Elections Act 2022

• (3) In section 5 (qualification of candidate for election to common council), in subsection (1), for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”.

• (4) In section 6 (qualification of voters at ward elections), in subsection (1), for “relevant citizens of the Union” substitute “qualifying EU citizens or EU citizens with retained rights”.

Local Government Act 1972

3

In section 79 of the Local Government Act 1972 (qualifications for election and holding office as member of local authority), as it extends to England and Wales and applies in relation to England—

• (a) in subsection (1), for “a relevant citizen of the Union” substitute “, in the case of a local authority in England, a qualifying EU citizen or an EU citizen with retained rights”;

• (b) for subsection (2A) substitute—

(2A) In this section “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).

Greater London Authority Act 1999

4

In section 20 of the Greater London Authority Act 1999 (qualification to be the Mayor or an Assembly member)—

• (a) in subsection (2)(c), for “relevant citizen of the Union” substitute “qualifying EU citizen or an EU citizen with retained rights”;

• (b) in subsection (8)—

• (i) omit the definitions of “citizen of the Union” and “relevant citizen of the Union”;

• (ii) in subsection (8), at the appropriate place insert—

• “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);

.

Local Democracy, Economic Development and Construction Act 2009

5

In Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas), in paragraph 8(3), for the definition of “qualifying citizen” substitute—

• “qualifying citizen” means a person who is—a qualifying Commonwealth citizen (within the meaning given by section 79 of the Local Government Act 1972),a citizen of the Republic of Ireland,a qualifying EU citizen (within the meaning given by section 203A of the Representation of the People Act 1983), oran EU citizen with retained rights (within the meaning given by section 203B of that Act).

Police Reform and Social Responsibility Act 2011

6

• (1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

• (2) In section 51(6C)(a) (election to fill vacancy in office of commissioner), for the words from “disqualified” to “Union” substitute

— (i) disqualified as a peer from voting as an elector at parliamentary elections, or (ii) a qualifying EU citizen, or an EU citizen with retained rights, who has attained the age of 18

.

• (3) In section 52(1C)(a) (persons entitled to vote), for the words from “disqualified” to the end substitute

— (i) disqualified as a peer from voting as an elector at parliamentary elections, or (ii) a qualifying EU citizen, or an EU citizen with retained rights, who has attained the age of 18,

.

• (4) In section 64(1C)(a) (disqualification from election as police and crime commissioner), for “relevant citizen of the Union” substitute “qualifying EU citizen or an EU citizen with retained rights”.

• (5) In section 68 (citizenship condition)—

• (a) in subsection (2)(c), for “citizen of the Union” substitute “qualifying EU citizen or an EU citizen with retained rights”;

• (b) omit subsection (5).

• (6) In section 102(1) (interpretation)—

• (a) omit the definition of “relevant citizen of the Union”;

• (b) at the appropriate place insert—

• “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);

.

Part 3 — Amendments in relation to certain elections in Northern Ireland

Electoral Law Act (Northern Ireland) 1962

7

In Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules), in the Appendix of Forms, in form 2 (consent to nomination), for “or a citizen of another Member State of the European Union” substitute “, qualifying EU citizen (within the meaning of section 203A of the Representation of the People Act 1983) or EU citizen with retained rights (within the meaning of section 203B of that Act)”.

Local Government Act (Northern Ireland) 1972

8

In section 3 of the Local Government Act (Northern Ireland) 1972 (qualifications)—

• (a) in subsection (1), for “or a relevant citizen of the Union” substitute “or a qualifying EU citizen or an EU citizen with retained rights”;

• (b) in subsection (2)—

• (i) omit from ““citizen of the Union” shall” to “Ireland; and”;

• (ii) after “election” insert “; and “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).”

Elected Authorities (Northern Ireland) Act 1989

9

• (1) The Elected Authorities (Northern Ireland) Act 1989 is amended as follows.

• (2) In section 1(1)(c) (local electors in Northern Ireland), for “or a relevant citizen of the Union” substitute “, a qualifying EU citizen or an EU citizen with retained rights”.

• (3) In section 10(1) (interpretation)—

• (a) omit the definitions of “citizen of the Union” and “relevant citizen of the Union”;

• (b) at the appropriate place insert—

• “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act);

.

• (4) In Part 1 of Schedule 1 (provisions of RPA 1983 applied to local elections), at the end insert—

• Sections 203A and 203B (meaning of “qualifying EU citizen” and “EU citizen with retained rights”).
• Schedule 6A (list of countries for the purposes of section 203A).

• (5) In Part 2 of Schedule 1 (modifications of provisions of RPA 1983 applied to local elections)—

• (a) in paragraph 7, before sub-paragraph (2) insert—

(1A) In section 4(3)(c)— (a) in sub-paragraph (i), omit “in relation to a local government election in England,”, and (b) omit sub-paragraph (ii) (and the “or” preceding it).

;

• (b) for paragraph 7A substitute—

(7A) In section 7B— (a) references to the United Kingdom are to be read as references to Northern Ireland; (b) in subsection (3)(e)— (i) in sub-paragraph (i), omit “in England,”, and (ii) omit sub-paragraph (ii) (and the “or” preceding it); (c) in subsection (7)(a)— (i) in sub-paragraph (i), omit “in England,”, and (ii) omit sub-paragraph (ii) (and the “or” preceding it).

