Elections Act 2022

(40ZB) (1) This rule applies in relation to an election held in England and Wales or Scotland. (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list— (a) the voter’s electoral number, and (b) against that number, the reason for the refusal. (3) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list— (a) the name and address of the voter, and (b) against those details, the reason for the refusal. (4) Paragraphs (5) and (6) apply where— (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1E), and (b) the voter makes a further application under rule 37(1). (5) If a ballot paper is delivered to the voter following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (6) If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list. (7) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter). (8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice. (9) Subject to rule 37(1G) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever. (10) A refusal to deliver a ballot paper to a voter is subject to review on an election petition. (11) In this rule— (a) except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3) or 37(1E), and (b) any reference to paragraph (1E) or (1G) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40.

23

In rule 40A—

• (a) for the heading substitute “Refusal to deliver ballot paper: Northern Ireland”;

• (b) in paragraph (2), after “that” insert “and to rule 37(1DB)”.

24

After rule 40A insert—

(40B) (1) This rule applies in relation to an election held in England and Wales or Scotland if— (a) regulations provide that this rule applies in relation to the election, or (b) the election is within a description of elections in relation to which regulations provide that this rule applies. (2) A presiding officer must— (a) collect prescribed information relating to applications made under rules 37(1), 38(1), 39(1) and 40(1), and (b) provide the prescribed information to the returning officer as soon as practicable after the close of the poll. (3) Where the prescribed information relates to an election held in England and Wales— (a) the returning officer must forward the information to the relevant registration officer, and (b) the relevant registration officer must, as soon as reasonably practicable after receiving the information, deal with it as required by paragraph (5). (4) Where the prescribed information relates to an election held in Scotland, the returning officer must deal with it as required by paragraph (5). (5) The relevant registration officer or (as the case may be) the returning officer must— (a) anonymise the prescribed information by removing from it all names and electoral numbers of the people to whom the information relates, and (b) collate the information in the prescribed manner. The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (5) information”. (6) The relevant registration officer or (as the case may be) the returning officer must provide the paragraph (5) information— (a) to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (5), and (b) where they request the information, to the Electoral Commission. (7) The relevant registration officer or (as the case may be) the returning officer must not disclose the paragraph (5) information otherwise than in accordance with paragraph (6). (8) The relevant registration officer or (as the case may be) the returning officer must retain the information anonymised in accordance with paragraph (5)(a) for at least 10 years. (9) For the purposes of paragraph (5)(a), a person’s “electoral number” is the number— (a) allocated to the person as stated in the copy of the register of electors, or (b) where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice. (10) Except as provided by paragraph (11), a disclosure of information under this rule does not breach— (a) any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or (b) any other restriction on the disclosure of information (however imposed). (11) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2)and (3) are to be taken into account). (12) In this rule— (a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act); (b) references to the relevant registration officer are to— (i) the registration officer of the local authority in whose area the constituency is situated, or (ii) 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.

25

In rule 43 (procedure on close of poll), after paragraph (1)(da) insert—

(db) in the case of an election held in England and Wales or Scotland, the ballot paper refusal list completed in accordance with rule 40ZB, (dc) in the case of an election held in Northern Ireland, the lists provided to the polling station under rule 29(3)(f),

.

26

After rule 53A insert—

(53B) The Chief Electoral Officer for Northern Ireland must destroy the lists provided to the polling station under rule 29(3)(f)— (a) on the next working day following the 21st day after the Chief Electoral Officer has returned the name of the member elected, or (b) if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.

27

In rule 54 (sealing up of ballot papers), after paragraph (2)(b) insert—

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

.

28

In rule 55 (delivery of documents to registration officer), after paragraph (1)(ca) insert—

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

.

29

In rule 56 (orders for production of documents), after paragraph (1) insert—

(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.

30

After rule 56 insert—

(56A) (1) Regulations may make provision about the circumstances in which a registration officer may open the sealed packet containing a completed ballot paper refusal list and inspect the list. (2) Regulations may impose conditions in relation to the opening of a sealed packet or the inspection of a list by virtue of paragraph (1). (3) Regulations may make provision about the disclosure by a registration officer of information contained in the ballot paper refusal list.

31

In rule 57 (retention and public inspection of documents), after paragraph (2)(b) insert—

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

.

32

In rule 58 (disposal of documents in Scotland), after paragraph (2)(b) insert—

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

.

33

• (1) In the Appendix of Forms, the form of directions for the guidance of the voters in voting is amended as follows.

• (2) Before the existing paragraph 1 insert—

(1) You must satisfy the presiding officer about your identity by showing an approved form of ID.

