Representation of the People Act 1983
- (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 ”;
- (c) in subsection (2), for “Act of 1949” substitute “ Representation of thePeople Act 1949 ”.
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
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8
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9
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10
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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
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23
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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
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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
28
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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
- (c) any person in respect of whom the Court of Appeal has made an order under—
- (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;
- (c) a direction for removal to a hospital under section 48 of that Act or Article 54 of that Order;
- (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
- (c) meets any of the requirements specified in subsection (2B).
- (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);
- (c) in the case of a person falling within subsection (2A), any of the following—
- (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;
- (c) any other declaration of local connection made by a person who, on the date on which the declaration is made, is—
- (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;
- (c) repealing 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.
- (11) In this section, “determines” means determines in accordance with regulations.
9C
- (1) If a person has an anonymous entry in a register maintained by a registration officer in Great Britain, his entitlement to remain registered ... terminates—
- (a) at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or
- (b) if the declaration made for the purposes of section 9B is cancelled at any time before the expiry of that 12 month period, at the time when the declaration is cancelled.
- (1A) If a person (“P”) has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, P’s entitlement to remain registered terminates at the end of such period of five years or less beginning with the relevant date, as that officer determines in relation to P.
- (1B) But if, at any time before the expiry of the period determined under subsection (1A)—
- (a) the declaration made for the purposes of section 9B is cancelled, or
- (b) the Chief Electoral Officer determines that the safety test is no longer satisfied,
P’s entitlement to remain registered terminates at that time.
- (1C) In subsection (1A) “the relevant date” means—
- (a) where P’s anonymous entry is the result of an application under section 9B(1)(a), the date when P’s entry in the register first takes effect; or
- (b) where P’s anonymous entry is the result of an application under section 9B(1)(b), the date when the Chief Electoral Officer determines under section 9B(2) that the safety test is satisfied.
- (1D) Subsection 9B(10) (meaning of “safety test”) applies for the purposes of subsection (1B) (treating references to the applicant for an anonymous entry as references to P).
- (1E) A determination under subsection (1A) or (1B) must be made in accordance with regulations.
- (2) This section does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before the time at which it would terminate under this section.
- (3) If a person's entitlement to remain registered terminates by virtue of this section, the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of ... a further application under section 9B.
10ZA
- (1) A canvass under section 10(1A) must be conducted in—
- (a) the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply;
- (aa) the year 2021;
- (ab) the year 2030;
- (b) every tenth year following 2030.
- (2) A canvass under section 10(1A) must be conducted in an intervening year if—
- (a) on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and
- (b) the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose.
- (3) If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016.
- (4) “Intervening year” means a year other than—
- (a) 2010,
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) if no canvass under section 10(1A) is conducted before the end of 2015, 2016,
- (d) 2021,
- (e) 2030, and
- (f) every tenth year following 2030.
- (5) The Secretary of State may not make an order under subsection (1)(a) unless—
- (a) on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and
- (b) the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose.
- (6) The power to make an order under subsection (1)(a) is exercisable by statutory instrument.
- (7) No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
- (8) “Recommendation” means a written recommendation to the Secretary of State.
10ZB
- (1) The relevant registration objectives are to secure, so far as reasonably practicable—
- (a) that every person who is entitled to be registered in a register is registered in it,
- (b) that no person who is not entitled to be registered in a register is registered in it, and
- (c) that none of the required information relating to any person registered in a register is false.
- (2) But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded.
- (3) “Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9.
- (4) “The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)—
- (a) the person's name;
- (b) the person's qualifying address;
- (c) the person's date of birth;
- (d) subject to subsection (5), the person's signature;
- (e) the person's national insurance number or a statement that he does not have one.
- (5) The required information does not include the person's signature if—
- (a) the Chief Electoral Officer has dispensed with the requirement to provide a signature, ... or
- (aa) the registration was made following an application for registration submitted through the UK digital service.
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) “False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be.
- (7A) In subsection (5)(aa), “the UK digital service” has the same meaning as in section 10ZF, and the reference to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance of the registers: registration of electors.
10A
- (1) The Chief Electoral Officer for Northern Ireland shall determine all applications for registration which are—
- (a) made to him in accordance with the prescribed requirements, or
- (b) treated as made to him by virtue of subsection (2) below.
- (1ZA) A person who makes an application for registration in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—
- (a) residence determined in accordance with section 6 (residence: merchant seamen),
- (b) a declaration of local connection, or
- (c) an overseas elector’s declaration.
