Representation of the People Act 2000

The 1983 Act is amended as follows.

In section 6 (residence: merchant seamen), for “sections 1 and 2 above” substitute “ section 4 above ”.

For section 9 substitute—

For section 10 substitute—

Omit—

For section 13 substitute—

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Section 15 (service declaration) is amended as follows. For subsections (2) to (4) substitute— In subsection (7) (cancellation of declarations), omit the words from “and (subject” onwards. After that subsection add—

In section 16, omit the following—

In section 17 (effect of service declaration), for subsection (1) substitute—

In section 18 (polling districts and places for parliamentary elections), for subsection (8) substitute—

Section 49 (effect of registers) is amended as follows. Omit subsections (1) and (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 53(1) (regulations about registration)—

Section 56 (registration appeals: England and Wales) is amended as follows. In subsection (1) (decisions against which appeals lie)— In subsection (4) (compliance by registration officer with decision on appeal)— In subsection (4A) (effect of alterations in register), for “is made under subsection (4) above” substitute “ made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2) or 13B(3) above ”.

For section 58 substitute—

In section 59(2) (supplemental provisions as to members of forces and service voters)—

In section 62 (offences as to declarations), for subsection (1) substitute—

Section 76 (limitation of election expenses) is amended as follows. In subsection (2) (maximum amounts calculated by reference to register to be used at election as first published), omit “to be used at the election (as first published)”, wherever occurring. For subsection (4) substitute—

In section 91 (candidate’s right to send election address post-free), for subsection (4) substitute—

After section 180 insert—

In section 201 (regulations), after subsection (2) add—

In section 202(1) (general interpretation)—

Schedule 1 (parliamentary elections rules) is amended as follows. In rule 7 (subscription of nomination paper), for paragraph (6) substitute— In the Appendix of Forms, in the form of nomination paper—

Schedule 2 (provisions which may be contained in regulations as to registration) is amended as follows. At the end of paragraph 1(2) (requiring of information by registration officer for purposes of registration duties) add “or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered.” After paragraph 1(2) insert— In paragraph 2A (registration officer to remind overseas elector of need to make fresh declaration), for the words from “overseas” onwards substitute “ declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered. ” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 6 (cases where claims and objections can be determined without a hearing), for “a claim” substitute “ an application ”. In paragraph 8 (special lists of those whose addresses are not required to be shown on electors lists), for “on the electors lists” substitute “ in the register ”.

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

In section 1 (local electors in Northern Ireland), for subsections (1) and (2) substitute—

Part I of Schedule 1 (application of provisions of 1983 Act) is amended as follows. Section 3A(1) and (4) to (7) (disfranchisement of offenders detained in mental hospitals). Section 4(2) to (6) (entitlement to be registered). Sections 5 and 6 (residence (general) and residence of merchant seamen). Sections 7 to 7C (residence of mental patients, and of persons remanded in custody, and declarations of local connection). Sections 9, 10, 10A and 13 to 13B (preparation, publication and alteration of registers). Section 53 and, in Schedule 2, paragraphs 1(2) to (5), 3, 3A, 4 to 11A and 13 (regulations as to registration). Section 58(2) (registration appeals: Northern Ireland). Section 180A (evidence by certificate of electoral registration). In the entry beginning “Section 201”, for “the definition of “prescribed”” substitute “ the definitions of “dwelling”, “prescribed” and “qualifying address” ”.

Part II of Schedule 1 (modification of provisions of the 1983 Act) is amended as follows. For paragraph 7 substitute— Paragraphs 9 to 11 shall be omitted. and .

In this Schedule— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the appropriate rules” means— in the case of a parliamentary election, the parliamentary elections rules, and in the case of a local government election, rules made (or having effect as if made) under section 36 , section 36A or, as the case may be, section 42 of the 1983 Act; “local government election” means a local government election in England, Wales or Scotland. The 1983 Act and this Schedule shall have effect as if this Schedule were contained in Part I of that Act. References in an enactment other than one contained in this Act or the 1983 Act to Part I of that Act include a reference to this Schedule.