• (3) The existing paragraphs numbered 1, 2, 3 and 4 are re-numbered 2, 3, 4 and 5 respectively.

Extension of Northern Ireland voter identification provisions to Great Britain

34

Section 2(3)(b) and (c) of the Elections (Northern Ireland) Act 1985, and section 2(1) of that Act so far as relating to those provisions, extend to England and Wales and to Scotland (as well as to Northern Ireland).

35

After section 7(4) of the Elections (Northern Ireland) Act 1985 insert—

(5) See also paragraph 34 of Schedule 1 to the Elections Act 2022 (which relates to section 2 of this Act).

36

Section 5(2) of the Electoral Fraud (Northern Ireland) Act 2002, and section 5(1) of that Act so far as relating to that provision, extend to England and Wales and to Scotland (as well as to Northern Ireland).

37

After section 8(5) of the Electoral Fraud (Northern Ireland) Act 2002 insert—

(6) See also paragraph 36 of Schedule 1 to the Elections Act 2022 (which relates to section 5 of this Act: disabled voters).

38

Section 13CZA of RPA 1983 (provision of false information: application for electoral identity card) extends to England and Wales and to Scotland (as well as to Northern Ireland).

39

After section 27(3) of the Northern Ireland (Miscellaneous Provisions) Act 2014 insert—

(4) See also paragraph 38 of Schedule 1 to the Elections Act 2022 (which relates to section 17 of this Act: electoral identity cards).

Consequential repeals

40

Section 2(2) of the Elections (Northern Ireland) Act 1985 is repealed.

Schedule 2

Amendments to the Representation of the People Act 1983

1

In section 53 of RPA 1983 (power to make regulations as to registration etc), in subsection (1)—

• (a) omit the “and” at the end of paragraph (b);

• (b) after paragraph (b) insert—

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

.

2

Schedule 2 to RPA 1983 (provision which may be contained in regulations as to registration etc) is amended in accordance with paragraphs 3 to 11.

3

• (1) Paragraph 1 is amended as follows.

• (2) In sub-paragraph (2A)—

• (a) omit “in Great Britain”;

• (b) in paragraph (a), for “or 10ZD” substitute “, 10ZD, 13BD, 13BE or 13C”;

• (c) in the closing words, for “paragraph 3ZA(5)” substitute “paragraphs 3ZA(5) and 3A(6)”.

• (3) After sub-paragraph (5) insert—

(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, 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.

4

• (1) Paragraph 1A is amended as follows.

• (2) In sub-paragraph (1)(a), for the words from the first “who is” to the end substitute “within sub-paragraph (1A),”.

• (3) After sub-paragraph (1) insert—

(1A) The following persons are within this sub-paragraph— (a) a person who is registered in a register maintained by the registration officer; (b) a person who is named in— (i) an application for registration in, or alteration of, a register, (ii) an application (including a partially completed application) under section 13BD, 13BE or 13C, or (iii) a relevant absent voting application. (1B) In sub-paragraph (1A)(b)(i), the reference to an application for registration in, or alteration of, a register includes a reference to a partially completed application submitted through the UK digital service.

• (4) After sub-paragraph (5) insert—

(6) In sub-paragraph (1), the reference to disclosing information includes, in relation to verifying information relating to a person who is named in a relevant registration application or a relevant absent voting application, references to disclosing evidence provided by a person in connection with the application. (7) In this paragraph— (a) “relevant absent voting application” means— (i) an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than an application in relation to a local government election, or local government elections, in Scotland or Wales, or (ii) an application (including a partially completed application) under section 6, 7 or 8 of the Representation of the People Act 1985; (b) “relevant registration application” means an application (including a partially completed application) for registration in, or alteration of— (i) a register of parliamentary electors, or (ii) a register of local government electors in England, and includes a form (or partially completed form) in connection with a canvass under section 10; (c) “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in sub-paragraph (1B) to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary. (8) A notice, including a partially completed notice, under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.

5

• (1) Paragraph 3ZA is amended as follows.

• (2) In sub-paragraph (1)—

• (a) for “or 10ZD” substitute “, 10ZD, 13BD or 13BE”;

• (b) in paragraph (b), after “applications” insert “and any such declarations”.

