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:—
Electoral registration and franchise
New system of registration
For sections 1 and 2 of the Representation of the People Act 1983 (“the 1983 Act”) there shall be substituted—
For section 4 of the 1983 Act there shall be substituted—
Disfranchisement
After section 3 of the 1983 Act there shall be inserted—
Residence for purposes of registration
For section 5 of the 1983 Act there shall be substituted—
For section 7 of the 1983 Act there shall be substituted—
After section 7A of the 1983 Act (as inserted by section 5 above) there shall be inserted—
Service voters
Section 12(3) and (4) of the 1983 Act (by virtue of which persons with service qualifications may only be registered in pursuance of a service declaration, even where they would otherwise be entitled to be registered by virtue of residence in the United Kingdom) shall cease to have effect.
Further amendments
Schedules 1, 2 and 3, which make consequential and connected amendments of—respectively, shall have effect.
the 1983 Act,
sections 1 to 3 of the Representation of the People Act 1985 (overseas electors), and
the Elected Authorities (Northern Ireland) Act 1989,
Supply of information contained in register
Schedule 2 to the 1983 Act (provisions which may be contained in regulations as to registration) is amended as follows.
For paragraphs 10 and 11 there shall be substituted—
In paragraph 13 (offences and supplemental matters), after sub-paragraph (1) there shall be inserted—
Conduct of elections
New electoral procedures
Where—
a relevant local authority submit to the Secretary of State proposals for a scheme under this section to apply to particular local government elections held in the authority’s area, and
those proposals are approved by the Secretary of State, either—the Secretary of State shall by order make such provision for and in connection with the implementation of the scheme in relation to those elections as he considers appropriate (which may include provision modifying or disapplying any enactment).
without modification, or
with such modifications as, after consulting the authority, he considers appropriate,
Subsection (1) applies to proposals falling within that subsection which are submitted by a relevant local authority jointly with the Electoral Commission as if in that subsection—were each a reference to the authority and the Commission; and, in a case where any such proposals are not jointly so submitted, the Secretary of State must consult the Commission before making an order under that subsection.
the first reference to any such authority in paragraph (a), and
the reference to the authority in paragraph (b)(ii),
A scheme under this section is a scheme which makes, in relation to local government elections in the area of a relevant local authority, provision differing in any respect from that made under or by virtue of the Representation of the People Acts as regards one or more of the following, namely—
when, where and how voting at the elections is to take place;
how the votes cast at the elections are to be counted;
the sending by candidates of election communications free of charge for postage.
Without prejudice to the generality of the preceding provisions of this section, a scheme under this section may make provision—and where a scheme makes such provision as is mentioned in paragraph (b), the Secretary of State’s order under subsection (1) may make provision for disapplying section 75(1) of the 1983 Act (restriction on third party election expenditure) in relation to the payment of such charges by the authority.
for voting to take place on more than one day (whether each of those days is designated as a day of the poll or otherwise) and at places other than polling stations,
for postal charges incurred in respect of the sending of candidates’ election communications as mentioned in subsection (2)(c) to be paid by the authority concerned,
In subsection (2) the reference to local government elections in the area of a relevant local authority is a reference to such elections—as the scheme may provide.
throughout that area, or
in any particular part or parts of it,
Where the Secretary of State makes an order under subsection (1)—
he shall send a copy of the order to the authority concerned and to the Electoral Commission; and
that authority shall publish the order in their area in such manner as they think fit.
Once any elections in relation to which a scheme under this section applied have taken place, the Electoral Commission shall prepare a report on the scheme.
The report shall be prepared by the Electoral Commission in consultation with the authority concerned; and that authority shall provide the Commission with such assistance as they may reasonably require in connection with the preparation of the report (which may, in particular, include the making by the authority of arrangements for ascertaining the views of voters about the operation of the scheme).
The report shall , in particular, contain—
a description of the scheme and of the respects in which the provision made by it differed from that made by or under the Representation of the People Acts;
a copy of the order of the Secretary of State under subsection (1); and
an assessment of the scheme’s success or otherwise in facilitating—or in encouraging voting at the elections in question or enabling voters to make informed decisions at those elections.
voting at the elections in question, and
(if it made provision as respects the counting of votes cast at those elections) the counting of votes,
An assessment under subsection (7)(c)(i) shall include a statement by the authority concerned as to whether, in their opinion—
the turnout of voters was higher than it would have been if the scheme had not applied;
voters found the procedures provided for their assistance by the scheme easy to use;
the procedures provided for by the scheme led to any increase in personation or other electoral offences or in any other malpractice in connection with elections;
those procedures led to any increase in expenditure, or to any savings, by the authority.
If the Secretary of State so requests in writing, the report shall also contain an assessment of such other matters relating to the scheme as are specified in his request.
