Office of Public Sector Information
(1)A person entitled to vote as proxy at a parliamentary [F2or local government] election may do so in person at the polling station allotted to the elector under the appropriate rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.
(2)Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.
(3)For the purposes of this and the principal Act, a person entitled to vote as proxy for another at a parliamentary F2. . . election is entitled so to vote by post if he is included in the list kept under subsection (9) below in respect of the election.
(4)Where a person applies to the registration officer to vote by post as proxy at parliamentary elections F3. . . for an indefinite period, the registration officer shall (subject to subsections (10) and (12) below) grant the application if—
(a)the applicant is included in any record kept under section 6 of this Act in respect of a constituency F4. . . for the whole or any part of which the registration officer acts, or
(b)the address provided by the applicant in his application as the address to which his ballot paper is to be sent is not in the same area as the elector’s qualifying address or, where the elector is registered in pursuance of an overseas elector’s declaration, the address specified in the declaration in accordance with section 2(4) of this Act,
and the application meets the prescribed requirements.
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The registration officer shall keep a record of those whose applications under subsection (4) above have been granted showing—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.
(7)Where a person applies to the registration officer to vote by post as proxy at a particular election and the application meets the prescribed requirements, the registration officer shall (subject to subsections (10) and (12) below) grant the application 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 the elector under the appropriate rules, or
(b)the applicant is, or the registration officer is satisfied that he will be, included in respect of the constituency F7. . . for the whole or any part of which the registration officer acts in any of the absent voters lists for that election.
(8)Where, in the case of a particular election, a person included in the record kept under subsection (6) above F8. . . applies to the registration officer for his ballot paper to be sent to a different address in the United Kingdom, the registration officer shall grant the application if it meets the prescribed requirements.
(9)The registration officer shall, in respect of each parliamentary F9. . . election, keep a special list of—
(a)those who are for the time being included in the record kept under subsection (6) above F10. . ., together with the addresses provided by them in their applications under that subsection or, as the case may be, subsection (8) above as the addresses to which their ballot papers are to be sent, and
(b)those whose applications under subsection (7) above have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.
(10)The registration officer shall not grant any application under this section unless—
(a)he is satisfied that the elector is or will be registered in the register of parliamentary electors F11. . ., and
(b)there is in force an appointment of the applicant as the elector’s proxy to vote for him at [F12parliamentary elections] or, as the case may be, the election concerned.
(11)The registration officer shall remove a person from the record kept under subsection (6) above—
(a)if he applies to the registration officer to be removed,
(b)where he was included in the record on the ground mentioned in subsection (4)(a) above, if he ceases to be included in any record kept under section 6 of this Act in respect of a constituency F13. . ., for the whole or any part of which the registration officer acts or becomes so included in pursuance of a further application under that section,
(c)if the elector ceases to be registered as mentioned in subsection (10)(a) above, or
(d)if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not he is re-appointed).
(12)A person applying to vote by post as proxy must provide an address in the United Kingdom as the address to which his ballot paper is to be sent.]
F1S. 9 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. 9(1)(3) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(2), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F3Words in s. 9(4) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(3)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F4Words in s. 9(4)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(3)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F5S. 9(5) repealed (16.2.2001) by 2000 c. 2, s. 15, 17(3), Sch. 6 para. 17(4), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F6S. 9(6)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(5), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F7Words in s. 9(7) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(6), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F8Words in s. 9(8) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(7), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F9Words in s. 9(9) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(8)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F10Words in s. 9(9)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(8)(b), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F11Words in s. 9(10)(a) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(9)(a), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F12Words in s. 9(10)(b) substituted (16.2.2001) by 2000 c. 2, s. 15(1), Sch. 6 para. 17(9)(b); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
F13Words in s. 9(11)(b) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 17(10), Sch. 7 Pt. III; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
C1S. 9 applied (with modifications) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III
S. 9 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220. art. 3(1)(a)(b)(5)-(8), Sch. 1
S. 9 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3
S. 9 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2
S. 9 applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3
S. 9 applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1
S. 9 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1
(1)Schedule 1 to this Act makes provision for those—
(a)whose circumstances on the date of the poll at a particular parliamentary election in Northern Ireland will be or are likely to be such that they cannot reasonably be expected to vote in person as electors at the polling stations allotted or likely to be allotted to them under the parliamentary elections rules, but
(b)who on that date will be in Northern Ireland.
(2)The Secretary of State may by order made by statutory instrument bring that Schedule into force if he is satisfied that it is necessary to do so in order to prevent serious abuse of the system of voting by post in the case of ballot papers for elections in Northern Ireland sent to addresses there in pursuance of applications granted under section 7(1) of this Act.
(3)That Schedule shall cease to be in force if the Secretary of State so provides by order made by statutory instrument (without prejudice to his power to make a further order under subsection (2) above), and an order under this subsection may include such transitional provisions as the Secretary of State considers necessary or expedient.
