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

(dc) in the case of an election held in Northern Ireland, the lists provided to the polling station under rule 29(3)(f),

(e) . . . the certificates as to employment on duty on the day of the poll,

(f) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 41A, and the declarations made by the companions of voters with disabilities,

and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.

(2) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets shall be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

(4) This rule applies in relation to Northern Ireland as if—

(a) the reference in paragraph (1)(d) to the marked copies of the register of electors included any marked copy notices issued under section 13BA(9), and

(b) paragraph (1)(f) referred to the list maintained under rule 41B.

COUNTING OF VOTES

44

(1) The returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.

(2) No person other than—

(a) the returning officer and his clerks,

(b) the candidates and one other person chosen by each of them,

(d) the counting agents,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless he—

(a) is satisfied that the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

(5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

(6) In making arrangements under this rule, the returning officer shall have regard to the duty imposed on him by rule 45(3A) below.

45

(1) The returning officer shall—

(a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;

(b) in the presence of the election agents verify each ballot paper account; and

(1A) The returning officer shall not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(1B) A postal ballot paper shall not, in England, Wales or Scotland, be taken to be duly returned unless—

(a) it is returned in the prescribed manner and reaches the returning officer or a polling station in the constituency before the close of the poll, . . .

(b) the postal voting statement, duly signed . . . is also returned in the prescribed manner and reaches him or such a polling station before that time.

(d) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed, the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be) and

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

(1C) A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (1B) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

(2) A postal ballot paper shall not , in Northern Ireland, be deemed to be duly returned unless

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

(b) in the case of an elector, that declaration of identity states the date of birth of the elector and the returning officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act and

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

(2A) In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of this Act or section 6(1ZA) or 7(1ZA) of the Representation of the People Act 1985 applies, the declaration of identity referred to in paragraph (2) shall be taken not to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature pursuant to section 6(1)(bb) or (bba)(i) or 7(1)(bb) or (bba)(i) of the Representation of the People Act 1985.

(3) The returning officer shall not count any tendered ballot paper or any tendered postal ballot paper.

(3A) The returning officer shall take reasonable steps to begin counting the votes given on the ballot papers as soon as practicable within the period of four hours starting with the close of the poll.

(4) The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(5) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list and tendered postal votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list and tendered postal votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

(6) The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 7 in the evening and 9 on the following morning.

For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.

(7) During the time so excluded the returning officer shall—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

(b) otherwise take proper precautions for the security of the papers and documents.

(8) The Electoral Commission shall issue guidance to returning officers on the duty imposed by paragraph (3A) above.

46

(1) A candidate or his election agent may, if present when the counting or any recount of the votes is completed, require the returning officer to have the votes recounted or again recounted but the returning officer may refuse to do so if in his opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any recount of votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

47

(1) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which votes are given for more than one candidate, or

(c) on which anything is written or marked by which the voter can be identified except the printed number on the back, or

(d) which is unmarked or void for uncertainty,

shall, subject to the provisions of the next following paragraph, be void and not counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a cross, or

shall not for such reason be deemed to be void if an intention that the vote shall be for one or other of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

(3) The returning officer shall endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if an objection is made by a counting agent to his decision.

(4) The returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of—

(a) want of official mark;

(b) voting for more than one candidate;

(d) unmarked or void for uncertainty.

48

The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

49

Where, after the counting of the votes (including any recount) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

Part IV — Final Proceedings in Contested and Uncontested Elections

Declaration of result

50

(1) In a contested election, when the result of the poll has been ascertained, the returning officer shall forthwith—

(a) declare to be elected the candidate to whom the majority of votes has been given;

(b) return his name to the Clerk of the Crown; and

(c) give public notice of his name and of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(2) In an uncontested election, the statement of persons nominated, in addition to showing the person standing nominated, shall also declare that person elected, and the returning officer shall forthwith return his name to the Clerk of the Crown.

Return to the writ

51

(1) The returning officer shall return the name of the member elected by endorsing on the writ a certificate in the form in the Appendix.

(2) Any rule of law or enactment as to the effect of, or manner of dealing with, the return of a member to serve in Parliament applies to the certificate.

(3) The returning officer may, on receiving a receipt, deliver the writ with the certificate endorsed on it to an official designated for that purpose by a universal postal service provider who is providing a universal postal service (within the meaning of Part 3 of the Postal Services Act 2011) for the area in which the election is being held or to his deputy, provided that the official or deputy is at that time within the area concerned..

(4) The designated official or his deputy shall send the writ so endorsed by the first post, free of charge, under cover to the Clerk of the Crown with the words “Election Writ and Return” endorsed on it.

(5) Any reference in the foregoing provisions of this Part of these rules to the Clerk of the Crown shall be taken, in relation to an election for a constituency in Northern Ireland, as a reference to the Clerk of the Crown for Northern Ireland, but any writ returned to the Clerk of the Crown for Northern Ireland shall be transmitted by him to the Clerk of the Crown in England and the return shall be certified to the House of Commons in the same manner as returns for elections for constituencies in Great Britain.

(6) A copy of each writ returned to the Clerk of the Crown for Northern Ireland and of the certificate endorsed on it shall be attested by the Secretary of State, shall be kept in the office of the Clerk of the Crown for Northern Ireland and may be given in evidence if the originals are lost.

Record of returns at Crown Office

52

(1) The Clerk of the Crown shall from the certificate on each writ returned to him enter the name of the member returned in a book to be kept by him at the Crown Office.

(2) The Clerk of the Crown shall also enter in the book any alteration or amendment made by him in the certificate endorsed on any writ.

(3) The book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, take copies from the book.

Return or forfeiture of candidate’s deposit

53

(1) The deposit made under rule 9 of these rules shall either be returned to the person making it or his personal representatives or be forfeited to Her Majesty.

(2) Except in the cases mentioned below in this rule, the deposit shall be returned not later than the next day after that on which the result of the election is declared.