Once the Electoral Commission have prepared the report, they shall send a copy of the report—and that authority shall publish the report in their area, in such manner as they think fit, by the end of the period of three months beginning with the date of the declaration of the result of the elections in question.
to the Secretary of State, and
to the authority concerned,
In this section “relevant local authority” means—
the following authorities in England—
a county council, a district council or a London borough council, or
once established, the Greater London Authority;
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For the purposes of this section proposals falling within subsection (1) and submitted to the Secretary of State before the date on which this Act is passed shall be as effective as those so submitted on or after that date.
If it appears to the Secretary of State, in the light of any report made under section 10 on a scheme under that section, that it would be desirable for provision similar to that made by the scheme to apply generally, and on a permanent basis, in relation to—he may by order make such provision for and in connection with achieving that result as he considers appropriate (which may include provision modifying or disapplying any provision of an Act, including this Act). The power of the Secretary of State to make such an order shall, however, be exercisable only on a recommendation of the Electoral Commission.
local government elections in England ..., or
any particular description of such elections,
An order under subsection (1)—
may except from the operation of any of its provisions any local government area specified in the order; but
subject to that, must make the same provision—throughout England ....
in relation to local government elections, or
if it applies only to a particular description of such elections, in relation to elections of that description,
An order under subsection (1) shall be made by statutory instrument; and no such order shall be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
When laying such a draft before either House of Parliament the Secretary of State shall also lay before that House a copy of every report under section 10 which relates to a scheme making provision similar to that made by the order.
An order which excepts any local government area as mentioned in subsection (2) shall, if apart from this subsection it would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, proceed in that House as if it were not such an instrument.
Rules made under section 36 of the 1983 Act (local elections in England ...) may make such provision as the Secretary of State considers appropriate in connection with any provision made in relation to local government elections in England by an order under subsection (1).
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Nothing in this section shall be taken as prejudicing the generality of any power contained in any other Act to make subordinate legislation (within the meaning of the Interpretation Act 1978) with respect to elections of any description.
Manner of voting
Schedule 4 (which makes provision with respect to the manner of voting at elections, and in particular absent voting) shall have effect, as regards both—in relation to England, Wales and Scotland.
parliamentary elections, and
local government elections,
Sections 5 to 9 of the Representation of the People Act 1985 (which, so far as applying in relation to England, Wales and Scotland, are superseded by the provisions of Schedule 4)—
shall cease to have effect in relation to those parts of the United Kingdom; and
shall accordingly continue to have effect only in relation to Northern Ireland as regards parliamentary elections.
Where immediately before the commencement of this section any list or record is kept by a registration officer under any provision of the Representation of the People Act 1985 which ceases to have effect in relation to England, Wales or Scotland in accordance with subsection (2)—
the list or record shall be taken, as from that commencement, to be the list or record required to be kept by him under the corresponding provision of Schedule 4 to this Act; and
anything which, immediately before that commencement, is in the process of being done by him in relation to the list or record may be continued in relation to it as the list or record kept under that corresponding provision.
Persons with disabilities
Schedule 1 to the 1983 Act (the parliamentary elections rules) is amended as follows.
In rule 29 (equipment of polling stations), after paragraph (3) there shall be inserted—
For rule 39 there shall be substituted—
In rules 32(1)(e), 43(1)(f) and 55(1)(c), for “blind voters” (wherever occurring) there shall be substituted “ voters with disabilities ”.
In the Appendix of Forms, in the form of declaration to be made by the companion of a blind voter—
for “blind person” or “blind voter” (wherever occurring) there shall be substituted “ voter with disabilities ”; and
after the note at the end of the form (which shall become note 1), there shall be inserted—
Miscellaneous and General
Miscellaneous
The Greater London Authority Act 1999 is amended as follows.
After section 17 there shall be inserted—
In section 420(3) (orders under specified provisions to be subject to affirmative parliamentary procedure), before paragraph (a) there shall be inserted—.
The provisions set out in Schedule 5 shall be inserted as Schedule 3A to the Act.
General
The enactments specified in Schedule 6 shall have effect subject to the minor and consequential amendments there specified.
The enactments specified in Schedule 7 are repealed or revoked to the extent there specified.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
There shall be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.
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This Act may be cited as the Representation of the People Act 2000, and shall be included among the Acts that may be cited as the Representation of the People Acts.
In this Act—“the 1983 Act” means the Representation of the People Act 1983;“enactment” includes—any provision of an Act (including this Act), any provision of, or of any instrument made under, an Act of the Scottish Parliament, any provision of, or of any instrument made under, Northern Ireland legislation, and any provision of subordinate legislation (within the meaning of the Interpretation Act 1978);“local election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962;“local government area” has the meaning given by section 203(1) of the 1983 Act;“local government election” has the meaning given (for England and Wales) by section 203(1) of the 1983 Act or (for Scotland) by section 204(1) of that Act;“modifications” includes additions, omissions and amendments (and “modify” has a corresponding meaning).
Apart from—this Act does not come into force until such date as the Secretary of State may appoint by order made by statutory instrument; and different dates may be so appointed for different purposes.
Schedule 5, and
paragraph 6 of Schedule 6,
An order under subsection (3) may contain such transitional provisions and savings (including provisions modifying enactments) as the Secretary of State considers appropriate.
