Office of Public Sector Information
[F6(7)In this section and sections 6 to 9 of this Act “appropriate rules” means the parliamentary elections rules.]]
F1S. 5 repealed (E.W.S) (16.2.2001) by 2000 c. 2, s. 15, Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F2Words in s. 5(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 13(2), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F3Words in s. 5(5) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 13(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F4S. 5(5A) inserted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 13(4); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F5Words in s. 5(6) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 13(5), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F6S. 5(7) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 13(6); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
C1S. 5 applied by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III
C2S. 5 applied (with modifications) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
S. 5 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3
S. 5 applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2
S. 5 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 para. 13 Table 3
S. 5 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1
S. 5 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1
(1)Where a person applies to the registration officer to vote by post, or to vote by proxy, at parliamentary elections, F2. . . for an indefinite period, the registration officer shall grant the application (subject to subsection (6) below) if—
(a)he is satisfied that the applicant is eligible for an absent vote at [F3parliamentary elections] for an indefinite period,
(b)he is satisfied that the applicant is or will be registered in the register for such elections, F4. . .
[F5(ba)the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the principal Act,
(bb)the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the principal Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the principal Act,
(bc)the application either states the applicant’s national insurance number or states that he does not have one, and the registration officer is satisfied as mentioned in subsection (1A) below, and]
(c)the application meets the prescribed requirements.
[F6(1A)For the purposes of subsection (1)(bc) above, the registration officer must be satisfied—
(a)if the application states a national insurance number, that the requirements of subsection (1B) below are met, or
(b)if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act.
(1B)The requirements of this subsection are met if—
(a)the number stated as mentioned in subsection (1A)(a) above is the same as the one supplied as the applicant’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or
(b)no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.]
(2)For the purposes of this section, a person is eligible for an absent vote at parliamentary F7. . . elections for an indefinite period—
(a)if he is or will be registered as a service voter,
F8(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)if he cannot reasonably be expected—
(i)to go in person to the polling station allotted or likely to be allotted to him under the appropriate rules, or
(ii)to vote unaided there,
by reason of blindness or other physical incapacity,
(c)if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse, [F9or by reason of his attendance on a course provided by an educational institution or that of his spouse] or
(d)if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea,
and is also eligible for an absent vote at parliamentary elections for an indefinite period if he is or will be registered in pursuance of an overseas elector’s declaration.
F10(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The registration officer shall keep a record of those whose applications under this section have been granted showing—
F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of those who may vote by post, the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and
(c)in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.
(4)The registration officer shall remove a person from the record kept under subsection (3) above—
(a)if he applies to the registration officer to be removed,
(b)in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered as a service voter or in pursuance of [F12a declaration of local connection or] an overseas elector’s declaration, or
(c)if the registration officer gives notice that he has reason to believe there has been a material change of circumstances.
(5)A person shown in the record kept under subsection (3) above as voting by post or, as the case may be, voting by proxy may subsequently alter his choice (subject to subsection (6) below) on an application to the registration officer that meets the prescribed requirements and the registration officer shall amend the record accordingly.
(6)A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.]
F1S. 6 repealed (E.W.S.) (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F2Words in s. 6(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(2)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F3Words in s. 6(1)(a) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 14(2)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F4S. 6(1)(b): Word
“and”
omitted (1.12.2002) by virtue of 2002 c. 13, s. 3(2)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))
F5S. 6(1)(ba)-(bc) inserted (1.12.2002) by 2002 c. 13, s. 3(2)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))
F6S. 6(1A)(1B) inserted (1.12.2002) by 2002 c. 13, s. 3(2)(b); S.I. 2002/1648, art. 4(1) (with art. 4(2))
F7Words in s. 6(2) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(3)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F8S. 6(2)(aa) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(3)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F9Words in s. 6(2)(c) inserted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 14(3); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F10S. 6(2A) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(4), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F11S. 6(3)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 14(5), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F12Words in s. 6(4)(b) inserted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 14(6); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
C1S. 6 applied with modifications by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III
C2S. 6(2)(b) modified by S.I. 1986/1111, reg. 62(5) (as substituted 6.4.1992 by S.I. 1992/834, reg. 3(3) subject as mentioned in reg. 2 of that Instrument)
(1)Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular parliamentary F2. . . election, the registration officer shall grant the application (subject to subsection (5) below) if—
(a)he is satisfied that the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under the appropriate rules,
(b)he is satisfied that the applicant is or will be registered in the register of parliamentary F3. . . electors, F4. . .
[F5(ba)the application states the applicant’s date of birth and the registration officer is satisfied that the date stated corresponds with the date supplied as the date of the applicant’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the principal Act,
(bb)the application is signed and (unless section 10(4B), 10A(1B) or 13A(2B) of the principal Act applies) the registration officer is satisfied that the signature on the application corresponds with the signature supplied as the applicant’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the principal Act,
(bc)the application either states the applicant’s national insurance number or states that he does not have one, and the registration officer is satisfied as mentioned in subsection (1A) below, and]
(c)the application meets the prescribed requirements.
[F6(1A)For the purposes of subsection (1)(bc) above, the registration officer must be satisfied—
(a)if the application states a national insurance number, that the requirements of subsection (1B) below are met, or
(b)if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act.
(1B)The requirements of this subsection are met if—
(a)the number stated as mentioned in subsection (1A)(a) above is the same as the one supplied as the applicant’s national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or
(b)no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.]
