Legalize / United Kingdom / Public General Act

Representation of the People Act 1983

Type Public General Act

Publication 1983-02-08

Last updated 2026-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area in England (that is, a county, .... . . , a district or a London borough) shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) All expenditure properly incurred by a returning officer in relation to the holding of an Authority election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Greater London Authority, exceed that scale, be paid by the Greater London Authority.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish . . . councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish . . . is situated, exceed that scale, be paid by the district council, but any expenditure so incurred shall, if the district council so require, be repaid to that council by the council of the parish . . . for which the election is held..

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Before a poll is taken at an election of a councillor for any local government area in England ... the council of that area or, in the case of an election of a parish ... councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(6A) Subsection (6) above shall apply in relation to an Authority election as it applies in relation to an election of a councillor for any local government area in England ..., but taking the reference to the council of the area as a reference to the Greater London Authority.

(7) Rules made under this section shall be—

(a) made by statutory instrument;

(b) subject to annulment in pursuance of a resolution of either House of Parliament.

Ordinary day of local elections in England and Wales

37

(1) In every year the ordinary day of election of councillors is the same for all local government areas in England ... and is—

(a) the first Thursday in May;

(b) such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding the year (or, in the case of an order affecting more than one year, the first year) in which the order is to take effect.

(2) As respects Authority elections, the power conferred by subsection (1)(b) above shall include power to make an order fixing a day other than the first Thursday in May as the day on which the poll is to be held at an ordinary election other than the first.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The power to make an order under this section is exercisable by statutory instrument.

Nominations and candidate's death in local election in England and Wales

38

Local elections void etc. in England and Wales

39

(1) If in England and Wales at a local government election, other than an election for the return of the London members of the London Assembly,—

(a) the poll is countermanded or abandoned for any reason, or

(b) no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held,

the returning officer . . . shall order an election to fill any vacancy which remains unfilled to be held on a day appointed by him.

That day shall be within the period of 35 days (computed acccording to section 40 below) beginning with the day fixed as the day of election for the first mentioned election.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If for any other reason an election to an office under the Local Government Act 1972 or the 1999 Act . . . , other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the court.

(3) The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.

(4) In a case not falling within subsection (1) above—

(a) if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or

(b) if a parish or community council is not properly constituted because an election is not held or is defective or for any other reason,

the district council or Welsh county or county borough council—

(i) may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and

(ii) may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.

(5) Where an election is ordered to be held under this section—

(a) rules under section 36 or section 36A above relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;

(b) no fresh nomination is necessary in the case of a candidate who remains validly nominated for that election.

(6) An order made—

(a) under this section may include such modifications of the provisions of—

(i) this Part of this Act (and the rules under section 36 or section 36A), and

(ii) the Local Government Act 1972 or the 1999 Act . . . ,

as appear to the High Court, or, as the case may be, the district council or Welsh county or county borough council, necessary or expedient for carrying the order into effect;

(b) by a . . . council under subsection (4) above with respect to an election of parish or community councillors may modify the provisions of—

(i) this Act (and the rules with respect to such elections under section 36 or section 36A); and

(ii) any other enactment relating to such elections.

(7) In the case of a common parish council under which are grouped, by virtue of section 11(5) of the Local Government Act 1972 (grouping of parishes), parishes situated in different districts, references in subsections (4) and (6) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) If a municipal election in a London borough is not held on the appointed day or within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.

Timing as to local elections in England and Wales

40

(1) When the day on which anything is required to be done by section 37 , section 37ZA or section 39 above ... or section 3 of the 1999 Act is a Saturday, Sunday, Christmas Eve, Christmas Day, . . . Good Friday, bank holiday or a day appointed for public thanksgiving or mourning, the requirement shall be deemed to relate to the first day thereafter which is not one of the days specified above.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where under subsection (1) above the day of election is postponed, the day to which it is postponed shall be treated for the purposes of this Act and the Local Government Act 1972 and (in the case of an Authority election) the 1999 Act as the day of election.