Subject to subsections (6) to (9), this Act extends to the whole of the United Kingdom.
The following provisions extend to England, Wales and Scotland—
paragraph 7 of Schedule 6, and
Part II of Schedule 7.
The amendments made by section 14 have the same extent as the Greater London Authority Act 1999.
The following provisions extend only to Northern Ireland—
Schedule 3,
paragraphs 13 to 17 of Schedule 6, and
Part III of Schedule 7.
Registration: amendments of 1983 Act
Introductory
The 1983 Act is amended as follows.
Residence
Registers of electors
For section 9 substitute—
Maintenance of registers
For section 10 substitute—
Omit—
section 11 (correction of registers), and
Publication of registers
For section 13 substitute—
Service declarations
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Section 15 (service declaration) is amended as follows.
For subsections (2) to (4) substitute—
In subsection (7) (cancellation of declarations), omit the words from “and (subject” onwards.
After that subsection add—
In section 16, omit the following—
in paragraph (b), the words from “where” to “such a member,”;
paragraph (c); and
in paragraph (d), the words “will be or”.
In section 17 (effect of service declaration), for subsection (1) substitute—
Polling districts
In section 18 (polling districts and places for parliamentary elections), for subsection (8) substitute—
Effect of registers
Section 49 (effect of registers) is amended as follows.
Omit subsections (1) and (2).
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Regulations about registration
In section 53(1) (regulations about registration)—
in paragraph (a), omit “the electors lists or”; and
for paragraph (b) substitute—.
Registration appeals: England and Wales
Section 56 (registration appeals: England and Wales) is amended as follows.
In subsection (1) (decisions against which appeals lie)—
in paragraph (a), for “claim” substitute “ application ”; and
omit paragraph (d).
In subsection (4) (compliance by registration officer with decision on appeal)—
after “the registration officer shall” insert “ , in accordance with sections 13A and 13B above, ”; and
omit “electors lists or”.
In subsection (4A) (effect of alterations in register), for “is made under subsection (4) above” substitute “ made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2) or 13B(3) above ”.
Registration appeals: Northern Ireland
For section 58 substitute—
Service voters
In section 59(2) (supplemental provisions as to members of forces and service voters)—
for “qualifying date” substitute “ relevant date for the purposes of section 4 above ”; and
for “5(2)” substitute “ 5(3) ”.
Offences
In section 62 (offences as to declarations), for subsection (1) substitute—
Election expenses
Section 76 (limitation of election expenses) is amended as follows.
In subsection (2) (maximum amounts calculated by reference to register to be used at election as first published), omit “to be used at the election (as first published)”, wherever occurring.
For subsection (4) substitute—
Election addresses
In section 91 (candidate’s right to send election address post-free), for subsection (4) substitute—
Evidence of registration
After section 180 insert—
Regulations under the Act
In section 201 (regulations), after subsection (2) add—
Interpretation
In section 202(1) (general interpretation)—
for the definition of “dwelling house” substitute—; and
at the appropriate place insert—.
Parliamentary elections rules
Schedule 1 (parliamentary elections rules) is amended as follows.
In rule 7 (subscription of nomination paper), for paragraph (6) substitute—
In the Appendix of Forms, in the form of nomination paper—
omit note 3, and
in note 5, omit “or electors lists”.
Content of regulations as to registration
Schedule 2 (provisions which may be contained in regulations as to registration) is amended as follows.
At the end of paragraph 1(2) (requiring of information by registration officer for purposes of registration duties) add “or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered.”
After paragraph 1(2) insert—
In paragraph 2A (registration officer to remind overseas elector of need to make fresh declaration), for the words from “overseas” onwards substitute “ declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered. ”
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In paragraph 6 (cases where claims and objections can be determined without a hearing), for “a claim” substitute “ an application ”.
In paragraph 8 (special lists of those whose addresses are not required to be shown on electors lists), for “on the electors lists” substitute “ in the register ”.
Registration: overseas electors
Introductory
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Franchise for parliamentary elections
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Registration of overseas electors
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Franchise for European Parliamentary elections
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Registration: local elections in Northern Ireland
Introductory
The Elected Authorities (Northern Ireland) Act 1989 is amended as follows.
Registration of electors
In section 1 (local electors in Northern Ireland), for subsections (1) and (2) substitute—
Application of provisions of 1983 Act
Part I of Schedule 1 (application of provisions of 1983 Act) is amended as follows.
After the entry relating to section 3(1) and (2) insert—
For the entry relating to section 4(2) substitute—
For the entry beginning “Section 53” substitute—
After the entry beginning “Section 56(1)” insert—
After the entry relating to section 62 insert—
In the entry beginning “Section 201”, for “the definition of “prescribed”” substitute “ the definitions of “dwelling”, “prescribed” and “qualifying address” ”.
Modification of provisions of 1983 Act
Part II of Schedule 1 (modification of provisions of the 1983 Act) is amended as follows.