This paragraph applies to determine the manner of voting of a person entitled to vote as an elector at a parliamentary or local government election. He may vote in person at the polling station allotted to him under the appropriate rules, unless he is entitled as an elector to an absent vote at the election. He may vote by post if he is entitled as an elector to vote by post at the election. If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under the appropriate rules for a ballot paper for the purpose of voting in person, in which case he may vote in person there. If— he may vote in person at any polling station in the constituency or, as the case may be, electoral area. In the application of sub-paragraph (5) to an election in England or Wales, a reference to a constable includes a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for employees or volunteers). Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote— In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote— Nothing in the preceding provisions of this paragraph applies to— whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election). In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies; and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election). Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules. Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision— For the purposes of the provisions of— a person entitled to vote as an elector at a parliamentary or local government election is entitled as an elector to vote by post or entitled to vote by proxy at the election if sub-paragraph (8) or (9) (as the case may be) applies to him in relation to the election; and references in those provisions to entitlement as an elector to an absent vote at a parliamentary or local government election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election. This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 5(2) below as entitled to vote by post at an election. This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 5(3) below as entitled to vote by proxy at an election.

Where a person applies to the registration officer to vote by post at parliamentary elections, at local government elections or at both ..., the registration officer shall grant the application if— Any grant of an application under sub-paragraph (1) to vote by post at parliamentary elections, or at local government elections in England, is to be for— But where the person is or will be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1A) does not apply and instead any grant of an application to vote by post at parliamentary elections is to be for— Where a person applies to the registration officer to vote by proxy at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application if— For the purposes of this paragraph a person is eligible to vote by proxy at parliamentary or local government elections— and a person is also eligible to vote by proxy at parliamentary elections if he is or will be registered in pursuance of an overseas elector’s declaration. Sub-paragraph (3)(aa) does not apply to an application to vote by proxy at a local government election in Scotland The registration officer shall keep a record of those whose applications under this paragraph have been granted showing— The registration officer shall remove a person from the record— A person shown in the record as voting by post may subsequently alter his choice by applying to the registration officer to vote by proxy instead (whether for an indefinite period or for a particular period specified in his application); and, if the registration officer would be required to grant that application if it were one made under sub-paragraph (2), the registration officer shall amend the record accordingly. A person shown in the record as voting by proxy may subsequently alter his choice by applying to the registration officer to vote by post instead ...; and, if the application meets the prescribed requirements and, in the case of an application to vote by post at local government elections in Scotland or Wales for a particular period, specifies the period , the registration officer shall amend the record accordingly. Sub-paragraph (1A) applies to an application under sub-paragraph (7) to vote by post at parliamentary elections, or at local government elections in England, as it applies to an application under sub-paragraph (1) (but this is subject to sub-paragraph (7B)). Where an application under sub-paragraph (7) to vote by post at parliamentary elections is made by a person who is or will be entitled to be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1B) applies to the application as it applies to an application under sub-paragraph (1). The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable— The registration officer must also keep a record in relation to those whose applications under this paragraph have been granted showing— The record kept under sub-paragraph (9) must be retained by the registration officer for the prescribed period.

Where a person applies to the registration officer to vote by post at a particular parliamentary or local government election, the registration officer shall grant the application if— Where a person applies to the registration officer to vote by proxy at a particular parliamentary or local government election, the registration officer shall grant the application if— Where a person who has an anonymous entry in the register of electors for a parliamentary or local government election applies to the registration officer to vote by proxy at a particular such election the registration officer shall grant the application if it meets the prescribed requirements. Sub-paragraph (2A) does not apply to an application to vote by proxy at a local government election in Scotland. Nothing in sub-paragraph (1) or (2) applies to a person who is included in the record kept under paragraph 3 in respect of elections of the kind in question, but such a person may, in respect of a particular parliamentary or local government election, apply to the registration officer— if he is shown in the record as voting by post at elections of the kind in question. The registration officer shall grant an application under sub-paragraph (3) if— The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable— The registration officer must keep a record of those whose applications under this paragraph have been granted showing— The record kept under sub-paragraph (6) must be retained by the registration officer for the prescribed period.

