Contribution of the Council of Europe to the Working session 13: Fundamental Freedoms
A person is entitled to vote as an elector at a parliamentary election in any constituency if on the date of the poll he—
is registered in the register of parliamentary electors for that constituency;
is not subject to any legal incapacity to vote (age apart);
is not subject to any legal incapacity to vote (age apart); and
is either a Commonwealth citizen or a citizen of the Republic of Ireland; and
is either a Commonwealth citizen or a citizen of the Republic of Ireland; and
is of voting age (that is, 18 years or over).
A person is not entitled to vote as an elector—
more than once in the same constituency at any parliamentary election; or
in more than one constituency at a general election.
A person is not entitled to vote as an elector in any constituency unless registered there in the register of parliamentary electors to be used at the election.
A person is not entitled to vote as an elector—
more than once in the same constituency at any parliamentary election;
in more than one constituency at a general election.
A person is entitled to vote as an elector at a local government election in any electoral area if on the date of the poll he—
is registered in the register of local government electors for that area;
is not subject to any legal incapacity to vote (age apart);
is not subject to any legal incapacity to vote (age apart); and
is either a Commonwealth citizen or a citizen of the Republic of Ireland; and
is a Commonwealth citizen, a citizen of the Republic of Ireland , a relevant citizen of the Union or (in Wales) a qualifying foreign citizen Ireland or—
in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or
in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and
is of voting age (that is, 18 years or over except in Wales (see subsection (1A))).
A person is not entitled to vote as an elector—
more than once in the same electoral area at any local government election; or
in more than one electoral area at an ordinary election for a local government area which is not a single electoral area.
In Wales, voting age is 16 years or over.
A person is not entitled to vote as an elector—
more than once in the same electoral area at any local government election; and
in more than one electoral area at an ordinary election for any local government area which is not a single electoral area.
A convicted person during the time that he is detained in a penal institution in pursuance of his sentence or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any parliamentary or local government election, unless subsection (1A) applies to that person.
For this purpose—
“convicted person” means any person found guilty of an offence (whether under the law of the United Kingdom or not), including a person found guilty by a court of a service offence within the meaning of the Armed Forces Act 2006, but not including a person dealt with by committal or other summary process for contempt of court; and
“penal institution” means an institution to which the Prison Act 1952, the Prisons (Scotland) Act 1952 or the Prison Act (Northern Ireland) 1953 applies; and
a person detained for default in complying with his sentence shall not be treated as detained in pursuance of the sentence, whether or not the sentence provided for detention in the event of default, but a person detained by virtue of a conditional pardon in respect of an offence shall be treated as detained in pursuance of his sentence for the offence.
A convicted person is not legally incapable of voting at a local government election in Scotland by virtue of subsection (1) during the time that the person is detained in a penal institution in pursuance of a sentence imposed for a term not exceeding 12 months.
It is immaterial for the purposes of this section whether a conviction or sentence was before or after the passing of this Act.
In calculating the term of a sentence of a convicted person for the purpose of subsection (1A), terms that are consecutive or concurrent to any extent are to be treated as a single term if the sentences were imposed on that person—
on the same occasion, or
on different occasions but the convicted person was not released (other than on temporary release) at any time during the period beginning with the first occasion and ending with the last.
A person is entitled to vote as an elector at a local government election in any electoral area if on the date of the poll he—
is registered in the register of local government electors for that area;
is not subject to any legal incapacity to vote (age apart);
is a Commonwealth citizen, a citizen of the Republic of Ireland or —
except in Scotland, a relevant citizen of the Union;
in Scotland, a qualifying foreign national, and
is of voting age (that is, 18 years or over , except in Scotland (see subsection (1A))).
In Scotland, voting age is 16 years or over.
A person is not entitled to vote as an elector—
more than once in the same electoral area at any local government election; ...
in more than one electoral area at an ordinary election for a local government area which is not a single electoral area , or
in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day.
A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—
is resident in the constituency or that part of it;
is not subject to any legal incapacity to vote (age apart);
is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and
is of voting age.
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A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—
is resident in that area;
is not subject to any legal incapacity to vote (age apart);
is a qualifying Commonwealth citizen, a citizen of the Republic of Ireland or—
in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or
in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and
is of voting age ....
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The preceding provisions have effect—
subject to—
any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and
compliance with any prescribed requirements; and
(as respects registration as a parliamentary elector) without prejudice to section 1B(1) of the Representation of the People Act 1985 (registration of British citizens overseas).
A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—
his entry in the register shall give the date on which he will attain that age; and
until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.
If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.
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In this section—
This section applies where the question whether a person is resident at a particular address on the relevant date for the purposes of section 4 above falls to be determined for the purposes of that section.
shall be determined in accordance with the general principles formerly applied in determining questions as to a person's residence on a particular day of the qualifying period within the meaning of the Representation of the People Act 1918 ; and
in particular regard shall be had to the purpose and other circumstances, as well as to the fact, of his presence at or absence from the address in question.
Regard shall be had, in particular, to the purpose and other circumstances, as well as to the fact, of his presence at, or absence from, the address on that date. For example, where at a particular time a person is staying at any place otherwise than on a permanent basis, he may in all the circumstances be taken to be at that time—
resident there if he has no home elsewhere, or
not resident there if he does have a home elsewhere.
if the permission is given in the expectation that throughout the period for which it is given the person giving it or his wife or her husband will be absent in the performance of any such duty as is mentioned above ; or
if the first mentioned person intends to resume actual residence within nine weeks of giving it up and will not be prevented by the permission given as mentioned above.
For the purpose of determining whether a person is resident in a dwelling on the relevant date for the purposes of section 4 above, his residence in the dwelling shall not be taken to have been interrupted by reason of his absence in the performance of any duty arising from or incidental to any office, service or employment held or undertaken by him if—
he intends to resume actual residence within six months of giving up such residence, and will not be prevented from doing so by the performance of that duty; or
the dwelling serves as a permanent place of residence (whether for himself or for himself and other persons) and he would be in actual residence there but for his absence in the performance of that duty.
For the purposes of subsection (3) above any temporary period of unemployment shall be disregarded.
Subsection (3) above shall apply in relation to a person’s absence by reason of his attendance on a course provided by an educational institution as it applies in relation to a person’s absence in the performance of any duty such as is mentioned in that subsection.
Subject to sections 7 and 7A, 7A and 7B (in so far as it relates to a declaration made for the purposes only of the registration of local government electors in Scotland) below, a person who is detained at any place in legal custody shall not, by reason of his presence there, be treated for the purposes of section 4 above as resident there.
A person to whom this section applies is, during the time that he is— legally incapable of voting at any parliamentary or local government election.
detained at any place in pursuance of the order or direction by virtue of which this section applies to him, or
unlawfully at large when he would otherwise be so detained,
As respects England and Wales, this section applies to the following persons—
any person in respect of whom—
an order has been made under section 37, 38, 44 or 51(5) of the Mental Health Act 1983, or
a direction has been given under section 45A, 46 or 47 of that Act;
any person in respect of whom an order has been made under section 5(2)(a) of the Criminal Procedure (Insanity) Act 1964; and
any person in respect of whom the Court of Appeal has made an order under—
section 6(2)(a) of the Criminal Appeal Act 1968, or
section 14(2)(a) of that Act.
As respects Scotland, this section applies to the following persons—
any person in respect of whom an order has been made under section 53, 54, 57(2)(a) or (b) , 57A(2) or 58 of the Criminal Procedure (Scotland) Act 1995; and
any person in respect of whom a direction has been given under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 59A of that Act of 1995.
As respects Northern Ireland, this section applies to the following persons—
any person in respect of whom—
an order has been made under Article 44, 45, 50A(2)(a) or 57(5) of the Mental Health (Northern Ireland) Order 1986, or
a direction has been given under Article 52 or 53 of that Order; and
any person in respect of whom the Court of Appeal has made an order under—
section 11(1)(b) or (2)(b) of the Criminal Appeal (Northern Ireland) Act 1980, or
section 13(5A) of that Act.
The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).
In this section any reference to a person in respect of whom any order or direction falling within subsection (2), (3) or (4) has been made or given includes a reference to a person in respect of whom any such order or direction is, by virtue of any enactment, to be treated as having been made or given in connection with his transfer to a place in the part of the United Kingdom mentioned in that subsection.
Any reference in any of subsections (2) to (4) above to a provision of any Act or Order includes a reference to any earlier provision (whether of that Act or Order as originally enacted or made or as previously amended, or otherwise) to the like effect.
At any time when a merchant seaman is not resident in the United Kingdom and would have been resident there but for the nature of his occupation, he shall be entitled to be treated for the purposes of section 4 aboveas resident— For this purpose “merchant seaman” means any person not having a service qualification whose employment or the greater part of it is carried out on board seagoing ships, and includes any such person while temporarily without employment.
at any place at which he would have been resident but for the nature of his occupation; or
at any hostel or club providing accommodation for merchant seamen at which he commonly stays in the course of his occupation.
This section applies to a person who—
is a patient in a mental hospital (whether or not he is liable to be detained there), but
is not a person to whom section 3A above or section 7A below applies.
A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the mental hospital in question if the length of the period which he is likely to spend at the hospital is sufficient for him to be regarded as being resident there for the purposes of electoral registration.
any office, place or employment, and
direct the council . . . by whom the powers are exercisable, to make any alterations which the Electoral Commission thinks necessary in the circumstances, and
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This section applies where, in the case of a candidate at an election—
either—
property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or
property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and
the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.
for himself, or
For the purposes of subsection (1)(b), except as it applies in relation to an election in ... ... under the local government Act, property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.
if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,
Where this section applies— unless that amount is not more than £50.
an amount of election expenses determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and
the candidate’s election agent shall make a declaration of that amount,
Rules made under this subsection need not comply with the requirements of subsection (2) above.
As regards lists of candidates submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members), the provision that may be made by rules under subsection (2A) above includes provision for or in connection with any of the following—
the inclusion, withdrawal, addition or removal of persons;
cases where a person included in such a list is or becomes, or seeks to become, an individual candidate to be a London member of the London Assembly.
if the council . . . fails to make those alterations within a month after the direction is given, himself make the alterations,
references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election
Appendix EU to the Guernsey immigration rules,
Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either— as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.
the market value of the property or goods (where the property or goods is or are transferred free of charge), or
the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),
chambers, or offices, or
the holding of public meetings or of arbitrations,
Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either— as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.
the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or
the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),
Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this section the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).
In this section “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent.
“Guernsey immigration rules” means the rules made in respect of the Bailiwick of Guernsey under sections 1(4) and 3(2) of the 1971 Act as extended to that Bailiwick;
the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;
of holding public meetings or organising any public display; or
on conviction on indictment, to imprisonment for a term not exceeding one year, or to a fine, or to both;
the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or
of issuing advertisements, circulars or publications; or
on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
the official mark.
of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate or
every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,
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A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until— whichever first occurs.
the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or
the registration officer determines in accordance with regulations that the person was not entitled to be registered, or
the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person, or
another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),
Where the entitlement of such a person to remain so registered terminates by virtue of subsection (3) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of subsection (2).
shall be made with a view to registration in the register of electors for a particular year and with reference to the qualifying date for that register,
shall be made during the 12 months ending with the qualifying date by reference to which it is made but shall not have effect if after it is made and before that date the declarant ceases to be a voluntary mental patient or cancels the declaration,
may be made by a declarant notwithstanding the fact that by reason of his age he is not yet entitled to vote,
shall state that it was made by the declarant without assistance, and shall state—
the date of the declaration,
that on that date and, unless it is the qualifying date, on the qualifying date next following the declarant is or will be a voluntary mental patient,
the address of the mental hospital in which the declarant is a voluntary mental patient,
the address where the declarant would be resident in the United Kingdom if he were not a voluntary mental patient or, if he cannot give any such address, an address (other than a mental hospital) at which he has resided in the United Kingdom,
that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland, and
whether the declarant had on the date of the declaration attained the age of 18 years and, if he had not, the date of his birth, and a patient's declaration shall be attested in the prescribed manner.
Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—
by virtue of his residence at some place other than the mental hospital in which he is a patient, or
in pursuance of a declaration of local connection.
In this section “mental hospital” means any establishment (or part of an establishment) maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder; and for this purpose “mental disorder”—
in relation to England or Wales, has the same meaning as in the Mental Health Act 1983,
in relation to Scotland, has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 , and
in relation to Northern Ireland, has the same meaning as in the Mental Health (Northern Ireland) Order 1986.
A voluntary mental patient whose patient's declaration is made with reference to the qualifying date for any register shall be treated in relation to that register—
as resident on the qualifying date at the address specified in the declaration pursuant to paragraph (d)(iv) of subsection (4) above;
in the case of registration in Northern Ireland, as resident in Northern Ireland during the whole of the period of 3 months ending on the qualifying date; and
in any case, until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.
Where a patient's declaration appearing to be properly made out and attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having been from the date of the declaration or such later date, if any, as appears from it, and as continuing to be, qualified to be registered as an elector.
No patient's declaration shall be specially made by a person for the purpose of local government elections, and any patient's declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government electrons; but—
a patient's declaration may be made for the purpose of local government elections only by a person who is a peer subject to a legal incapacity to vote at parliamentary elections; and
where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as any other patient's declaration.
For the registration of electors there shall be electoral registration officers (in this Act referred to as “registration officers”).
In England . . .—
the council of every district and London borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the district or borough, and
in relation to any constituency part of which consists of some or all of the area of the City and the Inner and Middle Temples, the Common Council shall appoint an officer to be registration officer for that part of the constituency.
In Scotland, every local authority shall appoint an officer of the authority for their area or for any adjoining area, or an officer appointed by any combination of local authorities, to be registration officer for any constituency or part of a constituency which is situated within their area.
In Wales, the council of every county or county borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the area of the council.
In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the registration officer for each constituency.
Each registration officer shall maintain—
a register of parliamentary electors for each constituency or part of a constituency in the area for which he acts; and
a register of local government electors for the local government areas or parts of local government areas included in the area for which he acts.
Subject to any other provision of this Act, each register shall contain—
the names of persons who appear to the registration officer to be entitled to be registered in it and in respect of whom a successful application for registration has been made;
(subject to any prescribed exceptions) the qualifying addresses of the persons registered in it; and
in relation to each such person, that person’s electoral number.
A person’s electoral number is such number (with or without any letters) as is for the time being allocated by the registration officer to that person as his electoral number for the purposes of the register in question.
have a house to house or other sufficient inquiry made as to the persons entitled to be registered (excluding persons entitled to be registered in pursuance of a service declaration);
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have prepared and published electors lists showing the persons appearing to him to be entitled to be registered together with their qualifying addresses ;
The Chief Electoral Officer for Northern Ireland must conduct a canvass in Northern Ireland in such years as are determined in accordance with section 10ZA.
determine all claims for registration duly made by any person, and all objections to any person's registration duly made by another person appearing from the electors lists to be himself entitled to be registered including claims and objections asking for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to be treated as an elector.
The canvass under subsection ... (1A) shall be conducted by reference to residence on 15th October in the year in which it is conducted.
A canvass under this section shall not, however, be concerned with—
the registration of persons in respect of residence in penal institutions (within the meaning of section 3 above) or mental hospitals (within the meaning of section 7 above) or other places at which persons to whom section 7A above applies may be detained; or
the registration of persons in pursuance of—
declarations of local connection,
service declarations, or
overseas electors’ declarations; or
the registration of persons with anonymous entries in the register.
The form to be used for the purposes of a canvass under this section must comply with such requirements as to its form or content as shall be prescribed by the Secretary of State after having consulted the Electoral Commission.
Subject to subsections (4B) and (4BZA) below, the information to be obtained by the use of such a form ... shall include—
the signature of each of the persons in relation to whom the form is completed;
the date of birth of each such person; and
in relation to each such person— and the power in subsection (4) above to prescribe requirements includes power to give effect to the requirements of this subsection.
his national insurance number or a statement that he does not have one,
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any address in the United Kingdom in respect of which he is or has applied to be registered (other than the address in respect of which the form is completed),
The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (4A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of blindness or any other disability of his or because he is unable to read.
The requirement mentioned in subsection (4A)(a) above does not apply to forms that are submitted through the UK digital service.
If requested to do so by the Secretary State for the purposes of making regulations under subsection (4), the Electoral Commission must design a form for the purposes of a canvass under this section.
In connection with a canvass under this section the Chief Electoral Officer for Northern Ireland may, for the purpose of— make such house to house inquiries as he thinks fit.
supplementing the information obtained by the use of any such form, or
where any such form has not been returned, obtaining any information designed to be obtained by the use of the form,
On the conclusion of a canvass under this section the Chief Electoral Officer for Northern Ireland shall make such alterations in his registers as fall to be made in accordance with section 10A below as a result of the canvass.
In this section—
Each registration officer must take all steps that are necessary for the purpose of complying with his duty to maintain the registers under section 9 above and —
in the case of a registration officer in Great Britain, for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it, and
in the case of the Chief Electoral Officer for Northern Ireland, for the purpose of meeting the relevant registration objectives.
The steps include—
for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England or in Scotland or Wales, sending to any address at least one communication to be used for the canvass under section 9D below;
for the purposes of a register maintained by the Chief Electoral Officer for Northern Ireland under section 9—
no earlier than 1 July in a year in which a canvass under section 10 is conducted, sending to any address a notice that includes the following information—
details of the canvass, including any time by which the form to be used for the purposes of the canvass is to be submitted,
an invitation to submit that form through the UK digital service, and
instructions on how to do so;
at any time after sending the notices under sub-paragraph (i), sending the form to be used for the purposes of the canvass to any non-responding registered person;
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making on one or more occasions house to house inquiries under section 9D(5) or 10(5);
for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England or in Scotland or in Wales, making on one or more occasions contact with persons by telephone;
making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register;
inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law;
providing training to persons under his direction or control in connection with the carrying out of the duty.
In relation to the registration of local government electors in Scotland, subsections (1) and (2)(b) do not require a registration officer to make house to house inquiries in relation to any person under the age of 16.
In relation to the registration of local government electors in Wales, subsections (1) and (2)(b) do not require a registration officer to make house to house inquires in relation to any person under the age of 16.
Regulations made by the Secretary of State may amend subsection (2) by—
varying any of the paragraphs in that subsection;
inserting any paragraph;
repealing any paragraph.