• (3) After sub-paragraph (2) insert—

(2A) Provision made under sub-paragraph (1) in relation to applications within sub-paragraph (2B) may include provision— (a) conferring functions on the Secretary of State to enable applications to be made in a particular manner; (b) authorising the Secretary of State, in prescribed circumstances, to complete applications in part for people. (2B) The following applications are within this sub-paragraph— (a) an application for registration in, or alteration of— (i) a register of parliamentary electors, (ii) a register of local government electors in England, or (iii) a register of local government electors in Scotland or Wales, where the application is submitted through the UK digital service; (b) an application under section 13BD or 13BE.

• (4) After sub-paragraph (3) insert—

(3A) Provision requiring a person making an application under section 13BD or 13BE to provide evidence that the person is the person named in the application.

• (5) In sub-paragraph (4), after “(3)” insert “or (3A)”.

• (6) In sub-paragraph (6), after “(3)” insert “or (3A)”.

• (7) After sub-paragraph (6) insert—

(7) In sub-paragraph (2B)(a)(iii), “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.

6

For paragraph 3A substitute—

(3A) (1) Provision about— (a) applications for registration in Northern Ireland and applications under section 13C, including in particular provision about— (i) the form and contents of applications and of any declarations to be made in connection with them; (ii) the manner in which applications and any such declarations are to be made; (b) the manner in which forms in connection with a canvass under section 10 are to be submitted. (2) Provision made under sub-paragraph (1) may include provision— (a) conferring functions on the Secretary of State or the Chief Electoral Officer for Northern Ireland to enable applications to be made, or forms to be submitted, in a particular manner; (b) conferring other functions on the Chief Electoral Officer for Northern Ireland; (c) conferring functions on the Electoral Commission; (d) authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications or forms in part for people. (3) Provision requiring a person making an application for registration in Northern Ireland— (a) to provide evidence that the person is the person named in the application; (b) to provide evidence of entitlement to be registered. (4) Provision requiring a person making an application under section 13C to provide evidence that the person is the person named in the application. (5) Provision made under sub-paragraph (3) or (4) must specify the kind of evidence that a person is required to provide. (6) Examples of the evidence that may be specified include a person’s date of birth or national insurance number. (7) Provision made under sub-paragraph (3) or (4) may require a person to provide the evidence to the Chief Electoral Officer for Northern Ireland or to some other prescribed person (or person of a prescribed description). (8) Provision about how any requirement for an applicant to provide a signature in connection with— (a) an application for registration in Northern Ireland, or (b) a form submitted in connection with a canvass under section 10, may be satisfied.

7

After paragraph 5 insert—

(5ZA) (1) Provision about the manner in which relevant absent voting applications are to be made. (2) Provision made under sub-paragraph (1) may include provision— (a) conferring functions on the Secretary of State, registration officers, or local or public authorities in Great Britain, to enable applications to be made in a particular manner; (b) conferring other functions on registration officers; (c) conferring functions on the Electoral Commission; (d) authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications in part for people. (3) Provision imposing requirements to be met in relation to a relevant absent voting application. (4) Provision about how any requirement for an applicant to provide a signature in connection with a relevant absent voting application may be satisfied. (5) In this paragraph “relevant absent voting application” has the same meaning as in paragraph 1A. (6) A notice under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.

8

In paragraph 8B(1), for “or 10ZD” substitute “, 10ZD, 13BD, 13BE or 13C”.

9

After paragraph 8B insert—

(8BA) (1) Provision requiring a registration officer in Great Britain to keep records of— (a) applications made to the officer under sections 13BD and 13BE; (b) documents issued by the officer under those sections. (2) Provision requiring the Chief Electoral Officer for Northern Ireland to keep records of— (a) applications made to the Chief Electoral Officer under section 13C; (b) electoral identity cards issued under that section. (3) Provision made under sub-paragraph (1) or (2) may include provision about information to be shown in a record. (4) Provision authorising or requiring a relevant registration officer— (a) to supply a copy of a record kept by the officer by virtue of provision made under sub-paragraph (1) or (2), or (b) to disclose information contained in such a record, to such persons and for such purposes as may be prescribed. (5) In sub-paragraph (4), “relevant registration officer” means— (a) in relation to a record referred to in sub-paragraph (1), a registration officer in Great Britain; (b) in relation to a record referred to in sub-paragraph (2), the Chief Electoral Officer for Northern Ireland.

10

In paragraph 8C(1)—

• (a) in paragraph (a), for “or 10A” substitute “, 10A, 13BD, 13BE or 13C”;

• (b) in paragraph (c), after “3ZA” insert “, 3A or 8BA”.

11

In paragraph 13, after sub-paragraph (1) insert—

(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.