;

• (c) before paragraph 12 insert—

(11A) In section 15(5)(a)— (a) in sub-paragraph (i), omit “in England,”, and (b) omit sub-paragraph (ii) (and the “or” preceding it). (11B) In section 17(1)(c)— (a) in sub-paragraph (i), omit “in England,”, and (b) omit sub-paragraph (ii) (and the “or” preceding it).

;

• (d) in paragraph 12, for paragraph (b) substitute—

(b) in subsection (5)— (i) in the first sentence, omit “, or entered in the list of proxies,”, (ii) in paragraph (b)(iiia), omit “in England or entered in the list of proxies”, and (iii) omit paragraph (b)(iv).

Northern Ireland Act 1998

10

• (1) Section 36 of the Northern Ireland Act 1998 (disqualification) is amended as follows.

• (2) After subsection (4) insert—

(4A) A person who is a qualifying EU citizen or an EU citizen with retained rights is disqualified for membership of the Assembly unless the person is resident for the purposes of section 4(3) of the Representation of the People Act 1983 in— (a) an electoral area in Great Britain, or (b) a district electoral area in Northern Ireland.

• (3) In subsection (7), for “citizen of the European Union” substitute “qualifying EU citizen or an EU citizen with retained rights”.

• (4) After subsection (7) insert—

(8) In this section, “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).

Northern Ireland Assembly (Elections) Order 2001

11

• (1) In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (application with modifications of RPA 1983 etc), the table is amended as follows.

• (2) In the right-hand column of the entry for section 49 of RPA 1983 (effect of registers), for the existing text substitute “In subsection (5)(b)(iiia), for “a local government elector in England” substitute “an elector””.

• (3) After the entry for section 202 of RPA 1983 insert—

Section 203A (meaning of “qualifying EU citizen”)
Section 203B (meaning of “EU citizen with retained rights”)

.

• (4) After the entry for Schedule 4A to RPA 1983 insert—

Schedule 6A (list of countries for purposes of section 203A)

.

Part 4 — Transitional provision etc

Holders of elected offices

12

• (1) This paragraph applies where—

• (a) immediately before the coming into force of a particular provision of this Schedule (the “relevant provision”), a person holds an office falling within sub-paragraph (4),

• (b) the person’s term in that office is due to continue after that time, and

• (c) apart from this paragraph, the person would become disqualified for continuing to hold that office as a result of the coming into force of the relevant provision.

• (2) The coming into force of the relevant provision does not affect the person’s qualification to continue holding that office until the end of their current term in that office.

• (3) For the purposes of this paragraph, a person is to be treated as holding an office from the time when the person is elected as, or declared to be returned as, the holder of the office (and accordingly the person’s term of office is to be treated as beginning at that time).

• (4) The following offices fall within this sub-paragraph—

• (a) member of the Northern Ireland Assembly;

• (b) member of a local authority in England;

• (c) elected mayor (within the meaning of Part 1A of the Local Government Act 2000);

• (d) mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• (da) mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (e) Mayor of London;

• (f) member of the London Assembly;

• (g) police and crime commissioner.

• (5) In sub-paragraph (4)(b), “local authority in England” means a county council in England, a district council, a parish council, a London borough council or the Council of the Isles of Scilly.

Power to make transitional and saving provision

13

• (1) The Secretary of State may by regulations make transitional or saving provision in connection with provision made by this Schedule.

• (2) Regulations under this paragraph may—

• (a) make provision modifying the effect of any statutory provision (including this Act);

• (b) make different provision for different purposes.

• (3) Regulations under this paragraph are to be made by statutory instrument.

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

• (5) Nothing in this paragraph affects the generality of section 67(4) (power to make transitional etc provision in connection with commencement).

Schedule 9

Part 1 — Common law offences

Offences under the law of England and Wales, Scotland and Northern Ireland

1

Kidnapping.

2

Murder.

Offences under the law of England and Wales and Northern Ireland

3

False imprisonment.

4

Manslaughter.

Offences under the law of Scotland

5

Abduction.

6

Assault to the danger of life.

7

Assault to severe injury.

8

Assault with intent to rape or ravish.

9

Assault other than a kind listed in paragraphs 6 to 8.

10

Breach of the peace.

11

Culpable homicide.

12

Culpable and reckless conduct.

13

Culpable and reckless endangering of the public.

14

Culpable and reckless fire-raising.

15

Drugging.

16

Extortion.

17

Malicious mischief.

18

Mobbing and rioting.

19

Uttering threats.

20

Wilful fire-raising.

Offences under the law of Northern Ireland

21

Affray.

22

Riot.

Part 2 — Statutory offences

Offences against the Person Act 1861

23

An offence under any of the following provisions of the Offences against the Person Act 1861—

• (a) section 4 (soliciting murder);

• (b) section 16 (threats to kill);

• (c) section 18 (wounding with intent);

• (d) section 20 (inflicting bodily injury, with or without weapon);

• (e) section 21 (attempting to choke etc in order to commit any indictable offence);

• (f) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

• (g) section 28 (causing bodily injury by explosives);

• (h) section 29 (using explosives etc with intent to do grievous bodily harm);

• (i) section 30 (placing explosives with intent to do bodily injury);

• (j) section 35 (drivers of carriages injuring persons by furious driving);

• (k) section 42 (common assault or battery);

• (l) section 47 (assault occasioning bodily harm).