(2A) For the purposes of paragraph (2) above—

(a) a day shall be disregarded if it would be disregarded under rule 2 above in computing any period of time for the purposes of the timetable for an election of the kind in question; and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(3) If the candidate is not shown as standing nominated in the statement of persons nominated, or if the poll is countermanded or abandoned by reason of his death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(4) Subject to paragraph (3) above the deposit shall be forfeited if a poll is taken and, after the counting of the votes by the returning officer (including any recount) is completed, the candidate is found not to have polled more than one twentieth of the total number of votes polled by all the candidates.

(5) Notwithstanding anything in paragraphs (2) to (4) above, if at a general election a candidate is shown as standing nominated in more than one constituency in the statements of persons nominated, not more than one of the deposits shall be returned and, if necessary, the Treasury shall direct which it is to be.

Part V — Disposal of Documents

Sealing up of ballot papers

54

(1) On the completion of the counting at a contested election the returning officer shall seal up in separate packets the counted and rejected ballot papers.

(2) The returning officer shall not open the sealed packets of—

(a) tendered ballot papers,

(aa) tendered postal ballot papers,

(b) the completed corresponding number lists,

(ba) in the case of an election held in England and Wales or Scotland, the completed ballot paper refusal list,

(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.

(3) This rule applies in relation to Northern Ireland as if the reference in paragraph (2)(d) to section 13B(3B) or (3D) were a reference to section 13BA(9).

Delivery of documents to Clerk of the Crown

55

(1) The returning officer shall then forward to the relevant registration officer the following documents—

(a) the packets of ballot papers in his possession,

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c) the tendered votes lists, the tendered postal votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 41A, and the declarations made by the companions of voters with disabilities,

(ca) the packets of the completed corresponding number lists,

(cb) in the case of an election held in England and Wales or Scotland, the packet containing the completed ballot paper refusal list,

(d) the packets of . . . certificates as to employment on duty on the day of the poll,

(e) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and of the postal voters list, of lists of proxies and of the proxy postal voters list ,

(f) such other documents relating to elections as are prescribed,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the constituency for which the election was held.

(1A) In this rule and in rules 56 and 57 references to the relevant registration officer are to—

(a) the registration officer of the local authority in whose area the constituency is situated, or

(b) if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered.

(1B) Paragraph (1)(e) does not apply to an election for a constituency in Northern Ireland, but the returning officer shall endorse on each packet containing—

(a) marked copies of the registers,

(b) the postal voters list,

(d) lists of proxies,

a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held.

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

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

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

(5) This rule applies in relation to Northern Ireland as if—

(a) paragraph (1)(c) included a reference to the lists maintained under rule 41B, and

(b) the reference in paragraph (1B)(a) to marked copies of the registers included any marked copy notices issued under section 13BA(9).

Orders for production of documents

56

(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer , or

(b) for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in his custody,

may be made—

(i) by the House of Commons; or

(ii) if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition, by the High Court or the county court.

(1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to an election in England and Wales or Scotland.

(2) An order for the opening of a sealed packet of the completed corresponding number lists or of certificates or for the inspection of any counted ballot papers in the relevant registration officer's custody may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(d) production or opening,

as the House of Commons or court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the High Court from any order of the county court under this rule.

(5) Any power given under this rule—

(a) to the High Court or, except in Northern Ireland, to the county court, may be exercised by any judge of the court otherwise than in open court; and

(b) in Northern Ireland to a county court, may be exercised in such manner as may be provided by rules of court.

(6) Where an order is made for the production by the relevant registration officer of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).

(8) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or to open any sealed packets of the completed corresponding number lists or of certificates.

Retention and public inspection of documents

57

(1) The relevant registration officer shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons , the High Court, the Crown Court or a magistrates' court , shall cause them to be destroyed.

(2) The documents mentioned in paragraphs (1) and (1A) except—

(a) ballot papers,

(b) the completed corresponding number lists,

(ba) in the case of an election held in England and Wales or Scotland, the completed ballot paper refusal list,

shall be open to public inspection.

(3) The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.

(4) Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—

(a) a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;

(b) a person who was a candidate at the election in relation to the constituency for which he was a candidate.

(5) Regulations may impose conditions in relation to—

(a) the inspection of any document in pursuance of paragraph (2);

(b) the supply of any document or part of a document in pursuance of paragraph (3);

(6) Regulations may also make provision—

(a) as to the form in which any such document or part is supplied;

(b) for the payment of a fee in respect of the supply of a document or part.

(7) Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—

(a) whether a person may take any copy of a document he is permitted to inspect;

(b) the manner in which any such copy is to be taken;

(c) the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.

(8) Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—

(a) supply that document or part to any other person;

(b) disclose to any other person any information contained in the document or part;

(9) Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—

(a) which was supplied to another person in pursuance of paragraph (4), or

(b) otherwise than in accordance with regulations under this section.

Disposal of documents in Scotland

58

(1) This rule modifies rules 55 to 57 in relation to elections in Scotland.

(2) In relation to such elections—

(a) the documents mentioned in rule 55(1)—

(i) are not to be forwarded by the returning officer as required by that rule,

(ii) instead, are to remain in the returning officer's custody (and be endorsed by the officer as required by that rule);

(b) the references in rules 56 and 57 to the relevant registration officer are to be read as references to the returning officer (and rule 55(1A) is to be disregarded);

(ba) the references in rule 56A to a registration officer are to be read as references to the returning officer;

(c) the reference in rule 57(1) to the documents to be retained is to be read as a reference to the documents remaining in the returning officer's custody under sub-paragraph (a)(ii).

Disposal of documents in Northern Ireland

59

In the application of rules 55 to 57 to elections for a constituency in Northern Ireland, the references to the relevant registration officer shall be taken to be references to the Clerk of the Crown for Northern Ireland.

Part VI — Death of Candidate

Countermand or abandonment of poll on death of candidate

60

(1) This rule applies if at a contested election proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died.

(2) Subject to this rule and rules 61 and 62, these rules apply to the election as if the candidate had not died.