(3) In computing any period of time for the purpose of any rules under section 36 or section 36A above or for the purposes of section 39 any day specified in subsection (1) shall be disregarded; but where between the giving of a notice of election and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such rules, shall not operate to invalidate any act which would have been valid apart from that provision.

This subsection, so far as it relates to any such rules, has effect subject to the provisions of those rules.

Conduct of local government elections in Scotland

Returning officers: local elections in Scotland

41

(1) Every local authority in Scotland shall appoint an officer of the authority to be the returning officer for each election of councillors for the authority, and if the person so appointed dies, resigns or is for any other reason unable to act, the authority may appoint another person to be returning officer at that election.

(2) A returning officer in Scotland appointed under this Act may by writing under his hand appoint one or more persons to discharge all or any of his functions.

(3) A local government election in Scotland is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

Local elections in Scotland

42

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.

(6) Before a poll is taken at an election for a councillor for a local government area in Scotland, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Day of ordinary local elections in Scotland, and other timing provisions

43

(1) Subject to subsection (1AA), in every year in which ordinary elections of councillors for local government areas in Scotland are held, the day on which the poll is held at an election is—

(a) the first Thursday in May; or

(b) such other day as may be fixed by the Secretary of State by order made by statutory instrument not later than 1st February in the year preceding the year or, in the case of an order affecting more than one year, the first year in which the order is to take effect.

(1A) An order made under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(1AA) The poll shall not be held on the day specified in or fixed under subsection (1) where that day is the day of the poll at an ordinary general election for membership of the Scottish Parliament.

(1AB) Where subsection (1AA) prevents the poll being held on the day specified in or fixed under subsection (1), the poll is to be held on such other day as the Scottish Ministers may by order specify.

(1AC) An order under subsection (1AB) is subject to the affirmative procedure.

(1B) Despite subsection (1) above—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if an extraordinary general election is, under section 3(2) of the Scotland Act 1998 (c. 46) (“the 1998 Act”) (which enables the holding of such an election), to be held on a day occurring within the relevant period,

the Scottish Ministers may, by order, provide that the poll at the ordinary local election to be held that year shall be held on that day;

(1C) In subsection (1B) above—

“extraordinary general election” means a general election for membership of the Scottish Parliament held under section 3 of the 1998 Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“ordinary local election” means an ordinary election of councillors for local government areas in Scotland held in accordance with section 5 of the 1994 Act and this Act;

“relevant period” means the period beginning with 11th March in a year in which an ordinary local election falls to be held and ending with the day which immediately precedes the first Thursday in May in that year,

and references to the time when a local election falls or does not fall to be held are to be construed in accordance with section 5(1C) of the 1994 Act.

(1D) An order under subsection (1B) above shall be made by statutory instrument.

(2) Where—

(a) the day or the last day on which anything is required or permitted to be done by any rules under section 42 above, or

(b) the day on which anything is required to be done under subsection (1) or (1B) above . . . or section 43A, 43B or 45(1),

is a Saturday Sunday, Christmas Eve Christmas Day, New Year’s Day, Maundy Thursday Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act or by the Local Government etc. (Scotland) Act 1994, in reckoning a number of days for the purposes of this Part of this Act in so far as it relates to the conduct of local government elections in Scotland, the days before specified shall not be excluded.

(3) Where the day on which the poll is held at an election is postponed under subsection (2) above, the day on which the election is held shall be treated as the day of poll for all purposes of this Act or that Act of 1994 relating to that election.

(4) Where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in subsection (3) above affects the validity of any act done in relation to an election before or on the date of the declaration.

Candidate's death in local election in Scotland

44

Non-election of local authority etc. in Scotland

45

(1) If in Scotland—

(a) for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act and the Local Government (Scotland) Act 1973, and the case is not otherwise provided for, or

(b) there is for any reason no legally constituted local authority for any area, or

(c) the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to that Act of 1973 (meetings and proceedings of local authorities).

the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable after that, on a date to be fixed by him.