Explosive Substances Act 1883

24

An offence under either of the following provisions of the Explosive Substances Act 1883—

• (a) section 2 (causing explosion likely to endanger life or property);

• (b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

Theft Act 1968

25

An offence under any of the following provisions of the Theft Act 1968—

• (a) section 9, where the offence is burglary with intent to—

• (i) inflict grievous bodily harm on a person, or

• (ii) do unlawful damage to a building or anything in it;

• (b) section 10 (aggravated burglary);

• (c) section 12A (aggravated vehicle-taking);

• (d) section 21 (blackmail).

Theft Act (Northern Ireland) 1969

26

An offence under any of the following provisions of the Theft Act (Northern Ireland) 1969—

• (a) section 9, where the offence is burglary with intent to—

• (i) inflict grievous bodily harm on a person, or

• (ii) do unlawful damage to a building or anything in it;

• (b) section 10 (aggravated burglary);

• (c) section 20 (blackmail).

Criminal Damage Act 1971

27

An offence under any of the following provisions of the Criminal Damage Act 1971—

• (a) section 1(1) (destroying or damaging property);

• (b) section 1(2) (destroying or damaging property intending, or being reckless as to, endangerment of life);

• (c) section 1(3) (arson);

• (d) section 2 (threats to destroy or damage property).

Protection from Eviction Act 1977

28

An offence under section 1 of the Protection from Eviction Act 1977 (unlawful eviction and harassment of occupier).

Criminal Law Act 1977

29

An offence under either of the following provisions of the Criminal Law Act 1977—

• (a) section 6 (violence for securing entry);

• (b) section 51 (bomb hoaxes).

Criminal Damage (Northern Ireland) Order 1977

30

An offence under any of the following provisions of the Criminal Damage (Northern Ireland) Order 1977—

• (a) article 3(1) (destroying or damaging property);

• (b) article 3(2) (destroying or damaging property intending, or being reckless as to, endangerment of life);

• (c) article 3(3) (arson);

• (d) article 4 (threats to destroy or damage property).

Rent (Northern Ireland) Order 1978

31

An offence under article 54 of the Rent (Northern Ireland) Order 1978 (unlawful eviction and harassment of occupier).

Road Traffic (Northern Ireland) Order 1981

32

An offence under article 172A or 172B of the Road Traffic (Northern Ireland) Order 1981 (aggravated vehicle taking).

Taking of Hostages Act 1982

33

An offence under section 1 of the Taking of Hostages Act 1982 (hostage taking).

Rent (Scotland) Act 1984

34

An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

Public Order Act 1986

35

An offence under any of the following provisions of the Public Order Act 1986—

• (a) section 1 (riot);

• (b) section 2 (violent disorder);

• (c) section 3 (affray);

• (d) section 4 (using threatening or abusive words or behaviour etc with intent to cause fear of violence etc);

• (e) section 4A (intentional harassment, alarm or distress);

• (f) section 5 (using threatening or abusive words or behaviour within the hearing or sight of someone likely to be caused alarm or distress);

• (g) section 18 (racial hatred: use of words or behaviour or display of written material);

• (h) section 19 (racial hatred: publishing or distributing written material);

• (i) section 20 (racial hatred: public performance of play);

• (j) section 21 (racial hatred: distributing, showing or playing a recording);

• (k) section 22 (racial hatred: broadcasting or including programme in programme service);

• (l) section 29B (religious hatred or hatred on the grounds of sexual orientation: use of words or behaviour or display of written material);

• (m) section 29C (religious hatred or hatred on the grounds of sexual orientation: publishing or distributing written material);

• (n) section 29D (religious hatred or hatred on the grounds of sexual orientation: public performance of play);

• (o) section 29E (religious hatred or hatred on the grounds of sexual orientation: distributing, showing or playing a recording);

• (p) section 29F (religious hatred or hatred on the grounds of sexual orientation: broadcasting or including programme in programme service).

Public Order (Northern Ireland) Order 1987

36

An offence under any of the following provisions of the Public Order (Northern Ireland) Order 1987—

• (a) article 9 (racial hatred: use of words or behaviour or display of written material);

• (b) article 10 (racial hatred: publishing or distributing written material);

• (c) article 11 (racial hatred: distributing, showing or playing a recording);

• (d) article 12 (racial hatred: broadcasting or including programme in programme service);

• (e) article 18(1)(a) (disorderly behaviour);

• (f) article 18(1)(b) (breach of the peace);

• (g) article 18(3) (riotous behaviour).

Criminal Justice Act 1988

37

An offence under either of the following provisions of the Criminal Justice Act 1988—

• (a) section 39(1) (common assault or battery);

• (b) section 134 (torture).

Malicious Communications Act 1988

38

An offence under section 1 of the Malicious Communications Act 1988 (sending communications with intent to cause distress or anxiety).