- (1A) Subject to subsections (1B) and (1C) below, an application for registration in respect of an address in Northern Ireland shall include—
- (a) the signature of each of the persons to whom the application relates;
- (b) the date of birth of each such person; and
- (c) in relation to each such person—
- (i) his national insurance number or a statement that he does not have one,
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
- (iii) any other address in the United Kingdom in respect of which he is or has applied to be registered,
and the power in subsection (1) above to prescribe requirements includes power to give effect to the requirements of this subsection.
- (1B) The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (1A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of blindness or any other disability of his or because he is unable to read.
- (1C) The requirement mentioned in subsection (1A)(a) does not apply to an application submitted through the UK digital service.
- (2) Where—
- (a) in connection with a canvass under section 10 above, the form completed in respect of any address specifies any person as a person who is entitled to be registered in a register, and
- (b) that person is not for the time being registered in the register in respect of that address,
he shall be treated as having made. . . an application for registration in the register in respect of that address.
- (2A) The application referred to in subsection (2) above shall ... be treated as made on the 15th October in the year in question.
- (2B) Where the form referred to in paragraph (a) of subsection (2) above is submitted through the UK digital service, the application referred to in that subsection shall be treated as having been submitted through the UK digital service.
- (3) The Chief Electoral Officer for Northern Ireland shall also determine all objections to a person’s registration in Northern Ireland made in accordance with the prescribed requirements by another person whose name appears in the register in question.
- (3A) Subsection (3) above applies to an objection to a person's registration whether the objection is made before or after the person is registered in the register.
- (3B) No objection to a person's registration may be made if the person has an anonymous entry in the register.
- (4) Subsections (1) and (3) above apply to applications and objections in Northern Ireland asking—
- (a) for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to registration, or
- (b) for the alteration of the qualifying address in respect of which a person is registered,
as they apply to applications for registration and objections to a person’s registration respectively.
- (5) Subject to subsection (5A) below, where ... a person (“the elector”) is . . . entered in a register in respect of any address in Northern Ireland, the elector is entitled to remain registered in the register in respect of that address until such time as the Chief Electoral Officer for Northern Ireland—
- (a) determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because—
- (i) the form mentioned in section 10(4) above was not returned in respect of that address, or
- (ii) for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,
the Officer is unable to satisfy himself that the elector was then so resident at that address, or
- (b) determines that the elector was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.
- (5A) A person’s name is to be removed from the register in respect of any address if—
- (a) the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or
- (b) the Chief Electoral Officer for Northern Ireland determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.
- (5B) The Chief Electoral Officer for Northern Ireland may, for the purpose of obtaining any information relevant to a determination under subsection (5)(b) above, make such house to house inquiries as he thinks fit.
- (6) Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, or his name is to be removed from it by virtue of subsection (5A) above, the Chief Electoral Officer for Northern Ireland shall remove that person’s entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.
- (7) Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise the Chief Electoral Officer for Northern Ireland to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.
- (8) Nothing in subsection (5), (5A) or (6) applies in relation to the registration of persons in pursuance of—
- (a) applications for registration made by virtue of section 7(2) or 7A(2) above; or
- (b) declarations falling within section 10(3)(b) above.
- (9) In this section—
- “determines” means determines in accordance with regulations;
- “resident” means resident for the purposes of section 4 above.
- “the UK digital service” has the same meaning as in section 10ZF, and references to a form or application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.
13A
- (1) This section applies where, at any time (“the relevant time”) after the publication of a revised version of a register by a registration officer under section 13 above, the registration officer—
- (za) is required by section 10ZC(1) to enter a person in the register;
- (zb) is required by section 10ZD(1) to alter a person's entry in the register;
- (a) on an application for registration in Northern Ireland being made by any person in accordance with the prescribed requirements, determines that that person is entitled to be so registered;
- (b) is required, by virtue of any provision of this Part of this Act, to remove a person’s entry from the register;
- (c) is notified of any decision on an appeal by virtue of section 56 or 58 below which requires any such alteration in the register as is mentioned in subsection (4) of that section; or
- (d) determines that the register contains any clerical error or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect.
- (2) In such a case the registration officer shall (subject to subsection (3) below) issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
- (a) the notice shall be so issued by him—
- (i) on the first day of the month which follows that in which the relevant time falls, or
- (ii) if that day is less than 14 days after that time, on the first day of the month immediately following that month; and
- (b) (subject to sections 13B(1) and 13BA(1) below) the alteration in question shall have effect as from the beginning of the day on which the notice is issued.
