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

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

(a) rejected, or

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

(10) The persons are—

(a) the person whose ballot paper it is;

(b) where that person is a proxy—

(i) that person, and

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

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

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

(b) a postal voting document being handed in.

(12) In this paragraph—

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

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

“relevant election” means—a parliamentary election in England and Wales or Scotland, ora local government election in England;

“relevant officer” means—where a postal voting document is handed in at a polling station—the person presiding at the polling station, ora clerk at the polling station;where a postal voting document is handed in to the returning officer—that officer, ora person acting under the authority of that officer.

12ZB

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

(2) Provision—

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

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

(3) Provision requiring the returning officer—

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

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

(4) In sub-paragraph (3)—

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

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

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

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

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

(b) storage of those documents;

(7) The documents are—

(a) a postal voting document that is rejected;

(b) a postal voting document that—

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

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

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

(a) rejected, or

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

(9) The persons are—

(a) the person whose ballot paper it is;

(b) where that person is a proxy—

(i) that person, and

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

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

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

(b) a postal voting document being handed in.

(11) In this paragraph—

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

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

Undue influence

114A

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

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

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

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

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

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

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

(4) The following activities fall within this subsection—

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

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

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

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

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

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

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

(a) by P,

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

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

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

Meaning of “qualifying EU citizen”

203A

(1) In this Act “qualifying EU citizen” means a person who—

(a) is a citizen of a country for the time being listed in Schedule 6A, and

(b) either—

(i) does not require leave under the Immigration Act 1971 to enter or remain in the United Kingdom or any of the Islands, or

(ii) does require such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.

(2) The Secretary of State must by regulations add a country to the list in Schedule 6A where—

(a) the country is a qualifying country,

(b) the United Kingdom and the country intend to become parties to a relevant treaty, and

(c) section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.

(3) The Secretary of State may by regulations remove a country from the list in Schedule 6A where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.

(4) The Secretary of State must, as soon as reasonably practicable after regulations are made under subsection (2) or (3), give notice of that fact to—

(a) registration officers in England,

(b) registration officers for elections of police and crime commissioners for police areas in Wales,

(d) the Electoral Commission.

(5) In this section—

“the Islands” means the Channel Islands and the Isle of Man;

“qualifying country” means a country—that was a member State immediately before IP completion day, other than the Republic of Ireland,that was part of a member State immediately before IP completion day, other than the Republic of Ireland, orthat is formed entirely of two or more former countries, both or all of which were member States immediately before IP completion day, other than the Republic of Ireland;

“ratification”, in relation to a treaty, is to be construed in accordance with section 25(3) of the Constitutional Reform and Governance Act 2010;

“relevant treaty” means a treaty containing provision relating to eligibility to vote and to stand as a candidate at elections;

“treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).

Meaning of “EU citizen with retained rights”

203B

(1) In this Act “EU citizen with retained rights” means a person who—

(a) is a citizen of a country falling within subsection (8),

(b) was a citizen of the Union immediately before IP completion day,

(d) falls within any of subsections (2) to (4), and

(e) is not a qualifying EU citizen.

(2) A person falls within this subsection if the person—

(a) has UK or Islands leave granted by virtue of residence scheme immigration rules, and

(b) has such leave otherwise than in accordance with provision in residence scheme immigration rules for joining family members.

(3) A person falls within this subsection if—

(a) the person has UK or Islands leave but does not fall within subsection (2), and

(b) the requirements of subsection (5) are met in relation to the person.

(4) A person falls within this subsection if—

(a) the person does not require UK or Islands leave,

(b) the person is resident in the United Kingdom or any of the Islands, and

(5) The requirements referred to in subsections (3)(b) and (4)(c) are that—

(a) at all times since the relevant date, the person has either had UK or Islands leave or not required UK or Islands leave, and

(b) the person was resident in the United Kingdom or any of the Islands at all times after the relevant date when the person did not require UK or Islands leave.

(6) In determining whether the requirement in subsection (5)(a) is met in relation to a person, any period to which subsection (7) applies is to be disregarded if the person was resident in the United Kingdom or any of the Islands during the period.

(7) This subsection applies to any period after the relevant date during which the person required UK or Islands leave but did not have it, if at the end of the period the person was granted UK or Islands leave—

(a) in pursuance of an application made before the end of the relevant date, or

(b) in pursuance of an application made after the relevant date, where the leave was granted—

(i) by virtue of residence scheme immigration rules, and

(ii) otherwise than in accordance with provision in such rules for joining family members.

(8) A country falls within this subsection where the country—

(a) was a member State immediately before IP completion day, other than the Republic of Ireland,

(b) was part of a member State immediately before IP completion day, other than the Republic of Ireland, or

(c) is formed of two or more former countries, at least one of which was a member State immediately before IP completion day, other than the Republic of Ireland.

(9) In this section a reference to a person having UK or Islands leave includes a reference to a person who is, by virtue of any enactment, to be treated as having such leave.

(10) In this section—

“the 1971 Act” means the Immigration Act 1971;

“the Islands” means the Channel Islands and the Isle of Man;

“the relevant date” means 30 June 2021;

“immigration rules” has the same meaning as in the 1971 Act;

“residence scheme immigration rules” means—residence scheme immigration rules within the meaning of Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17(1) of that Act),Appendix EU to the Guernsey immigration rules,Appendix EU to the Isle of Man immigration rules, orAppendix EU(J) to the Jersey immigration rules;

“UK or Islands leave” means leave under the 1971 Act to enter or remain in the United Kingdom or any of the Islands.