Malicious Communications (Northern Ireland) Order 1988

39

An offence under article 3 of the Malicious Communications (Northern Ireland) Order 1988 (sending communications with intent to cause distress or anxiety).

Trade Union and Labour Relations (Consolidation) Act 1992

40

An offence under section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance by violence or otherwise).

Criminal Justice and Public Order Act 1994

41

An offence under section 68 of the Criminal Justice and Public Order Act 1994 (aggravated trespass).

Criminal Law (Consolidation) (Scotland) Act 1995

42

An offence under either of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

• (a) section 50A (racially aggravated harassment);

• (b) section 52 (vandalism).

Protection from Harassment Act 1997

43

An offence under any of the following provisions of the Protection from Harassment Act 1997—

• (a) section 2 (harassment);

• (b) section 2A (stalking);

• (c) section 4 (harassment involving putting a person in fear of violence);

• (d) section 4A (stalking involving putting a person in fear of violence).

Protection from Harassment (Northern Ireland) Order 1997

44

An offence under either of the following provisions of the Protection from Harassment (Northern Ireland) Order 1997—

• (a) article 4 (harassment);

• (b) article 6 (course of conduct involving putting someone in fear of violence).

Crime and Disorder Act 1998

45

An offence under any of the following provisions of the Crime and Disorder Act 1998—

• (a) section 29 (racially or religiously aggravated assault);

• (b) section 30 (racially or religiously aggravated criminal damage);

• (c) section 31 (racially or religiously aggravated offences under section 4, 4A or 5 of the Public Order Act 1986);

• (d) section 32 (racially or religiously aggravated harassment or stalking).

Communications Act 2003

46

An offence under section 127 of the Communications Act 2003 (improper use of public electronic communications network).

Sexual Offences Act 2003

47

An offence under any of the following provisions of the Sexual Offences Act 2003—

• (a) section 1 (rape);

• (b) section 2 (assault by penetration);

• (c) section 3 (sexual assault);

• (d) section 62 (committing an offence with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under section 1, 2, 3 or 66;

• (e) section 63 (trespass with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under section 1, 2, 3 or 66;

• (f) section 66 (exposure).

• (g) section 66A (sending etc photograph or film of genitals).

Sexual Offences (Northern Ireland) Order 2008

48

An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008—

• (a) article 5 (rape);

• (b) article 6 (assault by penetration);

• (c) article 7 (sexual assault);

• (d) article 66 (committing an offence with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under article 5, 6, 7 or 70;

• (e) article 67 (trespass with intent to commit a relevant sexual offence) where the relevant sexual offence is an offence under article 5, 6, 7 or 70;

• (f) article 70 (exposure).

Sexual Offences (Scotland) Act 2009 (asp 9)

49

An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

• (a) section 1 (rape);

• (b) section 2 (sexual assault by penetration);

• (c) section 3 (sexual assault);

• (d) section 8 (sexual exposure).

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

50

An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

• (a) section 38 (threatening or abusive behaviour);

• (b) section 39 (stalking).

Serious Crime Act 2015

51

An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

Hate Crime and Public Order (Scotland) Act 2021 (asp 14)

52

An offence under section 3 of the Hate Crime and Public Order (Scotland) Act 2021 (racially aggravated harassment).

Part 3 — Inchoate offences

53

• (1) An inchoate offence in relation to an offence listed in Part 1 or 2 of this Schedule.

• (2) In sub-paragraph (1), inchoate offence, in relation to an offence, means—

• (a) an attempt to commit the offence,

• (b) conspiracy to commit the offence,

• (c) an offence under Part 2 of the Serious Crime Act 2007 related to the offence, or

• (d) incitement to commit the offence.

• (3) For the purposes of sub-paragraph (2)(c), an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.

Schedule 10

Electoral Law Act (Northern Ireland) 1962

1

• (1) Schedule 5 to the Electoral Law Act (Northern Ireland) 1962 (local elections rules) is amended as follows.

• (2) In rule 10(2) (validity of nomination papers), after sub-paragraph (b) insert—

(c) that an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc) has effect in relation to the candidate.

• (3) In the Appendix of Forms, in form 2 (consent to nomination), after “printed overleaf” insert “, or by reason of an order under section 30 of the Elections Act 2022”.

Local Government Act 1972

2

• (1) The Local Government Act 1972 is amended as follows.

• (2) In section 85(3A) (vacation of office by failure to attend meetings), after “2000” insert “, or suspended under section 31(4) of the Elections Act 2022,”.

• (3) In section 86 (declaration by local authority of vacancy), in subsection (1)(b), after “1983” insert “, or by virtue of an order under section 30 of the Elections Act 2022”.

• (4) In section 87 (date of casual vacancies)—

• (a) in subsection (1), before paragraph (e) insert—

(db) in the case of a disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);

;

• (b) after subsection (1) insert—

(1A) In a case where subsection (1)(db) and one or both of subsections (1)(d) and (1)(da) apply in relation to a vacancy, the vacancy is to be deemed to have occurred on the date mentioned in subsection (1)(db).

Local Government Act (Northern Ireland) 1972

3

• (1) The Local Government Act (Northern Ireland) 1972 is amended as follows.

