to damage a person’s reputation;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of an election.

(5) For the purposes of subsections (2) and (3) an activity is carried out by a person (“P”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(c) by one or more other persons on behalf of P and with P’s authority or consent.

(6) In subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).

(7) This section does not have effect in relation to an election in Scotland or Wales under the local government Act.”

(2) In section 115 of RPA 1983 (undue influence)—

(a) in subsection (1), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;

(b) in subsection (2), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;

(c) in the heading, after “influence” insert “: local government elections in Scotland and Wales”.

(3) Schedule 5 contains further provision relating to this section.

Commencement Information

I16 S. 8 not in force at Royal Assent, see s. 67(1)

Assistance with voting for persons with disabilities U.K.

9 Assistance with voting for persons with disabilities U.K.

(1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

(2) In rule 29 (equipment of polling stations)—

(a) in paragraph (3A), for sub-paragraph (b) substitute—

“(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 37 (including in relation to voting secretly).”;

(b) after paragraph (3A) insert—

“(3B) In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of—

(a) blindness or partial sight, or

(b) another disability.”;

(c) after paragraph (7) insert—

“(8) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b).

(9) Before giving guidance under paragraph (8), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate.

(10) In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (8).”

(3) In rule 39 (voting by persons with disabilities)—

(a) in paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”;

(b) in paragraph (3), omit the words from “and a person” to the end.

(4) In the Appendix of Forms, in the form of declaration to be made by the companion of a voter with disabilities—

(a) for the words from “[I am entitled” to “18 years],” substitute “I am aged 18 or over”;

(b) omit “* State the relationship of the companion to the voter.”

(5) In section 5 of PPERA (reports on elections etc), after subsection (2A) insert—

“(2AA) Subsection (2AB) applies where a report under this section relates to—

(a) a parliamentary general election,

(b) a parliamentary by-election,

(c) an ordinary election of police and crime commissioners,

(d) an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner), or

(e) a Northern Ireland Assembly general election.

(2AB) The report must include a description of the steps taken by returning officers to assist relevant persons (within the meaning of rule 29 of Schedule 1 to the Representation of the People Act 1983) to vote at the election.”

Commencement Information

I17 S. 9 not in force at Royal Assent, see s. 67(1)

I18 S. 9(1)(2) in force at 24.11.2022 for specified purposes by S.I. 2022/1226, reg. 2(a)

I19 S. 9(1)(2) in force at 29.12.2022 in so far as not already in force by S.I. 2022/1270, reg. 2(a) (with reg. 3)

I20 S. 9(3)-(5) in force at 29.12.2022 by S.I. 2022/1270, reg. 2(a) (with reg. 3)

Valid from 01/11/2023

Nomination of candidates at parliamentary elections U.K.

10 Candidate nomination paper: commonly used names U.K.

(1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

(2) In rule 6 (nomination of candidates), for paragraph (2A) substitute—

“(2A) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”

(3) In rule 14 (publication of statement of persons nominated), in paragraph (2A)—

(a) for “in addition to another name” substitute “in accordance with rule 6(2A)”;

(b) for “any other name” substitute “the other surname or forename”.

(4) In the form of nomination paper in the Appendix of forms, for note 2A substitute—

“2A Where a candidate commonly uses a name or names—

(a) that are different from the candidate’s full names as stated on the nomination paper, or

(b) in a different way from the candidate’s full names as stated on the nomination paper,

the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.”

Commencement Information

I21 S. 10 not in force at Royal Assent, see s. 67(1)

11 Home address form: statement of local authority area U.K.

(1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.

(2) In rule 6 (nomination of candidates)—

(a) in paragraph (5)(b), for the words from “state” to the end substitute “—

(i) where the candidate’s home address is in the United Kingdom, state the constituency or the relevant area within which that address is situated;

(ii) where the candidate’s home address is outside the United Kingdom, state the country within which that address is situated.”;

(b) after paragraph (5) insert—

“(6) In paragraph (5)(b)(i), “relevant area” means—

(a) in relation to a home address in England—

(i) if the address is within a district for which there is a district council, that district;

(ii) if the address is within a county in which there are no districts with councils, that county;

(iii) if the address is within a London borough, that London borough;

(iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London;

(v) if the address is within the Isles of Scilly, the Isles of Scilly;

(b) in relation to a home address in Wales—

(i) if the address is within a county, that county;

(ii) if the address is within a county borough, that county borough;

(c) in relation to a home address in Scotland, the local government area in which the address is situated;

(d) in relation to a home address in Northern Ireland, the local government district in which the address is situated.”