(3) The following provisions of these rules do not apply in relation to the deceased candidate—

(a) rule 32(1)(c) and (d) (admission to polling station);

(b) rule 44(2)(b) to (d) (attendance at count);

(4) If only two persons are shown as standing nominated in the statement of persons nominated the returning officer must—

(a) if polling has not begun, countermand the notice of poll;

(b) if polling has begun, direct that the poll is abandoned;

(5) For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6A(1) or (1B).

SCHEDULE 2

1

(1) Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly situated in a district, Welsh county or county borough or London borough.

(2) Provisions authorising or requiring a registration officer to require persons to give information required for the purpose of his registration duties or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered.

(2A) Provision made under sub-paragraph (2) authorising or requiring a registration officer ... to—

(a) require a person who has made an application under section 10ZC , 10ZD, 13BD, 13BE or 13C to provide evidence that he or she is the person named in the application, or

(b) require a person who has made an application under section 10ZC or 10ZD, or any person who has an entry in a register, to provide evidence for the purpose of enabling the officer to determine whether a person is entitled to be registered in a register maintained by the officer,

must specify the kind of evidence that a person may be required to provide (for examples, see paragraphs 3ZA(5) and 3A(6)).

(2B) Provision of the kind mentioned in sub-paragraph (2A) may authorise or require the registration officer to require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description).

(3) Provisions authorising a registration officer, where—

(a) he has by virtue of regulations under sub-paragraph (2) required any person registered in one of his registers to give him information, or to make any declaration, for the purpose of enabling him to determine whether the person is entitled to be so registered or to determine whether the person is the person who made the application under section 10ZC or 10ZD, and

(b) the person has not within the prescribed period complied with that requirement in a manner which the officer considers satisfactory (or at all),

to remove the person’s entry from the register.

(4) Provisions authorising a registration officer to inspect, for the purpose of his registration duties, records kept (in whatever form) by—

(a) any local or public authority of any prescribed description, or

(b) any person providing services to, or authorised to exercise any function of, any such authority,

and to make copies of information contained in such records.

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

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

(5) Provisions made under sub-paragraph (4) ... above shall have effect despite any statutory or other restriction on the disclosure of information.

(5A) References in this paragraph to a registration officer’s registration duties include references to—

(a) in the case of a registration officer in Great Britain, the officer’s functions—

(i) under sections 13BD and 13BE, and

(ii) in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000 ...;

(b) in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions—

(i) under section 13C, and

(ii) in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.

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

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

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

2

Provisions imposing on registration officers the duty of requiring persons to give information required for the purpose of the officer’s duty under section 3(1) of the Juries Act 1974.

3

Provisions laying down a timetable for the preparation of the register and other matters, and providing that notices and other documents received by the registration officer out of time may be or shall be disregarded either altogether or for the purposes of a particular register or election.

4

(2) Provisions as to the manner in which overseas electors’ declarations and applications from persons making such declarations, are to be transmitted to the registration officer.

(3) Provision as to the manner in which renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985) are to be transmitted to the registration officer.

5

(1) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person’s service declaration having ceased to be in force.

(1A) Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency.

(1AA) The provision that may be made under sub-paragraph (1A) includes provision authorising a registration officer, despite provision contained in regulations made by virtue of that sub-paragraph—

(a) to require such other kind of evidence as the officer considers appropriate, or

(b) to deem such other kind of evidence as the officer considers appropriate to be sufficient or conclusive evidence.

(1B) Provisions as to the evidence which shall or may be deemed sufficient or conclusive evidence that a person's safety would be at risk as mentioned in section 9B(10) of this Act.

(2) Provisions as to the evidence of age or nationality which may be required by the Chief Electoral Officer for Northern Ireland in connection with a person’s registration otherwise than as a service voter or with his appointment as a proxy.

(3) Provisions requiring any fee payable in connection with the making for the purpose of the regulations of any statutory declaration to be paid by the registration officer.

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

6

Provisions as to the cases in which an application or objection may be determined by the registration officer without a hearing, and as to a person’s right in any such cases to make written representations to him.

7

Provisions authorising a registration officer to require any person’s evidence at a hearing before him to be given on oath and to administer oaths for the purpose.

8

Provisions requiring the registration officer to prepare a special list of those persons entitled to be registered whose addresses are not required to be shown in the register or of any class of such persons, showing the addresses of the person concerned.

9

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

10

(1) Provisions requiring a registration officer to prepare, in addition to the version of the register which he is required to prepare by virtue of the other provisions of this Act (“the full register”), a version of the register which omits the names and addresses of registered electors by or on behalf of whom requests have been made to have their names and addresses excluded from that version of it (“the edited register”).

(1A) The edited version shall also omit anonymous entries.

(2) Provisions specifying a form of words to be used by a registration officer for the purpose of—

(a) explaining to persons registered or applying to be registered, or persons acting on behalf of such persons, the purposes for which the full register and the edited register may each be used, and

(b) ascertaining whether the exclusion of their names and addresses from the edited register is requested by or on behalf of such persons.

11

(1) Provisions imposing prohibitions or restrictions relating to the extent (if any) to which—

(a) persons inspecting the full register in accordance with regulations made in pursuance of paragraph 10A above may make copies of the register;

(b) persons to whom copies of the full register are supplied (whether in accordance with regulations made in pursuance of paragraph 10B above or in accordance with any other provision made by or under an Act) may—

(i) supply those copies, or otherwise disclose any information contained in them, to other persons, or

(ii) make use of any such information otherwise than for any purposes specified in such regulations or (as the case may be) for which the copies have been supplied in accordance with any such provision.

(2) Provisions imposing, in relation to persons—

(a) to whom copies of the full register have been supplied, or information contained in such copies has been disclosed, in accordance with regulations made in pursuance of this paragraph, or

(b) who otherwise have access to such copies or information,

prohibitions or restrictions corresponding to those which may be imposed by virtue of sub-paragraph (1) above.

(3) Provisions imposing, in relation to persons involved in the preparation of the full register, prohibitions with respect to supplying copies of the full register and disclosing information contained in it.

(4) In this paragraph any reference to the full register includes a reference to any part of it.