(4)No order under this section shall be made unless a draft of the order has been laid before and approved by each House of Parliament.
(5)While that Schedule is in force, section 7(5) of this Act shall have effect as if it required a person applying under section 7(1) of this Act to vote by post at a particular parliamentary election in Northern Ireland to provide an address in Great Britain as the address to which his ballot paper is to be sent.
C1S. 10 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III
C2S. 10(2)(3) power of appointment not yet exercised
Schedule 2 to this Act (which—
(a)in Part I, makes amendments of the principal Act consequential on the provisions of sections 5 to 9 of this Act,
F1(b). . . and
(c)in Part III, makes provision as to absent voting at municipal elections in the City)
shall have effect.
F1S. 11(b)(except the final
“and”
) repealed (16.2.2001) by 2000 c. 2, ss. 15(2), 17(3), Sch. 7 Pt. I (with s. 156(6)); S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
C1S. 11 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. III
C2S. 11 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II
(1)A person who makes an overseas elector’s declaration or a declaration purporting to be an overseas elector’s declaration—
(a)when he knows that he is subject to a legal incapacity to vote at parliamentary elections (age apart), or
(b)when he knows that it contains a statement which is false,
is guilty of an offence.
(2)A person who attests an overseas elector’s declaration or a declaration purporting to be an overseas elector’s declaration when he knows—
(a)that he is not authorised to attest such a declaration, or
(b)that it contains a statement which is false,
is guilty of an offence.
(3)A person who makes a statement which he knows to be false in any declaration or form used for any of the purposes of sections 5 to 9 of this Act or attests an application under section 6 or 7 of this Act when he knows that he is not authorised to do so or that it contains a statement which is false is guilty of an offence.
(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
C1S. 12 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. II
S. 12(3)(4) applied (with modifications) (25.4.1998) by S.I. 1998/1126, art. 6(1), Sch. 2
C2S. 12 applied (with modifications) (1.8.2001) by S.I. 2001/2559, art. 3, Sch. 1
C3S. 12(1)(2) applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II
C4S. 12(1)(2) applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II
C5S. 12(1)(2) applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II
C6S. 12(1)(2)(4) applied (with modifications) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. II
S. 12(1)(2)(4) applied (with modifications) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. II
C7S. 12(4) applied with modifications (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. II
S. 12(3)(4) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 3
S. 12(3)(4) applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 3
S. 12(3)(4) applied (with modifications) (22.5.1998) by S.I. 1998/1287, art. 3(1)(3), Sch. 1
C8S. 12(3) applied (N.I.) by S.I. 1986/2250, regs. 2, 3, Sch. 1 Pt. III
C9S. 12(4) applied (N.I.) by S.I. 1986/2250, regs. 2, 3, Sch. 1 Pt. III
C10S. 12(4) applied with modifications (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II
C11S. 12(4) applied with modifications (N.I.) by S.I. 1986/1091, regs. 2, 13(3)(4)(5), Sch. 3 Pt. II
S. 12(3)(4) applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art.3(1)(a)(b)(5)-(8), Sch. 1
In Schedule 1 to the principal Act (parliamentary elections rules)—
(a)in rule 9(1) (nomination not valid unless £150 deposited with the returning officer) for “£150” there shall be substituted “£500”; and
(b)in rule 53(4) (forfeiture of deposit where a candidate has polled not more than one-eighth of the total votes) for “one-eighth” there shall be substituted “one-twentieth”.
(1)In section 73(2) of the principal Act (payments made by election agent to be vouched for by bill and receipt except where less than £2) for “£2” there shall be substituted “£20”.
(2)In section 74(1) of that Act (candidate’s personal election expenses may be met by him if they do not exceed £100, the excess being paid by his election agent) for “£100” there shall be substituted “£600”.
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In paragraph 3 of Schedule 4 to that Act (candidates at elections of parish or community councillors to send in return of all election expenses vouched, except where less than £1, by bills and receipts) for “£1” there shall be substituted “£10”.
F1S. 14(3)-(5) repealed (16.2.2001) by 2000 c. 41, s. 158(2), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2 Sch. 1 Pt. I (subject to transitional provisions in Sch. Pt. II)
(1)Where the polls at—
(a)a parliamentary general election and an [F1European Parliamentary] general election;
(b)an ordinary local government election and a parliamentary general election; or
(c)an ordinary local government election and an [F1European Parliamentary] general election,
are to be taken on the same date, they shall be taken together.
(2)Where the polls at elections for related areas are to be taken on the same date but are not required by subsection (1) above or section 36 of the principal Act to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.
(3)In subsection (2) above the reference to elections includes [F1European Parliamentary] elections but does not include elections under the local government Act which are not local government elections; and for the purposes of that subsection two areas are related if one is coterminous with or situated wholly or partly within the other.