(3) In the Appendix of forms, in the Form of Front of Ballot Paper, for the address after “Catherine Angelina Smith” substitute “(address in [relevant area])”.

Commencement Information

I22 S. 11 not in force at Royal Assent, see s. 67(1)

Northern Ireland elections U.K.

12 Local elections and Assembly elections in Northern Ireland U.K.

Schedule 6 contains provision relating to local elections in Northern Ireland and elections to the Northern Ireland Assembly (including provision corresponding to provision made by this Part in relation to parliamentary elections in Northern Ireland).

Commencement Information

I23 S. 12 not in force at Royal Assent, see s. 67(1)

I24 S. 12 in force at 27.8.2022 for specified purposes by S.I. 2022/916, reg. 2(c)

I25 S. 12 in force at 24.11.2022 for specified purposes by S.I. 2022/1226, reg. 2(b)

I26 S. 12 in force at 29.12.2022 for specified purposes by S.I. 2022/1270, reg. 2(b) (with reg. 3)

I27 S. 12 in force at 16.1.2023 for specified purposes by S.I. 2022/1401, reg. 2(c)

I28 S. 12 in force at 31.10.2023 for specified purposes by S.I. 2023/1145, reg. 2(c)

Voting system for elections for certain offices U.K.

13 Simple majority system to be used in elections for certain offices U.K.

Elections for Mayor of London

(1) The Greater London Authority Act 1999 is amended in accordance with subsections (2) to (5).

(2) In section 4 (voting at ordinary elections)—

(a) in subsection (1)(a), omit “(referred to in this Part as a mayoral vote)”;

(b) in subsection (2), omit “, unless there are three or more candidates”;

(c) omit subsection (3).

(3) In section 16 (filling a vacancy)—

(a) in subsection (3), for “a mayoral vote” substitute “one vote which may be given for a candidate to be the Mayor”;

(b) for subsection (4) substitute—

“(4) Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election.”

(4) In section 29 (interpretation of Part 1), omit the definition of “mayoral vote”.

(5) In Schedule 2 (voting at elections), omit Part 1.

(6) In section 165 of RPA 1983 (avoidance of election for employing corrupt agent), omit subsection (4).

Elections for elected mayors of local authorities in England

(7) The Local Government Act 2000 is amended as follows.

(8) In section 9HC (voting at elections of elected mayors)—

(a) for subsection (1) substitute—

“(1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have one vote which may be given for a candidate to be the elected mayor.”;

(b) in subsection (2), omit “, unless there are three or more candidates”;

(c) omit subsection (3).

(9) In section 9HD (entitlement to vote), in subsection (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.

(10) In section 9R (interpretation of Part 1A), in subsection (1), omit the definitions of “first preference vote” and “second preference vote”.

(11) In Schedule 2 (election of elected mayor), in paragraph 1, after “authority” insert “in Wales”.

Elections for mayors of combined authority areas

(12) Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) is amended as follows.

(13) In paragraph 4 (voting at elections of mayors)—

(a) for sub-paragraph (1) substitute—

“(1) Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor.”;

(b) in sub-paragraph (2), omit “, unless there are three or more candidates”;

(c) omit sub-paragraph (3).

(14) Omit paragraph 5.

(15) In paragraph 6 (entitlement to vote), in sub-paragraph (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.

Elections for police and crime commissioners

(16) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(17) In section 57 (voting at elections of police and crime commissioners)—

(a) in subsection (2), omit “, unless there are three or more candidates”;

(b) omit subsections (3) to (5).

(18) Omit Schedule 9.

Commencement Information

I29 S. 13 not in force at Royal Assent, see s. 67(1)

I30 S. 13 in force at 26.10.2022 (but the amendments made by s.13 do not apply in relation to any election in respect of which the date of the poll specified in the notice of election is before the ordinary day of election in 2023) by S.I. 2022/1093, reg. 2 (with reg. 3)