- (2ZA) A person who makes an application under subsection (1)(a) in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—
- (a) residence determined in accordance with section 6 (residence: merchant seamen),
- (b) a declaration of local connection, or
- (c) an overseas elector’s declaration.
- (2A) Subject to subsections (2B) and (2C) below, an application for registration under subsection (1)(a) above in respect of an address in Northern Ireland shall include—
- (a) the signature of each of the persons to whom the application relates;
- (b) the date of birth of each such person; and
- (c) in relation to each such person—
- (i) his national insurance number or a statement that he does not have one,
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
- (iii) any other address in the United Kingdom in respect of which he is or has applied to be registered,
and the power in subsection (1)(a) above to prescribe requirements includes power to give effect to the requirements of this subsection.
- (2B) The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (2A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.
- (2C) The requirement mentioned in subsection (2A)(a) does not apply to an application submitted through the UK digital service.
- (3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—
- (a) at the beginning of the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) or (3) above, or
- (b) at the beginning of either of the two months preceding that containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a) above,
and in such a case the alteration in question shall be made in that revised version of the register.
- (3A) Subsection (2)(a)(ii) also does not require a registration officer in Great Britain to issue a notice under subsection (2) in a case where the month which follows that in which the relevant time falls is the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a); and in such a case the alteration in question shall be made in that revised version of the register.
- (4) Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section 13AB(2), 13B(3), (3B) or (3D), 13BA(3), (6) or (9) or 13BC(3) or (6) below requires him to issue a notice under that provision.
- (5) No alteration affecting a published version of a register of electors shall be made otherwise than in accordance with this section, section 13AB, section 13B, section 13BA or section 13BC below.
- (6) For the purposes of subsection (1) above “determines” means determines in accordance with regulations; and section 119 below shall apply for the purposes of subsection (2)(a) above as if it were contained in Part II of this Act.
- (7) In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.
13B
- (1) If, by virtue of section 13A(2) above or section 13BC(3) or (6) below, an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.
- (2) Subsection (3) below applies where—
- (a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of paragraphs (za), (zb), (b), (c) and (d) of that subsection;
- (b) in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and
- (c) no alteration made in consequence of the determination, requirement or decision—
- (i) has already taken effect, or
- (ii) is due to take effect,
under subsection (2) of that section, or under section 13AB(3) or section 13BC(3) or (6), on or before the fifth day before the date of the poll.
- (3) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
- (a) the notice shall be so issued by him on the appropriate publication date; and
- (b) the alteration shall take effect as from the beginning of that day.
- (3ZA) In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.
- (3ZB) Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.
- (3A) Subsection (3B) below applies where—
- (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and
- (b) in consequence of the notification—
- (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
- (ii) his entry in the register requires to be altered.
- (3B) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
- (a) the notice shall be so issued by him when he receives the notification; and
- (b) the alteration shall take effect as from the beginning of the day on which the notice is issued.
- (3C) Subsection (3D) below applies where—
- (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;
- (b) the determination was made following a representation made by or on behalf of a person to the registration officer; and
- (c) in consequence of the determination—
- (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
- (ii) his entry in the register requires to be altered.
- (3D) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
- (a) the notice shall be so issued by him when he makes the determination; and
- (b) the alteration shall take effect as from the beginning of the day on which the notice is issued.
- (3E) In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.
- (4) This section applies to the following elections—
- (a) parliamentary elections in England, Wales or Scotland,
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) elections to the Scottish Parliament,
- (d) elections to the National Assembly for Wales, ...
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) local government elections in England, Wales or Scotland and
- (g) elections of police and crime commissioners in England and Wales.
- (5) In this section—
- “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;
- “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;
- “the relevant election area”, in relation to a registration officer and such an election, means—the area for which the registration officer acts, orif the election is held in only part of that area, the part of that area in question.
- (6) Section 119 below shall apply for the purposes of this section as if—
- (a) it were contained in Part II of this Act; and
- (b) each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.
13BA
- (1) An alteration in a published version of a register of electors which takes effect under section 13A(2) or section 13BC(3) or (6) after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration—
- (a) is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and
- (b) takes effect on or before the fifth day before the date of the poll.