Power to remove signature requirements

12

• (1) The Secretary of State may by regulations—

• (a) amend Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain) by removing any requirement for an application under paragraph 3, 4 or 7 of that Schedule, other than an excluded application, to contain the applicant’s signature;

• (b) amend section 6 or 7 of the Representation of the People Act 1985 (absent voting at parliamentary elections in Northern Ireland) by removing any requirement for an application under either of those sections to contain the applicant’s signature.

• (2) In sub-paragraph (1), “excluded application” means an application in relation to a local government election, or local government elections, in Scotland or Wales.

• (3) Regulations under sub-paragraph (1) may make—

• (a) different provision for different purposes;

• (b) consequential, supplementary, incidental, transitional, transitory or saving provision.

• (4) The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts.

• (5) Regulations under sub-paragraph (1) are to be made by statutory instrument.

• (6) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Power to make provision about unique reference numbers: elections in Northern Ireland

13

• (1) The Secretary of State may by regulations make provision about the issuing or use of unique reference numbers in connection with—

• (a) applications for registration in a register of parliamentary electors, or a register of local electors, in Northern Ireland;

• (b) applications to vote by post or proxy at parliamentary or local elections in Northern Ireland;

• (c) a canvass under section 10 of RPA 1983 (maintenance of registers: duty to conduct canvass in Northern Ireland).

• (2) Regulations under sub-paragraph (1) may in particular make provision—

• (a) amending or repealing section 10B of RPA 1983 or any other provision made by the Representation of the People Acts about unique reference numbers allocated under that section;

• (b) amending or repealing any provision made by the Elected Authorities (Northern Ireland) Act 1989 about such unique reference numbers;

• (c) changing how unique reference numbers are referred to in any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989.

• (3) Regulations under sub-paragraph (1) may make—

• (a) different provision for different purposes;

• (b) consequential, supplementary, incidental, transitional, transitory or saving provision.

• (4) The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989.

• (5) Regulations under sub-paragraph (1) are to be made by statutory instrument.

• (6) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Consequential repeals

14

The following are repealed—

• (a) section 2(2) of the Elections (Northern Ireland) Act 1985;

• (b) paragraph 24(5) of Schedule 1 to the Representation of the People Act 2000;

• (c) paragraph 20(4) of Schedule 4 to the Electoral Registration and Administration Act 2013.

Schedule 3

Representation of the People Act 2000

1

Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain) is amended as follows.

2

• (1) Paragraph 3 (absent vote at elections for definite or indefinite period) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) in the opening words, omit “(whether for an indefinite period or for a particular period specified in his application)”;

• (b) in paragraph (b), after “requirements” insert “and, in the case of an application to vote by post at local government elections in Scotland or Wales for a particular period, specifies the period.”

• (3) After sub-paragraph (1) insert—

(1A) Any grant of an application under sub-paragraph (1) to vote by post at parliamentary elections, or at local government elections in England, is to be for— (a) the period ending with the third 31 January following the date on which the application is granted, or (b) any shorter period specified in the application. (1B) But where the person is or will be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1A) does not apply and instead any grant of an application to vote by post at parliamentary elections is to be for— (a) the period ending with the 1 November until which, by virtue of section 1D(1)(a) or (3)(a) of the Representation of the People Act 1985, the person is entitled to remain registered in that register, or (b) any shorter period specified in the application.

• (4) In sub-paragraph (4)—

• (a) in paragraph (a)—

• (i) omit the “and” at the end of sub-paragraph (i), and

• (ii) omit sub-paragraph (ii);

• (b) after paragraph (a) insert—

(aa) in the case of those who may vote by post at parliamentary elections or at local government elections in England (or both), the period for which they may do so, (ab) in the case of— (i) those who may vote by post at local government elections in Scotland or Wales, or (ii) those who may vote by proxy, whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period),

.

• (5) In sub-paragraph (5)—

• (a) omit the “or” at the end of paragraph (c);

• (b) after paragraph (c) insert—

(ca) in the case of a person shown in the record as voting by post at parliamentary elections or at local government elections in England (or both), once the period for which the person is entitled to vote by post at elections of the kind in question has expired, or

;

• (c) in paragraph (d)—

• (i) for “or proxy” substitute “at local government elections in Scotland or Wales”, and

• (ii) after “particular period,” insert “or who applied to vote by proxy for a particular period,”.

• (6) In sub-paragraph (7)—

• (a) omit “(whether for an indefinite period or for a particular period specified in his application)”;

• (b) after “requirements” insert “and, in the case of an application to vote by post at local government elections in Scotland or Wales for a particular period, specifies the period”.