(2) The Secretary of State may in that direction—

(a) make such provision as appears to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above; and

(b) make such incidental, consequential, transitional or supplemental provision as appears to him to be necessary or proper.

Supplemented provisions as to local government elections

Further provision as to local election voting

46

(1) At a local government election for any electoral area no person shall as an elector and no person shall as proxy for any one elector—

(a) give more than one vote for any one candidate; or

(b) give more votes in all than the total number of councillors to be elected for the electoral area in England.

(2) No person is subject to any incapacity to vote at a local government election in England by reason of his being or acting as returning officer at that election.

Loan of equipment for local elections

47

(1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament, may, on request, be lent to the returning officer at a local government election on such terms and conditions as the Electoral Commission may determine.

(2) Any ballot boxes, fittings and compartments provided by or belonging to—

(a) a local authority within the meaning of the Local Government Act 1972, or

(b) a local authority within the meaning of the Local Government (Scotland) Act 1973.

as the case may be, shall, on request, and if not required for immediate use by that authority, be lent to the returning officer at an election held under those Acts . . . on such terms and conditions as may be agreed.

Validity of local elections, and legal costs

48

(1) No local government election shall be declared invalid by reason of any act or omission of the returning officer or any other person in breach of his official duty in connection with the election or otherwise of rules under section 36 , section 36A or section 42 above if it appears to the tribunal having cognizance of the question that—

(a) the election was so conducted as to be substantially in accordance with the law as to elections; and

(b) the act or omission did not affect its result.

(2) A local government election, unless questioned by an election petition within the period fixed by law for those proceedings, shall be deemed to have been to all intents a good and valid election.

(3) The council which is required to pay the expenses properly incurred by a returning officer in relation to any local government election may treat those expenses as including all costs properly incurred by the returning officer in connection with or in contemplation of any legal proceedings arising out of the election (including any criminal proceedings against the returning officer), whether or not the proceedings are in fact instituted.

(3A) In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.

(4) In Scotland the election of a member of a local authority shall not be affected by reason only of any nullity or irregularity in the election of any other member of the authority.

Supplemental provisions as to parliamentary and local government elections

Effect of registers

49

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any entry in the register of parliamentary or local government electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of an election at which the day fixed for the poll is that or a later date.

(4A) Subsection (4) applies to an entry in the record of anonymous entries as it applies to an entry in the register of parliamentary or local government electors.

(5) A person registered as a parliamentary or local government elector, or entered in the list of proxies, shall not be excluded from voting on any of the following grounds: but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

The grounds are—

(a) that he is not of voting age;

(b) that he is not or was not at any particular time—

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland;

(iii) in the case of a person registered as a parliamentary elector in pursuance of an overseas elector’s declaration, a British citizen;

(iiia) in the case of a person registered as a local government elector in England or entered in the list of proxies by virtue of being a qualifying EU citizen or an EU citizen with retained rights, a qualifying EU citizen or an EU citizen with retained rights;

(iv) in the case of a person registered as a local government elector in Wales or entered in the list of proxies by virtue of being a relevant citizen of the Union, a relevant citizen of the Union;

(v) in the case of a person registered as a local government elector in Wales or entered in the list of proxies by virtue of being a qualifying foreign citizen, a qualifying foreign citizen,

(v) in the case of a person registered as a local government elector in Scotland or entered in the list of proxies by virtue of being a qualifying foreign national, a qualifying foreign national,

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of misdescription

50

No misnomer or inaccurate description of any person or place named—

(a) in the register of parliamentary electors, or

(b) in the register of local government electors, or

(c) in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Part of this Act, and the parliamentary elections rules,

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Corrupt and illegal practices lists

51

Discharge of registration duties

52

(1) A registration officer shall comply with any general or special directions which may be given by the Secretary of State with respect to the arrangements to be made by the registration officer for carrying out his functions under this Act.