12

Provisions as to the arrangements to be made in relation to the issue and receipt of, and for subsequently dealing with, ballot papers for postal voting, including provisions—

(a) authorising replacement ballot papers to be issued in any prescribed circumstances;

(aa) authorising the cancellation or removal of ballot papers in any prescribed circumstances;

(b) as to the proceedings in connection with the issue and receipt of ballot papers and, in particular—

(i) the persons who are to be entitled, or may be allowed, to attend, and

(ii) the rights and obligations of persons attending;

(c) as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.

13

(1) Provisions making it an offence (punishable on summary conviction by a fine not exceeding level 3 on the standard scale) for a person—

(a) to have failed to comply with, or given false information in pursuance of, any such requisition of the registration officer as is mentioned in paragraph 1 or paragrapn 2 above.

(b) to have, without lawful authority, destroyed, mutilated, defaced or removed any notice published by the registration officer in connection with his registration duties, or any copies of a document which have been made available for inspection in pursuance of those duties.

(1ZZA) References in sub-paragraph (1)(b) to a registration officer’s registration duties include references to—

(a) in the case of a registration officer in Great Britain, the officer’s functions—

(i) under sections 13BD and 13BE, and

(ii) in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales;

(b) in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions—

(i) under section 13C, and

(ii) in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.

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

(1ZB) Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made under paragraph 1A(3)(e) or (f) or 8C.

(1ZC) Provision made under sub-paragraph (1ZB) creating an offence may not—

(a) provide for the offence to be punishable on conviction on indictment by imprisonment for a term exceeding two years;

(b) provide for the offence to be punishable on summary conviction by imprisonment for a term exceeding the relevant maximum;

(c) provide for the offence to be punishable on summary conviction by a fine exceeding the statutory maximum or level 5 on the standard scale (as appropriate).

(1ZD) In sub-paragraph (1ZC)(b) “the relevant maximum”—

(a) in relation to an offence triable either on indictment or summarily, means—

(i) in ... Scotland, 12 months, and

(ii) in Northern Ireland, 6 months and

(iii) in England and Wales, the general limit in a magistrates’ court.

(b) in relation to an offence triable only summarily, means—

(i) in England and Wales, 51 weeks, and

(ii) in Scotland or Northern Ireland, 6 months.

(1A) Provisions making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale)—

(a) for a person to contravene any regulations made in pursuance of paragraph 11 above or to do so in any prescribed circumstances, or

(b) where such a contravention has occurred on the part of a person in the employment, or otherwise under the direction or control, of a company or other organisation, for—

(i) a director of the company, or

(ii) a person concerned with the management of the organisation,

to have failed to take such steps as it was reasonable for him to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of such contraventions on the part of such persons.

(2) Any other provisions incidental or supplemental to those mentioned in the foregoing paragraphs of this Schedule.

SCHEDULE 3

SCHEDULE 4

1

(1) Any claim against any person in respect of any election expenses incurred by or on behalf of a candidate which is not sent in within 14 days after the day of election shall be barred and not paid, and all election expenses incurred as mentioned above shall be paid within 21 days after the day of election and not otherwise.

(2) If any person makes a payment in contravention of this paragraph he shall be guilty of an illegal practice, but a candidate shall not be liable, nor shall his election be avoided, for any illegal practice committed under this subparagraph without his consent or connivance.

2

Every agent of a candidate at the election shall, within 23 days after the day of election, make a true return to the candidate in writing of all election expenses incurred by the agent and if he fails so to do he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

Within 28 days after the day of election every candidate shall deliver to the proper officer of the authority for which the election is held a return of all election expenses incurred by the candidate or his agents vouched (except in the case of sums under £10) by bills stating the particulars and receipts and accompanied by a declaration by the candidate as to election expenses.

4

(1) After the expiry of the time for making the return and declaration, the candidate, if elected, shall not, until he has made the return and declaration or until the date of the allowance of any authorised excuse under paragraph 7 below, sit or vote in the council and if he does so—

(a) he shall forfeit £50 for every day on which he so sits or votes; or

(b) instead of civil proceedings for a penalty, proceedings may be instituted in a magistrates’ court, and he shall be liable on conviction to a fine of an amount not exceeding the amount of the penalty which would be recoverable in civil proceedings.

(2) Civil proceedings for a penalty under this paragraph shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.

(3) For the purposes of sub-paragraph (2) above the issue of a writ or other process shall be deemed to be a commencement of a proceeding, where the service or execution of the same on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, but save as mentioned above the service or execution of the same on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.

5

If the candidate fails to make that return and declaration he shall be guilty of an illegal practice, and, if he knowingly makes that declaration falsely, he shall be guilty of a corrupt practice.

6

The High Court, an election court or the county court may, on application either of the candidate or a creditor, allow any claim to be sent in and any expense to be paid after the time limited by this Schedule, and a return of any sum so paid shall forthwith after payment be sent to the proper officer of the authority.

7

(1) If the candidate applies to the High Court, an election court or the county court and shows that the failure to make that return and declaration or either of them or any error or false statement in them has arisen by reason of—

(a) his illness or absence, or

(b) the absence, death, illness or misconduct of any agent, clerk or officer, or

and not by reason of any want of good faith on the applicant’s part, the court may—

(i) after such notice of the application as it considers fit, and

(ii) on production of such evidence of the grounds stated in the application, and of the applicant’s good faith, and otherwise, as it considers fit,

make such order allowing the authorised excuse for the failure, error or false statement as it considers just.

(2) The order may make the allowance conditional upon compliance with such terms as to the court seem best calculated for carrying into effect the objects of this Schedule, and the order shall relieve the applicant from any liability or consequence under this Act in respect of the matters excused by the order.

(3) The date of the order, or, if conditions and terms are to be complied with, the date on which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse.

8

(1) The return and declaration shall be kept at the office of the proper officer of the authority and shall at all reasonable times during the twelve months next after they are received by him be open to inspection by any person on payment of the prescribed fee and the proper officer shall, on demand, provide copies of them, or of any part of them, at the prescribed price.

(2) After the expiry of twelve months the proper officer of the authority may cause the return and declaration to be destroyed or, if the candidate so requires, shall return them to him.