In this section—
Where a register of electors as published does not carry out the registration officer's intention— then (subject to the decision on any appeal from a decision on a claim or objection) the registration officer on becoming aware of the fact shall make the necessary correction in the register.
to include the name of any person shown in the electors lists as a person entitled to be registered, or
to give or not to give in a person's entry a date as that on which he will attain voting age, or as to the date to be given, or
to give effect to a decision on a claim or objection made with respect to the electors lists,
Where— the registration officer shall make the necessary correction in the register.
paragraph (a) of subsection (1) above does not apply, but
the registration officer is satisfied by such evidence as he may require that any person whose name is not included in a register of electors as published is entitled to be registered in that register,
An alteration made in a register of electors under subsection (1) or subsection (2) above on or after the date on which notice of an election is given shall not have effect for the purposes of that election.
No alteration shall be made in a register of electors as published otherwise than under—
subsection (1) or subsection (2); or
the provisions of sections 56 to 58 below relating to appeals.
An application under this section (an application for an anonymous entry) may be made—
by any person, in conjunction with an application for registration under section 10ZC or 10A(1)(a), or
by a person who already has an anonymous entry, for the purposes of remaining registered with such an entry (see section 9C(3)).
An application for an anonymous entry must be made in accordance with prescribed requirements and must be accompanied by—
a declaration made in accordance with prescribed requirements, and
such evidence in support as may be prescribed.
A registration officer who receives an application for an anonymous entry must determine whether the safety test is satisfied (unless, in the case of an application under subsection (1)(a), the person's application for registration has been rejected otherwise than by virtue of this section).
If the registration officer determines that the safety test is satisfied—
section 9(2) above does not apply in relation to the person; and
the person's entry in the register shall instead contain letters in the prescribed form and his electoral number.
An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry.
If an anonymous entry is made in respect of a person as the result of an application under subsection (1)(a), the registration officer shall remove any other entry in the register for that person.
If a person makes an application under subsection (1)(a) and the registration officer determines that the safety test is not satisfied, no entry is to be made in the register as a result of the person's application under section 10ZC or 10A(1)(a) (whether an anonymous entry or otherwise).
Subsection (6) above does not affect—
any other entry in the register for the person;
the determination of any further application for registration which is made by the person (including an application which is treated as having been made by him by virtue of section 10A(2) below) ...
Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.
Subsection (8) does not apply to a communication relating only to a local government election in Scotland.
The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address.
In this section, “determines” means determines in accordance with regulations.
A person who may be entitled to vote as an elector at parliamentary elections for which any register is to be used is entitled to be registered in that register, subject to—
section 7(3) above, as to a person who on the qualifying date is a voluntary mental patient, and subsections (3) and (4) below as to one who on the qualifying date has a service qualification ; and
any enactment imposing a disqualification for registration as a parliamentary elector.
A person who may be entitled to vote as an elector at local government elections for which any register is to be used is entitled to be registered in that register, subject to—
section 7(3) above, as to a person who on the qualifying date is a voluntary mental patient, and subsections (3) and (4) below as to one who on the qualifying date has a service qualification ; and
any enactment imposing a disqualification for registration as a local government elector.
A person who on the qualifying date has a service qualification is not entitled to be registered as mentioned in subsection (1) or subsection (2) above except in pursuance of an appropriate service declaration; and in this subsection and in subsection (4) below "appropriate service declaration" means—
in the case of a person who on the qualifying date is a member of the forces or the wife or husband of such a member, a service declaration made in accordance with section 15 below and in force on that date; and
in any other case, a service declaration made in accordance with that section with reference to that date.
Subsection (3) above does not apply to a person who on the qualifying date is the wife or husband of a member of the forces if on that date—
that person has no other service qualification ;
that person is resident in the United Kingdom ; and
no appropriate service declaration is in force in respect of that person.
A person otherwise qualified is entitled to be registered in a register of parliamentary electors or a register of local government electors if he will attain voting age before the end of the twelve months following the day by which the register is required to be published; but, if he will not be of voting age on the first day of those twelve months—
his entry in the register shall give the date on which he will attain that age; and
until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than purposes of an election at which the day fixed for the poll is that or a later date.
If a person has an anonymous entry in a register maintained by a registration officer in Great Britain, his entitlement to remain registered ... terminates—
at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or
if the declaration made for the purposes of section 9B is cancelled at any time before the expiry of that 12 month period, at the time when the declaration is cancelled.
If a person (“P”) has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, P’s entitlement to remain registered terminates at the end of such period of five years or less beginning with the relevant date, as that officer determines in relation to P.
But if, at any time before the expiry of the period determined under subsection (1A)— P’s entitlement to remain registered terminates at that time.
the declaration made for the purposes of section 9B is cancelled, or
the Chief Electoral Officer determines that the safety test is no longer satisfied,
In subsection (1A) “the relevant date” means—
where P’s anonymous entry is the result of an application under section 9B(1)(a), the date when P’s entry in the register first takes effect; or
where P’s anonymous entry is the result of an application under section 9B(1)(b), the date when the Chief Electoral Officer determines under section 9B(2) that the safety test is satisfied.
Subsection 9B(10) (meaning of “safety test”) applies for the purposes of subsection (1B) (treating references to the applicant for an anonymous entry as references to P).
A determination under subsection (1A) or (1B) must be made in accordance with regulations.
This section does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before the time at which it would terminate under this section.
If a person's entitlement to remain registered terminates by virtue of this section, the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of ... a further application under section 9B.
Each registration officer must for each year publish a revised version of his registers—
if there is a canvass in his area in that year, during the period starting with the end of the canvass in that year and ending with 1st December in that year or such later date as may be prescribed, or
if (in Northern Ireland) there is no canvass in that year, on 1st December in that year or by such later date as may be prescribed.
The revised versions of the registers shall incorporate—
all the alterations which are required to be made in them as mentioned in section 10(6) above; and
any alterations which are required to be made by virtue of section 13A(3) or (3A) below.
Subsection (1)(a) above has effect, in the case of a registration officer acting for an area in which (or in part of which) an election to which section 13B below applies is held during the period— as if for “1st December in that year” there were substituted 1st February in the following year.
starting with 1st July in the year in question, and
ending with 1st December in that year,
A registration officer may in addition, if he thinks fit, publish a revised version of either of his registers at any time between— and a registration officer proposing to publish a revised version of a register in accordance with this subsection must publish notice of his intention to do so by such time and in such manner as may be prescribed.
the time when the register was last published in accordance with subsection (1) above, and
the time when it is due to be next so published;
When revising a register for publication under this section the registration officer shall make such changes affecting the electoral numbers of persons registered in the register as he considers necessary in order to comply with section 9(4) above.
Where a revised version of a register is published at any time under this section, the register has effect in the form in which it is so published as from that time until the time when—
a revised version is next so published, or
if earlier, any alteration to the register takes effect under any of sections 13A to 13BC below.
Any reference in this section or section 13A below to the publication of a revised version of the register is to its publication in accordance with regulations made in pursuance of paragraphs 10A and 10B(1)(a) of Schedule 2 to this Act.
Each registration officer in Great Britain must conduct an annual canvass in relation to the area for which the officer acts.
The purpose of the canvass is to ascertain—
the names and addresses of persons who are entitled to be registered in a register maintained by the officer but who are not registered;
those persons who are registered in such a register but who are not entitled to be registered.
The canvass is to be conducted in a manner to be set out in regulations.
The regulations may confer functions on the Electoral Commission (for example, the Commission may be required to design a canvass form or, except for the purposes of a register of local government electors in Scotland or Wales, one or more canvass communications).
A registration officer may make house to house inquiries for the purposes of the canvass, for example—
to obtain information before sending out a canvass form or communication,
except for the purposes of a register of local government electors in Scotland or Wales, to obtain the information required by a canvass form,
to supplement information provided on a canvass form or communication, or
to obtain information where no canvass form or communication is returned.
Nothing in this section applies in relation to—
the registration of persons in respect of residence in penal institutions (within the meaning of section 3) or mental hospitals (within the meaning of section 7) or other places at which persons to whom section 7A applies may be detained,
the registration of persons in pursuance of declarations of local connection, service declarations or overseas electors' declarations, or
the registration of persons with anonymous entries in the register.
A registration officer in Great Britain must give a person an invitation to apply for registration in a register maintained by the officer if—
the officer is aware of the person's name and address,
the person is not registered in the register, and
the officer has reason to believe that the person may be entitled to be registered in the register.
Regulations may make provision about invitations under subsection (1), including—
provision about the form and contents of invitations;
provision about the giving of invitations (for example, provision about the manner in which they must be given or how often they must be given);
provision requiring invitations to be accompanied by, or combined with, application forms or other documents (including partially completed application forms).
Regulations under subsection (2) may confer functions on the Electoral Commission (for example, the Commission may be required to design an invitation).
A registration officer who gives a person an invitation under subsection (1) may subsequently require the person to make an application for registration by a specified date.
A requirement under subsection (4) is of no effect if the person is not entitled to be registered.
Regulations—
may make provision about requirements under subsection (4) (including provision for them to be cancelled in specified circumstances);
may specify steps that a registration officer must take before imposing a requirement.
A registration officer may impose a civil penalty on a person who fails to comply with a requirement imposed by the officer under subsection (4).
In relation to the registration of local government electors in Scotland, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed.
In relation to the registration of local government electors in Wales, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed.
For more about civil penalties under this section, see Schedule ZA1.
A canvass under section 10(1A) must be conducted in—
the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply;
the year 2021;
the year 2030;
every tenth year following 2030.
A canvass under section 10(1A) must be conducted in an intervening year if—
on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and
the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose.
If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016.
“Intervening year” means a year other than—
2010,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if no canvass under section 10(1A) is conducted before the end of 2015, 2016,
2021,
2030, and
every tenth year following 2030.
The Secretary of State may not make an order under subsection (1)(a) unless—
on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and
the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose.
The power to make an order under subsection (1)(a) is exercisable by statutory instrument.
No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
“Recommendation” means a written recommendation to the Secretary of State.
The relevant registration objectives are to secure, so far as reasonably practicable—
that every person who is entitled to be registered in a register is registered in it,
that no person who is not entitled to be registered in a register is registered in it, and
that none of the required information relating to any person registered in a register is false.
But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded.
“Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9.
“The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)—
the person's name;
the person's qualifying address;
the person's date of birth;
subject to subsection (5), the person's signature;
the person's national insurance number or a statement that he does not have one.
The required information does not include the person's signature if—
the Chief Electoral Officer has dispensed with the requirement to provide a signature, ... or
the registration was made following an application for registration submitted through the UK digital service.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be.
In subsection (5)(aa), “the UK digital service” has the same meaning as in section 10ZF, and the reference to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A registration officer in Great Britain must enter a person (“P”) in a register maintained by the officer if—
an application for registration is made by someone who appears to the officer to be P,
any requirements imposed by or under this Act in relation to the application are met, and
P appears to the officer to be entitled to be registered in the register.
In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.
Regulations may make provision about the procedure for determining applications under this section.
The power to make regulations under this section—
so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister, and
so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister.
The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—
the power is not exercisable without the agreement of a Minister of the Crown, and
regulations made in exercise of the power are subject to the negative procedure.
The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.
A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this section—
residence scheme immigration rules within the meaning of Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17(1) of that Act),
A registration officer in Great Britain must alter the name or address in respect of which a person (“P”) is registered in a register maintained by the officer if—
an application for alteration is made by someone who appears to the officer to be P,
any requirements imposed by or under this Act in relation to the application are met, and
P appears to the officer to be entitled to be registered in the register in respect of the new name or the new address (as the case may be).
In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.
Regulations may make provision about the procedure for determining applications under this section.
The power to make regulations under this section—
so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister, and
so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister.
The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—
the power is not exercisable without the agreement of a Minister of the Crown, and
regulations made in exercise of the power are subject to the negative procedure.
The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.
A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this section “election in Scotland”, “election in Wales” and “UK digital service” have the same meaning as in section 10ZC.
Where a person is entered in a register in respect of an address in Great Britain, the person is entitled to remain registered until the registration officer concerned determines that—
the person was not entitled to be registered in respect of the address,
the person has ceased to be resident at the address or has otherwise ceased to satisfy the conditions for registration set out in section 4, or
the person was registered as the result of an application under section 10ZC made by some other person or the person's entry has been altered as the result of an application under section 10ZD made by some other person.
Where a person's entitlement to remain registered terminates by virtue of subsection (1), the officer must remove the person's entry from the register.
A registration officer may make house to house inquiries for the purpose of deciding whether or not to make a determination under subsection (1).
Regulations may make provision about the procedure for making determinations under subsection (1), which may include provision requiring an officer to take prescribed steps before making a determination.
A registration officer in Great Britain must consider whether to make a determination under subsection (1) if the officer—
receives an objection to a person's registration in a register maintained by the officer, or
otherwise becomes aware of information that causes the officer to suspect that a condition in subsection (1)(a) to (c) may be met in relation to a person's entry in such a register.
Subsection (5)(a)—
applies only if the objection to the person's registration is made in accordance with the prescribed requirements by someone whose name appears in the register, and
does not apply if the person has an anonymous entry in the register.
Nothing in this section applies in relation to the registration of persons in pursuance of—
applications for registration made by virtue of section 7(2) or 7A(2), or
declarations of local connection, service declarations or overseas electors' declarations.
In this section “resident” means resident for the purposes of section 4.
The Minister of the Crown responsible for providing the UK digital service shall have the following functions in connection with providing that service—
acting as an intermediary for the purposes of the receipt of— in respect of addresses in Northern Ireland on behalf of the Chief Electoral Officer for Northern Ireland;
online canvass forms, and
online applications for registration,
the transmission of such forms or applications to the Chief Electoral Officer.
Where it is possible for electronic communications or electronic storage to be used for any of the purposes specified in subsection (3), such communication or storage may, subject to any enactment (including any conditions imposed by any enactment), be used instead of any other form of communication or storage.
The purposes are—
the exercise by the Minister of the Crown responsible for providing the UK digital service of any function conferred on the Minister—
by subsection (1), or
under paragraph 1A of Schedule 2 in connection with applications for registration in respect of addresses in Northern Ireland;
anything done through the UK digital service in connection with an application for registration in respect of an address in Northern Ireland.
In this section—
The Chief Electoral Officer for Northern Ireland shall determine all applications for registration which are—
made to him in accordance with the prescribed requirements, or
treated as made to him by virtue of subsection (2) below.
A person who makes an application for registration in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—
residence determined in accordance with section 6 (residence: merchant seamen),
a declaration of local connection, or
an overseas elector’s declaration.
Subject to subsections (1B) and (1C) below, an application for registration in respect of an address in Northern Ireland shall include—
the signature of each of the persons to whom the application relates;
the date of birth of each such person; and
in relation to each such person— and the power in subsection (1) above to prescribe requirements includes power to give effect to the requirements of this subsection.
his national insurance number or a statement that he does not have one,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
any other address in the United Kingdom in respect of which he is or has applied to be registered,
The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (1A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of blindness or any other disability of his or because he is unable to read.
The requirement mentioned in subsection (1A)(a) does not apply to an application submitted through the UK digital service.
Where— he shall be treated as having made. . . an application for registration in the register in respect of that address.
in connection with a canvass under section 10 above, the form completed in respect of any address specifies any person as a person who is entitled to be registered in a register, and
that person is not for the time being registered in the register in respect of that address,
The application referred to in subsection (2) above shall ... be treated as made on the 15th October in the year in question.
Where the form referred to in paragraph (a) of subsection (2) above is submitted through the UK digital service, the application referred to in that subsection shall be treated as having been submitted through the UK digital service.
The Chief Electoral Officer for Northern Ireland shall also determine all objections to a person’s registration in Northern Ireland made in accordance with the prescribed requirements by another person whose name appears in the register in question.
Subsection (3) above applies to an objection to a person's registration whether the objection is made before or after the person is registered in the register.
No objection to a person's registration may be made if the person has an anonymous entry in the register.
Subsections (1) and (3) above apply to applications and objections in Northern Ireland asking— as they apply to applications for registration and objections to a person’s registration respectively.
for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to registration, or
for the alteration of the qualifying address in respect of which a person is registered,
Subject to subsection (5A) below, where ... a person (“the elector”) is . . . entered in a register in respect of any address in Northern Ireland, the elector is entitled to remain registered in the register in respect of that address until such time as the Chief Electoral Officer for Northern Ireland—
determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because— the Officer is unable to satisfy himself that the elector was then so resident at that address, or
the form mentioned in section 10(4) above was not returned in respect of that address, or
for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,
determines that the elector was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.
A person’s name is to be removed from the register in respect of any address if—
the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or
the Chief Electoral Officer for Northern Ireland determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.
The Chief Electoral Officer for Northern Ireland may, for the purpose of obtaining any information relevant to a determination under subsection (5)(b) above, make such house to house inquiries as he thinks fit.
Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, or his name is to be removed from it by virtue of subsection (5A) above, the Chief Electoral Officer for Northern Ireland shall remove that person’s entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.
Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise the Chief Electoral Officer for Northern Ireland to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.
Nothing in subsection (5), (5A) or (6) applies in relation to the registration of persons in pursuance of—
applications for registration made by virtue of section 7(2) or 7A(2) above; or
declarations falling within section 10(3)(b) above.
In this section—
Where a person meets the condition in subsection (1A) or the condition in subsection (1B), the Chief Electoral Officer for Northern Ireland shall allocate a unique reference number (a “digital registration number”) to the person if no such number has previously been allocated to that person.
A person meets the condition in this subsection if, following receipt of an application for registration made by the person in respect of an address in Northern Ireland and submitted through the UK digital service, the Chief Electoral Officer determines that the person is entitled to be registered in the register.
A person meets the condition in this subsection if—
in connection with a canvass under section 10 above, the form completed in respect of any address specifies the person as a person who is entitled to be registered in a register,
the form is submitted through the UK digital service,
section 10A(2) above does not apply, and
following receipt of the form, the Chief Electoral Officer determines that the person is entitled to be registered in the register.
Subsection (3) applies—
where a digital registration number has been allocated to a person under subsection (1), ...
where, following— the Chief Electoral Officer determines that the person’s registration in the register is to be amended in accordance with the application or form, or
an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been issued, or
(where section 10A(2) above does not apply) the submission of a form in connection with a canvass under section 10 above through the UK digital service by such a person,
where, following— the Chief Electoral Officer determines that the person’s registration in the register is not to be amended in accordance with the application or form.
an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been issued, or
the submission of a form in connection with a canvass under section 10 above through the UK digital service by such a person,
Where this subsection applies, the Chief Electoral Officer shall send the person a notification by the appropriate method (see subsection (3A)) of the digital registration number allocated to that person together with an explanation of—
the fact that the digital registration number is required for an application for an absent vote pursuant to section 6(1)(bba)(ii) or 7(1)(bba)(ii) of the Representation of the People Act 1985, and
how a further notification of the digital registration number may be obtained if the person requires it.