For paragraph 7 substitute—
Paragraphs 9 to 11 shall be omitted.
For paragraph 14 (a) and (b) substitute—
Absent voting in Great Britain
Interpretation
In this Schedule—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“the appropriate rules” means—in the case of a parliamentary election, the parliamentary elections rules, and in the case of a local government election, rules made (or having effect as if made) under section 36 , section 36A or, as the case may be, section 42 of the 1983 Act;“local government election” means a local government election in England, Wales or Scotland.
The 1983 Act and this Schedule shall have effect as if this Schedule were contained in Part I of that Act.
References in an enactment other than one contained in this Act or the 1983 Act to Part I of that Act include a reference to this Schedule.
Manner of voting at parliamentary or local government elections
This paragraph applies to determine the manner of voting of a person entitled to vote as an elector at a parliamentary or local government election.
He may vote in person at the polling station allotted to him under the appropriate rules, unless he is entitled as an elector to an absent vote at the election.
He may vote by post if he is entitled as an elector to vote by post at the election.
If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under the appropriate rules for a ballot paper for the purpose of voting in person, in which case he may vote in person there.
If—he may vote in person at any polling station in the constituency or, as the case may be, electoral area.
he is not entitled as an elector to an absent vote at the election, but
he cannot reasonably be expected to go in person to the polling station allotted to him under the appropriate rules by reason of the particular circumstances of his employment, either as a constable or by the returning officer, on the date of the poll for a purpose connected with the election,
In the application of sub-paragraph (5) to an election in England or Wales, a reference to a constable includes a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for employees or volunteers).
Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote—
in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or
by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).
In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote—
in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or
by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).
Nothing in the preceding provisions of this paragraph applies to—whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).
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a person to whom section 7A of that Act (persons remanded in custody) applies,
In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies; and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election).
Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.
Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—
made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and
which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.
For the purposes of the provisions of—a person entitled to vote as an elector at a parliamentary or local government election is entitled as an elector to vote by post or entitled to vote by proxy at the election if sub-paragraph (8) or (9) (as the case may be) applies to him in relation to the election; and references in those provisions to entitlement as an elector to an absent vote at a parliamentary or local government election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.
this Schedule, and
the 1983 Act so far as it has effect in relation to England, Wales and Scotland,
This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 5(2) below as entitled to vote by post at an election.
This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 5(3) below as entitled to vote by proxy at an election.
Absent vote at elections for a period
Where a person applies to the registration officer to vote by post at parliamentary elections, at local government elections or at both ..., the registration officer shall grant the application if—
he is satisfied that the applicant is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and
the application contains the applicant's signature and date of birth and meets the prescribed requirements and, in the case of an application to vote by post at local government elections in Scotland or Wales for a particular period, specifies the period.
Any grant of an application under sub-paragraph (1) to vote by post at parliamentary elections, or at local government elections in England, is to be for—
the period ending with the third 31 January following the date on which the application is granted, or
any shorter period specified in the application.
But where the person is or will be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1A) does not apply and instead any grant of an application to vote by post at parliamentary elections is to be for—
the period ending with the 1 November until which, by virtue of section 1D(1)(a) or(3)(a) of the Representation of the People Act 1985, the person is entitled to remain registered in that register, or
any shorter period specified in the application.
Where a person applies to the registration officer to vote by proxy at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application if—
he is satisfied that the applicant is eligible to vote by proxy at elections to which the application relates,
he is satisfied that the applicant is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and
the application contains the applicant's signature and date of birth and meets the prescribed requirements.
For the purposes of this paragraph a person is eligible to vote by proxy at parliamentary or local government elections—and a person is also eligible to vote by proxy at parliamentary elections if he is or will be registered in pursuance of an overseas elector’s declaration.
if he is or will be registered as a service voter,
if he has an anonymous entry in the register of electors for the election,
if he cannot reasonably be expected—by reason of blindness or other disability or, in the case of local government elections in Scotland, by reason of blindness or other physical incapacity,
to go in person to the polling station allotted or likely to be allotted to him under the appropriate rules, or
to vote unaided there,
if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse or civil partner, or by reason of his attendance on a course provided by an educational institution or that of his spouse or civil partner, or
if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea, or
in the case of local government elections in Scotland, if the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies,
Sub-paragraph (3)(aa) does not apply to an application to vote by proxy at a local government election in Scotland
The registration officer shall keep a record of those whose applications under this paragraph have been granted showing—
whether their applications—
were in respect of parliamentary elections, local government elections or both, ...
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in the case of those who may vote by post at parliamentary elections or at local government elections in England (or both), the period for which they may do so,
in the case of—whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period),
those who may vote by post at local government elections in Scotland or Wales, or
those who may vote by proxy,
in the case of those who may vote by post, the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and
in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.