• (7) After sub-paragraph (7) insert—

(7A) Sub-paragraph (1A) applies to an application under sub-paragraph (7) to vote by post at parliamentary elections, or at local government elections in England, as it applies to an application under sub-paragraph (1) (but this is subject to sub-paragraph (7B)). (7B) Where an application under sub-paragraph (7) to vote by post at parliamentary elections is made by a person who is or will be entitled to be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1B) applies to the application as it applies to an application under sub-paragraph (1).

• (8) In the heading before paragraph 3, for “definite or indefinite” substitute “a”.

3

• (1) Paragraph 7 (voting as proxy) is amended as follows.

• (2) In sub-paragraph (4), in paragraph (a) omit “(whether for an indefinite period or for a particular period specified in his application)”.

• (3) In sub-paragraph (5), in paragraph (c) after “requirements” insert “and, in the case of an application to vote by post as proxy at local government elections in Scotland or Wales for a particular period, specifies the period”.

• (4) After sub-paragraph (5) insert—

(5A) Any grant of an application under sub-paragraph (4)(a) to vote by post as proxy at parliamentary elections, or at local government elections in England, is to be for— (a) the period ending with the third 31 January following the date on which the application is granted, or (b) any shorter period specified in the application.

• (5) In sub-paragraph (6)—

• (a) in paragraph (a)—

• (i) omit the “and” at the end of sub-paragraph (i), and

• (ii) omit sub-paragraph (ii) (including the “and” at the end);

• (b) after paragraph (a) insert—

(aa) in the case of those who may vote by post as proxy at parliamentary elections or at local government elections in England (or both), the period for which they may do so, (ab) in the case of those who may vote by post as proxy at local government elections in Scotland or Wales, whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period), and

.

• (6) In sub-paragraph (9)—

• (a) omit the “or” at the end of paragraph (c);

• (b) after paragraph (c) insert—

(ca) in the case of a person shown in the record as voting by post as proxy at parliamentary elections or at local government elections in England (or both), once the period for which the person is entitled to vote by post as proxy at elections of the kind in question has expired, or

;

• (c) in paragraph (d), after “as proxy” insert “at local government elections in Scotland or Wales”.

Transitional provision

4

• (1) This paragraph applies where, immediately before the day specified for the purposes of this paragraph (“the specified day”), a person has a relevant postal vote entitlement lasting for—

• (a) an indefinite period, or

• (b) a period that would expire after the end of 3 years beginning with the specified day.

• (2) A “relevant postal vote entitlement” means an entitlement, resulting from the grant of a pre-commencement application, to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both).

• (3) The person’s relevant postal vote entitlement ends on the applicable 31 January (unless it ends sooner).

• (4) “The applicable 31 January” means—

• (a) the third 31 January following the specified day, or

• (b) if sooner, the signature refresh date.

• (5) “The signature refresh date” means the 31 January by which the registration officer would be required to send the person a regulation 60A notice (assuming no change in the person’s entitlement or entitlements to vote by post or by proxy after the specified day, and disregarding sub-paragraph (9)).

• (6) As soon as practicable after the specified day, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (3) in the period for which the person’s relevant postal vote entitlement lasts.

• (7) The registration officer must, before the applicable 31 January, send the person—

• (a) a notice informing the person of the date on which the person’s relevant postal vote entitlement is to end, and

• (b) information about how to make a fresh application to vote by post (as elector or, as the case may be, as proxy).

• (8) Sub-paragraph (9) applies where, as a result of sub-paragraph (3), a person’s relevant postal vote entitlement is to end on the signature refresh date.

• (9) Any requirement to send the person a regulation 60A notice by the signature refresh date does not apply, unless—

• (a) the person has an entitlement (or entitlements) due to continue beyond that date—

• (i) to vote by post (whether as elector or proxy) at local government elections in Scotland or Wales,

• (ii) to vote by proxy at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both), or

• (iii) to vote by proxy at local government elections in Scotland or Wales, and

• (b) regulation 60A applies in relation to that entitlement (or those entitlements).

• (10) Expressions used in this paragraph and in Schedule 4 to RPA 2000 have the same meaning as in that Schedule.

• (11) This paragraph does not apply in relation to a person who is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration made at any time before the day on which section 14 comes fully into force (see instead Part 2 of Schedule 7).

• (12) In this paragraph—

• “pre-commencement application” means an application made under paragraph 3(1) or 7(4)(a) of Schedule 4 to RPA 2000 before the specified day;

• “register of parliamentary electors” means a register of parliamentary electors maintained under section 9 of RPA 1983;

• “regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2);

• “regulation 60A notice” means a notice under regulation 60A;

• “RPA 2000” means the Representation of the People Act 2000;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

Schedule 4

Representation of the People Act 1983

1

RPA 1983 is amended as follows.