- (2) Subsection (3) applies if—
- (a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and
- (b) no alteration made in consequence of that determination or requirement—
- (i) has already taken effect, or
- (ii) is due to take effect,
under section 13A(2), or section 13BC(3), on or before the final nomination day.
- (3) If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.
- (3A) In determining for the purposes of subsection (2)(b) whether an alteration made in consequence of the determination or requirement is due to take effect under section 13BC(3) on or before the final nomination day, the reference to section 13BA in section 13BC(2) is to be disregarded.
- (3B) Subsection (3) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) requires the officer to issue a notice under that provision at an earlier time.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subsection (6) applies if—
- (a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and
- (b) no alteration made in consequence of that decision or determination—
- (i) has already taken effect, or
- (ii) is due to take effect,
under section 13A(2), or section 13BC(3) or (6), on or before the fifth day before the date of the poll.
- (6) The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.
- (6A) In determining for the purposes of subsection (5)(b) whether an alteration made in consequence of the decision or determination is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13BA in section 13BC(2) is to be disregarded.
- (6B) Subsection (6) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.
- (7) Subsection (9) applies if—
- (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and
- (b) in consequence of the notification—
- (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
- (ii) his entry in the register needs to be altered.
- (8) Subsection (9) also applies if—
- (a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d),
- (b) the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and
- (c) in consequence of the determination—
- (i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
- (ii) his entry in the register needs to be altered.
- (9) The Chief Electoral Officer must, when—
- (a) he receives the notification referred to in subsection (7), or
- (b) he makes the determination referred to in subsection (8),
issue a notice specifying the appropriate alteration in the register.
- (10) In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.
- (11) A notice under subsection (3), (6) or (9)—
- (a) is to be issued in the prescribed manner, and
- (b) takes effect from the beginning of the day on which it is issued.
- (12) This section applies to—
- (a) parliamentary elections in Northern Ireland,
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
- (c) elections to the Northern Ireland Assembly.
- (13) Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.
13BB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13C
- (1) This section applies where a person makes an application in accordance with any prescribed requirements to the Chief Electoral Officer for Northern Ireland for an electoral identity card.
- (2) Regulations may provide for—
- (a) the descriptions of person who may make such an application; ...
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The Chief Electoral Officer shall determine such an application and, if he is satisfied that the information given by the applicant is correct, he shall issue an electoral identity card to the applicant free of charge.
- (3A) Regulations may make provision about the issuing or collection of an electoral identity card.
- (3B) The provision that may be made by virtue of subsection (3A) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity card from a polling station.
- (4) The electoral identity card issued to an applicant shall—
- (a) state his full name and date of birth,
- (b) bear his photograph,
- (c) indicate when the card ceases to be current, and
- (d) subject to provision made by virtue of subsection (4A), include such other information and be in such form as the Chief Electoral Officer shall determine.
- (4A) Regulations may make provision—
- (a) about the information to be included in an electoral identity card;
- (b) about the form of an electoral identity card (including provision for the card to be issued in different forms in different circumstances).
- (5) For the purposes of subsection (4) above and rule 37(1E) in Schedule 1 to this Act (specified documents), an electoral identity card becomes current on the date of its issue and ceases to be so on the expiry of the period of 10 years beginning with that date.
- (6) Any expenses properly incurred by the Chief Electoral Officer in the performance of his functions under this section shall be treated as registration expenses of his for the purposes of this Act.
- (7) In this section “determine” means determine in accordance with regulations (if any).
13CA
- (1) A person who provides false information in connection with an application mentioned in subsection (2) below commits an offence.
- (2) The application referred to in subsection (1) above is an application—
- (a) relating to a local government election in Scotland; and
- (b) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (c. 2) applies, namely—
- (i) paragraph 3(1) or (2);
- (ii) paragraph 4(1) or (2);
- (iii) paragraph 7(4).
- (3) In relation to a signature, “false information” for the purposes of subsection (1) above means a signature which—
- (a) is not the usual signature of; or
- (b) was written by a person other than,
the person whose signature it purports to be.
- (4) A person does not commit an offence under subsection (1) above if the person did not know, and had no reason to suspect, that the information was false.
- (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court must assume that the defence is satisfied unless the prosecutor proves beyond reasonable doubt that it is not.
- (6) A person guilty of an offence under subsection (1) above is liable on summary conviction to (either or both)—
- (a) imprisonment for a term not exceeding 6 months;
- (b) a fine not exceeding level 5 on the standard scale.