The registration officer shall remove a person from the record—
if he applies to the registration officer to be removed,
in the case of a person who is eligible to vote by proxy by virtue of having an anonymous entry, if he ceases to have an anonymous entry,
in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered in pursuance of—
a service declaration,
a declaration of local connection, or
an overseas elector’s declaration,
in the case of any person shown in the record as voting by proxy, if the registration officer gives notice that he has reason to believe there has been a material change of circumstances, ...
in the case of a person shown in the record as voting by post at parliamentary elections or at local government elections in England (or both), once the period for which the person is entitled to vote by post at elections of the kind in question has expired, or
in the case of a person who applied to vote by post at local government elections in Scotland or Wales for a particular period, or who applied to vote by proxy for a particular period, once that period has expired.
A person shown in the record as voting by post may subsequently alter his choice by applying to the registration officer to vote by proxy instead (whether for an indefinite period or for a particular period specified in his application); and, if the registration officer would be required to grant that application if it were one made under sub-paragraph (2), the registration officer shall amend the record accordingly.
A person shown in the record as voting by proxy may subsequently alter his choice by applying to the registration officer to vote by post instead ...; and, if the application meets the prescribed requirements and, in the case of an application to vote by post at local government elections in Scotland or Wales for a particular period, specifies the period , the registration officer shall amend the record accordingly.
Sub-paragraph (1A) applies to an application under sub-paragraph (7) to vote by post at parliamentary elections, or at local government elections in England, as it applies to an application under sub-paragraph (1) (but this is subject to sub-paragraph (7B)).
Where an application under sub-paragraph (7) to vote by post at parliamentary elections is made by a person who is or will be entitled to be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1B) applies to the application as it applies to an application under sub-paragraph (1).
The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—
to provide a signature because of any disability the applicant has,
to provide a signature because the applicant is unable to read or write, or
to sign in a consistent and distinctive way because of any such disability or inability.
The registration officer must also keep a record in relation to those whose applications under this paragraph have been granted showing—
their dates of birth;
except in cases where the registration officer in pursuance of sub-paragraph (8) has dispensed with the requirement to provide a signature, their signatures.
The record kept under sub-paragraph (9) must be retained by the registration officer for the prescribed period.
Absent vote at particular election
Where a person applies to the registration officer to vote by post at a particular parliamentary or local government election, the registration officer shall grant the application if—
he is satisfied that the applicant is or will be registered in the register of parliamentary or, as the case may be, local government electors, and
the application contains the applicant's signature and date of birth and meets the prescribed requirements.
Where a person applies to the registration officer to vote by proxy at a particular parliamentary or local government election, the registration officer shall grant the application if—
he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the appropriate rules,
he is satisfied that the applicant is or will be registered in the register of parliamentary or, as the case may be, local government electors, and
the application contains the applicant's signature and date of birth and meets the prescribed requirements.
Where a person who has an anonymous entry in the register of electors for a parliamentary or local government election applies to the registration officer to vote by proxy at a particular such election the registration officer shall grant the application if it meets the prescribed requirements.
Sub-paragraph (2A) does not apply to an application to vote by proxy at a local government election in Scotland.
Nothing in sub-paragraph (1) or (2) applies to a person who is included in the record kept under paragraph 3 in respect of elections of the kind in question, but such a person may, in respect of a particular parliamentary or local government election, apply to the registration officer—if he is shown in the record as voting by post at elections of the kind in question.
for his ballot paper to be sent to a different address from that shown in the record, or
to vote by proxy,
The registration officer shall grant an application under sub-paragraph (3) if—
(in the case of any application) it meets the prescribed requirements; and
(in the case of an application to vote by proxy) the registration officer is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the appropriate rules.
The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—
to provide a signature because of any disability the applicant has,
to provide a signature because the applicant is unable to read or write, or
to sign in a consistent and distinctive way because of any such disability or inability.
The registration officer must keep a record of those whose applications under this paragraph have been granted showing—
their dates of birth;
except in cases where the registration officer in pursuance of sub-paragraph (5) has dispensed with the requirement to provide a signature, their signatures.
The record kept under sub-paragraph (6) must be retained by the registration officer for the prescribed period.
Absent voters list
The registration officer shall, in respect of each parliamentary or local government election, keep the two special lists mentioned in sub-paragraphs (2) and (3) respectively.
The first of those lists is a list (“the postal voters list”) of—
those whose applications under paragraph 4(1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and
those who are for the time being shown in the record kept under paragraph 3 as voting by post at elections of the kind in question (excluding those so shown whose applications under paragraph 4(3)(b) above to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under paragraph 3 or, as the case may be, paragraph 4(3)(a) as the addresses to which their ballot papers are to be sent.
The second of the lists mentioned in sub-paragraph (1) is a list (“the list of proxies”) of—together with (in each case) the names and addresses of those appointed as their proxies.
those whose applications under paragraph 4(2) or (3) to vote by proxy at the election have been granted, and
those who are for the time being shown in the record kept under paragraph 3 as voting by proxy at elections of the kind in question,
In the case of a person who has an anonymous entry in a register the postal voters list or list of proxies (as the case may be) must show in relation to the person only—
his electoral number, and
the period for which the anonymous entry has effect.