2

• (1) Section 61 (other voting offences) is amended as follows.

• (2) After subsection (1) insert—

(1A) A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P— (a) at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors; (b) at a parliamentary election where— (i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration; (c) at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors; (d) at a local government election in England where— (i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration; (e) at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors; (f) at parliamentary elections where— (i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration; (g) at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors; (h) at local government elections in England, where— (i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and (ii) P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.

• (3) After subsection (3A) insert—

(3B) A person (“P”) is also guilty of an offence if P votes as proxy— (a) for more than four electors— (i) at a parliamentary election; (ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together; (iii) at a local government election in England; (iv) where the polls for two or more local government elections in England are held on the same day, at those elections taken together; (b) for more than two electors— (i) at a parliamentary election, or (ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together, where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration; (c) for more than two electors— (i) at a local government election in England, or (ii) where the polls for two or more local government elections in England are held on the same day, at those elections taken together, where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.

• (4) In subsection (4)—

• (a) omit “at a parliamentary election in any constituency or”;

• (b) after “any electoral area” insert “in Wales or Scotland”.

• (5) In subsection (6), after “subsection” insert “(3B) or”.

3

In section 202 (general provisions as to interpretation), in subsection (1), after the definition of “registered political party” insert—

• “service declaration” means a declaration made by a person under and in accordance with section 15;

.

4

• (1) Rule 35 of Schedule 1 (questions to be put to voters) is amended as follows.

• (2) In paragraph (1)—

• (a) omit “and” at the end of sub-paragraph (a);

• (b) insert “and” at the end of sub-paragraph (b);

• (c) after sub-paragraph (b) insert—

(c) must be put if— (i) the person has answered the previous question in the manner indicated, and (ii) the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:

.

• (3) The table following paragraph (1) is amended in accordance with sub-paragraphs (4) to (6).

• (4) In entry 2, in the column headed “Questions”, for question (c) substitute—

“Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R]If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R]If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R]At an election held in Northern Ireland, “What is your date of birth?”.

.

• (5) In entry 3, in the column headed “Questions”, for question (c) substitute—

“Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R]If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R]If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R]

.

• (6) Omit entry 4.

• (7) In paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

5

In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 5B insert—

(5C) (1) Provision as to the steps that the Chief Electoral Officer for Northern Ireland must take, before appointing a person as proxy to vote for another, to ensure that the appointment complies with section 8(2A) of the Representation of the People Act 1985. (2) Provision under sub-paragraph (1) may require a registration officer in Great Britain to provide information about whether the person has or will have an entry in a register of parliamentary electors maintained by the officer.

Representation of the People Act 1985

6

• (1) Section 8 of the Representation of the People Act 1985 (proxies at parliamentary elections in Northern Ireland) is amended as follows.

• (2) After subsection (2) insert—

(2A) A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election unless the person is or will be registered in a register of parliamentary electors in Great Britain or Northern Ireland.

• (3) In subsection (3)—

• (a) omit the “or” at the end of paragraph (a);

• (b) omit paragraph (b).

• (4) For subsection (5) substitute—

(5) A person— (a) is not entitled to vote as proxy at a parliamentary election on behalf of more than two electors who do not fall within subsection (5A), but (b) subject to paragraph (a), is entitled to vote as proxy at a parliamentary election on behalf of up to four electors. (5A) An elector falls within this subsection if the elector is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration. (5B) Where the polls for two or more parliamentary elections are held on the same day, references in subsection (5A) to a parliamentary election are to all of those elections taken together.

• (5) After subsection (7) insert—

(7A) The requirements prescribed under subsections (6) and (7) must include a requirement for an application to contain the proxy’s date of birth.

Representation of the People Act 2000

7

• (1) Paragraph 6 of Schedule 4 to the Representation of the People Act 2000 (proxies at parliamentary elections and local government elections in Great Britain) is amended as follows.

• (2) After sub-paragraph (5B) insert—

(5C) A person— (a) is not entitled to vote as proxy at a parliamentary election, or at a local government election in England, on behalf of more than two electors who do not fall within sub-paragraph (5D), but (b) subject to paragraph (a), is entitled to vote as proxy at any such election on behalf of up to four electors. (5D) An elector falls within this sub-paragraph— (a) in relation to a parliamentary election, if the elector is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration; (b) in relation to a local government election in England, if the elector is registered in a register of local government electors in England in pursuance of a service declaration. (5E) Where the polls for two or more parliamentary elections are held on the same day, references in sub-paragraph (5C) to a parliamentary election are to all of those elections taken together. (5F) Where the polls for two or more local government elections in England are held on the same day, references in sub-paragraph (5C) to a local government election in England are to all of those elections taken together.