In subsection (3), “by the appropriate method” means—
in a case falling within subsection (2)(a) or (b), by post;
in a case falling within subsection (2)(c) —
by post, or
if the person has given an email address in the application or form, by email to that address.
If, after a notification has been sent to a person under subsection (3) or a further notification issued under subsection (6), the person requires a further notification of the digital registration number the person may apply to the Chief Electoral Officer for Northern Ireland for a further notification of the number.
An application under subsection (4) must set out—
the applicant’s—
name,
date of birth, and
national insurance number or a statement that the applicant does not have one (giving the reason why), and
the address in respect of which the applicant is, or has applied to be, registered.
Where the Chief Electoral Officer for Northern Ireland is satisfied that the information contained in an application under subsection (4) corresponds with the information held by the Chief Electoral Officer in relation to the applicant, the Chief Electoral Officer shall issue a further notification of the digital registration number to the applicant.
A further notification under subsection (6) shall be issued by—
giving it to the applicant in person, or
sending it to the applicant—
by post, ...
if the applicant has given an email address in an application or form mentioned in subsection (1A), (1B) or (2), by email to that address , or
if the applicant has given a mobile telephone number in an application or form mentioned in subsection (1A), (1B) or (2), by text message to that number.
A notification or further notification by post pursuant to subsection (3) or (7)(b)(i) shall be sent—
in the case of a person who is registered, or has made an application for registration, in pursuance of a service declaration, to the address given on the application form as the person’s present address or, if the Chief Electoral Officer is satisfied the applicant has moved to another address, to that address, or
in any other case, to the address in respect of which the person is, or is entitled to be, registered.
In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to a form or an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.
This section applies where, at any time (“the relevant time”) after the publication of a revised version of a register by a registration officer under section 13 above, the registration officer—
is required by section 10ZC(1) to enter a person in the register;
is required by section 10ZD(1) to alter a person's entry in the register;
on an application for registration in Northern Ireland being made by any person in accordance with the prescribed requirements, determines that that person is entitled to be so registered;
is required, by virtue of any provision of this Part of this Act, to remove a person’s entry from the register;
is notified of any decision on an appeal by virtue of section 56 or 58 below which requires any such alteration in the register as is mentioned in subsection (4) of that section; or
determines that the register contains any clerical error or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect.
In such a case the registration officer shall (subject to subsection (3) below) issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
the notice shall be so issued by him—
on the first day of the month which follows that in which the relevant time falls, or
if that day is less than 14 days after that time, on the first day of the month immediately following that month; and
(subject to sections 13B(1) and 13BA(1) below) the alteration in question shall have effect as from the beginning of the day on which the notice is issued.
A person who makes an application under subsection (1)(a) in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—
residence determined in accordance with section 6 (residence: merchant seamen),
a declaration of local connection, or
an overseas elector’s declaration.
Subject to subsections (2B) and (2C) below, an application for registration under subsection (1)(a) above in respect of an address in Northern Ireland shall include—
the signature of each of the persons to whom the application relates;
the date of birth of each such person; and
in relation to each such person— and the power in subsection (1)(a) above to prescribe requirements includes power to give effect to the requirements of this subsection.
his national insurance number or a statement that he does not have one,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
any other address in the United Kingdom in respect of which he is or has applied to be registered,
The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (2A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.
The requirement mentioned in subsection (2A)(a) does not apply to an application submitted through the UK digital service.
Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued— and in such a case the alteration in question shall be made in that revised version of the register.
at the beginning of the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) or (3) above, or
at the beginning of either of the two months preceding that containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a) above,
Subsection (2)(a)(ii) also does not require a registration officer in Great Britain to issue a notice under subsection (2) in a case where the month which follows that in which the relevant time falls is the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a); and in such a case the alteration in question shall be made in that revised version of the register.
Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section 13AB(2), 13B(3), (3B) or (3D), 13BA(3), (6) or (9) or 13BC(3) or (6) below requires him to issue a notice under that provision.
No alteration affecting a published version of a register of electors shall be made otherwise than in accordance with this section, section 13AB, section 13B, section 13BA or section 13BC below.
For the purposes of subsection (1) above “determines” means determines in accordance with regulations; and section 119 below shall apply for the purposes of subsection (2)(a) above as if it were contained in Part II of this Act.
In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.
Subsections (2) and (3) apply in relation to an interim publication date where—
at any time before the interim publication date, section 13A applies to a registration officer (by virtue of section 13A(1)) in connection with a determination, requirement or decision within section 13A(1)(za), (zb), (b), (c) or (d),
in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area, and
no alteration made in consequence of the determination, requirement or decision has already taken effect, or is due to take effect, under a relevant provision on or before the interim publication date.
On the interim publication date the registration officer must issue, in the prescribed manner, a notice specifying the appropriate alteration in the register.
The alteration takes effect from the beginning of the interim publication date.
There are two interim publication dates (in relation to a registration officer and an election to which this section applies).
The first interim publication date is the last day on which nomination papers may be delivered to the returning officer for the purposes of the election.
The second interim publication date is to be determined by the registration officer, but must be a day after the first interim publication date and before the appropriate publication date.
In subsection (1)(c) “relevant provision” means—
in relation to the first interim publication date, section 13A(2) or 13BC(3) or (6);
in relation to the second interim publication date—
section 13A(2);
section 13BC(3) or (6);
subsection (3) of this section as it applies in relation to the first interim publication date.
In determining for the purposes of subsection (1)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the interim publication date, the reference to section 13AB in section 13BC(2) is to be disregarded.
This section applies to—
parliamentary elections in England, Wales or Scotland;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
elections to the Scottish Parliament;
elections to the National Assembly for Wales;
local government elections in England, Wales or Scotland;
elections of police and crime commissioners in England and Wales.
Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.
Subsection (2) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.
If, by virtue of section 13A(2) above or section 13BC(3) or (6) below, an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.
Subsection (3) below applies where—
at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of paragraphs (za), (zb), (b), (c) and (d) of that subsection;
in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and
no alteration made in consequence of the determination, requirement or decision— under subsection (2) of that section, or under section 13AB(3) or section 13BC(3) or (6), on or before the fifth day before the date of the poll.
has already taken effect, or
is due to take effect,
In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
the notice shall be so issued by him on the appropriate publication date; and
the alteration shall take effect as from the beginning of that day.
In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.
Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.
Subsection (3B) below applies where—
at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and
in consequence of the notification—
an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
his entry in the register requires to be altered.
In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
the notice shall be so issued by him when he receives the notification; and
the alteration shall take effect as from the beginning of the day on which the notice is issued.
Subsection (3D) below applies where—
at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;
the determination was made following a representation made by or on behalf of a person to the registration officer; and
in consequence of the determination—
an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
his entry in the register requires to be altered.
In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
the notice shall be so issued by him when he makes the determination; and
the alteration shall take effect as from the beginning of the day on which the notice is issued.
In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.
This section applies to the following elections—
parliamentary elections in England, Wales or Scotland,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
elections to the Scottish Parliament,
elections to the National Assembly for Wales, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
local government elections in England, Wales or Scotland and
elections of police and crime commissioners in England and Wales.
In this section—
Section 119 below shall apply for the purposes of this section as if—
it were contained in Part II of this Act; and
each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.
An alteration in a published version of a register of electors which takes effect under section 13A(2) above after the final nomination day in the case of an election to which this section applies shall not have effect for the purposes of that election unless the alteration—
is made in consequence of a decision or determination falling within section 13A(1)(c) or (d) above; and
takes effect on or before the fifth day before the date of the poll.
Subsection (3) below applies where—
at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a decision or determination—
falling within subsection (1)(c) or (d) of that section, and
in consequence of which a person’s name falls to be entered in (or removed from) the register in respect of an address in the relevant election area; and
no alteration made in consequence of that decision or determination— under subsection (2) of that section on or before the fifth day before the date of the poll.
has already taken effect, or
is due to take effect,
In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—
the notice shall be so issued by him on the appropriate publication date; and
the alteration shall take effect as from the beginning of that day.
This section applies to the following elections—
parliamentary elections in England, Wales or Scotland,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
elections to the Scottish Parliament,
elections to the National Assembly for Wales, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
local government elections in England, Wales or Scotland and
elections of police and crime commissioners in England and Wales.
In this section—
Section 119 below shall apply for the purposes of this section as if—
it were contained in Part II of this Act; and
each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.
An alteration in a published version of a register of electors which takes effect under section 13A(2) or section 13BC(3) or (6) after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration—
is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and
takes effect on or before the fifth day before the date of the poll.
Subsection (3) applies if—
at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and
no alteration made in consequence of that determination or requirement— under section 13A(2), or section 13BC(3), on or before the final nomination day.
has already taken effect, or
is due to take effect,
If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.
In determining for the purposes of subsection (2)(b) whether an alteration made in consequence of the determination or requirement is due to take effect under section 13BC(3) on or before the final nomination day, the reference to section 13BA in section 13BC(2) is to be disregarded.
Subsection (3) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) requires the officer to issue a notice under that provision at an earlier time.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (6) applies if—
at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and
no alteration made in consequence of that decision or determination— under section 13A(2), or section 13BC(3) or (6), on or before the fifth day before the date of the poll.
has already taken effect, or
is due to take effect,
The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.
In determining for the purposes of subsection (5)(b) whether an alteration made in consequence of the decision or determination is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13BA in section 13BC(2) is to be disregarded.
Subsection (6) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.
Subsection (9) applies if—
at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and
in consequence of the notification—
an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
his entry in the register needs to be altered.
Subsection (9) also applies if—
at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d),
the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and
in consequence of the determination—
an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or
his entry in the register needs to be altered.
The Chief Electoral Officer must, when— issue a notice specifying the appropriate alteration in the register.
he receives the notification referred to in subsection (7), or
he makes the determination referred to in subsection (8),
In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.
A notice under subsection (3), (6) or (9)—
is to be issued in the prescribed manner, and
takes effect from the beginning of the day on which it is issued.
This section applies to—
parliamentary elections in Northern Ireland,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
elections to the Northern Ireland Assembly.
Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies if—
a Speaker's notice is given in relation to a recall petition in respect of an MP under the Recall of MPs Act 2015 (“the 2015 Act”), and
a day is designated in relation to that petition under section 7(1)(b) of that Act (first day of the signing period).
Subsection (3) applies where—
at any time before the cut-off day, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—
a requirement or determination falling within paragraph (za) or (a) of that subsection in respect of a qualifying application for registration,
a requirement falling within paragraph (zb) of that subsection in respect of an entry in the register resulting from a qualifying application for registration, or
a requirement, decision or determination falling within any of paragraphs (b) to (d) of that subsection,
in consequence of the requirement, determination or decision, an entry relating to a person falls to be made or altered in, or removed from, the relevant register,
no alteration made in consequence of the requirement, determination or decision has already taken effect, or is due to take effect, under section 13A, 13AB, 13B or 13BA on or before the cut-off day, and
if the relevant register is for a constituency in Northern Ireland, the Chief Electoral Officer for Northern Ireland is supplied on or before the prescribed date with such additional material as is prescribed supporting the appropriate alteration in the register.
In such a case—
the registration officer must issue, in the prescribed manner on the cut-off day, a notice specifying the appropriate alteration in the register, and
subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.
In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the requirement, determination or decision is due to take effect under section 13AB, 13B or 13BA on or before the cut-off day, the references to section 13BC(3) in section 13AB(7), 13B(2) and 13BA(2) and (5) are to be disregarded.
Subsection (6) applies where—
at any time on or after the cut-off day but before the prescribed time on the last day of the signing period, section 13A applies to a registration officer, by virtue of subsection (1) of that section, in connection with—
a notification mentioned in paragraph (c) of that subsection, or
a determination falling within paragraph (d) of that subsection, and
in consequence of the notification or determination, an entry relating to a person falls to be made or altered in, or removed from, the relevant register.
In such a case—
the registration officer must issue, in the prescribed manner and on the appropriate day, a notice specifying the appropriate alteration in the register, and
subject to sections 13B(1) and 13BA(1), the alteration is to take effect as from the beginning of the day on which the notice is issued.
“The appropriate day” means—
in a case falling within subsection (5)(a)(i), the day when the registration officer receives the notification referred to in that provision (or, if that is not a working day, the next working day);
in a case falling within subsection (5)(a)(ii), the day when the registration officer makes the determination referred to in that provision (or, if that is not a working day, the next working day).
If the petition officer in relation to the recall petition receives a notice under section 13(6) of the 2015 Act (early termination of recall petition process), this section ceases to apply in the case of that petition.
But if, at the time when that notice is so received— the registration officer remains under that duty to issue the notice at the time at which it would have been required to be issued if subsection (8) had not applied.
the registration officer is under a duty under subsection (3) or (6) of this section to issue a notice, but
has not yet issued the notice,
In this section—
“the cut-off day” means the 3rd working day before the beginning of the signing period,
“qualifying application for registration” means an application for registration that—
is made on or before the day on which the Speaker's notice is given, or
is treated as made by virtue of section 10A(2) (return of canvass form treated as application for registration) in respect of a form returned on or before that day,
“relevant register” means the register of parliamentary electors for the MP's constituency,
the following expressions have the same meaning as in the 2015 Act: “MP”, “petition officer”, “recall petition”, “the signing period”, “Speaker's notice” and “working day” (see section 22 of that Act), and
any reference to a notice given under the 2015 Act or the time at which such a notice is given has the same meaning as in that Act.
An application for an electoral identity document may be made by a person who—
is or has applied to be registered in a register of parliamentary electors in Great Britain or a register of local government electors in England, or
is or has applied to be registered in a register of local government electors in Wales and—
is entitled to vote or, as the case may be, will on being registered be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or
will be entitled to vote or, as the case may be, will on being registered be entitled to vote, at such an election on attaining the age of 18.
An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant is or has applied to be registered.
A registration officer must, in accordance with regulations, determine an application made to the registration officer.
Regulations may make provision—
about the timing of an application for an electoral identity document;
about the issuing or collection of an electoral identity document.
Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election.
The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity document from a polling station.
No charge may be made for the issue of an electoral identity document.
Regulations must require an electoral identity document issued to a person—
to state the person’s full name, and
to contain a photograph of the person.
Regulations may require an electoral identity document to include other information.
Regulations may make provision about—
the form of an electoral identity document (including provision for the document to be issued in different forms in different circumstances), and
the period for which an electoral identity document issued in a particular form is to be valid.
Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an electoral identity document).
An application for an anonymous elector’s document may be made by a person who—
has or has applied for an anonymous entry in a register of parliamentary electors in Great Britain or a register of local government electors in England, or
has or has applied for an anonymous entry in a register of local government electors in Wales and—
is entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or
will be entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at such an election on attaining the age of 18.
An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant has or has applied for an anonymous entry.
A registration officer must, in accordance with regulations, determine an application made to the registration officer.
Regulations may make provision—
about the timing of an application for an anonymous elector’s document;
about the issuing or collection of an anonymous elector’s document.
Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election.
The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an anonymous elector’s document from a polling station.
No charge may be made for the issue of an anonymous elector’s document.
Regulations must require an anonymous elector’s document issued to a person—
to state the person’s electoral number, and
to contain a photograph of the person.
Regulations may require an anonymous elector’s document to include other information.
Regulations may make provision about—
the form of an anonymous elector’s document (including provision for the document to be issued in different forms in different circumstances), and
the period for which an anonymous elector’s document issued in a particular form is to be valid.
Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an anonymous elector’s document).
Regulations—
may authorise or require a registration officer to remind a person who has an anonymous entry in a register maintained by the officer of the need to obtain an anonymous elector’s document in order to be able to vote in person;
may require a registration officer, in prescribed circumstances, to replace an anonymous elector’s document issued to a person with a new anonymous elector’s document issued by the officer.
This section applies where a person makes an application in accordance with any prescribed requirements to the Chief Electoral Officer for Northern Ireland for an electoral identity card.
Regulations may provide for—
the descriptions of person who may make such an application; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Chief Electoral Officer shall determine such an application and, if he is satisfied that the information given by the applicant is correct, he shall issue an electoral identity card to the applicant free of charge.
Regulations may make provision about the issuing or collection of an electoral identity card.
The provision that may be made by virtue of subsection (3A) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity card from a polling station.
The electoral identity card issued to an applicant shall—
state his full name and date of birth,
bear his photograph,
indicate when the card ceases to be current, and
subject to provision made by virtue of subsection (4A), include such other information and be in such form as the Chief Electoral Officer shall determine.
Regulations may make provision—
about the information to be included in an electoral identity card;
about the form of an electoral identity card (including provision for the card to be issued in different forms in different circumstances).
For the purposes of subsection (4) above and rule 37(1E) in Schedule 1 to this Act (specified documents), an electoral identity card becomes current on the date of its issue and ceases to be so on the expiry of the period of 10 years beginning with that date.
Any expenses properly incurred by the Chief Electoral Officer in the performance of his functions under this section shall be treated as registration expenses of his for the purposes of this Act.
In this section “determine” means determine in accordance with regulations (if any).
A person commits an offence if the person provides false information in connection with—
an application under section 13BD for an electoral identity document,
an application under section 13BE for an anonymous elector’s document, or
an application under section 13C for an electoral identity card.
In relation to a signature, “false information” for the purposes of subsection (1) means a signature which— the person whose signature it purports to be.
is not the usual signature of, or
was written by a person other than,
A person does not commit an offence under subsection (1) if the person did not know, and had no reason to suspect, that the information was false.
Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).
In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to six months.
A person who provides false information in connection with an application mentioned in subsection (2) below commits an offence.
The application referred to in subsection (1) above is an application—
relating to a local government election in Scotland; and
to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (c. 2) applies, namely—
paragraph 3(1) or (2);
paragraph 4(1) or (2);
paragraph 7(4).
In relation to a signature, “false information” for the purposes of subsection (1) above means a signature which— the person whose signature it purports to be.
is not the usual signature of; or
was written by a person other than,
A person does not commit an offence under subsection (1) above if the person did not know, and had no reason to suspect, that the information was false.
Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court must assume that the defence is satisfied unless the prosecutor proves beyond reasonable doubt that it is not.
A person guilty of an offence under subsection (1) above is liable on summary conviction to (either or both)—
imprisonment for a term not exceeding 6 months;
a fine not exceeding level 5 on the standard scale.