Sub-paragraph (4) does not apply to any list kept in respect of a local government election in Scotland.
Proxies at elections
Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph and paragraph 7 referred to as “the elector”) at any parliamentary or local government election and may vote in pursuance of the appointment.
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), or
more than one person at a time appointed as proxy to vote for him at local government elections in the same electoral area.
A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election unless the person is or will be registered in a register of parliamentary electors in Great Britain or Northern Ireland.
A person is not capable of being appointed to vote, or voting, as proxy at a local government election unless the person is or will be registered in a register of local government electors in Great Britain or Northern Ireland.
A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary or local government election if the person is subject to any legal incapacity (age apart) to vote at that election as an elector.
A person is not capable of voting as proxy at a parliamentary or local government election (other than a local government election in Scotland) (other than a local government election in Wales) unless on the date of the poll he has attained the age of 18.
A person is not capable of voting as proxy at a local government election in Scotland unless on the date of the election the person has attained the age of 16.
A person is not capable of voting as proxy at a local government election in Wales unless on the date of the election the person has attained the age of 16.
A person is not capable of voting as proxy at a local government election in Scotland if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders in prison sentenced to term not exceeding 12 months) applies.
A person—
is not entitled to vote as proxy at a parliamentary election, or at a local government election in England, on behalf of more than two electors who do not fall within sub-paragraph (5D), but
subject to paragraph (a), is entitled to vote as proxy at any such election on behalf of up to four electors.
An elector falls within this sub-paragraph—
in relation to a parliamentary election, if the elector is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;
in relation to a local government election in England, if the elector is registered in a register of local government electors in England in pursuance of a service declaration.
Where the polls for two or more parliamentary elections are held on the same day, references in sub-paragraph (5C) to a parliamentary election are to all of those elections taken together.
Where the polls for two or more local government elections in England are held on the same day, references in sub-paragraph (5C) to a local government election in England are to all of those elections taken together.
A person is not entitled to vote as proxy—on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
at the same local government election in any electoral area in Wales or Scotland,
Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), 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—and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.
registered in the register of parliamentary electors, local government electors or both (as the case may be), and
shown in the record kept under paragraph 3 as voting by proxy at such elections,
Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary or local government 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—and that the proxy is capable of being, and willing to be, appointed.
registered in the register of parliamentary or, as the case may be, local government electors, and
entitled to vote by proxy at that election by virtue of an application under paragraph 4(2) or (3),
The appointment of a proxy under this paragraph is to be made by means of a proxy paper in the prescribed form issued by the registration officer.
The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force—
where the appointment related to a parliamentary election or parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a parliamentary election or parliamentary elections (whether in the same constituency or elsewhere),
where the appointment related to a local government election or local government elections, on the issue of a proxy paper appointing a different person to vote for him at a local government election or local government elections in the same electoral area, or
where the appointment was for a particular period, once that period expires.
Subject to sub-paragraph (10), the appointment shall remain in force—
in the case of an appointment for a particular election, for that election, and
in any other case, while the elector is shown as voting by proxy in the record kept under paragraph 3 in pursuance of the same application under that paragraph.
Voting as proxy
A person entitled to vote as proxy at a parliamentary or local government election may do so in person at the polling station allotted to the elector under the appropriate rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.
Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.
For the purposes of this Schedule and the 1983 Act a person entitled to vote as proxy for another at a parliamentary or local government election is entitled so to vote by post if he is included in the list kept under sub-paragraph (8) in respect of the election.
Where a person applies to the registration officer to vote by post—the registration officer shall grant the application if the conditions set out in sub-paragraph (5) are satisfied.
as proxy at parliamentary elections, at local government elections or at both ..., or
as proxy at a particular parliamentary or local government election,
Those conditions are—
that the registration officer is satisfied that the elector is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and
that there is in force an appointment of the applicant as the elector’s proxy to vote for him at elections of the kind in question or, as the case may be, the election concerned, and
that the application contains the applicant's signature and date of birth and meets the prescribed requirements and, in the case of an application to vote by post as proxy at local government elections in Scotland or Wales for a particular period, specifies the period.
Any grant of an application under sub-paragraph (4)(a) to vote by post as proxy at parliamentary elections, or at local government elections in England, is to be for—
the period ending with the third 31 January following the date on which the application is granted, or
any shorter period specified in the application.
The registration officer shall keep a record of those whose applications under sub-paragraph (4)(a) have been granted showing—
whether their applications—
were in respect of parliamentary elections, local government elections or both, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of those who may vote by post as proxy at parliamentary elections or at local government elections in England (or both), the period for which they may do so,
in the case of those who may vote by post as proxy at local government elections in Scotland or Wales, whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period), and
the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.
Where, in the case of a particular parliamentary or local government election, a person included in the record kept under sub-paragraph (6) in respect of elections of the kind in question applies to the registration officer for his ballot paper to be sent to a different address from that shown in the record, the registration officer shall grant the application if it meets the prescribed requirements.