(1A) Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify—

(a) the software which is to be used in connection with the maintenance of the registers in that form;

(b) the standards in accordance with which that software is to be maintained and updated;

(c) how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form.

(2) Any of the duties and powers of a registration officer may be performed and exercised by any deputy for the time being approved . . . , by the council which appointed the registration officer, and the provisions of this Act apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.

(3) In England and Wales, any acts authorised or required to be done by or with respect to the registration officer may, in the event of his incapacity to act or of a vacancy, be done by the proper officer of the council by or with respect to whom the registration officer was appointed.

(4) It shall be the duty—

(a) in England . . ., of a district council or London borough council,

(aa) in Wales, of a county or county borough council, and

(b) in Scotland, of every local authority,

to assign such officers to assist the registration officer as may be required for carrying out his functions under this Act.

(5) Subsection (2) above does not apply in Northern Ireland but sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer for Northern Ireland in his capacity as registration officer.

Power to make regulations as to registration etc.

53

(1) Provision may be made by regulations—

(a) with respect to the form of the register of electors and of . . . any special lists or records required by this Act in connection with the register or with any election;

(b) with respect to—

(i) the procedure to be followed in the preparation of the register and the place and manner of its publication, and

(ii) the procedure to be followed in the preparation of any such special lists or records, and the time, place and manner of their publication; ...

(ba) with respect to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections; and

(c) generally with respect to any matters incidental to the provisions of this Act so far as those provisions relate to the registration of electors or to voting by post or proxy.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Without prejudice to the generality of subsection (1) above, regulations made with respect to the matters mentioned in that subsection may contain any such provisions as are mentioned in Schedule 2 to this Act.

(4) Provision may also be made by regulations—

(a) for the supply of any such record or special list as is mentioned in subsection (1) above to such persons as are prescribed;

(b) with respect to any conditions subject to which the supply is made;

(c) making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale) for a person to fail to comply with any such condition.

(5) Before making regulations containing provision under paragraph 1A of Schedule 2, or paragraph 13(1ZB) of that Schedule so far as relating to that paragraph, the Secretary of State must consult—

(a) the Electoral Commission,

(b) the Information Commissioner, and

(6) The Secretary of State may require the Electoral Commission to—

(a) prepare a report on specified matters relating to the operation of any provision made under paragraph 1A of Schedule 2, and

(b) give the Secretary of State a copy of the report by no later than a specified date.

(7) The Secretary of State must publish a copy of the report.

(8) A registration officer ... must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under subsection (6).

(9) The power to make regulations under this section—

(a) so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister, and

(b) so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister.

(10) The power of the Scottish Ministers to make regulations by virtue of subsection (9) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

(a) the power is not exercisable without the agreement of a Minister of the Crown, and

(b) regulations made in exercise of the power are subject to the negative procedure.

(10A) The power of the Welsh Ministers to make regulations by virtue of subsection (9) is not exercisable without the agreement of a Minister of the Crown.

(10B) A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (9) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(11) In subsection (9)—

“election in Scotland” means—an election for membership of the Scottish Parliament, ora local government election in Scotland;

“election in Wales” means— an election of Assembly members, ora local government election in Wales;

“UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors.

Payment of expenses of registration

54

(1) Any expenses properly incurred by a registration officer in the performance of his functions under this Act or the Electoral Registration and Administration Act 2013 (in this Act referred to as “registration expenses”) shall (except in Northern Ireland) be paid by the local authority by whom the registration officer was appointed.

(2) The registration expenses of the Chief Electoral Officer for Northern Ireland shall be paid out of moneys provided by Parliament.

(3) Any fees paid to the registration officer under this Act—

(a) shall be accounted for by him and paid to the local authority by whom he was appointed;

(b) in the case of the Chief Electoral Officer for Northern Ireland, shall be accounted for by him to the Secretary of State and paid into the Consolidated Fund.