(11) In this section—

“Guernsey immigration rules” means the rules made in respect of the Bailiwick of Guernsey under sections 1(4) and 3(2) of the 1971 Act as extended to that Bailiwick;

“Isle of Man immigration rules” means the rules made in respect of the Isle of Man under section 3(2) of the 1971 Act as extended to the Isle of Man;

“Jersey immigration rules” means the rules contained in the directions made in respect of the Bailiwick of Jersey under sections 1(4A) and 3(2) of the 1971 Act as extended to that Bailiwick.

(12) References in this section to provision in residence scheme immigration rules for joining family members are references to—

(a) paragraph EU11A or EU14A of Appendix EU to the immigration rules or provision replacing either of those paragraphs, or

(b) provision corresponding to provision within paragraph (a) in the Guernsey immigration rules, the Isle of Man immigration rules or the Jersey immigration rules.

Schedule 6A

1

Luxembourg.

2

Poland.

3

Portugal.

4

Spain.

112A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) In this section—

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

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

“relevant election” means—a parliamentary election, ora local government election in England.

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

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

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

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

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

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

Destruction of date of birth lists: Northern Ireland

53B

The Chief Electoral Officer for Northern Ireland must destroy the lists provided to the polling station under rule 29(3)(f)—

(a) on the next working day following the 21st day after the Chief Electoral Officer has returned the name of the member elected, or

(b) if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.

13A

... The protection of persons or property, to the extent that the expenses are reasonably incurred and are reasonably attributable to the protection of persons or property.

62C

(1) A person who—

(a) is with another person at a polling booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(2) A person who—

(a) is near a polling booth when another person is at that booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(3) For the purposes of this section—

(a) a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;

(b) assisting a person with voting, in accordance with rule 39 of Schedule 1 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;

(4) A person who commits an offence under this section is liable on summary conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;

(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

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

5

Denmark

7B

In respect of a local government election in Wales, a matter in respect of which expenses are paid or reimbursed in accordance with the financial assistance scheme established by the Welsh Elections Financial Assistance Scheme (Disabled Candidates) Regulations 2025 (S.I. 2025/897 (W. 157)) (to the extent that the matter does not fall within paragraph 7A).

43A

(1) Despite section 43(1), if the convener of the Electoral Management Board for Scotland considers it necessary or appropriate for any reason to do so, the convener may fix another day for the holding of the poll at the ordinary local election which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.

(2) Before fixing a day under subsection (1), the convener must consult—

(a) the Electoral Commission,

(b) the Scottish Ministers, and

(3) As soon as reasonably practicable after fixing a day under subsection (1), the convener must publish, in such manner as the convener considers appropriate, a statement setting out—

(a) the day fixed for the holding of the poll, and

(b) the reasons for the exercise of the power.

(4) Where a day for the holding of the poll at the ordinary local election is specified by order under section 43(1)(b), (1AB) or (1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order.

(5) In this section and section 43B, “ordinary local election” has the meaning given in section 43(1C).

43B

(1) Despite section 43(1), if the returning officer for a local government area considers it necessary or appropriate for any reason to do so, the returning officer may fix another day for the holding of the poll at the ordinary local election for the election of councillors of that area which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.

(2) Before fixing a day under subsection (1), the returning officer must consult—

(a) the Secretary of State,

(b) the Electoral Commission, and

(3) As soon as reasonably practicable after fixing a day under subsection (1), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) the day fixed for the holding of the poll, and

(b) the reasons for the exercise of the power.

(4) Where a day for the holding of the poll at the ordinary local election is—

(a) specified by order under section 43(1)(b), (1AB) or (1B), or

(b) fixed by the convener of the Electoral Management Board for Scotland under section 43A(1),

subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order or (as the case may be) the day fixed by the convener.

5ZB

(1) Provision about the use of the UK digital service in relation to relevant devolved absent voting applications.

(2) Provision made under sub-paragraph (1) may include provision—

(a) conferring functions on a Minister of the Crown to enable relevant devolved absent voting applications to be submitted through the UK digital service;

(b) where such applications are, or are to be, so submitted—

(i) authorising a Minister of the Crown, in prescribed circumstances, to complete applications in part for people;

(ii) about how any requirement for an applicant to provide a signature in connection with an application may be satisfied;

(d) about the disclosure of prescribed information or evidence in connection with a relevant devolved absent voting application in relation to which the UK digital service is, or is to be, used.

(3) Except as provided by sub-paragraph (4), the disclosure or other processing of information in accordance with provision made under this paragraph does not breach—

(a) any obligation of confidence owed by the person processing the information;

(b) any other restriction on the processing of information (however imposed).

(4) Provision made under this paragraph does not require or authorise the disclosure or other processing of personal data that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or the powers conferred by such provision).

(5) Regulations under this paragraph may, in connection with provision under sub-paragraph (1), include transitional provision under section 201(3) which makes provision for, or in connection with, the expiry of some or all devolved election proxy appointments.

(6) In this paragraph—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);

“devolved election proxy appointment” means the appointment of a person as a proxy to vote for another person at local government elections in Wales or Scotland, where the appointment was made before a date specified in the regulations on an application under paragraph 6(7) of Schedule 4 to the Representation of the People Act 2000;

“personal data” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3(2) and (4) of that Act);

“relevant devolved absent voting application” means an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000 in relation to a local government election, or local government elections, in Scotland or Wales;

“the UK digital service” has the meaning given by paragraph 3ZA(7), and a reference to a relevant devolved absent voting application submitted through the UK digital service is a reference to such an application submitted using that service as an intermediary.

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