• (2) In section 9(4) (vacation of office on account of non-attendance), after “2014” insert “, or suspended under section 31(4) of the Elections Act 2022,”.

• (3) In section 10 (declaration of vacancy in office)—

• (a) the existing text becomes subsection (1);

• (b) in paragraph (a) of that subsection, after “illegal practices” insert “, or of an order under section 30 of the Elections Act 2022”;

• (c) after that subsection insert—

(2) Where a councillor becomes disqualified for being a councillor by reason of both— (a) an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), and (b) section 4(1)(cc) (disqualification by reason of imprisonment etc for an offence), section 31 of the Elections Act 2022 (vacation of office) applies in relation to the vacation of the office (and accordingly subsection (1) does not apply).

Representation of the People Act 1983

4

• (1) Schedule 1 to RPA 1983 (parliamentary election rules) is amended as follows.

• (2) In rule 12(2)(c) (validity of nomination), after “1981” insert “or by virtue of an order under section 30 of the Elections Act 2022”.

Northern Ireland Act 1998

5

• (1) The Northern Ireland Act 1998 is amended as follows.

• (2) In section 37(4) (effect of disqualification)—

• (a) after “etc)” insert “and section 31 of the Elections Act 2022 (disqualification of offenders for holding elective office etc)”;

• (b) for “that section” substitute “either of those sections”.

Greater London Authority Act 1999

6

• (1) The Greater London Authority Act 1999 is amended as follows.

• (2) In section 6(5) (Assembly members: failure to attend meetings), after “2000” insert “, or suspended under section 31(4) of the Elections Act 2022,”.

• (3) In section 7(b) (Assembly members: declaration of vacancy in certain cases), after sub-paragraph (ia) insert—

(ib) by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc),

.

• (4) In section 9 (Assembly members: date of casual vacancies)—

• (a) in subsection (1), after paragraph (f) insert—

(fa) in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);

;

• (b) after subsection (1) insert—

(1A) In a case where subsection (1)(fa) and (f) (in the case of a conviction) apply in relation to a vacancy, the vacancy is to be regarded as occurring on the date mentioned in subsection (1)(fa).

• (5) In section 13(2) (Mayor: failure to attend meetings), after “2000” insert “, or suspended under section 31(4) of the Elections Act 2022,”.

• (6) In section 14(b) (Mayor: declaration of vacancy in certain cases), after sub-paragraph (ia) insert—

(ib) by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc),

.

Government of Wales Act 2006

7

• (1) The Government of Wales Act 2006 is amended as follows.

• (2) In section 18 (effect of disqualification)—

• (a) in subsection (5), before paragraph (b) insert—

(aa) section 31 of the Elections Act 2022 (disqualification of offenders for holding elective office etc);

;

• (b) in subsection (6), for “the provision” substitute “either of the provisions”.

• (3) In Part 1 of Schedule 1A (categories of persons disqualified), after paragraph 6 insert—

(6A) A person subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).

Armed Forces Act 2006

8

• (1) The Armed Forces Act 2006 is amended as follows.

• (2) After section 236 insert—

(236A) (1) This section applies where— (a) a person (“the offender”) is convicted of a qualifying section 42 offence by a court, (b) the offender was aged 18 or over when the offence was committed, and (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022. (2) The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made— (a) for being nominated for election to a relevant elective office, and (b) for being elected to or holding a relevant elective office. (3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order. (4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022 if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of those sections, or (b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such. (5) For the purposes of subsection (4) it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection. (6) For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the parties to the proceedings. (7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted. (8) Where a qualifying section 42 offence is found to have been committed— (a) over a period of 2 or more days, or (b) at some time during a period of 2 or more days, it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days. (9) For the purposes of any appeal against a disqualification order— (a) references in section 141 to a finding or punishment include the making of a disqualification order; (b) references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making a disqualification order. (10) In this section— - “court” means the court or officer sentencing the offender; - “presumed” means presumed by the offender; - “qualifying section 42 offence” means an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 9 to the Elections Act 2022; - “relevant elective office” has the same meaning as in Part 5 of the Elections Act 2022 (see section 37 of that Act). (236B) References (however expressed) in any enactment to an order under section 30 of the Elections Act 2022 include references to an order under section 236A.

Police Reform and Social Responsibility Act 2011

9

• (1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

• (2) In section 59 (date of vacancy in office of commissioner)—

• (a) in subsection (1), after paragraph (d) insert—

(e) in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc).

;

• (b) after subsection (2) insert—

(2A) In a case where subsection (1)(e) and (d) (in the case of a disqualification by virtue of section 66(3)(c)) apply in relation to a vacancy, the vacancy is to be regarded as occurring on the date mentioned in subsection (1)(e).

Sentencing Act 2020

10

• (1) The Sentencing Act 2020 is amended as follows.

• (2) In section 379(1) (other behaviour orders etc), after the entry for the Psychoactive Substances Act 2016 insert—

Elections Act 2022	Elections Act 2022	Elections Act 2022
section 30	disqualification order	Schedule 9 offence within the meaning of section 30 of that Act.