13D
- (1) A person who for any purpose connected with the registration of electors provides to a registration officer any false information is guilty of an offence.
- (1A) A person who provides false information in connection with an application (other than an application relating only to a local government election in Scotland) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (applications relating to absent voting) applies is guilty of an offence—
- (a) paragraph 3(1) or (2);
- (b) paragraph 4(1) or (2);
- (c) paragraph 7(4).
- (2) A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.
- (3) In relation to a signature, “false information” for the purposes of subsection (1) or (1A) means a signature which—
- (a) is not the usual signature of; or
- (b) was written by a person other than,
the person whose signature it purports to be.
- (4) A person does not commit an offence under subsection (1) or (1A) above if he did not know, and had no reason to suspect, that the information was false.
- (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
- (6) A person guilty of an offence under this section shall be liable on summary conviction to—
- (a) imprisonment for a term not exceeding 51 weeks ; or
- (b) a fine not exceeding level 5 on the standard scale,
or to both.
- (7) In the application of subsection (6)(a) to Scotland and Northern Ireland, the reference to 51 weeks must be taken to be a reference to six months.
- (8) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 51 weeks must be taken to be a reference to six months.
Residence: general.
18A
- (1) Every constituency is to be divided into polling districts.
- (2) A relevant authority must—
- (a) divide its area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in its area, and
- (b) keep the polling districts under review.
- (3) The following rules apply—
- (a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
- (b) in England, each parish is to be a separate polling district;
- (c) in Wales, each community is to be a separate polling district;
- (d) in Scotland, each electoral ward (within the meaning of section 1 of the Local Governance (Scotland) Act 2004) is to be divided into two or more separate polling districts.
- (4) Subsection (3)(b) to (d) does not apply if, in any case, there are special circumstances.
- (5) If an alteration of polling districts in an area is made under this section—
- (a) the registration officer who acts for the area must make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration, and
- (b) the alteration is effective on the date on which the registration officer publishes a notice stating that the adaptations have been made by him.
- (6) This section does not apply to Northern Ireland.
18B
- (1) A polling place is to be designated for each polling district in a constituency.
- (2) But subsection (1) does not apply if the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
- (3) A relevant authority must—
- (a) designate the polling places for the polling districts in its area, and
- (b) keep the polling places in its area under review.
- (4) The following rules apply—
- (a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
- (b) the authority must seek to ensure that so far as is reasonable and practicable every polling place for which it is responsible is accessible to electors who are disabled;
- (c) the authority must have regard to the accessibility to disabled persons of potential polling stations in any place which it is considering designating as a polling place or the designation of which as a polling place it is reviewing;
- (d) the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district;
- (e) the polling place for a polling district must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station.
- (5) If no polling place is designated for a polling district the polling district is to be taken to be the polling place.
18C
- (1) A relevant authority must during each compulsory review period carry out and complete—
- (a) a review under section 18A of all the polling districts in its area, and
- (b) a review under section 18B of all the polling places in its area.
- (2) The compulsory review periods are—
- (a) the period of 16 months beginning with 1st October 2013, and
- (b) the period of 16 months beginning with 1st October of every fifth year after that.
- (3) Subsection (1) does not prevent a relevant authority carrying out a review of some or all of the polling districts or polling places in its area at other times.
- (6) Schedule A1 has effect in relation to a review.
- (7) This section does not apply to Northern Ireland.
18D
- (1) This section applies if in relation to a constituency in the area of a relevant authority a relevant representation is made to the Electoral Commission by—
- (a) an interested authority in England and Wales;
- (b) not less than 30 electors in the constituency;
- (c) a person (other than the returning officer) who has made representations under Schedule A1;
- (d) a person who is not an elector in a constituency in the authority's area but who the Commission think has sufficient interest in the accessibility of disabled persons to polling places in the area or has particular expertise in relation to the access to premises or facilities of disabled persons.
- (2) A relevant representation is a representation that a review under section 18A or 18B has not been conducted by a relevant authority so as to—
- (a) meet the reasonable requirements of the electors in the constituency or any body of those electors, or
- (b) take sufficient account of the accessibility to disabled persons of polling stations within a designated polling place.
- (3) The returning officer for the constituency may make observations on representations made under this section.
- (4) The Electoral Commission must consider such representations and observations and may, if they think fit—
- (a) direct the relevant authority to make any alterations to the polling places designated by the review which the Commission think necessary in the circumstances;
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