A person who for any purpose connected with the registration of electors provides to a registration officer any false information is guilty of an offence.
A person who provides false information in connection with an application (other than an application relating only to a local government election in Scotland) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (applications relating to absent voting) applies is guilty of an offence—
paragraph 3(1) or (2);
paragraph 4(1) or (2);
paragraph 7(4).
A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.
In relation to a signature, “false information” for the purposes of subsection (1) or (1A) means a signature which— the person whose signature it purports to be.
is not the usual signature of; or
was written by a person other than,
A person does not commit an offence under subsection (1) or (1A) above if he did not know, and had no reason to suspect, that the information was false.
Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
A person guilty of an offence under this section shall be liable on summary conviction to— or to both.
imprisonment for a term not exceeding 51 weeks ; or
a fine not exceeding level 5 on the standard scale,
In the application of subsection (6)(a) to Scotland and Northern Ireland, the reference to 51 weeks must be taken to be a reference to six months.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 51 weeks must be taken to be a reference to six months.
A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—
is resident in the constituency or that part of it;
is not subject to any legal incapacity to vote (age apart);
is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and
is of voting age.
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A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—
is resident in that area;
is not subject to any legal incapacity to vote (age apart);
is a qualifying Commonwealth citizen, a citizen of the Republic of Ireland or —
except in relation to a local government election in Scotland, a relevant citizen of the Union;
in relation to a local government election in Scotland, a qualifying foreign national, and
is of voting age.
The preceding provisions have effect—
subject to—
any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and
compliance with any prescribed requirements; and
(as respects registration as a parliamentary elector) without prejudice to section 1B(1) of the Representation of the People Act 1985 (registration of British citizens overseas).
A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors , other than a register of local government electors in Scotland (see subsection (5B)), if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—
his entry in the register shall give the date on which he will attain that age; and
until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.
If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.
A person otherwise qualified is (despite subsection (3)(d)) entitled to be registered in a register of local government electors in Scotland if the person is 14 years of age or over, but—
the person's entry in the register must give the date on which the person will attain voting age, and
until the date given in the entry the person shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.
If a person entitled to be registered by virtue of subsection (5B) has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to the person's entry in the register are to be read as references to the person's entry in the record of anonymous entries prepared in pursuance of paragraph 8A of schedule 2.
In this section—
This section applies to a person who is detained at any place pursuant to a relevant order or direction and is so detained otherwise than after—
being convicted of any offence, or
a finding in criminal proceedings that he did the act or made the omission charged.
A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the place at which he is detained if the length of the period which he is likely to spend at that place is sufficient for him to be regarded as being resident there for the purposes of electoral registration.
A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until— whichever first occurs.
the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or
the registration officer determines in accordance with regulations that the person was not entitled to be registered, or
the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person, or
another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),
Where the entitlement of such a person to remain so registered terminates by virtue of subsection (3) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of subsection (2).
Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—
by virtue of his residence at some place other than the place at which he is detained, or
in pursuance of a declaration of local connection.
In this section “a relevant order or direction” means—
a remand or committal in custody;
a remand to a hospital under section 35 or 36 of the Mental Health Act 1983 or Article 42 or 43 of the Mental Health (Northern Ireland) Order 1986;
a direction for removal to a hospital under section 48 of that Act or Article 54 of that Order;
an assessment order under section 52D or a treatment order under section 52M of the Criminal Procedure (Scotland) Act 1995; or
a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 made in respect of a person to whom that section applies by virtue of article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005
This section applies to a convicted person to whom section 3(1A) applies.
In determining whether the convicted person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a), the convicted person's residence is not to be taken to have been interrupted by reason of the convicted person's detention in a penal institution if—
the convicted person—
intends to resume actual residence when released from the penal institution (other than on temporary release), and
will not be prevented from doing so by an order of any court, or
the dwelling serves as a permanent place of residence (whether for the convicted person alone or with other persons) and the convicted person would be in actual residence there but for the convicted person's detention.
A declaration under this section (“a declaration of local connection”)—
may be made only by a person to whom this section applies, but
may be made by such a person despite the fact that by reason of his age he is not entitled to vote.
This section applies to any person who on the date when he makes such a declaration is—
a person to whom section 7 above applies and who would not be entitled to be registered by virtue of residence at any place other than the mental hospital (within the meaning of that section) at which he is a patient, or
a person to whom section 7A applies and who would not be entitled to be registered by virtue of residence at any place other than the place at which he is detained as mentioned in subsection (1) of that section, or
a person who does not fall within paragraph (a) or (b) above (and is not otherwise in legal custody) and who is not, for the purposes of section 4 above, resident at any address in the United Kingdom (a “homeless person”).
In relation to the registration of local government electors in Wales, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
does not fall within any of the paragraphs (a) to (c) of subsection (2), and
meets any of the requirements specified in subsection (2B).
The requirements are that the person—
is under 18 years of age and is, or has been, a child who is looked after by a local authority, or
is being kept in secure accommodation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (2B)—
the reference to a child who is looked after by a local authority has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 1) (see section 74);
“secure accommodation” means accommodation in the United Kingdom provided for the purpose of lawfully restricting the liberty of persons under the age of 18, other than a penal institution within the meaning given in section 3(2)(b).
A declaration of local connection shall state—
the name of the declarant and either—
an address to which correspondence for him from either the registration officer concerned or the returning officer can be delivered, or
that he is willing to collect such correspondence periodically from the registration officer’s office;
the date of the declaration;
that on the date of the declaration the declarant falls into one of the categories of persons to whom this section applies, specifying—
the category in question, and
(in the case of a person falling within subsection (2)(a) or (b) above) the name and address of the mental hospital at which he is a patient or (as the case may be) of the place at which he is detained;
the required address (as defined by subsection (4) below);
that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or—
if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or
if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen;
whether the declarant has on the date of the declaration attained the age of 18 years, and, if he has not, the date of his birth.
For the purposes of this section “the required address” is—
in the case of a person falling within subsection (2)(a) or (b) above—
the address in the United Kingdom where he would be residing if he were not such a patient, or detained, as mentioned in that provision, or
if he cannot give such an address, an address in the United Kingdom at which he has resided;
in the case of a homeless person, the address of, or which is nearest to, a place in the United Kingdom where he commonly spends a substantial part of his time (whether during the day or at night);
in the case of a person falling within subsection (2A), any of the following—
an address in Wales at which the person has previously been resident, or
an address used by a council of a county or county borough in Wales in which the person has previously been resident.
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Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period— the declaration must state that, during the period of three months ending on the date of the declaration, the declarant has commonly been spending a substantial part of his time (whether during the day or at night) at, or near, the required address.
beginning with the date when a vacancy occurs—
in the seat for the parliamentary constituency within which the required address falls, or
in the seat for any Scottish Parliament constituency ... within which it falls, and
ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the Scotland Act 1998 ..., held in respect of that vacancy,
No declaration of local connection shall be specially made by a person for the purposes of local government elections, and any such declaration made for the purposes of parliamentary elections shall have effect also for the purposes of local government elections; but—
a declaration of local connection may be made for the purposes only of local government elections by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or —
in relation to local government elections in England, by a qualifying EU citizen or an EU citizen with retained rights, or
in relation to local government elections in Wales, by a relevant citizen of the Union; and
where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other declarations of local connection.
Despite anything in subsection (7), in relation to Wales, a relevant declaration made by a person has effect only for the person's registration as a local government elector.
In subsection (7A) a “relevant declaration” means—
a declaration of local connection made by virtue of subsection (2A);
a declaration of local connection made by a qualifying foreign citizen;
any other declaration of local connection made by a person who, on the date on which the declaration is made, is—
under the age of 17, and
not entitled to be registered in the register of parliamentary electors.
A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.
If a person— the declaration or declarations shall be void.
makes a declaration of local connection stating more than one address under subsection (3)(d) above, or
makes more than one declaration of local connection bearing the same date and stating different addresses under that provision,
A declaration of local connection may be cancelled at any time by the declarant.
A declaration of local connection shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.
A declaration under this section (“a declaration of local connection”)—
may be made only by a person to whom this section applies, but
may be made by such a person despite the fact that by reason of his age he is not entitled to vote.
This section applies to any person who on the date when he makes such a declaration is—
a person to whom section 7 above applies and who would not be entitled to be registered by virtue of residence at any place other than the mental hospital (within the meaning of that section) at which he is a patient, or
a person to whom section 7A applies and who would not be entitled to be registered by virtue of residence at any place other than the place at which he is detained as mentioned in subsection (1) of that section, or
a person who does not fall within paragraph (a) or (b) above (and is not otherwise in legal custody) and who is not, for the purposes of section 4 above, resident at any address in the United Kingdom (a “homeless person”).
In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—
is under the age of 21,
does not fall within any of paragraphs (a) to (c) of subsection (2), and
meets either of the requirements specified in subsection (2B).
The requirements are that—
the person is, or has been, a child looked after by a local authority, or
the person is being kept in secure accommodation.
For the purposes of subsection (2B)—
the reference to a child looked after by a local authority is to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995 (duty of local authorities in relation to looked after children), and
“secure accommodation” means accommodation provided, for the purpose of restricting the liberty of children, in an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) that—
provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968, and
is approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (regulations in relation to care services).
In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—
is a convicted person to whom section 3(1A) applies, and
would not be entitled to be registered by virtue of residence at any place other than the penal institution in which the convicted person is detained.
A declaration of local connection shall state—
the name of the declarant and either—
an address to which correspondence for him from either the registration officer concerned or the returning officer can be delivered, or
that he is willing to collect such correspondence periodically from the registration officer’s office;
the date of the declaration;
that on the date of the declaration the declarant falls into one of the categories of persons to whom this section applies, specifying—
the category in question, and
(in the case of a person falling within subsection (2)(a) or (b) above) the name and address of the mental hospital at which he is a patient or (as the case may be) of the place at which he is detained;
the required address (as defined by subsection (4) below);
that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or (if the declaration is made for the purposes only of local government elections other than in Scotland) a relevant citizen of the Union or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national;
whether the declarant has on the date of the declaration attained the age of 18 years, and, if he has not, the date of his birth.
For the purposes of this section “the required address” is—
in the case of a person falling within subsection (2)(a) or (b) above—
the address in the United Kingdom where he would be residing if he were not such a patient, or detained, as mentioned in that provision, or
if he cannot give such an address, an address in the United Kingdom at which he has resided;
in the case of a homeless person, the address of, or which is nearest to, a place in the United Kingdom where he commonly spends a substantial part of his time (whether during the day or at night);
in the case of a person falling within subsection (2A), any address in Scotland at which the person has previously been resident.
in the case of a convicted person falling within subsection (2D)—
the address in Scotland where the convicted person would be residing but for the person's detention,
if the convicted person cannot give an address under sub-paragraph (i), the address in Scotland at which the person was resident immediately before the person's detention (but not the address of a penal institution) or, if the person was homeless at that time, the address of, or which is nearest to, a place in Scotland where the person commonly spent a substantial part of the person's time (whether during the day or at night), or
if the convicted person cannot give an address under sub-paragraph (i) or (ii) (or can only give an address at which the person would be prevented from residing because of an order of any court), the address of the penal institution at which the convicted person is detained unless the person has a home outwith Scotland or would otherwise not be resident in Scotland but for the person's detention.
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Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period— the declaration must state that, during the period of three months ending on the date of the declaration, the declarant has commonly been spending a substantial part of his time (whether during the day or at night) at, or near, the required address.
beginning with the date when a vacancy occurs—
in the seat for the parliamentary constituency within which the required address falls, or
in the seat for any Scottish Parliament constituency or National Assembly for Wales constituency within which it falls, and
ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the Scotland Act 1998 or section 10 of the Government of Wales Act 2006, held in respect of that vacancy,
No declaration of local connection shall be specially made by a person for the purposes of local government elections, and any such declaration made for the purposes of parliamentary elections shall have effect also for the purposes of local government elections; but—
a declaration of local connection may be made for the purposes only of local government elections by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or by a relevant citizen of the Union; and
where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other declarations of local connection.
Despite anything in subsection (7), in relation to Scotland, a relevant declaration made by a person has effect only for the purposes of the person's registration as a local government elector.
In subsection (7A), “relevant declaration” means—
a declaration of local connection made by virtue of subsection (2A),
a declaration of local connection made by virtue of subsection (2D),
a declaration of local connection made by a qualifying foreign national,
any other declaration of local connection made by a person who, on the date on which the declaration is made, is—
under the age of 17, and
not entitled to be registered in the register of parliamentary electors.
A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.
If a person— the declaration or declarations shall be void.
makes a declaration of local connection stating more than one address under subsection (3)(d) above, or
makes more than one declaration of local connection bearing the same date and stating different addresses under that provision,
A declaration of local connection may be cancelled at any time by the declarant.
A declaration of local connection shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.
Where a person’s declaration of local connection is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—
resident on the date of the declaration at the address stated in it in accordance with section 7B(3)(d) above; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person registered in a register of electors in pursuance of a declaration of local connection is entitled to remain so registered until— whichever first occurs.
the end of the period of 12 months beginning with the date when the entry in the register first takes effect,
the registration officer determines in accordance with regulations that the person was not entitled to be registered,
the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person,
the declaration is cancelled under section 7B(9) above, or
another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a declaration of local connection),
Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further declaration of local connection.
This section shall not be taken as precluding the registration of a person falling within section 7B(2)(a) or (b) above in pursuance of an application made by virtue of section 7(2) or 7A(2) above.
A person has a service qualification for the purposes of this Act who— and where a person leaves the United Kingdom to take up employment or residence as mentioned above or returns to the United Kingdom at the end of such employment or residence, the employment or residence shall be deemed to begin from the time of leaving or to continue until the time of returning, as the case may be.
is a member of the forces,
(not being such a member) is employed in the service of the Crown in a post outside the United Kingdom of any prescribed class or description,
is employed by the British Council in a post outside the United Kingdom,
is the spouse or civil partner of a member of the forces,
is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to the registration of local government electors in Scotland, a person also has a service qualification for the purposes of this Act if—
the person is under the age of 18,
a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and
the person is residing at a particular place in order to be with that parent or guardian.
In relation to the registration of local government electors in Wales, a person also has a service qualification for the purposes of this Act if—
the person is under the age of 18,
a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and
the person is residing at a particular place in order to be with that parent or guardian.
A service declaration shall be made only— and a service declaration may be made by such a person notwithstanding the fact that by reason of his age he is not yet entitled to vote.
by a person who has a service qualification, or
subject to any prescribed conditions, by a person about to leave the United Kingdom in such circumstances as to acquire a service qualification.
Where a person is registered in a register of electors in pursuance of a service declaration, the person is entitled to remain so registered until— whichever first occurs.
the end of the period of 12 months beginning with the date when the entry in the register first takes effect,
the registration officer determines in accordance with regulations that the person was not entitled to be registered,
the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person,
the declaration is cancelled under subsection (7) below, or
another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a service declaration),
Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further service declaration.
for a particular year; and
with reference to the qualifying date for that register.
A service declaration made with reference to any qualifying date shall be made during the twelve months ending with that date, but shall not have effect if after it is made and before that date—
the declarant ceases to have a service qualification; or
the declarant cancels the declaration; or
in so far as regulations so provide, there is a change in the circumstances giving the service qualification.
In relation to the registration of local government electors in Wales, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18.
No service declaration shall be specially made by a person for the purpose of local government elections, and any service declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government elections; but—
a service declaration may be made for the purpose of local government elections only by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or—
in relation to local government elections in England, by a qualifying EU citizen or an EU citizen with retained rights, or
in relation to local government elections in Wales, by a relevant citizen of the Union; and
where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other service declarations.
Without prejudice to subsection (2), a person registered in a register of local government electors in Wales in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18.
If a person— the declaration or declarations shall be void.
makes a service declaration declaring to more than one address, or
makes more than one service declaration bearing the same date and declaring to different addresses,
Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.
A service declaration may at any time be cancelled by the declarant ....
Despite anything in subsection (5), in relation to Wales, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector.
In subsection (5A), “relevant service declaration” means—
a service declaration made by virtue of a service qualification under section 14(1A);
a service declaration made by a qualifying foreign citizen;
any other service declaration made by a person who, on the date on which the declaration is made, is—
under the age of 17, and
not entitled to be registered in the register of parliamentary electors.
A relevant service declaration referred to in subsection (5A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other service declarations.
A service declaration shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.
The Secretary of State may by order provide that, in relation to the persons mentioned in section 14(1)(a) and (d), subsection (2)(a) above has effect as if for the period of 12 months there were substituted such other period (not exceeding five years) as he thinks appropriate.
The power to make an order under subsection (9) is exercisable by statutory instrument, which may contain such incidental or consequential provision as the Secretary of State thinks appropriate.
No order may be made under subsection (9) unless—
the Secretary of State first consults the Electoral Commission, and
a draft of the instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.
If the period substituted by an order under subsection (9) is longer than the period for the time being in force, the longer period has effect in relation to any person who immediately before the order was made was entitled to remain in a register by virtue of subsection (2).
the date of the declaration.
A service declaration shall state— and (except where the declarant is a member of the forces or the spouse or civil partner of such a member) shall be attested in the prescribed manner.
. . . that on that date the declarant is, or but for the circumstances entitling him to make the declaration would have been, residing in the United Kingdom,
In relation to the registration of local government electors in Wales, a service declaration made by a person claiming to have a service qualification under section 14(1A) does not require to be attested.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the address where the declarant is or, as the case may be, . . . would have been residing in the United Kingdom or, if he cannot give any such address, an address at which he has resided in the United Kingdom,
that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or —
if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or
if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,
whether the declarant had on the date of the declaration attained the age of 18 years, and, if he had not, the date of his birth, and
such particulars (if any) as may be prescribed of the declarant’s identity and service qualifications,
A service declaration shall be made only— and a service declaration may be made by such a person notwithstanding the fact that by reason of his age he is not yet entitled to vote.
by a person who has a service qualification, or
subject to any prescribed conditions, by a person about to leave the United Kingdom in such circumstances as to acquire a service qualification.
Where a person is registered in a register of electors in pursuance of a service declaration, the person is entitled to remain so registered until— whichever first occurs.
the end of the period of 12 months beginning with the date when the entry in the register first takes effect,
the registration officer determines in accordance with regulations that the person was not entitled to be registered,
the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person,
the declaration is cancelled under subsection (7) below, or
another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a service declaration),
Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further service declaration.
In relation to the registration of local government electors in Scotland, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18.
Without prejudice to subsection (2), a person registered in a register of local government electors in Scotland in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18.
Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.