The registration officer shall, in respect of each parliamentary or local government election, keep the two special lists mentioned in sub-paragraphs (2) and (3) respectively. The first of those lists is a list (“the postal voters list”) of— The second of the lists mentioned in sub-paragraph (1) is a list (“the list of proxies”) of— together with (in each case) the names and addresses of those appointed as their proxies. In the case of a person who has an anonymous entry in a register the postal voters list or list of proxies (as the case may be) must show in relation to the person only— Sub-paragraph (4) does not apply to any list kept in respect of a local government election in Scotland.

Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph and paragraph 7 referred to as “the elector”) at any parliamentary or local government election and may vote in pursuance of the appointment. The elector cannot have— A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election unless the person is or will be registered in a register of parliamentary electors in Great Britain or Northern Ireland. A person is not capable of being appointed to vote, or voting, as proxy at a local government election unless the person is or will be registered in a register of local government electors in Great Britain or Northern Ireland. A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary or local government election if the person is subject to any legal incapacity (age apart) to vote at that election as an elector. A person is not capable of voting as proxy at a parliamentary or local government election (other than a local government election in Scotland) (other than a local government election in Wales) unless on the date of the poll he has attained the age of 18. A person is not capable of voting as proxy at a local government election in Scotland unless on the date of the election the person has attained the age of 16. A person is not capable of voting as proxy at a local government election in Wales unless on the date of the election the person has attained the age of 16. A person is not capable of voting as proxy at a local government election in Scotland if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders in prison sentenced to term not exceeding 12 months) applies. A person— An elector falls within this sub-paragraph— Where the polls for two or more parliamentary elections are held on the same day, references in sub-paragraph (5C) to a parliamentary election are to all of those elections taken together. Where the polls for two or more local government elections in England are held on the same day, references in sub-paragraph (5C) to a local government election in England are to all of those elections taken together. A person is not entitled to vote as proxy— on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild. Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), 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— and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections. Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary or local government 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— and that the proxy is capable of being, and willing to be, appointed. The appointment of a proxy under this paragraph is to be made by means of a proxy paper in the prescribed form issued by the registration officer. The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force— Subject to sub-paragraph (10), the appointment shall remain in force—

A person entitled to vote as proxy at a parliamentary or 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. 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. For the purposes of this Schedule and the 1983 Act a person entitled to vote as proxy for another at a parliamentary or local government election is entitled so to vote by post if he is included in the list kept under sub-paragraph (8) in respect of the election. Where a person applies to the registration officer to vote by post— the registration officer shall grant the application if the conditions set out in sub-paragraph (5) are satisfied. Those conditions are— Any grant of an application under sub-paragraph (4)(a) to vote by post as proxy at parliamentary elections, or at local government elections in England, is to be for— The registration officer shall keep a record of those whose applications under sub-paragraph (4)(a) have been granted showing— Where, in the case of a particular parliamentary or local government election, a person included in the record kept under sub-paragraph (6) in respect of elections of the kind in question applies to the registration officer for his ballot paper to be sent to a different address from that shown in the record, the registration officer shall grant the application if it meets the prescribed requirements. The registration officer shall, in respect of each parliamentary or local government election, keep a special list (“the proxy postal voters list”) of— In the case of a person who has an anonymous entry in a register the special list mentioned in sub-paragraph (8) must contain only— Sub-paragraph (8A) does not apply to a special list kept in respect of a local government election in Scotland. The registration officer shall remove a person from the record kept under sub-paragraph (6)— Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules. The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable— The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4)(a) or (b) have been granted showing— The record kept under sub-paragraph (12) must be retained by the registration officer for the prescribed period. Sub-paragraph (2) above does not prevent a person entitled to vote as proxy for another, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—

A person who— is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person who remains on the record kept under paragraph 3(4) or 7(6) may, at any time, provide the registration officer with a fresh signature. Anything required or authorised to be done for the purposes of any enactment in relation to a signature required to be provided in pursuance of this Schedule must be done in relation to a signature provided as mentioned in sub-paragraph (1) instead of in relation to a signature provided on any earlier occasion.