(4) On the request of a registration officer for an advance on account of registration expenses—

(a) the local authority by whom the registration officer was appointed may, if they think fit, make such an advance to him of such an amount and subject to such conditions as they may approve; or

(b) in the case of the Chief Electoral Officer for Northern Ireland, the Secretary of State may, if he thinks fit, make such an advance to him of such an amount and subject to such conditions as the Secretary of State may approve.

(5) Any registration expenses or contributions to them paid by the Common Council shall be paid out of the general rate and any sums paid to the Common Council under this section shall be placed to the credit of that rate.

Ascertainment of amount of registration expenses

55

Registration appeals: England and Wales

56

(1) An appeal lies to the county court—

(a) from any decision of a registration officer not to register a person following an application under section 10ZC,

(aza) from any decision of a registration officer to register a person following an application under section 10ZC in a case where an objection has been made under that section,

(azb) from any decision of a registration officer not to alter a register following an application under section 10ZD,

(azc) from any decision of a registration officer to alter a register following an application under section 10ZD in a case where an objection has been made under that section,

(azd) from any decision of a registration officer under section 10ZE, or any other provision of this Act, as a result of which a person's entitlement to remain registered terminates,

(aa) from any decision of a registration officer not to make a determination under section 10ZE(1) following an objection under section 10ZE(5)(a),

(ab) from a determination of the registration officer under section 9B(2) above,

(ac) from a determination of a registration officer not to issue—

(i) an electoral identity document following an application under section 13BD, or

(ii) an anonymous elector’s document following an application under section 13BE,

(b) from any decision under this Act of the registration officer disallowing a person’s application to vote by proxy or by post as elector or to vote by post as proxy, in any case where the application is not made for a particular election only,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but an appeal does not lie where the person desiring to appeal has not availed himself of a prescribed right to be heard by or make representations to the registration officer on the matter which is the subject of the appeal, or has not given the prescribed notice of appeal within the prescribed time.

(2) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this section.

(3) An appeal to the county court or Court of Appeal by virtue of this section which is pending when notice of an election is given shall not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4) Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this section, and the registration officer shall, in accordance with sections 13A, 13AB, 13B and 13BC above,make such alterations in the . . . register as may be required to give effect to the decision.

(4A) Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) or 13BC(3) or (6) above on or before the date of the poll, subsection (3) above does not apply to that appeal as respects that election.

(5) The registration officer shall undertake such duties in connection with appeals brought by virtue of this section as may be prescribed and shall on any such appeal be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this subsection.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration appeals: Scotland

57

(1) Section 56 above applies to Scotland subject to the following modifications—

(a) subsection (2) shall be omitted;

(b) an appeal lies on any point of law from any decision of the sheriff under this section to the court of three judges constituted under subsection (2) below; and

(2) The court for hearing appeals under paragraph (b) of subsection (1) above shall consist of three judges of the Court of Session who shall be appointed by the Court of Session by act of sederunt and of whom one judge shall be appointed from each division of the Inner House and one from the Lords Ordinary in the Outer House; and the Principal Clerk of Session shall be the clerk of the court.

(3) The Court of Session may by act of sederunt fill any vacancy in the court of three judges, and regulate its sittings and forms of process so as to carry out the provisions of this Act; and acts of sederunt under this section may be made, and the court of three judges may sit, either during the sitting of the Court of Session or in vacation or recess.

Registration appeals: Northern Ireland

58

(1) An appeal lies to the county court—

(a) from any decision under this Act of the Chief Electoral Officer for Northern Ireland on any application for registration or objection to a person's registration made to and considered by him;

(b) from any decision under this Act of the Chief Electoral Officer (other than on an application for registration or objection to a person's registration) that a person registered in respect of any address was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4;

(ba) from a determination of the Chief Electoral Officer under section 9B(2) or section 9C(1B);

(bb) from a determination of the Chief Electoral Officer not to issue an electoral identity card following an application under section 13C;

(c) from any decision under this Act of the Chief Electoral Officer disallowing a person's application to vote by proxy or by post as elector or to vote by post as proxy, in any case where the application is not made for a particular election only.