(4)Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.
(5)The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.
[F2(6)In its application to Northern Ireland, subsection (1) above shall have effect as if the references to an ordinary local government election were to a local election.]
F1Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F2S. 15(6) inserted (10.4.2001) by 2001 c. 7, s. 3(2)
C1S. 15 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 16(6), Sch. 5 Pt. I Table
S. 15 extended (N.I.) (10.4.2001) by 2001 c. 7, s. 3(1)
C2S. 15(4) excluded (10.4.2001) by S.I. 2001 c. 7, s. 5(2)
C3S. 15(5) extended (10.4.2001) by 2001 c. 7, s. 4, Sch. Pt. IV para. 32
(1)Where the date of the poll at a parliamentary general election or an [F1European Parliamentary] general election is the same as the ordinary day of election of councillors for local government areas in England and Wales—
(a)any poll at an election of parish or community councillors to be held in England and Wales on that date shall be postponed for three weeks;
(b)the date to which any such poll is so postponed shall be taken to be the ordinary day of election for the purposes of sections 16(3) and 35(2) of the M1Local Government Act 1972 and the day of election for the purposes of any rules concerning the conduct of elections of such councillors made (or having effect as if made) under section 36 of the principal Act; and
(c)any expenses of any returning officer for an election at which the poll is postponed under this subsection which are attributable to the postponement shall be charged on and paid out of the Consolidated Fund.
(2)In subsection (1) of section 40 of the principal Act (timing of local elections) after the words “section 39 above” there shall be inserted the words “or section 16 of the Representation of the People Act 1985”.
F1Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
C1S. 16(1) restricted (11.5.2001) by S.I. 2001/1774, art. 2
M11972 c. 70.
—For subsection (3) of section 36 of the principal Act (local elections in England and Wales) there shall be substituted—
“(3)Where the polls at—
(a)the ordinary election of district councillors for any district ward or an election to fill a casual vacancy occurring in the office of such a councillor, and
(b)the ordinary election of parish or community councillors for any parish or community or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.
(3A)For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.
(3B)Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.
(3C)The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.”.
(1) . . . F1
(2)In paragraph (b) of section 37 of that Act (power to fix alternative day as ordinary day of local elections in England and Wales by order made not later than 1st February in the year preceding the first year when the order takes effect) for the words “the first year” there shall be substituted the words “the year (or, in the case of an order affecting more than one year, the first year)”.
F1S. 18(1) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI
(1)In section 40(1) of the principal Act (days to be disregarded for the purpose of the timing of local elections in England and Wales)—
(a)for the words “Sunday, day of the Christmas break, of the Easter break or of a bank holiday break” there shall be substituted the words “Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, bank holiday”; and
(b)the words for “In this subsection” onwards shall cease to have effect.
(2)In section 39 of that Act (local elections void etc. in England and Wales) in subsection (1) (period within which elections to fill vacancies to be held) for the words “42 days” there shall be substituted the words “35 days”.
(3)In section 43 of that Act (day of ordinary local elections in Scotland and other timing provisions) in subsection (2) immediately before the words “Sunday”, “Christmas Day” and “Good Friday” there shall be inserted respectively the words “Saturday”, “Christmas Eve” and “Maundy Thursday” and for the words “for the purposes of this Act” there shall be substituted the words “for the purposes of this Part of this Act in so far as it relates to the conduct of local government elections in Scotland”.
(4)In section 119 of that Act (computation of time for purposes of Part II) for subsections (2) and (3) there shall be substituted—
“(2)The days referred to in subsection (1) above are Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, a bank holiday or a day appointed for public thanksgiving or mourning.
(3)In this section ”bank holiday’, in relation to any election, means a day which is a bank holiday in the part of the United Kingdom in which the constituency or, as the case may be, electoral area is situated.”.
(5)In Schedule 1 to the principal Act (parliamentary elections rules), in rule 2 (computation of time)—
(a)in paragraph (1) for sub-paragraph (b) there shall be substituted—
“(b)Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a bank holiday”;
and
(b)paragraph (3) shall cease to have effect.
(6)In the M1Local Government Act 1972—
(a)in section 243 (computation of time) in subsection (3) for the words “Where under subsection (1) above the day of election or” there shall be substituted the words “Where under subsection (4) below” and the words “of election or”, in the second place where they occur, and “as the case may be” shall cease to have effect;
(b)for the purposes of subsection (4) of that section, subsection (1) of that section shall have effect as if for the words from “Sunday” to “bank holiday break” there were substituted the words “Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or bank holiday”; and
(c)in section 89(1) (period within which elections to fill casual vacancies in office of councillor for principal area to be held) for the words “forty-two days”, in both places where they occur, there shall be substituted the words “thirty-five days”.
Representation of the People Act 1985