Regulations may make provision as to—

The registration officer must either —

Information contained in records kept by a registration officer in pursuance of paragraph 3(9), 4(6) or 7(12) may be disclosed by him (subject to any prescribed conditions) to—

Regulations may make provision as to circumstances in which, following the close of the poll at a parliamentary or local government election, a registration officer must— For the purposes of sub-paragraph (1), a postal ballot paper is “rejected” if it was not taken to have been duly returned in accordance with the appropriate rules because the returned postal voting statement was not duly completed. Regulations under this paragraph may include provision as to—

The power to make regulations under paragraph 7E in relation to local government elections in Scotland is exercisable by the Scottish Ministers. Regulations made by the Scottish Ministers by virtue of this paragraph are subject to the affirmative procedure. Such regulations may—

Section 8 of the City of London (Various Powers) Act 1957 (manner of voting at ward elections) is amended as follows. section 3A (disfranchisement of offenders detained in mental hospitals); In subsection (2) (application of provisions about absent voting), for “sections 5 to 9 and 12(3) and (4) of the Representation of the People Act 1985” substitute “ Schedule 4 to the Representation of the People Act 2000 ”. In subsections (4) and (5) (supplementary provisions), for “1985” (wherever occurring) substitute “ 2000 ”.

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The 1983 Act is amended as follows.

In section 29(4C) (orders governing charges by returning officers), at the end add “ ; and any such order may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit. ”

After section 65 insert—

After section 66 insert—

In section 95(7) (schools for parliamentary election meetings not to include private dwelling house), omit “house”.

In section 108(4) (premises not to be used as committee rooms), omit “house”.

In section 202(1) (general interpretation)—

Schedule 1 (parliamentary elections rules) is amended as follows. In rule 5(2) (notice of election to state date by which applications for postal votes etc. are to be made), after “by which” insert “ (except in such circumstances as may be prescribed) ”. The returning officer shall, in accordance with regulations, issue to those entitled to vote by post a ballot paper and a declaration of identity in the prescribed form, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed. In rule 45 (the count)—

Schedule 2 (provisions which may be contained in regulations as to registration) is amended as follows. In paragraph 5A (applications for postal voting etc.)— In paragraph 12 (voting by post), for the words from “the proceedings” to “and provisions” substitutethe arrangements to be made in relation to the issue and receipt of, and for subsequently dealing with, ballot papers for postal voting, including provisions— . In paragraph 13(1) (offences)—

The Representation of the People Act 1985 is amended as follows (but paragraphs 13 to 17 have effect in relation to Northern Ireland only).

Section 5 (manner of voting) is amended as follows. In subsection (1), omit “or local government”. In subsection (5), omit “or, as the case may be, electoral area”. After subsection (5) insert— In subsection (6), omit “or local government” (wherever occurring). For subsection (7) substitute—

Section 6 (absent vote at elections for an indefinite period) is amended as follows. In subsection (1)— In subsection (2), omit— and, in paragraph (c), after “his spouse,” insert “ or by reason of his attendance on a course provided by an educational institution or that of his spouse, ”. Omit subsection (2A). In subsection (3), omit paragraph (a). In subsection (4), after “in pursuance of” insert “ a declaration of local connection or ”.

Section 7 (absent vote at a particular election and absent voters list) is amended as follows. In subsection (1), omit— For subsection (2) substitute— In subsection (4)—

Section 8 (proxies at elections) is amended as follows. In subsection (1), omit “or local government”. Omit subsection (3A). In subsection (4), omit “or local government”. In subsection (5), omit “, or at the same local government election in any electoral area,”. In subsection (6)— In subsection (7), omit— For subsection (9) substitute—

Section 9 (voting as proxy) is amended as follows. In each of subsections (1) and (3), omit “or local government”. In subsection (4), omit— and in paragraph (b) for “the same area” substitute “ the same ward ”. Omit subsection (5). In subsection (6), omit paragraph (a) (including the final “and”). In subsection (7), omit “or, as the case may be, electoral area”. In subsection (8), omit “in respect of elections of the kind in question”. In subsection (9), omit— In subsection (10)— In subsection (11), in paragraph (b), omit “, or electoral area,”.

In section 27(2) (application of provisions of 1983 Act)—

In section 200 of the Finance Act 1996 (domicile for tax purposes of overseas electors), in subsection (3)(a), for the words from “mentioned in” to “section 1” substitute “ of parliamentary electors in pursuance of such a declaration as is mentioned in section 1(1)(a) ”.