No service declaration shall be specially made by a person for the purpose of local government elections, and any service declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government elections; but—
a service declaration may be made for the purpose of local government elections only by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections , or by a relevant citizen of the Union; and
where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other service declarations.
Despite anything in subsection (5), in relation to Scotland, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector.
In subsection (5A), “relevant service declaration” means—
a service declaration made by virtue of a service qualification under section 14(1A),
a service declaration made by a qualifying foreign national,
any other service declaration made by a person who, on the date on which the declaration is made, is—
under the age of 17, and
not entitled to be registered in the register of parliamentary electors.
A relevant service declaration referred to in subsection (5A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other service declarations.
If a person— the declaration or declarations shall be void.
makes a service declaration declaring to more than one address, or
makes more than one service declaration bearing the same date and declaring to different addresses,
A service declaration may at any time be cancelled by the declarant ....
A service declaration shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.
The Secretary of State may by order provide that, in relation to the persons mentioned in section 14(1)(a) and (d), subsection (2)(a) above has effect as if for the period of 12 months there were substituted such other period (not exceeding five years) as he thinks appropriate.
The power to make an order under subsection (9) is exercisable by statutory instrument, which may contain such incidental or consequential provision as the Secretary of State thinks appropriate.
No order may be made under subsection (9) unless—
the Secretary of State first consults the Electoral Commission, and
a draft of the instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.
If the period substituted by an order under subsection (9) is longer than the period for the time being in force, the longer period has effect in relation to any person who immediately before the order was made was entitled to remain in a register by virtue of subsection (2).
Where a person’s service declaration is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—
resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or — of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.
if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or
if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,
Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.
In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).
A service declaration shall state— and (except where the declarant is a member of the forces or the spouse or civil partner of such a member) shall be attested in the prescribed manner.
the date of the declaration.
. . . that on that date the declarant is, or but for the circumstances entitling him to make the declaration would have been, residing in the United Kingdom,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the address where the declarant is or, as the case may be, . . . would have been residing in the United Kingdom or, if he cannot give any such address, an address at which he has resided in the United Kingdom,
that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or (except where the declaration is made for the purposes only of the registration of local government electors in Scotland a relevant citizen of the Union or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national,
whether the declarant had on the date of the declaration attained the age of 18 years, and, if he had not, the date of his birth, and
such particulars (if any) as may be prescribed of the declarant’s identity and service qualifications,
In relation to the registration of local government electors in Scotland, a service declaration made by a person claiming to have a service qualification under section 14(1A) does not require to be attested.
A service declaration shall state— and (except where the declarant is a member of the forces or the spouse or civil partner of such a member) shall be attested in the prescribed manner.
the date of the declaration.
. . . that on that date the declarant is, or but for the circumstances entitling him to make the declaration would have been, residing in the United Kingdom,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the address where the declarant is or, as the case may be, . . . would have been residing in the United Kingdom or, if he cannot give any such address, an address at which he has resided in the United Kingdom,
that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or a qualifying EU citizen or an EU citizen with retained rights,
whether the declarant had on the date of the declaration attained the age of 18 years, and, if he had not, the date of his birth, and
such particulars (if any) as may be prescribed of the declarant’s identity and service qualifications,
Where a person’s service declaration is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—
resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or (in relation to a declaration made other than for the purposes of the registration of local government electors in Scotland) a relevant citizen of the Union or (in relation to a declaration made for the purposes of the registration of local government electors in Scotland) a qualifying foreign national of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.
Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.
In relation to the registration of local government electors in Scotland, subsection (2) is subject to section 15(3A).
Every constituency shall be divided into polling districts and subject to the provisions of this section there shall be a polling place designated for each polling district.
In England . . . it is the duty of the council of each district or London borough , and in Wales it is the duty of the council of each county or county borough, to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area, and to designate the polling places for those polling districts, and to keep the polling districts and polling places under review, in accordance with the following rules—
the council shall exercise the powers conferred by this section with a view to giving all electors in so much of the constituency as falls within their area such reasonable facilities for voting as are practicable in the circumstances and, in particular, they shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled;
. . . , each parish or community shall in the absence of special circumstances be a separate polling district or districts;
the polling place for any polling district shall be an area in that district, except where special circumstances make it desirable to designate an area wholly or partly outside the polling district, and shall be small enough to indicate to electors in different parts of the polling district how they will be able to reach the polling station;
a polling place need not be designated for any polling district, if the size and other circumstances of the district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
In Scotland it is the duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts, and to keep the polling districts and polling places under review in accordance with the following rules—
the local authority shall exercise the powers conferred by this section with a view to giving all electors in so much of the constituency as falls within their area such reasonable facilities for voting as are practicable in the circumstances and, in particular, the local authority shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled;
each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area, shall, in the absence of special circumstances, be a separate polling district or districts;
the polling place for any polling district shall be an area in that district, except where special circumstances make it desirable to designate an area wholly or partly outside the polling district, and shall be small enough to indicate to electors in different parts of the polling district how they will be able to reach the polling station;
a polling place need not be designated for any polling district, if the size and other circumstances of the district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
In the case of a polling district for which no polling place is designated the polling district shall be taken to be the polling place for the purposes of this Act.
“money” and “pecuniary reward” shall be deemed to include— and expressions referring to money shall be construed accordingly;
as respects England, the council or where there is no such council the parish meeting of a parish which is wholly or partly situated within the constituency;
he was not a Commonwealth citizen or citizen of the Republic of Ireland, or
as respects Wales, the council of a community which is so situated;
he was otherwise subject to any legal incapacity to vote,
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On the exercise of any power given by this section, the council . . . —
shall publish in the constituency a notice showing the boundaries of any polling districts or polling places constituted as a result of the exercise of the power;
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Subsections (2) to (6) above do not apply to Northern Ireland, and in Northern Ireland the polling districts and polling places are those for the time being established under the law relating to local elections within the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.
Where any alteration of polling districts in an area is made under this section—
the registration officer who acts for the area shall make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration; and
the alteration shall be effective on the date on which the registration officer publishes a notice stating that any such adaptations have been made by him.
An election shall not be questioned by reason of—
any noncompliance with the provisions of this section; or
any informality relative to polling districts or polling places.
A person voting as an elector at a parliamentary election shall do so in person at the polling station allotted to him under the parliamentary elections rules except in so far as this section makes exceptions for—
those registered as service voters ;
those unable or likely to be unable to go in person to the polling station for one of the following reasons—
the general nature of the occupation, service or employment of the person in question ;
that person's service as a member of any of Her Majesty's reserve or auxiliary forces;
the particular circumstances of that person's employment on the date of the poll either as a constable or, for a purpose connected with the election, by the returning officer;
at a general election, the candidature in some other constituency of that person or that person's wife or husband;
at a general election, the fact that that person is acting as returning officer for some other constituency ;
at a general election, the particular circumstances of that person's employment on the date of the poll by the returning officer for some other constituency for a purpose connected with the election in that constituency;
those unable or likely to be unable, by reason either of blindness or any other physical incapacity or of religious observance, to go in person to the polling station or, if able to go, to vote unaided ;
those unable or likely to be unable to go in person from their qualifying address to the polling station without making a journey by air or sea;
those no longer residing at their qualifying address ;
those registered by virtue of a patient's declaration under section 7 above ;
those who have a service qualification depending on marriage to, and residence outside the United Kingdom to be with, a person having a service qualification; and
those unable or likely to be unable to go in person to the polling station by reason of the general nature of the occupation, service or employment of, and their resulting absence from their qualifying address to be with, their husband or wife.
A person registered as a service voter may vote by proxy unless he is entitled in pursuance of an application made under subsection (4) below to vote by post.
A person not registered as a service voter if unable or likely to be unable to go in person to the polling station by reason either— may vote by proxy if he applies to be treated as an absent voter and is likely to be at sea or out of the United Kingdom on the date of the poll.
of the general nature of his occupation, service or employment, or
of his service as a member of any of Her Majesty's reserve or auxiliary forces,
A person mentioned in paragraphs (a) to (f) of subsection (1) above may vote by post if he applies to be treated as an absent voter and provides an address in the United Kingdom to which a ballot paper is to be sent for the purpose, but— For the purposes of this subsection an address shall not be treated as in the same area as a qualifying address unless it would be so treated under section 22(3) below for the purposes of that section.
a person shall not be entitled to vote by post if he is not registered as a service voter and there is in force an appointment of a proxy to vote for him; and
a person shall not be entitled to vote by post on the ground that he no longer resides at his qualifying address if at the time of his application he resides at an address in the same area; and
a person registered as a service voter shall not be entitled to vote by post on any ground other than his being so registered.
A person who is not registered as a service voter but who either— has the like right to vote by proxy and, in the case dealt with by paragraph (b) above, the like right to vote by post as a person unable or likely to be unable to go to the poll by reason of the general nature of his occupation, service or employment.
has made a service declaration in respect of a qualification depending on marriage as described in subsection (1) above, or
is as a married person unable or likely to be unable to go to the poll by reason of absence in the circumstances there described,
A person, whether registered as a service voter or not—
may vote in person as an elector notwithstanding any appointment of a proxy to vote for him, if he applies for a ballot paper for the purpose before a ballot paper has been issued for him to vote by proxy; but (b) shall not be entitled to vote in person as an elector—
where he may vote by proxy by virtue of an appointment for the time being in force and he does not so apply ; or
where he has applied to be treated as an absent voter and is entitled in pursuance of the application to vote by post.
A person not registered as a service voter may vote at any polling station in the constituency if he is entitled to vote in person but unable or likely to be unable to go to the polling station allotted to him by reason of the particular circumstances of his employment on the date of the poll either—
as a constable ; or
by the returning officer, for a purpose connected with the election.
Nothing in this section confers a right to vote on a person not having the right apart from this section.
Every constituency is to be divided into polling districts.
A relevant authority must—
divide its area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in its area, and
keep the polling districts under review.
The following rules apply—
the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
in England, each parish is to be a separate polling district;
in Wales, each community is to be a separate polling district;
in Scotland, each electoral ward (within the meaning of section 1 of the Local Governance (Scotland) Act 2004) is to be divided into two or more separate polling districts.
Subsection (3)(b) to (d) does not apply if, in any case, there are special circumstances.
If an alteration of polling districts in an area is made under this section—
the registration officer who acts for the area must make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration, and
the alteration is effective on the date on which the registration officer publishes a notice stating that the adaptations have been made by him.
This section does not apply to Northern Ireland.
An application to be treated as an absent voter at parliamentary elections shall be made to the registration officer and shall be allowed by him if he is satisfied that the applicant is, or will if registered be, entitled under section 19 above to vote as an absent voter.
The application shall be for a particular election only, unless it is based on—
the general nature of the applicant's occupation, service or employment; or
the applicant's physical incapacity ; or
the necessity of a journey by sea or air to go from the applicant's qualifying address to his polling station; or
the ground that the applicant no longer resides at his qualifying address.
An application based on one of the grounds mentioned in subsection (2) above shall be for an indefinite period but where such an application is allowed the applicant shall cease to be entitled to be treated as an absent voter in pursuance of it if—
he applies to the registration officer to be no longer so treated; or
he ceases to be registered at the same qualifying address or becomes so registered as a service voter ; or
the registration officer gives notice that be has reason to believe there has been a material change of circumstances, and the prescribed period elapses after the giving of the notice.
This section applies to an application based on the grounds related to the applicant's marriage referred to in paragraphs (g) and (h) of section 19(1) as it applies to an application based on the general nature of the applicant's occupation, service or employment.
The registration officer shall keep a record of absent voters and of the addresses provided by them as the addresses to which their ballot papers are to be sent.
Every constituency in Northern Ireland is to be divided into polling districts.
The Secretary of State must—
divide Northern Ireland into polling districts for the purpose of parliamentary elections, and
keep the polling districts under review.
The Secretary of State must seek to ensure that all electors in Northern Ireland have such reasonable facilities for voting as are practicable in the circumstances.
Before dividing Northern Ireland into polling districts under subsection (2)(a) or completing a review under subsection (2)(b), the Secretary of State must consult—
the Electoral Commission, and
any other person the Secretary of State considers appropriate.
If an alteration of polling districts is made under this section—
the Chief Electoral Officer for Northern Ireland must make such adaptations of the registers of parliamentary electors maintained by that officer as are necessary to take account of the alteration, and
the alteration is effective on the date on which the Chief Electoral Officer publishes a notice stating that the adaptations have been made.
A person is not entitled to have more than one person at a time appointed as a proxy to vote for him at a parliamentary election.
A person is not capable of being appointed to vote or of voting as proxy at a parliamentary election unless— and a person is not entitled to vote as proxy at the same election in any constituency on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.
he is not subject (age apart) to any legal incapacity to vote at a parliamentary election as an elector, and
he is either a Commonwealth citizen or a citizen of the Republic of Ireland,
A person otherwise qualified is capable of voting as proxy at a parliamentary election at which he is of voting age on the date of the poll, and of being appointed proxy for that purpose before he is of voting age.
Subject to the foregoing provisions of this section a person is capable of being appointed proxy to vote at a parliamentary election and may vote in pursuance of the appointment.
The appointment shall be made by the registration officer by means of a proxy paper issued by him on the elector's application, and it is the registration officer's duty to issue a proxy paper in pursuance of any application duly made to him, if he is satisfied—
that the applicant is or will be registered for elections to which the application relates and entitled in respect of that registration to have a proxy appointed; and
that the proxy is capable of being and willing to be appointed.
The appointment may be cancelled by the elector by giving notice to the registration officer and shall cease to be in force on the issue of a proxy paper appointing a different person to vote for him, whether in respect of the same registration or elsewhere, but, subject to that, shall remain in force—
in the case of an appointment for a person registered as a service voter, for all elections for which he remains registered as a service voter at the same qualifying address; and
in the case of an appointment for a person not registered as a service voter, for all elections at which he is entitled to vote by proxy in pursuance of the same application to be treated as an absent voter.
Stamp duty is not chargeable on any instrument appointing a proxy under this section.
The registration officer shall keep a record of electors for whom proxies have been appointed and of the names and addresses of the persons appointed.
A polling place is to be designated for each polling district in a constituency.
But subsection (1) does not apply if the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
A relevant authority must—
designate the polling places for the polling districts in its area, and
keep the polling places in its area under review.
The following rules apply—
the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
the authority must seek to ensure that so far as is reasonable and practicable every polling place for which it is responsible is accessible to electors who are disabled;
the authority must have regard to the accessibility to disabled persons of potential polling stations in any place which it is considering designating as a polling place or the designation of which as a polling place it is reviewing;
the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district;
the polling place for a polling district must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station.
If no polling place is designated for a polling district the polling district is to be taken to be the polling place.
A person voting as proxy for an elector at a parliamentary election shall do so in person at the elector's polling station, except in so far as this section entitles the proxy to vote by post.
A proxy may exercise the right to vote as such at a parliamentary election by post if—
he applies so to do and provides an address in the United Kingdom to which a ballot paper is to be sent for the purpose ; and
either—
he is entitled to vote by post as an absent voter at the election ; or
that address is not in the same area as the elector's qualifying address.
For the purposes of this section, an address shall not be treated as in the same area as a qualifying address unless—
both addresses are in the same electoral division of Greater London, or
both addresses are in the same electoral division of a county in England and, if either address is in a parish, both are in the same parish, or
both addresses are in the same electoral division of a county in Wales and in the same community, or
both addresses are in the same electoral division in Scotland, or
both addresses are in the same ward in Northern Ireland.
A proxy is not entitled to exercise the right to vote as such in person at any election for which his application to exercise that right by post is allowed.
Any such application shall be made to the registration officer and shall be allowed by him in any case where he is satisfied—
that the elector is or will be registered as such for elections to which the application relates; and
that there is in force an appointment of the applicant as his proxy to vote in respect of that registration ; and
that the conditions entitling the applicant to vote by post are fulfilled.
Where any such application is based on the applicant's right to vote by post as an elector, then—
if that right extends only to a particular election, the application shall also extend only to that election;
in any other case, the application shall be for an indefinite period but, where it is allowed, the applicant shall cease to be entitled to vote by post in pursuance of that right if—
he ceases to have the right to vote by post as an elector, or has that right only by virtue of a new application; or
he ceases to be proxy for the elector, or is so only by virtue of a new appointment.
Where any such application is based on the situation of the address to which the ballot paper is to be sent, it shall be for an indefinite period but, if it is allowed, the applicant shall cease to be entitled to vote by post in pursuance of it if—
he applies for a ballot paper not to be sent to that address; or
he ceases to be proxy for the elector, or is so only by virtue of a new appointment
The registration officer shall keep a record of the persons whose applications to vote by post as proxy are for the time being allowed and of the addresses provided by them as the addresses to which their ballot papers are to be sent.
A relevant authority must during each compulsory review period carry out and complete—
a review under section 18A of all the polling districts in its area, and
a review under section 18B of all the polling places in its area.
The compulsory review periods are—
the period of 16 months beginning with 1st October 2013, and
the period of 16 months beginning with 1st October of every fifth year after that.
Subsection (1) does not prevent a relevant authority carrying out a review of some or all of the polling districts or polling places in its area at other times.
Schedule A1 has effect in relation to a review.
This section does not apply to Northern Ireland.
The Chief Electoral Officer for Northern Ireland must, during each compulsory review year, carry out and complete a review under section 18B of all the polling places in Northern Ireland.
The compulsory review years are 2014 and every fifth year after that.
Subsection (1) does not prevent the Chief Electoral Officer carrying out a review under section 18B of some or all of the polling places in Northern Ireland at other times.
Subsection (1) does not require the Chief Electoral Officer to carry out and complete a review of all the polling places in Northern Ireland during a compulsory review year if reviews under section 18B of all those polling places are completed during the previous year.
Schedule A1, except paragraphs 2 and 3, has effect in relation to a review under section 18B of polling places in Northern Ireland.
This section applies if in relation to a constituency in the area of a relevant authority a relevant representation is made to the Electoral Commission by—
an interested authority in England and Wales;
not less than 30 electors in the constituency;
a person (other than the returning officer) who has made representations under Schedule A1;
a person who is not an elector in a constituency in the authority's area but who the Commission think has sufficient interest in the accessibility of disabled persons to polling places in the area or has particular expertise in relation to the access to premises or facilities of disabled persons.
A relevant representation is a representation that a review under section 18A or 18B has not been conducted by a relevant authority so as to—
meet the reasonable requirements of the electors in the constituency or any body of those electors, or
take sufficient account of the accessibility to disabled persons of polling stations within a designated polling place.