(2) But an appeal does not lie where the person desiring to appeal—

(a) has not availed himself of a prescribed right to be heard by or make representations to the Chief Electoral Officer on the matter which is the subject of the appeal, or

(b) has not given the prescribed notice of appeal within the prescribed time.

(3) An appeal to the county court or Court of Appeal by virtue of this section which is pending when notice of an election is given does not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision—

(a) is as good as if no such appeal had been brought, and

(b) is not affected by the decision of the appeal.

(4) The Chief Electoral Officer must, in accordance with sections 13A, 13BA and 13BC, make such alterations in the register as may be required to give effect to the decision.

(5) Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13BA(6) or (9) or 13BC(3) or (6) on or before the date of the poll, subsection (3) does not apply to that appeal as respects that election.

(6) The Chief Electoral Officer—

(a) must undertake such duties in connection with appeals brought by virtue of this section as may be prescribed, and

(b) on any appeal is deemed to be a party to the proceedings;

and the registration expenses payable to him include any expenses properly incurred by virtue of this subsection.

(7) Section 21(1) of the Interpretation Act (Northern Ireland) 1954 (rules regulating procedure of courts etc.) applies as if the jurisdiction conferred by subsection (1) were conferred by any enactment within the meaning of that Act.

Supplemental provisions as to members of forces and service voters

59

(1) In this Part of this Act, the expression “member of the forces”—

(a) means a person serving on full pay as a member of any of the naval, military or air forces of the Crown raised in the United Kingdom; but

(b) does not include

(i) a person serving only as a member of a reserve or auxilliary force except in so far as regulations provide that it shall include persons so serving during a period of emergency.or

(ii) a member of the regular army whose terms of service are such that, except for the purpose of training, he is required to serve only in Northern Ireland

(2) Where a person—

(a) is not a member of the forces as defined by subsection (1) above, but

(b) is, in the performance of his duty as a member of any of Her Majesty’s reserve or auxiliary forces, absent on the relevant date for the purposes of section 4 above from an address at which he has been residing,

any question arising under section 5(3) above whether his residence at that address has been interrupted on that date by his absence in the performance of that duty shall be determined as if the performance of it did not prevent his resuming actual residence at any time after that date.

(3) Arrangements must be made by the appropriate government department for securing that every person having a service qualification by virtue of paragraph (a) or (b) of section 14(1) above has (so far as circumstances permit) an effective opportunity of exercising from time to time as occasion may require the rights conferred on him by this Act in relation to—

(a) registration in a register of electors (and in particular in relation to the making and cancellation of service declarations);

(b) the making and cancellation of appointments of a proxy;

(3A) Arrangements must be made by the appropriate government department for securing that every such person receives such instructions as to the effect of this Act and any regulations made under it, and such other assistance, as may be reasonably sufficient in connection with the exercise by that person and any spouse or civil partner of that person of any rights conferred on them as mentioned above.

(3B) In subsections (3) and (3A) “the appropriate government department” means, in relation to members of the forces, the Ministry of Defence, and in relation to any other person means the government department under which he is employed in the employment giving the service qualification.

(3C) The Ministry of Defence must maintain, in relation to each member of the forces who provides information relating to his registration as an elector, a record of such information.

(3D) The Ministry of Defence must make arrangements to enable each member of the forces to update annually the information recorded under subsection (3C).

(4) In relation to persons having a service qualification by virtue of paragraph (c) of section 14(1), the British Council shall be under a corresponding obligation to that imposed by subsections (3) and (3A) above on the appropriate government department.

Offences

Personation

60

(1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

(2) A person shall be deemed to be guilty of personation at a parliamentary or local government election if he—

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b) votes in person or by post as proxy—

(i) for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii) when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force.