The registration officer shall, in respect of each parliamentary or local government election, keep a special list (“the proxy postal voters list”) of—
those who are for the time being included in the record kept under sub-paragraph (6) in respect of elections of the kind in question, together with the addresses provided by them in their applications under sub-paragraph (4)(a) or, as the case may be, sub-paragraph (7) as the addresses to which their ballot papers are to be sent, and
those whose applications under sub-paragraph (4)(b) above have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.
In the case of a person who has an anonymous entry in a register the special list mentioned in sub-paragraph (8) must contain only—
the person's electoral number, and
the period for which the anonymous entry has effect.
Sub-paragraph (8A) does not apply to a special list kept in respect of a local government election in Scotland.
The registration officer shall remove a person from the record kept under sub-paragraph (6)—
if he applies to the registration officer to be removed,
if the elector ceases to be registered as mentioned in sub-paragraph (5)(a),
if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not he is re-appointed), ...
in the case of a person shown in the record as voting by post as proxy at parliamentary elections or at local government elections in England (or both), once the period for which the person is entitled to vote by post as proxy at elections of the kind in question has expired, or
in the case of a person who applied to vote by post as proxy at local government elections in Scotland or Wales for a particular period, once that period expires.
Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.
The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—
to provide a signature because of any disability the applicant has,
to provide a signature because the applicant is unable to read or write, or
to sign in a consistent and distinctive way because of any such disability or inability.”
The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4)(a) or (b) have been granted showing—
their dates of birth;
except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures.
The record kept under sub-paragraph (12) must be retained by the registration officer for the prescribed period.
Sub-paragraph (2) above does not prevent a person entitled to vote as proxy for another, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—
made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and
which entitles him to do so despite the fact that he is or may be entitled to vote by post as proxy.
Provision of fresh signatures
A person who remains on the record kept under paragraph 3(4) or 7(6) may, at any time, provide the registration officer with a fresh signature.
Anything required or authorised to be done for the purposes of any enactment in relation to a signature required to be provided in pursuance of this Schedule must be done in relation to a signature provided as mentioned in sub-paragraph (1) instead of in relation to a signature provided on any earlier occasion.
Regulations may make provision as to—
circumstances in which a registration officer may require a person who remains on the record kept under paragraph 3(4) or 7(6) to provide a fresh signature;
the consequences of a person refusing or failing to comply with a requirement to provide a fresh signature.
Use of personal identifier information
The registration officer must either —
provide the returning officer for an election with a copy of the information contained in records kept by the registration officer in pursuance of paragraphs 3(9), 4(6) and 7(12) in relation to electors at the election, or
give the returning officer access to such information.
Information contained in records kept by a registration officer in pursuance of paragraph 3(9), 4(6) or 7(12) may be disclosed by him (subject to any prescribed conditions) to—
any other registration officer if he thinks that to do so will assist the other registration officer in the performance of his duties;
any person exercising functions in relation to the preparation or conduct of legal proceedings under the Representation of the People Acts;
such other persons for such other purposes relating to elections as may be prescribed.
Notification of rejected postal vote
Regulations may make provision as to circumstances in which, following the close of the poll at a parliamentary or local government election, a registration officer must—
notify a person that the person's postal ballot paper has been rejected, and
where such notification is required to be given to a person appointed as proxy to vote for another (“the elector”) in respect of a proxy postal ballot paper, notify the elector that the ballot paper has been rejected.
For the purposes of sub-paragraph (1), a postal ballot paper is “rejected” if it was not taken to have been duly returned in accordance with the appropriate rules because the returned postal voting statement was not duly completed.
Regulations under this paragraph may include provision as to—
the information to be notified (which may include information as to the respect in which the postal voting statement was not duly completed);
the time within which the notification is to be given;
the way in which it is to be given.
Regulations under paragraph 7E in relation to local government elections in Scotland
The power to make regulations under paragraph 7E in relation to local government elections in Scotland is exercisable by the Scottish Ministers.
Regulations made by the Scottish Ministers by virtue of this paragraph are subject to the affirmative procedure.
Such regulations may—
make different provision for different cases, circumstances or areas;
contain such incidental, supplemental, saving or transitional provision as the Scottish Ministers think fit.
Offences
A person who—is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
in any declaration or form used for any of the purposes of this Schedule, makes a statement which he knows to be false, or
attests an application under paragraph 3 or 4 when he knows that he is not authorised to do so or that it contains a statement which is false,
Free delivery of election addresses at first GLA mayoral election: New Schedule 3A to the Greater London Authority Act 1999
Minor and consequential amendments
City of London (Various Powers) Act 1957 (c. x)
Section 8 of the City of London (Various Powers) Act 1957 (manner of voting at ward elections) is amended as follows.
In subsection (1) (application of provisions of 1983 Act), after the entry relating to section 3 of the 1983 Act insert—.
In subsection (2) (application of provisions about absent voting), for “sections 5 to 9 and 12(3) and (4) of the Representation of the People Act 1985” substitute “ Schedule 4 to the Representation of the People Act 2000 ”.