The returning officer for the constituency may make observations on representations made under this section.
The Electoral Commission must consider such representations and observations and may, if they think fit—
direct the relevant authority to make any alterations to the polling places designated by the review which the Commission think necessary in the circumstances;
if the authority fails to make the alterations before the end of the period of two months starting on the day the direction is given, make the alterations themselves.
Alterations made by the Electoral Commission under subsection (4) have effect as if they had been made by the relevant authority.
An interested authority in relation to a constituency in England and Wales is—
in England, the council of a parish, or where there is no such council the parish meeting of a parish, which is wholly or partly situated within the constituency;
in Wales, the council of a community which is so situated.
The reference in subsection (1)(b) to electors does not include persons who have an anonymous entry in the register of parliamentary electors or local government electors.
This section applies for the purposes of sections 18A to 18D.
No election is to be questioned by reason of—
any non-compliance with the provisions of those sections, or
any informality relative to polling districts or polling places.
Each of the following is a relevant authority—
in relation to England, the council of a district or London borough;
in relation to Scotland, a local authority;
in relation to Wales, the council of a county or county borough;
in relation to Northern Ireland, the Chief Electoral Officer for Northern Ireland.
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The proceedings at a parliamentary election shall be conducted in accordance with the parliamentary elections rules in Schedule 1 to this Act.
It is the returning officer’s general duty at a parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those parliamentary elections rules.
No parliamentary election shall be declared invalid by reason of any act or omission by the returning officer or any other person in breach of his official duty in connection with the election or otherwise of the parliamentary elections rules if it appears to the tribunal having cognizance of the question that—
the election was so conducted as to be substantially in accordance with the law as to elections; and
the act or omission did not affect its result.
In England and Wales, the returning officer for a parliamentary election is— The City, the Inner Temple and the Middle Temple shall be treated for the purposes of this section as if together they formed a London borough.
in the case of a county constituency in England which is coterminous with or wholly contained in a county, the sheriff of the county;
in the case of a borough constituency in England which is coterminous with or wholly contained in a district, the chairman of the district council;
in the case of a county constituency in Wales which is coterminous with or wholly contained in a preserved county as defined by section 64 of the Local Government (Wales) Act 1994, the sheriff of the county;
in the case of any other constituency in England wholly outside Greater London,such sheriff or chairman of a district council as may be designated in an order by the Secretary of State made by statutory instrument;
in the case of a constituency which is coterminous with or wholly contained in a London borough, the mayor of the borough;
in the case of a borough constituency in Wales which is coterminous with or wholly contained in a county or county borough, the chairman of the county or county borough council;
in the case of a constituency wholly or partly in Greater London which is situated partly in one London borough and partly in a district or any other London borough, the mayor or the chairman of such London borough or the chairman of such district council as may be designated in an order by the Secretary of State made by statutory instrument.
in the case of any other constituency in Wales, such sheriff or chairman of a county or county borough council as may be designated in an order by the Secretary of State so made;
where a council of a London borough are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive , paragraph (d) shall have effect as if for the words “the mayor” there were substituted “the chairman”
A parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
In subsection (1), “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.
In Scotland, the returning officer for a parliamentary election is—
in the case of a constituency wholly situated in one local government area, the person under section 41 below who is, or who may discharge the functions of, the returning officer at elections of councillors for the local authority for that area;
in the case of a constituency situated in more than one local government area, such person mentioned above as the Secretary of State may by order direct.
Every local authority shall place at the disposal of the returning officer for a constituency wholly or partly situated in their area, for the purpose of assisting the returning officer in the discharge of any functions conferred on him in relation to a parliamentary election in that constituency, the services of officers employed by the authority.
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In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the returning officer for each constituency.
Sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer in his capacity as returning officer.
It is for the returning officer as such to execute the writ for a parliamentary election, and the office of returning officer is a distinct office from that by virtue of which he becomes returning officer.
Where a person takes any office by virtue of which he becomes returning officer, he (and not the outgoing holder of the office) shall complete the execution of any writ for a parliamentary election previously issued and not yet returned.
A person is not subject to any incapacity to vote at a parliamentary election by reason of being or acting as returning officer at that election.
In England and Wales the duties of the returning officer for a parliamentary election (except those mentioned in subsection (2) below) shall be discharged, as acting returning officer—
in the case of a constituency in England for which the chairman of a district council or the mayor or the chairman of a London borough is returning officer by virtue of section 24(1) above, by the registration officer appointed by that council;
in the case of any other constituency, by such registration officer as may be designated in an order made by statutory instrument by the Secretary of State.
in the case of a constituency in Wales for which the chairman of a county or county borough council is returning officer by virtue of that section, by the registration officer appointed by that council;
The duties excepted from subsection (1) above are—
any duty imposed on a returning officer under rule 3 of the parliamentary elections rules; and
any duty so imposed under rule 50 of those rules which the person (if any) who for the time being holds the office of returning officer reserves to himself and undertakes to perform in person.
The returning officer shall give to the acting returning officer written notice of any duties which he reserves to himself under paragraph (b) of subsection (2) above, and that paragraph shall, in the case of any election, apply to the duties (if any) of which the notice is so given not later than the day following that on which the writ is received, and to no others.
In the discharge of the duties imposed by subsection (1) an acting returning officer has all the powers, obligations, rights and liabilities of the returning officer under this Act, and this Act has effect accordingly.
For the purposes of subsection (3), the writ is to be taken to have been received—
in the case of a general election, on the day after the date of the dissolution of Parliament, and
in the case of a by-election, on the day after the date of the warrant for the writ.
An acting returning officer has power to appoint deputies to discharge all or any of those duties, and a Welsh county council or county borough council or a district council or London borough council may assign officers to assist in carrying out all or any of those duties.
to matters other than the receipt of nomination papers and connected matters ; or
to the taking or deciding of objections to nomination papers.
Section 25 of the Sheriffs Act 1887 (death of sheriff) does not authorise the undersheriff to discharge the duties of returning officer, and upon a sheriff’s death the acting returning officer shall discharge all the sheriff’s duties as returning officer until another sheriff is appointed and has made the declaration of office.
No consideration shall be given by or to a returning officer for the making out, receipt, delivery or return of the writ for a parliamentary election or, subject to the following provisions of this section, otherwise in connection with its execution.
Nothing in subsection (1) above shall be taken as applying to any inclusive salary payable to a returning officer in respect of the office by virtue of which he becomes returning officer.
Subject to section 29A, a returning officer shall be entitled to recover his charges in respect of services rendered, or expenses incurred, for or in connection with a parliamentary election if—
the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and
the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State for the purposes of this subsection.
A returning officer shall be entitled to his reasonable charges, not exceeding the sums specified in that scale, in respect of services and expenses of the several kinds so specified which have been properly rendered or incurred by him for the purposes of or in connection with a parliamentary election.
An order under subsection (3) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (3B) below, the returning officer may not recover more than that amount in respect of any such services or expenses.
The amount of any charges recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Treasury, but the Treasury may if they think fit, before payment, apply for the account to be taxed under the provisions of section 30 below.
The Secretary of State may, in a particular case, authorise the payment of— if he is satisfied that the conditions in subsection (3C) are met.
more than the overall maximum recoverable amount, or
more than the specified maximum recoverable amount for any specified services or expenses,
Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Treasury a sum equal to the increase shall be charged on and paid out of the Consolidated Fund to the authority.
The conditions referred to in subsection (3B) are—
that it was reasonable for the returning officer concerned to render the services or incur the expenses, and
that the charges in question are reasonable.
On the returning officer’s request for an advance on account of his charges, the Treasury may, on such terms as they think fit, make such an advance.
The power to make orders under subsection (3) above shall be exercised by statutory instrument; 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..
The Treasury may make regulations as to the time when and the manner and form in which accounts are to be rendered to them for the purposes of the payment of a returning officer’s charges.
If the functions of the Treasury under subsection (3) above are transferred to another Minister of the Crown (as defined in section 8(1) of the Ministers of the Crown Act 1975) by an order under that Act, this section shall have effect as if it required the consent of the Treasury to the exercise of any such function.
An application for a returning officer’s account to be taxed shall be made— and in this section the expression “the court” means that court or Auditor.
where the account relates to an election in a constituency in England or Wales or in Northern Ireland, to the county court,
where the account relates to an election in a constituency in Scotland, to the Auditor of the Court of Session,
On any such application the court has jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer.
On any such application the returning officer may apply to the court to examine any claim made by any person against him in respect of matters charged in the account; and the court, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the court shall be final for all purposes and as against all persons.
Any reference in this section to the county court shall be taken, in relation to Northern Ireland, as a reference to the county court having jurisdiction at the place for the delivery of nomination papers at the election in question.
This section applies to a service rendered by a returning officer for or in connection with a parliamentary election in Great Britain which, in the opinion of the Electoral Commission, was inadequately performed.
The Commission may recommend to the Secretary of State that the returning officer is entitled under section 29(3) to no more than a specified amount (which may be nil) in respect of that service.
In making a recommendation under subsection (2), the Commission must have regard to—
any report prepared under section 5 of the Political Parties, Elections and Referendums Act 2000 on the administration of the parliamentary election concerned,
any assessments of the level of performance of the returning officer in relation to that election under section 9B(4) of that Act,
any representations made to the Commission by the returning officer in respect of the performance of the service, and
any other information relating to the performance of the service by the returning officer that has been provided to the Commission.
Where the Commission makes a recommendation under subsection (2), the returning officer is entitled under section 29(3) to no more than the amount (which may be nil) determined by the Secretary of State, having regard to the recommendation by the Commission.
For elections of county councillors in England . . ., the county council may divide an electoral division into polling districts, and may alter any polling district, and for elections of London borough or district councillors the London borough or district council may divide the London borough or district or any ward thereof into polling districts, and may alter any polling district.
In Scotland, for elections of local authority councillors the local authority may divide an electoral ward into polling districts and may alter any polling district, . . .; but in the absence of special circumstances those polling districts shall be those which were last designated for the purpose of parliamentary elections under section 18A above.
Any power to constitute polling districts for the purpose of local government elections shall be exercised so that electors from any parliamentary polling district wholly or partly within the electoral area can, in the absence of special circumstances, be allotted to a polling station within the parliamentary polling place for that district unless the parliamentary polling place is outside the electoral area.
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If the polling districts in an electoral area for the election of a councillor of the Greater London Council or in part of such an area are not determined by subsection (4) above— may divide that area or, as the case may be, that part of that area, into polling districts, and may alter any polling district, and subsection (3) above applies to the power conferred by this subsection.
the council of the London borough which includes that electoral area, or
in the case of an electoral area which includes the City, the Inner Temple and the Middle Temple, the City of Westminster,
All persons voting as electors at a local government election shall do so in person at the polling station allotted to them by the rules under section 36 or section 42 below except in so far as this section makes exceptions for—
those registered as service voters;
those unable or likely to be unable to go in person to the polling station for one of the following reasons—
the general nature of the occupation, service or employment of the person in question;
that person's service as a member of Her Majesty's reserve or auxiliary forces ;
the particular circumstances of that person's employment on the date of the poll either as a constable or, for a purpose connected with the election, by the returning officer;
at an ordinary election, the fact that that person is acting as returning officer at an ordinary election of councillors for some other electoral area ;
at an ordinary election, the particular circumstances of that person's employment on the date of the poll by the returning officer at an ordinary election of councillors for some other electoral area for a purpose connected with the election in that area;
those unable or likely to be unable, by reason either of blindness or any other physical incapacity or of religious observance, to go in person to the polling station or, if able to go, to vote unaided ;
those unable or likely to be unable to go in person from their qualifying address to the polling station without making a journey by air or sea;
those registered by virtue of a patient's declaration under section 7 above ;
those who have a service qualification depending on marriage to, and residence outside the United Kingdom to be with, a person having a service qualification; and
those unable or likely to be unable to go in person to the polling station by reason of the general nature of the occupation, service or employment of, and their resulting absence from their qualifying address to be with, their husband or wife.
A person registered as a service voter may at any local government election vote by proxy.
Where— then, in respect of that registration, at local government elections at which postal voting is allowed he shall be treated as an absent voter and may vote by proxy.
a person is registered at the same qualifying address both as a parliamentary and as a local government elector, and is not so registered as a service voter, and
there is in force an appointment of a proxy to vote for him at parliamentary elections in respect of that registration, being an appointment based on the general nature of his occupation, service or employment,
Unless treated as an absent voter under subsection (3) above, any of the persons mentioned in paragraphs (b) to (e) of subsection (1) above who is not registered as a service voter may vote by post at any local government election at which postal voting is allowed, if he applies to be treated as an absent voter and provides an address in the United Kingdom to which a ballot paper is to be sent for the purpose.
A person who is not registered as a service voter but who either— has the like right to vote by proxy and, in the case dealt with by paragraph (b) above, the like right to vote by post as a person unable or likely to be unable to go to the poll by reason of the general nature of his occupation, service or employment.
has made a service declaration in respect of a qualification depending on marriage as described in subsection (1), or
is as a married person unable or likely to be unable to go to the poll by reason of absence in the circumstances there described,
A person, whether registered as a service voter or not—
may vote in person as an elector notwithstanding any appointment of a proxy to vote for him, if he applies for a ballot paper for the purpose before a ballot paper has been issued for him to vote by proxy : but
shall not be entitled to vote in person as an elector—
where he may vote by proxy by virtue of an appointment for the time being in force and he does not so apply ; or
where he has applied to be treated as an absent voter and is entitled in pursuance of the application to vote by post.
A person not registered as a service voter, if he is entitled to vote in person, but unable or likely to be unable to go in person to the polling station allotted to him by reason of the particular circumstances of his employment on the date of the poll either as a constable or, for a purpose connected with the election by the returning officer, may vote at any polling station of the electoral area.
Postal voting shall be allowed at all local government elections, except, in England and Wales, elections of parish or community councillors.
Nothing in this section shall be taken as conferring a right to vote on a person not having the right apart from this section.
An application to be treated as an absent voter at local government elections shall be made to the registration officer and shall be allowed by him if he is satisfied that the applicant is, or will if registered be, entitled under section 32 above to vote as an absent voter.
The application shall be for a particular election only, if it is based on—
the applicant's service as a member of any of Her Majesty's reserve or auxiliary forces ; or
the fact that the applicant is acting as returning officer in some other electoral area ; or
the particular circumstances of the applicant's employment on the date of the poll either as a constable or by a returning officer;
religious observance ; or
a patient's declaration under section 7 above.
An application not based on one of the grounds mentioned in subsection (2) above shall be for an indefinite period but, where such an application is allowed, the applicant shall cease to be entitled to be so treated as an absent voter in pursuance of it if—
he applies to the registration officer to be no longer so treated; or
he ceases to be registered at the same qualifying address, or becomes so registered as a service voter ; or
the registration officer gives notice that he has reason to believe that there has been a material change of circumstances, and the prescribed period elapses after the giving of notice.
The registration officer shall keep a record of absent voters and of the addresses provided by them as the addresses to which their ballot papers are to be sent.
Except in the case of a service voter who is as a peer subject to a legal incapacity to vote at parliamentary elections, no person shall be specially appointed proxy to vote at local government elections, but any appointment of a person to vote as proxy at parliamentary elections shall have effect also for the purpose of local government elections.
Subject to subsection (3) below, in the case of a service voter who is as a peer subject to a legal incapacity to vote at parliamentary elections, any person shall be capable of being appointed proxy to vote at local government elections for him and may vote in pursuance of the appointment, but not more than one person at a time shall be appointed on behalf of any service voter.
A person—
is not capable of being appointed under subsection (2) above to vote, or of voting, as proxy at a local government election unless he is not subject (age apart) to any legal incapacity to vote at the election as an elector and is either a Commonwealth citizen or a citizen of the Republic of Ireland ;
otherwise qualified is capable of voting as proxy at a local government election at which he is of voting age on the date of the poll, and of being appointed proxy for that purpose before he is of voting age.
A person voting as proxy at a local government election may do so by post if— but a person voting as proxy at a local government election, unless entitled to do so by post, shall do so in person at the elector's polling station.
he applies to vote as proxy by post and provides an address in the United Kingdom to which a ballot paper is to be sent for the purpose, and
he is entitled to vote by post as an absent voter at the election,
The registration officer shall keep a record of electors for whom proxies have been appointed and of the names and addresses of the persons appointed.
Subsections (5) to (7) of section 21 and subsections (4), (5), (6) and (8) of section 22 above apply for the purposes of local government elections as they apply for the purposes of parliamentary elections.
In England . . . every non-metropolitan county council shall appoint an officer of the council to be the returning officer for elections of councillors of the county and every district council shall appoint an officer of the council to be the returning officer for the elections of councillors of the district and an officer of the council to be the returning officer for elections of councillors of parishes . . . within the district.
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In Wales the council of every county or county borough shall appoint—
an officer of the council to be the returning officer for elections of councillors of the county or county borough; and
an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough.
The returning officer at an election of London borough councillors shall be the proper officer of the borough.
The returning officer at any election mentioned in subsections (1) to (3 ) above may by writing under his hand appoint one or more persons to discharge all or any of his functions.
Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.
A local government election in England and Wales is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.
The returning officer— shall be the proper officer of the Greater London Authority.
at any election of the Mayor of London,
at the election of the London members of the London Assembly at an ordinary election, and
for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),
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The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough.
Elections of councillors for local government areas in England ... shall be conducted in accordance with rules made by the Secretary of State.
Rules made under this section shall apply the parliamentary elections rules in Schedule 1 to this Act, subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.
Where the polls at—
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
the ordinary election of parish . . . councillors for any parish . . . or an election to fill a casual vacancy occurring in the office of such a councillor,
All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area in England (that is, a county, .... . . , a district or a London borough) shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.
All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish . . . councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish . . . is situated, exceed that scale, be paid by the district council, but any expenditure so incurred shall, if the district council so require, be repaid to that council by the council of the parish . . . for which the election is held..
Before a poll is taken at an election of a councillor for any local government area in England ... the council of that area or, in the case of an election of a parish ... councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.
Rules made under this section shall be—
made by statutory instrument;
subject to annulment in pursuance of a resolution of either House of Parliament.
the first Thursday in May ;
In every year the ordinary day of election of councillors is the same for all local government areas in England ... and is—
the first Thursday in May;
such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding the year (or, in the case of an order affecting more than one year, the first year) in which the order is to take effect.
such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding the first year in which the order is to take effect.
As respects Authority elections, the power conferred by subsection (1)(b) above shall include power to make an order fixing a day other than the first Thursday in May as the day on which the poll is to be held at an ordinary election other than the first.