Schedule 11

Candidates etc at parliamentary, Northern Ireland Assembly and local elections

1

• (1) This paragraph applies if—

• (a) apart from this paragraph, a candidate at an election, or an election agent of such a candidate, would be guilty of an offence under section 48(1),

• (b) the election is—

• (i) a parliamentary election,

• (ii) an election to the Northern Ireland Assembly,

• (iii) a local government election within the meaning of section 191 or 203 of RPA 1983,

• (iv) an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor, ...

• (v) an election for the return of a mayor for the area of a combined authority, or

• (vi) an election for the return of a mayor for the area of a combined county authority, and

• (c) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

• (i) section 43(4) as it applies to candidates at the election, or

• (ii) section 45(5) as it applies to candidates at the election.

• (2) The candidate or election agent is instead guilty of an illegal practice.

• (3) RPA 1983 applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of section 110(12) (details to appear on election publications) of that Act.

• (4) In sub-paragraph (3) references to RPA 1983 include references to that Act—

• (a) as it applies in relation to elections to the Northern Ireland Assembly by virtue of the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599),

• (b) as it applies in relation to an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor by virtue of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), ...

• (c) as it applies in relation to an election for the return of a mayor for the area of a combined authority by virtue of the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), and

• (d) as it applies in relation to an election for the return of a mayor for the area of a combined county authority by virtue of regulations under paragraph 12(1) of Schedule 2 to the Levelling-up and Regeneration Act 2023.

• (5) In this paragraph “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

• (6) In this paragraph “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

Candidates etc at elections to the Scottish Parliament

2

• (1) This paragraph applies if—

• (a) apart from this paragraph, a candidate at an election to the Scottish Parliament, or an election agent of such a candidate, would be guilty of an offence under section 48(1), and

• (b) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

• (i) section 43(4) as it applies to candidates at the election, or

• (ii) section 45(5) as it applies to candidates at the election.

• (2) The candidate or election agent is instead guilty of an illegal practice.

• (3) The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of article 72(12) of that Order (details to appear on election publications).

Candidates etc at elections to Senedd Cymru

3

• (1) This paragraph applies if—

• (a) apart from this paragraph—

• (i) a constituency or individual candidate at an election to Senedd Cymru or an election agent of such a candidate, or

• (ii) a party list candidate at an election to Senedd Cymru or the election agent of a registered party in relation to that party's list at such an election,

would be guilty of an offence under section 48(1), and

• (b) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

• (i) section 43(4) as it applies to candidates at the election, or

• (ii) section 45(5) as it applies to candidates at the election.

• (2) The candidate or election agent is instead guilty of an illegal practice.

• (3) The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) (W. 150) applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of article 78(13) of that Order (printer’s name and address on election publications).

• (4) In this paragraph “constituency candidate”, “individual candidate” and “party list candidate” have the same meanings as in that Order (see article 2).

Candidates etc at local elections in Scotland

4

• (1) This paragraph applies if—

• (a) apart from this paragraph, a candidate at an election, or an election agent of such a candidate, would be guilty of an offence under section 48(1),

• (b) the election is a local government election within the meaning of section 204 of RPA 1983, and

• (c) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

• (i) section 43(4) as it applies to candidates at the election, or

• (ii) section 45(5) as it applies to candidates at the election.

• (2) The candidate or election agent is instead guilty of an illegal practice.

• (3) RPA 1983 applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of section 110A(14) of that Act (details to appear on election publications).

Candidates etc at local elections in Northern Ireland

5

• (1) This paragraph applies if—

• (a) apart from this paragraph, a candidate at an election, or an election agent of such a candidate, would be guilty of an offence under section 48(1),

• (b) the election is a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act), and

• (c) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

• (i) section 43(4) as it applies to candidates at the election, or

• (ii) section 45(5) as it applies to candidates at the election.

• (2) The candidate or election agent is instead guilty of an illegal practice.

• (3) The Electoral Law Act (Northern Ireland) 1962 applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of paragraph 14 of Schedule 9 to that Act (electoral misdemeanours).

Candidates at police and crime commissioner elections

6

• (1) This paragraph applies if—

• (a) apart from this paragraph, a candidate at an election of a police and crime commissioner, or an election agent of such a candidate, would be guilty of an offence under section 48(1), and

• (b) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

• (i) section 43(4) as it applies to candidates at the election, or

• (ii) section 45(5) as it applies to candidates at the election.

• (2) The candidate or election agent is instead guilty of an illegal practice.

• (3) The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of article 64(12) of that Order (details to appear on election publications).

MPs and recall petitions

7

• (1) This paragraph applies if—

• (a) apart from this paragraph, an MP within the meaning of the Recall of MPs Act 2015 would be guilty of an offence under section 48(1), and

• (b) the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within section 45(7).

• (2) The MP is instead guilty of an illegal practice.

• (3) The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295) apply in relation to the MP and the illegal practice as they apply in relation to an MP and an illegal practice by virtue of regulation 131(9) of those regulations (details to appear on petition publications).

Schedule 12

Supply of information etc

1

• (1) A relevant enforcer may give notice in writing to any person requiring the person to provide a relevant enforcer, or a person authorised by a relevant enforcer, with any information which—

• (a) is identified in the notice, and

• (b) is reasonably required by a relevant enforcer for the purposes of—

• (i) determining whether electronic material has been published in contravention of section 41, or

• (ii) making contact with the promoter of the material or the person on behalf of whom the material has been published (and who is not the promoter).