[F7(2)Subsection (1) above does not apply to a person who is included in the record kept under section 6 of this Act, but such a person may, in respect of a particular parliamentary election, apply to the registration officer—
(a)for his ballot paper to be sent to a different address in the United Kingdom, or
(b)to vote by proxy,
if he is shown in the record so kept as voting by post at parliamentary elections.]
(3)The registration officer shall grant an application under subsection (2) above if it meets the prescribed requirements.
(4)The registration officer shall, in respect of each parliamentary F8. . . election, keep a special list (“the absent voters list”) consisting of—
(a)a list of—
(i)those whose applications under subsection (1) above to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and
(ii)those who are for the time being shown in the record kept under section 6 of this Act as voting by post at [F9parliamentary elections](excluding those so shown whose applications under subsection (2) above to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under that section or, as the case may be, subsection (2) above as the addresses to which their ballot papers are to be sent, and
(b)a list (“the list of proxies”) of those whose applications under this section to vote by proxy at the election have been granted or who are for the time being shown in the record kept under section 6 of this Act as voting by proxy at [F9parliamentary elections], together with the names and addresses of those appointed as their proxies.
(5)A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.]
F1S. 7 repealed (E.W.S.) (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F2Words in s. 7(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 15(2)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F3Words in s. 7(1)(b) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 15(2)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F4S. 7(1)(b): Word
“and”
omitted (1.12.2002) by virtue of 2002 c. 13, s. 3(3)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))
F5S. 7(1)(ba)-(bc) inserted (1.12.2002) by 2002 c. 13, s. 3(3)(a); S.I. 2002/1648, art. 4(1) (with art. 4(2))
F6S. 7(1A)(1B) inserted (1.12.2002) by 2002 c. 13, s. 3(3)(b); S.I. 2002/1648, art. 4(1) (with art. 4(2))
F7S. 7(2) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 15(3); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F8Words in s. 7(4) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 15(4)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F9Words in s. 7(4)(a)(b) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 15(4)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
C1S. 7 applied with modifications by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III
S. 7 applied (with modifications) (4.5.1996) by S.I. 1996/1220, art. 3(1)(a)(b)(5)-(8), Sch. 1
S. 7 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3
S. 7 applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2
S. 7 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3
S. 7 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1
C2S. 7 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1
(1)Subject to the provisions of this section, any person is capable of being appointed proxy to vote for another (in this section and section 9 of this Act referred to as “the elector”) at any parliamentary F2. . . election and may vote in pursuance of the appointment.
(2)The elector cannot have more than one person at a time appointed as proxy to vote for him at parliamentary elections (whether in the same constituency or elsewhere).
[F3(3)A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election—
(a)if he is subject to any legal incapacity (age apart) to vote at that election as an elector, or
(b)if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland.
F4(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(4)A person is not capable of voting as proxy at [F5a parliamentary F6. . .] election unless on the date of the poll he has attained the age of eighteen.
(5)A person is not entitled to vote as proxy at the same parliamentary election in any constituency F7. . . on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.
(6)Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections F8. . . for an indefinite period, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—
(a)registered in the register of [F9parliamentary electors], and
(b)shown in the record kept under section 6 of this Act as voting by proxy at such elections,
and that the proxy is capable of being and willing to be appointed to vote as proxy at such elections.
(7)Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary F10. . . election, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—
(a)registered in the register of parliamentary F11. . . electors for that election, and
(b)entitled to vote by proxy at that election by virtue of an application under section 7 of this Act,
and that the proxy is capable of being and willing to be appointed.
(8)The appointment of a proxy under this section is to be made by means of a proxy paper issued by the registration officer.
[F12(9)The appointment may be cancelled by the elector by giving notice to the registration officer, and shall also cease to be in force on the issue of a proxy paper appointing a different person to vote for him at any parliamentary election or elections (whether in the same constituency or elsewhere).]
(10)Subject to subsection (9) above, the appointment shall remain in force—
(a)in the case of an appointment for a particular election, for that election, and
(b)in any other case, while the elector is shown as voting by proxy in the record kept under section 6 of this Act in pursuance of the same application under that section.
(11) . . . F13]
F1S. 8 repealed (E.W.S.) (16.2.2001) by 2000 c. 2, s. 15(2), Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F2Words in s. 8(1) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(2), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F3S. 8(3)(3A) substituted for s. 8(3) (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 para. 7
F4S. 8(3A) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(3), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F5Words in s. 8(4) substituted (6.8.1995) by S.I. 1995/1948, reg. 5(2), Sch. 2 para. 8
F6Words in s. 8(4) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(4), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F7Words in s. 8(5) repealed (16.2.2001) by 2000 c. 2, s. 15, 17(3), Sch. 6 para. 16(5), Sch. 7 Pt. III; S.I. 2001/ 116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F8Words in s. 8(6) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(6)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F9Words in s. 8(6)(a) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 16(6)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F10Words in s. 8(7) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(7)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F11Words in s. 8(7)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 16(7)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F12S. 8(9) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 16(8); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F13S. 8(11) repealed by Finance Act 1985 (c.54, SIF 114), s. 98(6), Sch. 27 Pt. IX(2)
C1S. 8 applied with modifications by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III
S. 8 applied (with modifications) (4.5.1996) by S.I. 1996/1220, art. 3(1)(a)(b)(5)-(8), Sch. 1
S. 8 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3
S. 8 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3
S. 8 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1
S. 8 applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), SCh. 2
S. 8 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1
C2S. 8 modified (17.2.1994) by S.I. 1994/342, regs. 2(2), 15(4), 16(5)
Representation of the People Act 1985