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The power to make an order under this section is exercisable by statutory instrument.
Elections of councillors for local government areas in Wales must be conducted in accordance with rules made by the Welsh Ministers.
In relation to the election of councillors to a county council or a county borough council, rules under subsection (1) must—
require polls to be conducted if elections are contested,
establish the requirements for becoming a candidate for election,
require votes at polls to be given by ballot, and
provide for polls to be conducted under the voting systems authorised by sections 5 to 9 of the Local Government and Elections (Wales) Act 2021, which are a simple majority system and a single transferable vote system.
In relation to the election of community councillors for a community council, rules under subsection (1) must—
require polls to be conducted if elections are contested,
establish the requirements for becoming a candidate for election,
require votes at polls to be given by ballot, and
provide for polls to be conducted under a simple majority system.
Rules under subsection (1) may make any other provision for the conduct of elections of councillors for local government areas in Wales.
Rules made by the Welsh Ministers may, for the purposes of, in consequence of, or for giving full effect to rules made under subsection (1), make supplementary, incidental, consequential, transitional, transitory or saving provision.
Rules under subsection (5) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).
Before making rules under this section, the Welsh Ministers must consult such persons as they consider appropriate.
The requirement to consult imposed by subsection (7) may be satisfied by consultation undertaken before the coming into force of this section.
The power to make rules under this section—
is exercisable by statutory instrument;
includes power to make different provision for different purposes.
A statutory instrument containing rules under this section must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.
At local government elections in England and Wales—
the nomination paper shall give for each person subscribing it his electoral number (that is, his number as an elector for the electoral area); and
a telegram (or any similar means of communication) consenting to a nomination shall be admissible instead of the candidate's written consent.
If at a contested local government election in England and Wales proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died, then the returning officer— and the provisions of section 39(5) below shall apply.
shall countermand the poll, or
if polling has begun, shall direct that the poll be abandoned,
Where the polls at— are to be taken on the same day and the elections are for related electoral areas, the polls at those elections must be taken together.
the ordinary election of councillors of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and
the ordinary election of community councillors or an election to fill a casual vacancy occurring in the office of such a councillor,
For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.
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 must be apportioned equally among the elections.
The Welsh Ministers may by regulations make provision 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.
Before making regulations under this section the Welsh Ministers must consult such persons as they consider appropriate.
The requirement to consult imposed by subsection (5) may be satisfied by consultation undertaken before the coming into force of this section.
The power to make regulations under this section is exercisable by statutory instrument.
Regulations must not be made under this section unless a draft of the regulations has been laid before and approved by a resolution of Senedd Cymru.
If in England and Wales at a local government election, other than an election for the return of the London members of the London Assembly,— the returning officer . . . shall order an election to fill any vacancy which remains unfilled to be held on a day appointed by him. That day shall be within the period of 35 days (computed acccording to section 40 below) beginning with the day fixed as the day of election for the first mentioned election.
the poll is countermanded or abandoned for any reason, or
no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held,
If for any other reason an election to an office under the Local Government Act 1972 or the 1999 Act . . . , other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the court.
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The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.
if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or
employ or use the services of the same clerks or messengers at the election, or
“Jersey immigration rules” means the rules contained in the directions made in respect of the Bailiwick of Jersey under sections 1(4A) and 3(2) of the 1971 Act as extended to that Bailiwick.
Electoral numbers shall be allocated by a registration officer in such a way as to ensure, so far as is reasonably practicable, that in each separate part of a register the numbers run consecutively.
The registers of parliamentary electors and of local government electors shall so far as practicable be combined, the entries of persons registered only as parliamentary electors or local government electors being marked to indicate that fact.
In relation to the registration of local government electors in Scotland, the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18.
In relation to the registration of local government electors in Wales—
the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18;
the entry in the combined registers of any person who is registered only as a local government elector by virtue of section 4(3A) of this Act must give an indication of that fact.
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the expenses referred to in section 131 above, incurred by the proper officer of the authority for receiving the court, or
is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat or office should at any time be vacated, or in consideration of the withdrawal of any other election petition, or
the prescribed officer shall thereupon certify the recognisance to be forfeited, and
Section 23.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
Note.—The forms contained in this Appendix may be adapted so far as circumstances require.
ELECTION OF A MEMBER to serve in Parliament for the Constituency.
Candidate's surname Other names in full Commonly used surname (if any) Commonly used forenames (if any) Description (if any) SULLIVAN Arthur Seymour GILBERT W. S. Independent Signatures Electoral Number (See Note 3) Distinctive letter Number Proposer Seconder We, the undersigned, being electors for the said Constituency, do hereby assent to the foregoing nomination. 1 2 3 4 5 6 7 8
The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination contained in the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983.
Where a candidate is commonly known by some title he may be described by his title as if it were his surname.
Where a candidate commonly uses a name or names— the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.
that are different from the candidate’s full names as stated on the nomination paper, or
in a different way from the candidate’s full names as stated on the nomination paper,
But the ballot paper will show the other name if the returning officer thinks—
that the use of the commonly used name may be likely to mislead or confuse electors, or
that the commonly used name is obscene or offensive.
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An elector may not subscribe more than one nomination paper for the same election.
A person whose name is entered in the register . . . may not subscribe a nomination paper if the entry gives as the date on which he will become of voting age a date later than the day fixed for the poll.
Nothing is to be printed on the ballot paper except in accordance with these directions.
So far as is practicable, the arrangements set out in paragraphs 3 to 13 must be observed in the printing of the ballot paper.
No word may be printed on the face except:
the heading “Election of the Member of Parliament for the …………... constituency”;
within that heading, the name of the constituency;
the direction “Vote for only one candidate by putting a cross [X] in the box next to your choice”;
the particulars of the candidates; and
words forming part of the emblems mentioned at paragraph 10 below.
A box must be printed around: and the direction referred to in paragraph 3(c) must be separated from the heading and name referred to in paragraph 3(a) and (b) by a horizontal rule extending across the box.
the heading and name referred to in paragraph 3(a) and (b); and
the direction referred to in paragraph 3(c);
No rule may be printed on the face except:
as part of the box referred to in paragraph 4;
the horizontal rule referred to in that paragraph;
a horizontal rule above the particulars of the first candidate;
horizontal rules separating the particulars of the candidates from one another;
a horizontal rule below the particulars of the last candidate;
as part of the boxes on the right-hand side of the ballot paper where the vote is to be marked.
The horizontal rules referred to in paragraph 5(c), (d) and (e) must be equally spaced and the space between each of them must be a minimum of 2.5 centimetres.
The boxes referred to in paragraph 5(f) must not touch any horizontal rule and each one must be equidistant between the horizontal rule above it and the horizontal rule below it.
Each of the horizontal rules referred to in paragraph 5(c) and (d) must extend from a point level with the text on the left-hand side of the page to a point directly above the centre of the box below that rule.
The horizontal rule referred to in paragraph 5(e) must:
extend from a point level with the text on the left-hand side of the page to a point directly below the right-hand edge of the box above that rule; and
be thicker than the other horizontal rules.
Where a registered emblem is to be printed against a candidate’s particulars:
it must be printed adjacent to and to the right of the candidate’s particulars; and
its size as printed must not exceed 2 centimetres square.
All the words on the front of the ballot paper must appear in the same large type except that:
the heading and name referred to in paragraph 3(a) and (b) must appear in very large and bold type;
in the direction referred to in paragraph 3(c), the words “only one candidate” must appear in very large and bold type;
the remainder of that direction must appear in very large type;
the names of the candidates and the descriptions, if any, must appear in bold type.
The surname of each candidate must appear in capitals and the candidates’ other names must be in lower case with initial capitals.
The number and other unique identifying mark must be printed close to each other on the back of the ballot paper.
You must satisfy the presiding officer about your identity by showing an approved form of ID.
When you are given a ballot paper go to one of the compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate you are voting for.
Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted. Do not let anyone see your vote.
Fold the ballot paper in two. Show the back of the ballot paper to the presiding officer so as to disclose the number and other unique identifying mark. Put the ballot paper in the ballot box and leave the polling station.
If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
I, A. B., of , having been requested to assist C. D., (in the case of a voter with disabilities voting as proxy add voting as proxy for M. N.) whose number on the register is to record his vote at the election now being held in this constituency, hereby declare that I am aged 18 or over and that I have not previously assisted any voter with disabilities [except E. F., of ] to vote at the said election. (Signed) A. B., day of 19 . I, the undersigned, being the presiding officer for the polling station for the Consitiuency, hereby certify that the above declaration, having been first read to the above-named declarant, was signed by the declarant in my presence. (Signed) G. H., day of 19 . minutes past o’clock [a.m.] [p.m.] NOTE 1.If the person making the above declaration knowingly and wilfully makes therein a statement false in a material particular, he will be guilty of an offence. 2. A voter with disabilities is a voter who has made a declaration under the parliamentary elections rules that he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
if a parish or community council is not properly constituted because an election is not held or is defective or for any other reason,
hire or use the same committee rooms for the election, or
“the relevant date” means 30 June 2021;
For elections of county or county borough councillors in Wales, the county or county borough council may divide an electoral ward into polling districts and may alter any polling district.
For any Authority elections, a London borough council or the Common Council may divide their area into polling districts and may alter any polling district.
the remuneration and allowances referred to in section 132 above,
is or are (whether lawful or unlawful) not mentioned in the affidavits referred to in section 148 above,
it shall be dealt with as if forfeited by the Crown Court, or, in Northern Ireland, under the Fines Act (Ireland) 1851, as the case may be,
Section 53.
Provisions prescribing the arrangements to be made for the carrying out of his registration duties by a registration officer for part of a constituency, where the constituency is not coterminous with or wholly situated in a district, Welsh county or county borough or London borough. Provisions authorising or requiring a registration officer to require persons to give information required for the purpose of his registration duties or to make declarations of any prescribed description as to matters relevant to their entitlement to be registered. Provision made under sub-paragraph (2) authorising or requiring a registration officer ... to— must specify the kind of evidence that a person may be required to provide (for examples, see paragraphs 3ZA(5) and 3A(6)). Provision of the kind mentioned in sub-paragraph (2A) may authorise or require the registration officer to require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description). Provisions authorising a registration officer, where— to remove the person’s entry from the register. Provisions authorising a registration officer to inspect, for the purpose of his registration duties, records kept (in whatever form) by— and to make copies of information contained in such records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions made under sub-paragraph (4) ... above shall have effect despite any statutory or other restriction on the disclosure of information. References in this paragraph to a registration officer’s registration duties include references to— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions imposing on registration officers the duty of requiring persons to give information required for the purpose of the officer’s duty under section 3(1) of the Juries Act 1974.
Provision authorising or requiring a person to disclose information to another person for the purpose of assisting a registration officer ...— The following persons are within this sub-paragraph— In sub-paragraph (1A)(b)(i), the reference to an application for registration in, or alteration of, a register includes a reference to a partially completed application submitted through the UK digital service. Provision made under sub-paragraph (1) may authorise or require the person to whom the information is disclosed— The provision that may be made under sub-paragraph (1) or (2) includes provision— Provision made under this paragraph has effect despite any statutory or other restriction on the disclosure of information. In this paragraph “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act). In sub-paragraph (1), the reference to disclosing information includes, in relation to verifying information relating to a person who is named in a relevant registration application or a relevant absent voting application, references to disclosing evidence provided by a person in connection with the application. In this paragraph— A notice, including a partially completed notice, under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.
Provision as to the information that a registration officer may or must require persons to give by virtue of regulations under paragraph 1(2), or must provide to persons, when conducting a canvass in Great Britain (whether as part of a canvass form or communication or otherwise). Provision authorising or requiring a registration officer in Great Britain to complete canvass forms in part for people. Provision as to the form and contents of declarations to be made by those responding to a canvass in Great Britain.
Provisions laying down a timetable for the preparation of the register and other matters, and providing that notices and other documents received by the registration officer out of time may be or shall be disregarded either altogether or for the purposes of a particular register or election.
Provisions as to the manner in which service declarations, and applications and notices from service voters, are to be transmitted to the registration officer Provisions as to the manner in which overseas electors’ declarations and applications from persons making such declarations, are to be transmitted to the registration officer. Provision as to the manner in which renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985) are to be transmitted to the registration officer.
Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person’s service declaration having ceased to be in force. Provisions as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, of a person satisfying any of the requirements for qualifying as an overseas elector in respect of any constituency. The provision that may be made under sub-paragraph (1A) includes provision authorising a registration officer, despite provision contained in regulations made by virtue of that sub-paragraph— Provisions as to the evidence which shall or may be deemed sufficient or conclusive evidence that a person's safety would be at risk as mentioned in section 9B(10) of this Act. Provisions as to the evidence of age or nationality which may be required by the Chief Electoral Officer for Northern Ireland in connection with a person’s registration otherwise than as a service voter or with his appointment as a proxy. Provisions requiring any fee payable in connection with the making for the purpose of the regulations of any statutory declaration to be paid by the registration officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions requiring registration officers to remind persons registered in pursuance of declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered.
Provisions requiring registration officers to remind persons with anonymous entries in registers of the need to make a fresh application and declaration in order for them to remain so registered.
Provisions as to the cases in which an application or objection may be determined by the registration officer without a hearing, and as to a person’s right in any such cases to make written representations to him.
Provisions authorising a registration officer to require any person’s evidence at a hearing before him to be given on oath and to administer oaths for the purpose.
Provisions requiring the registration officer to prepare a special list of those persons entitled to be registered whose addresses are not required to be shown in the register or of any class of such persons, showing the addresses of the person concerned.
Provision about applications under section 10ZC , 10ZD, 13BD or 13BE, including in particular provision about— Provision made under sub-paragraph (1) may include provision— Provision made under sub-paragraph (1) in relation to applications within sub-paragraph (2B) may include provision— The following applications are within this sub-paragraph— Provision requiring a person making an application under section 10ZC or 10ZD— Provision requiring a person making an application under section 13BD or 13BE to provide evidence that the person is the person named in the application. Provision made under sub-paragraph (3) or (3A) must specify the kind of evidence that a person is required to provide. Examples of the evidence that may be specified include a person's date of birth or national insurance number. Provision made under sub-paragraph (3) or (3A) may require a person to provide the evidence to a registration officer or to some other prescribed person (or person of a prescribed description). In sub-paragraph (2B)(a)(iii), “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.
Provision about renewal declarations (within the meaning given by section 1D(2) of the Representation of the People Act 1985), including in particular provision about their form and contents. Provision made under sub-paragraph (1) may include provision conferring functions on the Electoral Commission.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions requiring a registration officer to prepare, in addition to the version of the register which he is required to prepare by virtue of the other provisions of this Act (“the full register”), a version of the register which omits the names and addresses of registered electors by or on behalf of whom requests have been made to have their names and addresses excluded from that version of it (“the edited register”). The edited version shall also omit anonymous entries. Provisions specifying a form of words to be used by a registration officer for the purpose of—
Provision about— Provision made under sub-paragraph (1) may include provision— Provision requiring a person making an application for registration in Northern Ireland— Provision requiring a person making an application under section 13C to provide evidence that the person is the person named in the application. Provision made under sub-paragraph (3) or (4) must specify the kind of evidence that a person is required to provide. Examples of the evidence that may be specified include a person’s date of birth or national insurance number. Provision made under sub-paragraph (3) or (4) may require a person to provide the evidence to the Chief Electoral Officer for Northern Ireland or to some other prescribed person (or person of a prescribed description). Provision about how any requirement for an applicant to provide a signature in connection with— may be satisfied.
Provisions as to the form and content of applications for an anonymous entry and declarations to be made in connection with such applications.
Provisions imposing prohibitions or restrictions relating to the extent (if any) to which— Provisions imposing, in relation to persons— prohibitions or restrictions corresponding to those which may be imposed by virtue of sub-paragraph (1) above. Provisions imposing, in relation to persons involved in the preparation of the full register, prohibitions with respect to supplying copies of the full register and disclosing information contained in it. In this paragraph any reference to the full register includes a reference to any part of it.
Provisions as to the arrangements to be made in relation to the issue and receipt of, and for subsequently dealing with, ballot papers for postal voting, including provisions—
authorising replacement ballot papers to be issued in any prescribed circumstances;
authorising the cancellation or removal of ballot papers in any prescribed circumstances;
as to the proceedings in connection with the issue and receipt of ballot papers and, in particular—
the persons who are to be entitled, or may be allowed, to attend, and
the rights and obligations of persons attending;
as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.
Provision authorising or requiring a registration officer conducting a canvass for the purposes of a register of local government electors in Scotland or Wales to take specified steps for the purpose of obtaining information where no response is received in respect of a particular address. Provision authorising or requiring a registration officer conducting a canvass for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England or in Scotland or in Wales— Provision authorising or requiring a registration officer in Great Britain to take specified steps to encourage a person to make an application under section 10ZC or 10ZD in response to an invitation to do so made by the officer. Examples of the steps that a registration officer may be authorised or required to take under sub-paragraph (1), (1A) or (2) include writing to the person or visiting the person's address to speak to the person.
Provisions making it an offence (punishable on summary conviction by a fine not exceeding level 3 on the standard scale) for a person— References in sub-paragraph (1)(b) to a registration officer’s registration duties include references to— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision making it an offence, in prescribed circumstances, for a person to process information in breach of provision made under paragraph 1A(3)(e) or (f) or 8C. Provision made under sub-paragraph (1ZB) creating an offence may not— In sub-paragraph (1ZC)(b) “the relevant maximum”— Provisions making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale)— Any other provisions incidental or supplemental to those mentioned in the foregoing paragraphs of this Schedule.
Provision about the manner in which relevant absent voting applications are to be made. Provision made under sub-paragraph (1) may include provision— Provision imposing requirements to be met in relation to a relevant absent voting application. Provision about how any requirement for an applicant to provide a signature in connection with a relevant absent voting application may be satisfied. In this paragraph “relevant absent voting application” has the same meaning as in paragraph 1A. A notice under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.