• (2) A relevant enforcer may give notice in writing to any person requiring the person to provide a relevant enforcer, or a person authorised by a relevant enforcer, with a copy of any electronic material which—

• (a) is identified in the notice, and

• (b) is reasonably required by a relevant enforcer for the purposes of determining whether electronic material has been published in contravention of section 41.

• (3) A person to whom a notice is given under this paragraph must comply with it within such reasonable time as is specified in the notice.

• (4) A relevant enforcer may by notice in writing withdraw or vary a notice under this paragraph at any time.

Court order for disclosure of information etc

2

• (1) This paragraph applies if a relevant enforcer has given a notice under paragraph 1(1) requiring any information to be provided.

• (2) The High Court or (in Scotland) the Court of Session may make an information disclosure order against a person (“the respondent”) if satisfied on an application by a relevant enforcer that there is information identified in the notice under paragraph 1(1) which—

• (a) has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently),

• (b) is reasonably required by a relevant enforcer for a purpose within paragraph1(1)(b), and

• (c) the respondent is able to provide.

• (3) An information disclosure order is an order requiring the respondent to provide to a relevant enforcer, within such time as is specified in the order, such information falling within sub-paragraph (2)(b) as is identified in the order.

3

• (1) This paragraph applies if a relevant enforcer has given a notice under paragraph 1(2) requiring any electronic material to be provided.

• (2) The High Court or (in Scotland) the Court of Session may make an electronic material disclosure order against a person (“the respondent”) if satisfied on an application by a relevant enforcer that there is electronic material referred to in the notice under paragraph 1(2) a copy of which—

• (a) has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently),

• (b) is reasonably required by a relevant enforcer for the purposes of determining whether electronic material has been published in contravention of section 41, and

• (c) the respondent is able to provide.

• (3) An electronic material disclosure order is an order requiring the respondent to provide to a relevant enforcer, within such time as is specified in the order, a copy of such electronic material falling within sub-paragraph (2)(b) as is identified in the order.

Power to make copies and records

4

A relevant enforcer, or a person authorised by a relevant enforcer, may make copies or records of any information or material provided under this Schedule.

Authorisation to be in writing

5

An authorisation of a person by a relevant enforcer under this Schedule must be in writing.

Legal professional privilege

6

Nothing in this Schedule requires a person to provide anything in respect of which a claim to legal professional privilege (or in Scotland to confidentiality of communications) could be maintained in legal proceedings.

Admissibility of information

7

• (1) Information provided by a person (“P”) in compliance with a requirement imposed under this Schedule is admissible in evidence in any proceedings (as long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question).

• (2) But in criminal proceedings in which P is charged with an offence other than one to which sub-paragraph (3) applies or in proceedings within sub-paragraph (4) to which both the Commission and P are parties—

• (a) no evidence relating to the information is admissible against P, and

• (b) no question relating to the information may be asked on behalf of the prosecution or (as the case may be) the Commission in cross-examination of P,

unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of P.

• (3) This sub-paragraph applies to—

• (a) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);

• (b) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);

• (c) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

• (4) Proceedings are within this sub-paragraph if they arise out of the exercise by the Commission of any of their powers under Schedule 19C to PPERA.

Application of restrictions on disclosure

8

• (1) A disclosure of information pursuant to a requirement under this Schedule does not breach—

• (a) any obligation of confidence owed by the person making the disclosure, or

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

• (2) A duty imposed by virtue of this Schedule does not require a person to disclose information if to do so would contravene the data protection legislation (but in determining whether the disclosure would do so, the duty imposed by virtue of this Schedule is to be taken into account).

• (3) In sub-paragraph (2) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Meaning of “relevant enforcer”

9

In this Schedule “relevant enforcer” means the Electoral Commission or a constable.

Restriction of period for which person can apply for postal vote

Power to make regulations about registration, absent voting and other matters

Restriction of period for which person can apply for postal vote

Handling of postal voting documents by political campaigners

Handing in postal voting documents

Limit on number of electors for whom a proxy can vote

Requirement of secrecy

Undue influence

Assistance with voting for persons with disabilities

Candidate nomination paper: commonly used names

Home address form: statement of local authority area

Local elections and Assembly elections in Northern Ireland

Simple majority system to be used in elections for certain offices

Extension of franchise for parliamentary elections: British citizens overseas

Voting and candidacy rights of EU citizens

Strategy and policy statement

Examination of duty to have regard to strategy and policy statement

Membership of the Speaker’s Committee

Criminal proceedings

Notional expenditure: use of property etc on behalf of candidates and others

Codes of practice on expenses

Authorised persons not required to pay expenses through election agent

Declaration of assets and liabilities to be provided on application for registration

Prohibition on entities being registered political parties and recognised third parties at same time

Section 24: transitional provision

Restriction on which third parties may incur controlled expenditure

Third parties capable of giving notification for purposes of Part 6 of PPERA

Recognised third parties: changes to existing limits etc

Code of practice on controls relating to third parties

Disqualification orders

Vacation of office etc

Candidates etc

Holders of relevant elective offices

Campaigners

Election etc of a person to the House of Commons who is subject to a disqualification order