(3) For the purposes of this section, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences

61

(1) A person shall be guilty of an offence if—

(a) he votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector, at a parliamentary or local government election, or at parliamentary or local government elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(b) he applies for the appointment of a proxy to vote for him at any parliamentary or local government election or at parliamentary or local government elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(c) he votes, whether in person or by post, . . . ,as proxy for some other person at a parliamentary or local government election, knowing that that person is subject to a legal incapacity to vote.

For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

(1A) A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—

(a) at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors;

(b) at a parliamentary election where—

(i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

(c) at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors;

(d) at a local government election in England where—

(i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration;

(e) at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors;

(f) at parliamentary elections where—

(i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

(g) at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors;

(h) at local government elections in England, where—

(i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.

(2) A person shall be guilty of an offence if—

(a) he votes as elector otherwise than by proxy either—

(i) more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

(ii) in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

(iii) in any constituency at a general election, or in any electoral area at such an ordinary election as mentioned above, when there is in force an appointment of a person to vote as his proxy at the election in some other constituency or electoral area; or

(ab) the person votes as elector otherwise than by proxy in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

(ac) the person votes as elector otherwise than by proxy in any electoral area at an election of councillors for a local government area in Scotland when—

(i) there is in force an appointment of a person to vote as the person's proxy at the election in some other electoral area in Scotland, and

(ii) the polls for more than one local government election are held on the same day, or

(b) he votes as elector in person at a parliamentary or local government election at which he is entitled to vote by post; or

(c) he votes as elector in person at a parliamentary or local government election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

(d) . . . , he applies for a person to be appointed as his proxy to vote for him at parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(2A) In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy—

(a) more than once at the same election of the Mayor of London;

(b) more than once at the same election of the London members of the London Assembly at an ordinary election;

(c) more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;

(d) in more than one Assembly constituency at the same ordinary election; or

(e) in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency.

(3) A person shall be guilty of an offence if—

(a) he votes as proxy for the same elector either—

(i) more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

(ii) in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

(ab) the person votes as proxy for the same elector in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

(b) he votes in person as proxy for an elector at a parliamentary or local government election at which he is entitled to vote by post as proxy for that elector; or

(d) he votes in person as proxy for an elector at a parliamentary or local government election knowing that the elector has already voted in person at the election.

(3A) In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector—

(a) more than once at the same election of the Mayor of London;

(b) more than once at the same election of the London members of the London Assembly at an ordinary election;

(c) more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or

(d) in more than one Assembly constituency at the same ordinary election.

(3B) A person (“P”) is also guilty of an offence if P votes as proxy—

(a) for more than four electors—

(i) at a parliamentary election;

(ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together;

(iii) at a local government election in England;

(iv) where the polls for two or more local government elections in England are held on the same day, at those elections taken together;

(b) for more than two electors—

(i) at a parliamentary election, or

(ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration;

(i) at a local government election in England, or

(ii) where the polls for two or more local government elections in England are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.

(4) A person shall also be guilty of an offence if he votes ... at a local government election in any electoral area in Wales or Scotland as proxy for more than two persons of whom he is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(5) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge, would be, an offence by that other person under the foregoing subsections of this section.

(6) For the purposes of this section a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted (but see subsection (6ZA)), but for the purpose of determining whether an application for a ballot paper constitutes an offence under subsection (3B) or (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

(6ZA) For the purpose of determining whether an application for a ballot paper constitutes an offence under any of the multiple voting provisions, a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.

(6ZB) In subsection (6ZA), “the multiple voting provisions” means subsections (2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c).

(6A) A person is not guilty of an offence under subsection (2)(b) or (3)(b) above only by reason of his having marked a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

(6A) Where a person is alleged to have committed an offence under subsection (2)(a)(i) or (3)(a)(i) above by voting on a second or subsequent occasion at a parliamentary election, he shall not be deemed by virtue of subsection (6) above to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 40(1C) of the parliamentary elections rules.