9

For the purposes of this Schedule—

(a) the jurisdiction vested by paragraph 7 in the county court may be exercised otherwise than in open court; and

(b) an appeal lies to the High Court from any order of the county court made by virtue of that paragraph.

SCHEDULE 5

1

(1) Any arrangements for the use of a room in school premises shall be made with the local authority maintaining the school or, in the case of a room in the premises of a foundation or voluntary aided school, with the governing body of the school.

(2) Any question as to the rooms in the school premises which a candidate in any constituency is entitled to use, or as to the times at which he is entitled to use them, or as to the notice which is reasonable, shall be determined by the Secretary of State.

2

(1) Every local education authority shall prepare and revise for their area lists of the rooms in school premises which candidates in any constituency are entitled to use.

(2) The list shall include the rooms in premises outside, as well as those in premises in, the constituency.

3

(1) Every district in the London borough council and every Welsh county and county borough council shall prepare and revise for their area lists of the meeting rooms which candidates in any constituency are entitled to use.

(2) The list shall indicate the person to whom applications for the use of the room are to be made in each case.

(3) The list shall not include any room if the person maintaining it disputes the right of candidates in the constituency to use it.

4

The lists of rooms in school premises and of meeting rooms prepared for each constituency shall be kept by the registration officer, and those lists and particulars of any change made on their revision shall (where necessary) be forwarded to him accordingly.

5

In the event of a dissolution, or of a vacancy occurring in the seat for the constituency, any person stating himself to be, or to be authorised by, a candidate or his election agent shall be entitled at all reasonable hours to inspect those lists or a copy of them.

6

In the application of this Schedule to Scotland—

(a) for the reference in paragraph 1(1) to a local authority substitute a reference to an education authority;

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subparagraph (1) of paragraph 2, subparagraph (1) of paragraph 3 and paragraph 4 do not apply, and it is the duty of the proper officer of every local authority to prepare and keep for each constituency wholly situated in the area of the council and for each part so situated of any other constituency—

(i) a list of rooms in school premises, and

(ii) a list of meeting rooms,

which candidates in the constituency are entitled to use.

SCHEDULE 6

1

Without prejudice to the application of any provision of this Act to elections in the City by virtue of sections 191 to 196 of this Act, this Schedule has effect as regards the operation of Part II of the City of London (Various Powers) Act 1957 (referred to in this Schedule as “the City Act”) and the City of London (Ward Elections) Act 2002.

2

Notwithstanding anything in section 6(1) of the City Act—

(a) a person qualified (age apart) to vote as an elector at a ward election shall be entitled to do so if he is of the age of 18 years or over on the date of the poll, except that,

(b) a person registered in the ward list to be used at a ward election shall not be entitled to vote as an elector at the election if his entry in the ward list gives a date later than the date of the poll as the date on which he will attain the age of 18 years.

3

Ward lists and provisional ward lists shall give for any elector the date on which it appears to the town clerk of the City that the elector will attain the age of 18 years, if that date is after the 16th November in the year in which the ward lists are to be published.

4

Claims and objections asking for the omission, insertion or alteration of a date in a ward list as that on which an elector will attain that age may be made as in the case of claims and objections relating to the inclusion of a person’s name in the list, and sections 7(4) and 9 of the City Act shall with any necessary modifications apply accordingly.

5

Any power under this Act to prescribe the form of service declaration may be exercised so as to take account of the difference between the qualifying date under this Act and the qualifying date under the City of London (Ward Elections) Act 2002.

6

Nothing in this Act affects the operation of . . . paragraph (a) of subsection (5) of section 5 of the Representation of the People Act 1949 . . . in relation to their application by section 4(2) of the City Act.

SCHEDULE 7

Part I — Transitional and Saving Provisions

General

1

Where a period of time specified in an enactment repealed by this Act is current at its commencement, this Act has effect as if the provision corresponding to that enactment had been in force when that period began to run.

2

The imposition or subsistence of an incapacity is not affected by the repeal by this Act of any enactment, and any such incapacity shall for the purposes of this Act be treated as having been imposed under the corresponding provision of this Act.

Electoral Law Act (Northern Ireland) 1962

3

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

Licensing Act 1964

4

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

Northern Ireland Constitution Act 1973

5

So far as sections 8(4) and 26 of this Act reproduce any provision derived from the exercise of the power under section 38 of the Northern Ireland Constitution Act 1973 to make an Order in Council that provision has effect as if it were contained in an Order in Council so made.

Variation of limits of candidates’ election expenses

6

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

Section 254 of the Local Government Act 1972

7

Any power exercisable under section 254 of the Local Government Act 1972 (consequential and supplementary provision) in relation to a provision of that Act repealed and reenacted by this Act is exercisable in relation to that provision as so reenacted to the extent that it would have been exercisable immediately before such repeal.

Criminal Justice Act 1982

8

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

Mental Health (Amendment) Act 1982

9

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

Part II — Interpretation of Other Acts

Register, electors, etc.

10

(1) A reference in any Act (whenever passed) to—

(a) the register of parliamentary and local government electors, or

(b) the register of parliamentary electors, or

(d) the electors lists for such a register,

shall be taken as a reference to—

(i) the register kept under this Act, or

(ii) that register so far as it relates to parliamentary electors, or

(iii) that register so far as it relates to local government electors, or

(iv) the electors lists for such a register,

as the case may be, and references in any Act to a parliamentary or local government elector shall be construed accordingly.

(2) In relation to a person shown in a register or electors list as attaining voting age on a specified date the references in subparagraph (1) above do not apply except for the purposes of an election at which the day fixed for the poll falls on or after that date.

Registration and returning officers

11

A reference in any Act (whenever passed) to—

(a) the registration officer for the registration of parliamentary or local government electors, or

(b) the returning officer for a parliamentary election or constituency,

shall be taken respectively as a reference to the registration officer or returning officer appointed under this Act.

Registration expenses

12

A reference in any Act (whenever passed) to registration expenses in connection with the registration of parliamentary or local government electors shall be taken as a reference to registration expenses under this Act.