Power to amend Schedule 9

Interpretation of Part

Minor and consequential amendments

Definitions relating to electronic material and publication

Definitions relating to parties etc

Requirement to include information with electronic material

Electronic material to which section 41 applies: paid-for material

Purposes referred to in section 42

Electronic material to which section 41 applies: other electronic material

Purposes referred to in section 44

Electronic material relating to more than one candidate or future candidate

Exceptions to section 41

Offence of breaching section 41

Order to take down electronic material in breach of section 41

Enforcement by the Commission

Notice to take down electronic material in breach of section 41

Further provision about notice under section 51

Supply of information

Guidance

Information in Commission’s annual report

Notices

Proceedings for an offence under this Part

Offences committed by bodies corporate

Offences committed by unincorporated associations etc

Regulations under this Part

Meaning of “the Commission”

Review of operation of Act

Amendments of RPA 1983

Offences under the law of England and Wales, Scotland and Northern Ireland

Candidates etc at elections to the Scottish Parliament

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

Consequential repeals

Representation of the People Act 2000

Transitional provision

Representation of the People Act 1983

Representation of the People Act 1985

Representation of the People Act 2000

Termination of certain proxy appointments on the specified day

Termination of applications for certain proxy appointments on the specified day

Local Government Act 1972

Local Government Act (Northern Ireland) 1972

Representation of the People Act 1983

Greater London Authority Act 1999

Local Democracy, Economic Development and Construction Act 2009

Police Reform and Social Responsibility Act 2011

Electoral Law Act (Northern Ireland) 1962

Local Elections (Northern Ireland) Order 1985

Elected Authorities (Northern Ireland) Act 1989

Elections Act 2001

Transitional provisions relating to proxy voting

Consequential repeals

Northern Ireland Assembly (Elections) Order 2001

Transitional provisions relating to proxy voting

Representation of the People Act 1983

Representation of the People Act 1985

Finance Act 1996

Income Tax Act 2007

Constitutional Reform and Governance Act 2010

Police Reform and Social Responsibility Act 2011

House of Lords Reform Act 2014

Consequential repeals

Crime and Disorder Act 1998

Pre-commencement applications for registration in a register of parliamentary electors

Overseas electors registered pursuant to pre-commencement applications

Postal voting

Power to make supplementary provision

Promoting awareness of changes to overseas elector franchise

City of London (Various Powers) Act 1957

Local Government Act 1972

Greater London Authority Act 1999

Local Democracy, Economic Development and Construction Act 2009

Police Reform and Social Responsibility Act 2011

Electoral Law Act (Northern Ireland) 1962

Local Government Act (Northern Ireland) 1972

Elected Authorities (Northern Ireland) Act 1989

Criminal Justice Act 1988

Northern Ireland Assembly (Elections) Order 2001

Holders of elected offices

Power to make transitional and saving provision

Offences under the law of England and Wales, Scotland and Northern Ireland

Offences under the law of England and Wales and Northern Ireland

Offences under the law of Scotland

Offences under the law of Northern Ireland

Offences against the Person Act 1861

Explosive Substances Act 1883

Theft Act 1968

Theft Act (Northern Ireland) 1969

Criminal Damage Act 1971

Protection from Eviction Act 1977

Criminal Law Act 1977

Criminal Damage (Northern Ireland) Order 1977

Rent (Northern Ireland) Order 1978

Road Traffic (Northern Ireland) Order 1981

Taking of Hostages Act 1982

Rent (Scotland) Act 1984

Public Order Act 1986

Public Order (Northern Ireland) Order 1987

Criminal Justice Act 1988

Malicious Communications Act 1988

Malicious Communications (Northern Ireland) Order 1988

Trade Union and Labour Relations (Consolidation) Act 1992

Criminal Justice and Public Order Act 1994

Criminal Law (Consolidation) (Scotland) Act 1995

Protection from Harassment Act 1997

Protection from Harassment (Northern Ireland) Order 1997

Crime and Disorder Act 1998

Communications Act 2003

Sexual Offences Act 2003

Sexual Offences (Northern Ireland) Order 2008

Sexual Offences (Scotland) Act 2009 (asp 9)

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

Serious Crime Act 2015

Hate Crime and Public Order (Scotland) Act 2021 (asp 14)

Electoral Law Act (Northern Ireland) 1962

Local Government Act 1972

Local Government Act (Northern Ireland) 1972

Representation of the People Act 1983

Northern Ireland Act 1998

Greater London Authority Act 1999

Government of Wales Act 2006

Armed Forces Act 2006

Police Reform and Social Responsibility Act 2011

Sentencing Act 2020

Candidates etc at parliamentary, Northern Ireland Assembly and local elections

Candidates etc at elections to the Scottish Parliament

Candidates etc at elections to Senedd Cymru

Candidates etc at local elections in Scotland

Candidates etc at local elections in Northern Ireland

Candidates at police and crime commissioner elections

MPs and recall petitions

Supply of information etc

Court order for disclosure of information etc

Power to make copies and records

Authorisation to be in writing

Legal professional privilege

Admissibility of information

Application of restrictions on disclosure

Meaning of “relevant enforcer”

Editorial notes