In subsections (4) and (5) (supplementary provisions), for “1985” (wherever occurring) substitute “ 2000 ”.
European Parliamentary Elections Act 1978 (c. 10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The 1983 Act
The 1983 Act is amended as follows.
In section 29(4C) (orders governing charges by returning officers), at the end add “ ; and any such order may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit. ”
After section 65 insert—
After section 66 insert—
In section 95(7) (schools for parliamentary election meetings not to include private dwelling house), omit “house”.
In section 108(4) (premises not to be used as committee rooms), omit “house”.
In section 202(1) (general interpretation)—
in the definition of “the absent voters list”, after “kept under” insert “ paragraph 5 of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, under ”; and
in the definition of “the list of proxies”, after “given by” insert “ paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, by ”.
Schedule 1 (parliamentary elections rules) is amended as follows.
In rule 5(2) (notice of election to state date by which applications for postal votes etc. are to be made), after “by which” insert “ (except in such circumstances as may be prescribed) ”.
For rule 24 substitute—
In rule 45 (the count)—
after paragraph (1A) insert—; and
in paragraph (2), after “shall not” insert “ , in Northern Ireland, ”.
Schedule 2 (provisions which may be contained in regulations as to registration) is amended as follows.
In paragraph 5A (applications for postal voting etc.)—
in sub-paragraph (1), after “applications under” insert “ paragraph 3 or 4 of Schedule 4 to the Representation of the People Act 2000 or ”;
in sub-paragraph (2), after “applying under” insert “ paragraph 4 of Schedule 4 to the Representation of the People Act 2000 or ”; and
in sub-paragraph (4), after “kept under” insert “ paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 or ”.
In paragraph 12 (voting by post), for the words from “the proceedings” to “and provisions” substitute.
In paragraph 13(1) (offences)—
for the words from “imposing” to “convicted—” substitute “ making it an offence (punishable on summary conviction by a fine not exceeding level 3 on the standard scale) for a person— ”; and
for “of having” (in both places) substitute “ to have ”.
Representation of the People Act 1985 (c. 50)
The Representation of the People Act 1985 is amended as follows (but paragraphs 13 to 17 have effect in relation to Northern Ireland only).
Section 5 (manner of voting) is amended as follows.
In subsection (1), omit “or local government”.
In subsection (5), omit “or, as the case may be, electoral area”.
After subsection (5) insert—
In subsection (6), omit “or local government” (wherever occurring).
For subsection (7) substitute—
Section 6 (absent vote at elections for an indefinite period) is amended as follows.
In subsection (1)—
omit “, at local government elections or at both”; and
in paragraph (a), for “elections to which the application relates” substitute “ parliamentary elections ”.
In subsection (2), omit—and, in paragraph (c), after “his spouse,” insert “ or by reason of his attendance on a course provided by an educational institution or that of his spouse, ”.
“or local government”, and
paragraph (aa),
Omit subsection (2A).
In subsection (3), omit paragraph (a).
In subsection (4), after “in pursuance of” insert “ a declaration of local connection or ”.
Section 7 (absent vote at a particular election and absent voters list) is amended as follows.
In subsection (1), omit—
“or local government”; and
in paragraph (b), “or, as the case may be, local government”.
For subsection (2) substitute—
In subsection (4)—
omit “or local government”; and
in each of paragraphs (a) and (b), for “elections of the kind in question” substitute “ parliamentary elections ”.
Section 8 (proxies at elections) is amended as follows.
In subsection (1), omit “or local government”.
Omit subsection (3A).
In subsection (4), omit “or local government”.
In subsection (5), omit “, or at the same local government election in any electoral area,”.
In subsection (6)—
omit “, at local government elections or at both”; and
in paragraph (a), for “electors for elections in respect of which the application is made” substitute “ parliamentary electors ”.
In subsection (7), omit—
“or local government”; and
in paragraph (a) “or, as the case may be, local government”.
For subsection (9) substitute—
Section 9 (voting as proxy) is amended as follows.
In each of subsections (1) and (3), omit “or local government”.
In subsection (4), omit—and in paragraph (b) for “the same area” substitute “ the same ward ”.
“, at local government elections or at both”; and
in paragraph (a), “, or electoral area,”;
Omit subsection (5).
In subsection (6), omit paragraph (a) (including the final “and”).
In subsection (7), omit “or, as the case may be, electoral area”.
In subsection (8), omit “in respect of elections of the kind in question”.
In subsection (9), omit—
“or local government”; and
in paragraph (a), “in respect of elections of the kind in question”.
In subsection (10)—
in paragraph (a), omit “, local government electors or both (as the case may be)”; and
in paragraph (b), for “elections of the kind in question” substitute “ parliamentary elections ”.
In subsection (11), in paragraph (b), omit “, or electoral area,”.
In section 27(2) (application of provisions of 1983 Act)—
Finance Act 1996 (c. 8)
Repeals
Repeals extending to whole of the United Kingdom
Repeals extending to England, Wales and Scotland
Repeals extending to Northern Ireland only