Supplemental

13

(1) Subject to this paragraph, the provisions of paragraphs 10 to 12 of this Schedule apply to a reference—

(a) to any of the matters mentioned in those provisions, whatever the terms used in that reference; and

(b) to any other matter which was to be construed as a reference to any of those matters by virtue of an enactment repealed by the Representation of the People Act 1948.

(2) Those provisions so far as they relate to this Act or any other Act passed after that Act of 1948 do not apply where the context otherwise requires.

(3) Those provisions so far as they relate to Acts passed before that Act of 1948 may be excluded in whole or in part by an order of the Secretary of State in any particular case where they appear to him to be inappropriate.

(4) That order may make such change in the law which this Act reproduces from the Representation of the People Act 1949 as might have been made before its commencement under paragraph 8(1)(c) of Part I of Schedule 10 to that Act of 1948.

(5) The provisions of paragraphs 10 to 12 may be supplemented by an order made by the Secretary of State in relation to an Act passed previous to the Representation of the People Act 1948—

(a) where, in any particular case, such an order appears to him necessary for harmonising the previous Act with the provisions of this Act; and

(b) to the extent that the provisions of this Act reenact such provisionsof the Representation of the People Act 1949 as re-enacted provisions of that Act of 1948.

(6) A power conferred by this paragraph to make an order shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment by resolution of either House of Parliament.

(7) Nothing in paragraphs 10 to 12 shall be taken to prejudice the operation in relation to this Act of any provision of the Interpretation Act 1978 as to repeals.

SCHEDULE 8

Public Meeting Act 1908

1

After subsection (3) of section 1 of the Public Meeting Act 1908 insert the following subsection—

(4) This section does not apply as respects meetings to which section 97 of the Representation of the People Act 1983 applies.

City of London (Various Powers) Act 1957

2

In section 4 of the City of London (Various Powers) Act 1957—

(a) in subsection (1) for “”Act of 1949”’ substitute “ ”Act of 1983 ”’, and for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”;

(b) in subsection (1), for “set out in the Second Schedule to the Act of 1949” substitute “ made by the Secretary of State under section 36 of the Act of 1983 ”;

3

In section 8 of the City of London (Various Powers) Act 1957—

(a) in subsection (1)—

(i) for “Act of 1949” substitute “ Act of 1983 ” and for “section 167” substitute “ sections 191 to 196 ”;

(ii) for the words after “apply to and in respect of ward elections” to the end substitute the words—

section 3 (disfranchisement of offenders in prison, etc.); section 6 (residence: merchant seaman); sections 14(1) and 15 to 17 (service qualifications and declarations for registration); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; section 46 (further provision as to local election voting); section 59 (supplemental provisions as to members of forces and service voters).

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in subsection (4), for “Act of 1949” substitute “ Act of 1983 ” and for “rule 21 of the local elections rules” substitute “ rule 20 of the Local Elections (Principal Areas) Rules 1973 ”;

(e) in subsection (5), for “Act of 1949” substitute “ Act of 1983 ”.

4

In section 9(4) of the City of London (Various Powers) Act 1957 for “Act of 1949” substitute “ Act of 1983 ”.

City of London (Various Powers) Act 1960

5

In section 39 of the City of London (Various Powers) Act 1960—

(a) in paragraph (b) of subsection (1), for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”;

(b) in subsection (2), for “Act of 1949” substitute “ Act of 1983 ”.

London Government Act 1963

6

In Schedule 3 to the London Government Act 1963—

(b) in paragraph 22 of Part II, for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”;

(b) in paragraph 23 of Part II, for “said Acts of 1949” substitute “ Representation of the People Act 1983 ”.

Licensing Act 1964

7

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

8

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

9

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

10

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

Post Office Act 1969

11

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

Local Government Act 1972

12

In the following provisions of the Local Government Act 1972 for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”—sections 6(1), 9(5), 11(3)(b), 16(2), 25(1), 28(2), 29(3)(b), 35(1), 80(1)(e), 86(b) and Schedule 2, paragraph 6(1).

13

In section 89(6) of the Local Government Act 1972 for “section 42 above” substitute “ section 36 of the Representation of the People Act 1983 ”.

14

In paragraphs 18(5) and 34(5) of Schedule 12 to the Local Government Act 1972 for “section 42 above and of the enactments mentioned in section 165(1) of the Representation of the People Act 1949” substitute “ section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act ”.

Local Government (Scotland) Act 1973

15

In the Local Government (Scotland) Act 1973—

(a) in section 4(1), for “Act of 1949” substitute “ Representation of the People Act 1983 ”;

(b) in paragraph (d) of section 31(1), for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”.

16

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

Juries Act 1974

17

In section 3(1) of the Juries Act 1974, for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”.

House of Commons Disqualification Act 1975

18

In section 6(3) of the House of Commons Disqualification Act 1975, for “section 124(5) of the Representation of the People Act 1949” substitute “ section 144(7) of the Representation of the People Act 1983 ”.

19

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

20

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975—

(a) for the reference to “Registration Officer appointed under Part IIIof the Local Government Act 1972” substitute “ Registration Officer appointed under section 8(2) of the Representation of the People Act 1983 ”;

(b) for the reference to “Returning Officer under section 17(2) of the Representation of the People Act 1949 and any Deputy Returning Officer appointed by him” substitute “ Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him. ”

European Assembly Elections Act 1978

21

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

22

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

23

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

Judicature (Northern Ireland) Act 1978

24

In paragraph (h) of section 35(2) of the Judicature (Northern Ireland) Act 1978, for “sections 107 to 136 of the Representation of the People Act 1949” substitute “ sections 120 to 156 of the Representation of the People Act 1983 ”.

25

In section 108(1) of the Judicature (Northern Ireland) Act 1978 for “section 110 of the Representation of the People Act 1949” substitute “ section 123 of the Representation of the People Act 1983 ”.

Senior Courts Act 1981

26

In section 142(1) of the Senior Courts Act 1981 , for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”.

Mental Health (Amendment) Act 1982

27

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

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

28

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

SCHEDULE 9

Part I — Repeals of Obsolete Provisions

Part II — Consequential Repeals

Part III — Consequential Revocations

Local government electors.