• (3) In sub-paragraph (6)—

• (a) omit paragraph (a);

• (b) in paragraph (b), after “electoral area” insert “in Wales or Scotland”.

Termination of certain proxy appointments on the specified day

8

• (1) This paragraph applies where—

• (a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which paragraph 2(2) comes into force, and

• (b) the appointment has effect immediately before the specified day in relation to—

• (i) parliamentary elections in England and Wales or Scotland or local government elections in England (or both), or

• (ii) a particular parliamentary election in England and Wales or Scotland or local government election in England.

• (2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

• (3) The registration officer must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

• (a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

• (b) information about how to make a fresh application to vote by proxy.

• (4) As soon as practicable after the specified day, the registration officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

• (5) Where the specified day is 31 January in a particular year,sub-paragraph (6) applies in relation to a person who—

• (a) is entitled (before that day) to vote by proxy by means of the proxy appointment, and

• (b) falls within the category of persons in relation to whom the requirement to send a regulation 60A notice by that day applies.

• (6) The requirement to send the person a regulation 60A notice by the specified day does not apply, unless—

• (a) the person has an entitlement (or entitlements) due to continue beyond that day—

• (i) to vote by proxy at local government elections in Scotland or Wales,

• (ii) to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both), or

• (iii) to vote by post (whether as elector or proxy) at local government elections in Scotland or Wales, and

• (b) regulation 60A applies in relation to that entitlement (or those entitlements).

• (7) Nothing in sub-paragraph (2) affects the proxy appointment so far as it also relates to any election or elections other than those mentioned insub-paragraph (1)(b).

• (8) In this paragraph—

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “registration officer” has the meaning given by section 8(1) of RPA 1983;

• “regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2);

• “regulation 60A notice” means a notice under regulation 60A;

• “relevant absent voters’ records” means the records kept under paragraphs 3(4), 4(6) and 7(6) and (8) of Schedule 4 to RPA 2000;

• “RPA 2000” means the Representation of the People Act 2000;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

9

• (1) This paragraph applies where—

• (a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of this Schedule come into force, and

• (b) the appointment has effect immediately before the specified day in relation to—

• (i) parliamentary elections in Northern Ireland, or

• (ii) a particular parliamentary election in Northern Ireland.

• (2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

• (3) The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

• (a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

• (b) information about how to make a fresh application to vote by proxy.

• (4) As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

• (5) More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

• (6) In this paragraph—

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “relevant absent voters’ records” means the records kept under sections 6(3) and 9(6) and any lists under sections 7(4) and 9(9) of RPA 1985 which have not been published under regulation 66(3) of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741);

• “relevant provisions of this Schedule” means paragraphs 2(2) and 6(2);

• “RPA 1985” means the Representation of the People Act 1985;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

Termination of applications for certain proxy appointments on the specified day

10

• (1) An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

• (a) parliamentary elections in England and Wales or Scotland or local government elections in England (or both), or

• (b) a particular parliamentary election in England and Wales or Scotland or local government election in England.

• (2) The registration officer must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

• (3) Sub-paragraph (1) does not apply where the application was made on or after the day on which paragraph 2(2) comes into force.

• (4) Expressions used in this paragraph and in paragraph 8 have the same meaning as in that paragraph.

11

• (1) An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

• (a) parliamentary elections in Northern Ireland, or

• (b) a particular parliamentary election in Northern Ireland.

• (2) The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

• (3) Sub-paragraph (1) does not apply where the application was made on or after the day on which the relevant provisions come into force.

• (4) More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

• (5) Expressions used in this paragraph and in paragraph 9 have the same meaning as in that paragraph.

Schedule 5

Local Government Act 1972

1

The Local Government Act 1972 is amended as follows.

2

In section 80 (disqualifications for election and holding office as member of local authority), in subsection (1), after paragraph (e) insert

; or (f) is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence);

.

Local Government Act (Northern Ireland) 1972

3

In section 4 of the Local Government Act (Northern Ireland) 1972 (disqualifications), in subsection (1), after paragraph (e) insert—

(ea) the person is incapable of being elected to or holding— (i) the office of member of the House of Commons of the Parliament of the United Kingdom, having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983, article 69 of the Police and Crime Commissioner Elections Order 2012 or regulation 136 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (undue influence); (ii) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001) (undue influence); or

.