(6B) 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—

(a) made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and

(b) which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.

(7) An offence under this section shall be an illegal practice, but—

(a) the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and

(b) a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this section of any agent of his other than an offence under subsection (5) above.

Offences as to declarations

62

(1) A person who—

(a) makes a declaration of local connection or a service declaration—

(i) when he is not authorised to do so by section 7B(1) or section 15(1) above, or

(ii) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

(iii) when he knows that it contains a statement which is false, or

(b) attests a service declaration when he knows—

(i) that he is not authorised to do so, or

(ii) that it contains a false statement as to any particulars required by regulations under section 16 above,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1A) A person who makes a declaration under section 9B(1A)(a) above—

(a) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

(b) when he knows that it contains a statement which is false,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Where the declaration is available only for local government elections the references in subsections (1) and (1A) above to a legal incapacity to vote refer to a legal incapacity to vote at local government elections.

Breach of official duty in parliamentary elections

63

(1) If a person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

(3) The persons to whom this section applies are—

(a) the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

(b) any ... registration officer, returning officer or presiding officer,

(c) any other person whose duty it is to be responsible after a parliamentary or local government election for the used ballot papers and other documents (including returns and declarations as to expenses),

(d) any official designated by a universal postal service provider, and

(e) any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by the law relating to parliamentary or local government elections or the registration of parliamentary or local government electors.

(4) Where—

(a) a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but

(b) he remedies that act or omission in full by taking steps under subsection (1) of that section,

he shall not be guilty of an offence under subsection (1) above.

(5) Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

Breach of official duty in local elections

64

Tampering with nomination papers, ballot papers etc.

65

(1) A person shall be guilty of an offence, if, at a parliamentary or local government election, he—

(a) fraudulently defaces or fraudulently destroys any nomination paper; or

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or declaration of identity or official envelope used in connection with voting by post; or

(d) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(e) fraudulently takes out of the polling station any ballot paper; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2) In Scotland, a person shall be guilty of an offence if—

(a) at a parliamentary or local government election, he forges any nomination paper, delivers to the returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper; or

(b) at a local government election, he signs any nomination paper as candidate or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or

(3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers is guilty of an offence under this section, he shall be liable—

(a) on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;

(b) on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both

(4) If any other person is guilty of an offence under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

Requirement of secrecy

66

(1) The following persons—

(a) every returning officer and every presiding officer or clerk attending at a polling station,

(b) every candidate or election agent or polling agent so attending,

(c) every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to—

(i) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

(ii) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(iii) the official mark.

(2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—

(a) ascertain or attempt to ascertain at the counting of the votes the number or other unique identifying mark on the back of any ballot paper;

(b) communicate any information obtained at the counting of the votes as to the candidate for whom any vote is given on any particular ballot paper.

(3) No person shall—

(a) interfere with or attempt to interfere with a voter when recording his vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted;

(c) communicate at any time to any person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given to a voter at that station;

(d) directly or indirectly induce a voter to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has or has not voted.

(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.

(4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not—

(a) Except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of the ballot paper sent to any person; or

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(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.

(5) No person having undertaken to assist a blind voter to vote at an election in Scotland or Wales under the local government Act shall communicate at any time to any person any information as to the candidate for whom that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given for the use of that voter.

(6) If a person acts in contravention of this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months.

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

(a) a parliamentary election, or

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

(7) In their application in relation to an election of the London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect with the insertion, after the words “the candidate for whom”, in each place where they occur, of “, or the registered political party towards the return of whose candidates,”.

(8) In relation to an election of the London members of the London Assembly at an ordinary election, any reference in this section to the return of a registered political party’s candidates is a reference to the return of candidates included in the list of candidates submitted by the registered political party for the purposes of the election.

Part II — The Election Campaign

The Election agent

Appointment of election agent

67

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