3A

(1) A person to whom this section applies is, during the time that he is—

(a) detained at any place in pursuance of the order or direction by virtue of which this section applies to him, or

(b) unlawfully at large when he would otherwise be so detained,

legally incapable of voting at any parliamentary or local government election.

(2) As respects England and Wales, this section applies to the following persons—

(a) any person in respect of whom—

(i) an order has been made under section 37, 38, 44 or 51(5) of the Mental Health Act 1983, or

(ii) a direction has been given under section 45A, 46 or 47 of that Act;

(b) any person in respect of whom an order has been made under section 5(2)(a) of the Criminal Procedure (Insanity) Act 1964; and

(i) section 6(2)(a) of the Criminal Appeal Act 1968, or

(ii) section 14(2)(a) of that Act.

(3) As respects Scotland, this section applies to the following persons—

(a) any person in respect of whom an order has been made under section 53, 54, 57(2)(a) or (b) , 57A(2) or 58 of the Criminal Procedure (Scotland) Act 1995; and

(b) any person in respect of whom a direction has been given under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 59A of that Act of 1995.

(4) As respects Northern Ireland, this section applies to the following persons—

(a) any person in respect of whom—

(i) an order has been made under Article 44, 45, 50A(2)(a) or 57(5) of the Mental Health (Northern Ireland) Order 1986, or

(ii) a direction has been given under Article 52 or 53 of that Order; and

(b) any person in respect of whom the Court of Appeal has made an order under—

(i) section 11(1)(b) or (2)(b) of the Criminal Appeal (Northern Ireland) Act 1980, or

(ii) section 13(5A) of that Act.

(5) The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).

(6) In this section any reference to a person in respect of whom any order or direction falling within subsection (2), (3) or (4) has been made or given includes a reference to a person in respect of whom any such order or direction is, by virtue of any enactment, to be treated as having been made or given in connection with his transfer to a place in the part of the United Kingdom mentioned in that subsection.

(7) Any reference in any of subsections (2) to (4) above to a provision of any Act or Order includes a reference to any earlier provision (whether of that Act or Order as originally enacted or made or as previously amended, or otherwise) to the like effect.

Entitlement to registration

7A

(1) This section applies to a person who is detained at any place pursuant to a relevant order or direction and is so detained otherwise than after—

(a) being convicted of any offence, or

(b) a finding in criminal proceedings that he did the act or made the omission charged.

(2) A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the place at which he is detained if the length of the period which he is likely to spend at that place is sufficient for him to be regarded as being resident there for the purposes of electoral registration.

(3) A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until—

(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered, or

(ab) the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person, or

(b) another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),

whichever first occurs.

(4) Where the entitlement of such a person to remain so registered terminates by virtue of subsection (3) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of subsection (2).

(5) Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—

(a) by virtue of his residence at some place other than the place at which he is detained, or

(b) in pursuance of a declaration of local connection.

(6) In this section “a relevant order or direction” means—

(a) a remand or committal in custody;

(b) a remand to a hospital under section 35 or 36 of the Mental Health Act 1983 or Article 42 or 43 of the Mental Health (Northern Ireland) Order 1986;

(d) an assessment order under section 52D or a treatment order under section 52M of the Criminal Procedure (Scotland) Act 1995; or

(e) a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 made in respect of a person to whom that section applies by virtue of article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

7B

(1) A declaration under this section (“a declaration of local connection”)—

(a) may be made only by a person to whom this section applies, but

(b) may be made by such a person despite the fact that by reason of his age he is not entitled to vote.

(2) This section applies to any person who on the date when he makes such a declaration is—

(a) a person to whom section 7 above applies and who would not be entitled to be registered by virtue of residence at any place other than the mental hospital (within the meaning of that section) at which he is a patient, or

(b) a person to whom section 7A applies and who would not be entitled to be registered by virtue of residence at any place other than the place at which he is detained as mentioned in subsection (1) of that section, or

(c) a person who does not fall within paragraph (a) or (b) above (and is not otherwise in legal custody) and who is not, for the purposes of section 4 above, resident at any address in the United Kingdom (a “homeless person”).

(2A) In relation to the registration of local government electors in Wales, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

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

(b) does not fall within any of the paragraphs (a) to (c) of subsection (2), and

(2B) The requirements are that the person—

(a) is under 18 years of age and is, or has been, a child who is looked after by a local authority, or

(b) is being kept in secure accommodation.

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

(2D) In subsection (2B)—

(a) the reference to a child who is looked after by a local authority has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 1) (see section 74);

(b) “secure accommodation” means accommodation in the United Kingdom provided for the purpose of lawfully restricting the liberty of persons under the age of 18, other than a penal institution within the meaning given in section 3(2)(b).

(3) A declaration of local connection shall state—

(a) the name of the declarant and either—

(i) an address to which correspondence for him from either the registration officer concerned or the returning officer can be delivered, or

(ii) that he is willing to collect such correspondence periodically from the registration officer’s office;

(b) the date of the declaration;

(c) that on the date of the declaration the declarant falls into one of the categories of persons to whom this section applies, specifying—

(i) the category in question, and

(ii) (in the case of a person falling within subsection (2)(a) or (b) above) the name and address of the mental hospital at which he is a patient or (as the case may be) of the place at which he is detained;

(d) the required address (as defined by subsection (4) below);

(e) that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or—

(i) if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or

(ii) if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen;

(f) whether the declarant has on the date of the declaration attained the age of 18 years, and, if he has not, the date of his birth.

(4) For the purposes of this section “the required address” is—

(a) in the case of a person falling within subsection (2)(a) or (b) above—

(i) the address in the United Kingdom where he would be residing if he were not such a patient, or detained, as mentioned in that provision, or

(ii) if he cannot give such an address, an address in the United Kingdom at which he has resided;

(b) in the case of a homeless person, the address of, or which is nearest to, a place in the United Kingdom where he commonly spends a substantial part of his time (whether during the day or at night);

(i) an address in Wales at which the person has previously been resident, or

(ii) an address used by a council of a county or county borough in Wales in which the person has previously been resident.