Representation of the People Act 1983

4

• (1) RPA 1983 is amended as follows.

• (2) In section 160 (persons reported personally guilty of corrupt or illegal practices)—

• (a) after subsection (4A) insert—

(4B) Subject to section 113(2) to (6) of the Electoral Law Act (Northern Ireland) 1962, a person reported by an election court personally guilty of a corrupt practice under paragraph 3 of Schedule 9 to that Act (undue influence)— (a) is, during the relevant period specified in subsection (5), incapable of being elected to the House of Commons, and (b) if already elected to a seat in the House of Commons, must vacate the seat as from the date of the report. (4C) In subsection (4B) “election court” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130 of that Act); and section 94(2) of that Act (persons treated as reported personally guilty) applies also for the purposes of subsection (4B).

;

• (b) in subsection (5), for “subsection (4)” substitute “subsections (4) and (4B)”.

• (3) In section 173 (incapacities on conviction for corrupt or illegal practice)—

• (a) after subsection (2) insert—

(2A) A person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence)— (a) is, during the relevant period specified in subsection (3), incapable of being elected to the House of Commons, and (b) if already elected to a seat in the House of Commons, must vacate the seat subject to and in accordance with subsections (4) and (5).

;

• (b) in subsection (3), for “subsection (1)(a)” substitute “subsections (1)(a) and (2A)(a)”;

• (c) in subsection (4), after “subsection (1)(b)” insert “or (2A)(b)”;

• (d) after subsection (7) insert—

(7A) If a person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence) has already been elected to a seat in the House of Commons, the person is (in addition to being subject to the incapacities mentioned in subsection (2A)(a) above and section 112(1)(a)(ii) of that Act) suspended from performing any of the functions of a Member of Parliament during the period of suspension specified in subsection (8).

;

• (e) in subsection (8), for “subsection (7)” substitute “subsections (7) and (7A)”;

• (f) after subsection (9) insert—

(9A) Any incapacity or other requirement applying to a person by virtue of subsection (2A) or (7A) applies in addition to any punishment imposed under section 108 of the Electoral Law Act (Northern Ireland) 1962; but each of those subsections has effect subject to section 113(2) to (6) of that Act.

Greater London Authority Act 1999

5

In section 21 of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member)—

• (a) omit the “or” after paragraph (d);

• (b) after paragraph (e) insert

; or (f) the person is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

Local Democracy, Economic Development and Construction Act 2009

6

In Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections), in paragraph 9(1), after paragraph (d) insert—

(e) is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

Police Reform and Social Responsibility Act 2011

7

In section 66 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner), in subsection (3)—

• (a) omit the “or” at the end of paragraph (c);

• (b) after paragraph (d) insert

; or (e) the person is incapable of being elected to or holding the office of— (i) member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

Schedule 6

Part 1 — Local elections in Northern Ireland

Electoral Law Act (Northern Ireland) 1962

1

The Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) is amended as follows.

2

In section 96 (provisions applying to all persons reported personally guilty of a corrupt or illegal practice)—

• (a) omit “or” at the end of subsection (3A)(b);

• (b) after subsection (3A)(b) insert—

(ba) a corrupt practice under paragraph 5ZA of that Schedule (handling of postal voting documents by political campaigners); or

.

3

In section 108 (penalties for corrupt practices), in subsection (4)(a)(i), for “or 4A”, in both places, substitute “, 4A or 5ZA”.

4

In section 112 (incapacities resulting from convictions for corrupt or illegal practices)—

• (a) omit “or” at the end of subsection (1A)(b);

• (b) after subsection (1A)(b) insert—

(ba) a corrupt practice under paragraph 5ZA of Schedule 9 (handling of postal voting documents by political campaigners); or

.

5

In section 114 (corrupt and illegal practices committed by agents), in subsection (1)(a), after “paragraph” insert “5ZA or”.

6

Schedule 5 (local elections rules) is amended in accordance with paragraphs 7 to 22.

7

In rule 5 (nomination of candidates), for paragraph (2A) substitute—

(2A) If a candidate— (a) commonly uses a surname that is different from any other surname the candidate has, (b) commonly uses a forename that is different from any other forename the candidate has, or (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names), the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

8

In rule 12 (publication of statement of persons nominated), in paragraph (2A)—

• (a) for “in addition to another name” substitute “in accordance with rule 5(2A)”;

• (b) for “any other name” substitute “the other surname or forename”.

9

After rule 16A insert—