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

(6) Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period—

(a) beginning with the date when a vacancy occurs—

(i) in the seat for the parliamentary constituency within which the required address falls, or

(ii) in the seat for any Scottish Parliament constituency ... within which it falls, and

(b) ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the Scotland Act 1998 ..., held in respect of that vacancy,

the declaration must state that, during the period of three months ending on the date of the declaration, the declarant has commonly been spending a substantial part of his time (whether during the day or at night) at, or near, the required address.

(7) No declaration of local connection shall be specially made by a person for the purposes of local government elections, and any such declaration made for the purposes of parliamentary elections shall have effect also for the purposes of local government elections; but—

(a) a declaration of local connection may be made for the purposes only of local government elections by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or —

(i) in relation to local government elections in England, by a qualifying EU citizen or an EU citizen with retained rights, or

(ii) in relation to local government elections in Wales, by a relevant citizen of the Union; and

(b) where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other declarations of local connection.

(7A) Despite anything in subsection (7), in relation to Wales, a relevant declaration made by a person has effect only for the person's registration as a local government elector.

(7B) In subsection (7A) a “relevant declaration” means—

(a) a declaration of local connection made by virtue of subsection (2A);

(b) a declaration of local connection made by a qualifying foreign citizen;

(i) under the age of 17, and

(ii) not entitled to be registered in the register of parliamentary electors.

(7C) A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.

(8) If a person—

(a) makes a declaration of local connection stating more than one address under subsection (3)(d) above, or

(b) makes more than one declaration of local connection bearing the same date and stating different addresses under that provision,

the declaration or declarations shall be void.

(9) A declaration of local connection may be cancelled at any time by the declarant.

(10) A declaration of local connection shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.

7C

(1) Where a person’s declaration of local connection is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—

(a) resident on the date of the declaration at the address stated in it in accordance with section 7B(3)(d) above; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person registered in a register of electors in pursuance of a declaration of local connection is entitled to remain so registered until—

(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect,

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered,

(ab) the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person,

(b) the declaration is cancelled under section 7B(9) above, or

(c) another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a declaration of local connection),

whichever first occurs.

(3) Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further declaration of local connection.

(4) This section shall not be taken as precluding the registration of a person falling within section 7B(2)(a) or (b) above in pursuance of an application made by virtue of section 7(2) or 7A(2) above.

9A

(1) Each registration officer must take all steps that are necessary for the purpose of complying with his duty to maintain the registers under section 9 above and —

(a) in the case of a registration officer in Great Britain, for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it, and

(b) in the case of the Chief Electoral Officer for Northern Ireland, for the purpose of meeting the relevant registration objectives.

(2) The steps include—

(za) for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England or in Scotland or Wales, sending to any address at least one communication to be used for the canvass under section 9D below;

(zb) for the purposes of a register maintained by the Chief Electoral Officer for Northern Ireland under section 9—

(i) no earlier than 1 July in a year in which a canvass under section 10 is conducted, sending to any address a notice that includes the following information—

(aa) details of the canvass, including any time by which the form to be used for the purposes of the canvass is to be submitted,

(bb) an invitation to submit that form through the UK digital service, and

(cc) instructions on how to do so;

(ii) at any time after sending the notices under sub-paragraph (i), sending the form to be used for the purposes of the canvass to any non-responding registered person;

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

(b) making on one or more occasions house to house inquiries under section 9D(5) or 10(5);

(ba) for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England or in Scotland or in Wales, making on one or more occasions contact with persons by telephone;

(c) making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register;

(d) inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law;

(e) providing training to persons under his direction or control in connection with the carrying out of the duty.

(2A) In relation to the registration of local government electors in Scotland, subsections (1) and (2)(b) do not require a registration officer to make house to house inquiries in relation to any person under the age of 16.

(2A) In relation to the registration of local government electors in Wales, subsections (1) and (2)(b) do not require a registration officer to make house to house inquires in relation to any person under the age of 16.

(3) Regulations made by the Secretary of State may amend subsection (2) by—

(a) varying any of the paragraphs in that subsection;

(b) inserting any paragraph;

(4) In this section—

“non-responding registered person”, in relation to a canvass, means a person who—is registered in a register in respect of an address in Northern Ireland, andhas not responded to the canvass;

“the UK digital service” has the same meaning as in section 10ZF below, and references to submitting a form through the UK digital service shall be construed in accordance with subsection (4) of that section.

9B

(1) An application under this section (an application for an anonymous entry) may be made—

(a) by any person, in conjunction with an application for registration under section 10ZC or 10A(1)(a), or

(b) by a person who already has an anonymous entry, for the purposes of remaining registered with such an entry (see section 9C(3)).

(1A) An application for an anonymous entry must be made in accordance with prescribed requirements and must be accompanied by—

(a) a declaration made in accordance with prescribed requirements, and

(b) such evidence in support as may be prescribed.

(2) A registration officer who receives an application for an anonymous entry must determine whether the safety test is satisfied (unless, in the case of an application under subsection (1)(a), the person's application for registration has been rejected otherwise than by virtue of this section).

(3) If the registration officer determines that the safety test is satisfied—

(a) section 9(2) above does not apply in relation to the person; and

(b) the person's entry in the register shall instead contain letters in the prescribed form and his electoral number.

(4) An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry.

(5) If an anonymous entry is made in respect of a person as the result of an application under subsection (1)(a), the registration officer shall remove any other entry in the register for that person.

(6) If a person makes an application under subsection (1)(a) and the registration officer determines that the safety test is not satisfied, no entry is to be made in the register as a result of the person's application under section 10ZC or 10A(1)(a) (whether an anonymous entry or otherwise).

(7) Subsection (6) above does not affect—

(a) any other entry in the register for the person;

(b) the determination of any further application for registration which is made by the person (including an application which is treated as having been made by him by virtue of section 10A(2) below) ...

(8) Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

(9) Subsection (8) does not apply to a communication relating only to a local government election in Scotland.

(10) The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address.

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