Provision about the use of the UK digital service in relation to relevant devolved absent voting applications. Provision made under sub-paragraph (1) may include provision— Except as provided by sub-paragraph (4), the disclosure or other processing of information in accordance with provision made under this paragraph does not breach— Provision made under this paragraph does not require or authorise the disclosure or other processing of personal data that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or the powers conferred by such provision). Regulations under this paragraph may, in connection with provision under sub-paragraph (1), include transitional provision under section 201(3) which makes provision for, or in connection with, the expiry of some or all devolved election proxy appointments. In this paragraph—
Provision requiring applications under paragraph 3 or 4 of Schedule 4 to the Representation of the People Act 2000 orsection 6 or 7 of the Representation of the People Act 1985 to be attested and limiting the number of such applications that a person may attest. Provision requiring a person applying under paragraph 4 of Schedule 4 to the Representation of the People Act 2000 orsection 7 of the Representation of the People Act 1985 to do so in person, producing a document of a prescribed description. Provision as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, in connection with a person’s application to vote by proxy or to vote by post as elector or as proxy. Provision authorising or requiring registration officers—
Provision as to the steps that a registration officer in Great Britain must take, before appointing a person as proxy to vote for another, to ensure that the appointment complies with paragraph 6(3) or (3A) of Schedule 4 to the Representation of the People Act 2000. Provision under sub-paragraph (1) may require another registration officer (including the Chief Electoral Officer for Northern Ireland) to provide information about whether the person has or will have an entry in a register maintained by that officer.
Provisions requiring the registration officer to prepare a record of those persons with anonymous entries in the register showing, in relation to each such person, such information as is prescribed.
Provision authorising or requiring a registration officer in determining an application under section 10ZC , 10ZD, 13BD, 13BE or 13C, in prescribed cases, to treat a prescribed person's statement of a fact as sufficient evidence of that fact. In sub-paragraph (1) “prescribed” includes of a prescribed description.
Provision requiring a registration officer in Great Britain to keep records of— Provision requiring the Chief Electoral Officer for Northern Ireland to keep records of— Provision made under sub-paragraph (1) or (2) may include provision about information to be shown in a record. Provision authorising or requiring a relevant registration officer— to such persons and for such purposes as may be prescribed. In sub-paragraph (4), “relevant registration officer” means—
Provision requiring the retention or disposal, or otherwise regulating the processing, of— In this paragraph “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).
Provisions requiring copies of the full register and other documents, or prescribed parts of them, to be available for inspection by the public at such places as may be prescribed.
Provisions authorising or requiring a registration officer— Provisions specifying, in relation to any description of persons prescribed by regulations made in pursuance of sub-paragraph (1)(a) above, the purposes for which copies supplied to such persons under such regulations, or information contained in them, may be used whether by such persons or by employees or other persons authorised by them in accordance with regulations to have access to such copies or information contained in them. Without prejudice to the generality of sub-paragraph (1) above or paragraph 11A below, regulations made in pursuance of sub-paragraph (1) may contain any such provisions as are authorised by paragraph 11A.
Provisions authorising or requiring registration officers to supply information in such form as may be prescribed, to such persons as may be prescribed on payment of a prescribed fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where regulations under rule 45(1B)(a) or (b) in Schedule 1 provide that a postal voting document may be returned by hand to a polling station or to the returning officer, provision within this paragraph. Provision— Provision requiring a relevant officer— In sub-paragraph (3)— Provision authorising a relevant officer to reject a postal voting document handed in by a person where the relevant officer knows or has reasonable cause to suspect that, in handing in the document, the person commits an offence under section 112A (offences relating to handling of postal voting documents). Provision as to the arrangements to be made in respect of the documents mentioned in sub-paragraph (7), including provision about— The documents are— Provision requiring prescribed information about postal voting documents that are handed in, or about the documents mentioned in sub-paragraph (7), to be supplied to— Provision about the notification of the persons mentioned in sub-paragraph (10) where a postal ballot paper is— The persons are— Provision as to the meaning of any reference in the regulations to— In this paragraph—
Where regulations under rule 45(2)(a) in Schedule 1 provide that a postal voting document may be returned by hand to the returning officer, provision within this paragraph. Provision— Provision requiring the returning officer— In sub-paragraph (3)— Provision authorising the returning officer to reject a postal voting document handed in by a person where the returning officer knows or has reasonable cause to suspect that, in handing in the document, the person commits an offence under section 112A (offences relating to handling of postal voting documents). Provision as to the arrangements to be made in respect of the documents mentioned in sub-paragraph (7), including provision about— The documents are— Provision about the notification of the persons mentioned in sub-paragraph (9) where a postal ballot paper is— The persons are— Provision as to the meaning of any reference in the regulations to— In this paragraph—
Regulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;
publish a joint address, circular or notice at the election,
Sections 81 and 82.
Sections 90 and 197.
Any claim against any person in respect of any election expenses incurred by or on behalf of a candidate which is not sent in within 14 days after the day of election shall be barred and not paid, and all election expenses incurred as mentioned above shall be paid within 21 days after the day of election and not otherwise. If any person makes a payment in contravention of this paragraph he shall be guilty of an illegal practice, but a candidate shall not be liable, nor shall his election be avoided, for any illegal practice committed under this subparagraph without his consent or connivance.
Every agent of a candidate at the election shall, within 23 days after the day of election, make a true return to the candidate in writing of all election expenses incurred by the agent and if he fails so to do he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Within 28 days after the day of election every candidate shall deliver to the proper officer of the authority for which the election is held a return of all election expenses incurred by the candidate or his agents vouched (except in the case of sums under £10) by bills stating the particulars and receipts and accompanied by a declaration by the candidate as to election expenses.
After the expiry of the time for making the return and declaration, the candidate, if elected, shall not, until he has made the return and declaration or until the date of the allowance of any authorised excuse under paragraph 7 below, sit or vote in the council and if he does so— Civil proceedings for a penalty under this paragraph shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred. For the purposes of sub-paragraph (2) above the issue of a writ or other process shall be deemed to be a commencement of a proceeding, where the service or execution of the same on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, but save as mentioned above the service or execution of the same on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.
If the candidate fails to make that return and declaration he shall be guilty of an illegal practice, and, if he knowingly makes that declaration falsely, he shall be guilty of a corrupt practice.
The High Court, an election court or the county court may, on application either of the candidate or a creditor, allow any claim to be sent in and any expense to be paid after the time limited by this Schedule, and a return of any sum so paid shall forthwith after payment be sent to the proper officer of the authority.
The order may make the allowance conditional upon compliance with such terms as to the court seem best calculated for carrying into effect the objects of this Schedule, and the order shall relieve the applicant from any liability or consequence under this Act in respect of the matters excused by the order. The date of the order, or, if conditions and terms are to be complied with, the date on which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse.
The return and declaration shall be kept at the office of the proper officer of the authority and shall at all reasonable times during the twelve months next after they are received by him be open to inspection by any person on payment of the prescribed fee and the proper officer shall, on demand, provide copies of them, or of any part of them, at the prescribed price. After the expiry of twelve months the proper officer of the authority may cause the return and declaration to be destroyed or, if the candidate so requires, shall return them to him.
For the purposes of this Schedule—
the jurisdiction vested by paragraph 7 in the county court may be exercised otherwise than in open court; and
an appeal lies to the High Court from any order of the county court made by virtue of that paragraph.
Any arrangements for the use of a room in school premises shall be made with the local authority maintaining the school or, in the case of a room in the premises of a foundation or voluntary aided school, with the governing body of the school. Any question as to the rooms in the school premises which a candidate in any constituency is entitled to use, or as to the times at which he is entitled to use them, or as to the notice which is reasonable, shall be determined by the Secretary of State.
Every local education authority shall prepare and revise for their area lists of the rooms in school premises which candidates in any constituency are entitled to use. The list shall include the rooms in premises outside, as well as those in premises in, the constituency.
Every district in the London borough council and every Welsh county and county borough council shall prepare and revise for their area lists of the meeting rooms which candidates in any constituency are entitled to use. The list shall indicate the person to whom applications for the use of the room are to be made in each case. The list shall not include any room if the person maintaining it disputes the right of candidates in the constituency to use it.
The lists of rooms in school premises and of meeting rooms prepared for each constituency shall be kept by the registration officer, and those lists and particulars of any change made on their revision shall (where necessary) be forwarded to him accordingly.
In the event of a dissolution, or of a vacancy occurring in the seat for the constituency, any person stating himself to be, or to be authorised by, a candidate or his election agent shall be entitled at all reasonable hours to inspect those lists or a copy of them.
In the application of this Schedule to Scotland—
for the reference in paragraph 1(1) to a local authority substitute a reference to an education authority;
subparagraph (1) of paragraph 2, subparagraph (1) of paragraph 3 and paragraph 4 do not apply, and it is the duty of the proper officer of every local authority to prepare and keep for each constituency wholly situated in the area of the council and for each part so situated of any other constituency— which candidates in the constituency are entitled to use.
a list of rooms in school premises, and
a list of meeting rooms,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraphs 1 and 2 “local authority” has the meaning given by section 579(1) of the Education Act 1996.
Section 191(2).
Without prejudice to the application of any provision of this Act to elections in the City by virtue of sections 191 to 196 of this Act, this Schedule has effect as regards the operation of Part II of the City of London (Various Powers) Act 1957 (referred to in this Schedule as “the City Act”) and the City of London (Ward Elections) Act 2002.
Notwithstanding anything in section 6(1) of the City Act—
a person qualified (age apart) to vote as an elector at a ward election shall be entitled to do so if he is of the age of 18 years or over on the date of the poll, except that,
a person registered in the ward list to be used at a ward election shall not be entitled to vote as an elector at the election if his entry in the ward list gives a date later than the date of the poll as the date on which he will attain the age of 18 years.
Ward lists and provisional ward lists shall give for any elector the date on which it appears to the town clerk of the City that the elector will attain the age of 18 years, if that date is after the 16th November in the year in which the ward lists are to be published.
Claims and objections asking for the omission, insertion or alteration of a date in a ward list as that on which an elector will attain that age may be made as in the case of claims and objections relating to the inclusion of a person’s name in the list, and sections 7(4) and 9 of the City Act shall with any necessary modifications apply accordingly.
Any power under this Act to prescribe the form of service declaration may be exercised so as to take account of the difference between the qualifying date under this Act and the qualifying date under the City of London (Ward Elections) Act 2002.
Nothing in this Act affects the operation of . . . paragraph (a) of subsection (5) of section 5 of the Representation of the People Act 1949 . . . in relation to their application by section 4(2) of the City Act.
Section 206.
Where a period of time specified in an enactment repealed by this Act is current at its commencement, this Act has effect as if the provision corresponding to that enactment had been in force when that period began to run.
The imposition or subsistence of an incapacity is not affected by the repeal by this Act of any enactment, and any such incapacity shall for the purposes of this Act be treated as having been imposed under the corresponding provision of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
So far as sections 8(4) and 26 of this Act reproduce any provision derived from the exercise of the power under section 38 of the Northern Ireland Constitution Act 1973 to make an Order in Council that provision has effect as if it were contained in an Order in Council so made.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any power exercisable under section 254 of the Local Government Act 1972 (consequential and supplementary provision) in relation to a provision of that Act repealed and reenacted by this Act is exercisable in relation to that provision as so reenacted to the extent that it would have been exercisable immediately before such repeal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the first column sets out certain provisions of this Act which specify a fine on summary conviction,
the second column sets out in relation to each corresponding provision in the first column the maximum amount of that fine, and (notwithstanding anything in that provision to the contrary) that maximum amount shall continue to have effect as to any such fine until replaced as mentioned in paragraph (c) below,
the third column sets out in relation to each corresponding provision in the first column the level on the standard scale which shall replace that maximum amount in relation to any such fine by virtue of an order made under section 80 (commencement) of the Criminal Justice Act 1982 bringing the relevant provisions of that Act into force,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 5(3) and 7 ;
section 19(1) and (4), 32(1), 33(2) and 62(1) to the extent that they provide for or refer to a patient's declaration under section 7 ;
paragraph 27 of Schedule 8 ; and
Part II of Schedule 9 to the extent that it repeals certain provisions of the Mental Health (Amendment) Act 1982.
In relation to a person shown in a register or electors list as attaining voting age on a specified date the references in subparagraph (1) above do not apply except for the purposes of an election at which the day fixed for the poll falls on or after that date.
A reference in any Act (whenever passed) to— shall be taken respectively as a reference to the registration officer or returning officer appointed under this Act.
the registration officer for the registration of parliamentary or local government electors, or
the returning officer for a parliamentary election or constituency,
A reference in any Act (whenever passed) to registration expenses in connection with the registration of parliamentary or local government electors shall be taken as a reference to registration expenses under this Act.
Subject to this paragraph, the provisions of paragraphs 10 to 12 of this Schedule apply to a reference— Those provisions so far as they relate to this Act or any other Act passed after that Act of 1948 do not apply where the context otherwise requires. Those provisions so far as they relate to Acts passed before that Act of 1948 may be excluded in whole or in part by an order of the Secretary of State in any particular case where they appear to him to be inappropriate. That order may make such change in the law which this Act reproduces from the Representation of the People Act 1949 as might have been made before its commencement under paragraph 8(1)(c) of Part I of Schedule 10 to that Act of 1948. The provisions of paragraphs 10 to 12 may be supplemented by an order made by the Secretary of State in relation to an Act passed previous to the Representation of the People Act 1948— A power conferred by this paragraph to make an order shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment by resolution of either House of Parliament. Nothing in paragraphs 10 to 12 shall be taken to prejudice the operation in relation to this Act of any provision of the Interpretation Act 1978 as to repeals.
Section 206.
After subsection (3) of section 1 of the Public Meeting Act 1908 insert the following subsection—
In section 4 of the City of London (Various Powers) Act 1957—
in subsection (1) for “”Act of 1949”’ substitute “ ”Act of 1983 ”’, and for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”;
in subsection (1), for “set out in the Second Schedule to the Act of 1949” substitute “ made by the Secretary of State under section 36 of the Act of 1983 ”;
in subsection (2), for “Act of 1949” substitute “ Representation of thePeople Act 1949 ”.
In section 8 of the City of London (Various Powers) Act 1957—
in subsection (1)—
for “Act of 1949” substitute “ Act of 1983 ” and for “section 167” substitute “ sections 191 to 196 ”;
section 3 (disfranchisement of offenders in prison, etc.); section 6 (residence: merchant seaman); sections 14(1) and 15 to 17 (service qualifications and declarations for registration); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; section 46 (further provision as to local election voting); section 59 (supplemental provisions as to members of forces and service voters).
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for " section 23 of the 1949 Act" substitute " section 32 of the 1983 Act " ;
for "' at the polling station allotted to them under the local election rules'" substitute " ' at the polling station allotted to them by the rules under section 36 or section 42 below' " .
in subsection (3), for " section 25 of the Act of 1949 " substitute " section 34 of the Act of 1983 " ;
in subsection (4), for “Act of 1949” substitute “ Act of 1983 ” and for “rule 21 of the local elections rules” substitute “ rule 20 of the Local Elections (Principal Areas) Rules 1973 ”;
in subsection (5), for “Act of 1949” substitute “ Act of 1983 ”.
in subsection (4), for "Act of 1949" substitute " Act of 1983 " and for "rule 21 of the local elections rules" substitute " rule 20 of the Local Elections (Principal Areas) Rules 1973 " ;
in subsection (5), for " Act of 1949 " substitute " Act of 1983 " .
In section 9(4) of the City of London (Various Powers) Act 1957 for “Act of 1949” substitute “ Act of 1983 ”.
In section 39 of the City of London (Various Powers) Act 1960—
in paragraph (b) of subsection (1), for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”;
in subsection (2), for “Act of 1949” substitute “ Act of 1983 ”.
In Schedule 3 to the London Government Act 1963—
in paragraph 22 of Part II, for " Representation of the People Act 1949 " substitute " Representation of the People Act 1983 " ;
in paragraph 22 of Part II, for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”;
in paragraph 23 of Part II, for “said Acts of 1949” substitute “ Representation of the People Act 1983 ”.
in paragraph 23 of Part II, for " said Acts of 1949 " substitute " Representation of the People Act 1983 " .
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in paragraph (a) of that subsection, for " section 47, section 48 " substitute " section 60, section 61 " , and for " section 52 " substitute " section 65 " ;
in paragraph (b) of that subsection, for " section 53 " substitute " section 66 " ;
in paragraph (c) of that subsection, for " sections 99 to 101 " substitute " sections 113 to 115 " ;
in paragraph (d) of that subsection, for "sections 146 to 148 and 151 " substitute " sections 168 to 170 and 173 " ;
in paragraph (i) of that subsection, for " section 53 " substitute " section 66 " ; and
in paragraph (ii) of that subsection, for " section 99 " substitute " section 113 " .
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for "sections 147 and 151 of the Representation of the People Act 1949 " substitute " sections 169 and 173 of the Representation of the People Act 1983) " ; and
for " section 151 " substitute " section 173 " .
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in paragraph 1, for " section 42 of the Local Government Act 1972 " substitute " section 36 of the Representation of the People Act 1983 " ;
in paragraph 5—
for " section 42 of the Representation of the People Act 1949 " substitute " section 53 of the Representation of the People Act 1983 " ;
for " section 53(4) of the Representation of the People Act 1949 " substitute " section 66(4) of the Representation of the People Act 1983 " .
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In the following provisions of the Local Government Act 1972 for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”—sections 6(1), 9(5), 11(3)(b), 16(2), 25(1), 28(2), 29(3)(b), 35(1), 80(1)(e), 86(b) and Schedule 2, paragraph 6(1).
In section 89(6) of the Local Government Act 1972 for “section 42 above” substitute “ section 36 of the Representation of the People Act 1983 ”.
In paragraphs 18(5) and 34(5) of Schedule 12 to the Local Government Act 1972 for “section 42 above and of the enactments mentioned in section 165(1) of the Representation of the People Act 1949” substitute “ section 36 of the Representation of the People Act 1983 and of the enactments mentioned in section 187(1) of that Act ”.
In the Local Government (Scotland) Act 1973—
in section 4(1), for “Act of 1949” substitute “ Representation of the People Act 1983 ”;
in paragraph (d) of section 31(1), for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”.
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In section 3(1) of the Juries Act 1974, for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”.
In section 6(3) of the House of Commons Disqualification Act 1975, for “section 124(5) of the Representation of the People Act 1949” substitute “ section 144(7) of the Representation of the People Act 1983 ”.
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In Part III of Schedule 1 to the House of Commons Disqualification Act 1975—
for the reference to “Registration Officer appointed under Part IIIof the Local Government Act 1972” substitute “ Registration Officer appointed under section 8(2) of the Representation of the People Act 1983 ”;
for the reference to “Returning Officer under section 17(2) of the Representation of the People Act 1949 and any Deputy Returning Officer appointed by him” substitute “ Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him. ”
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for "Representation of the People Act 1949" substitute " Representation of the People Act 1983 " ;
for " section 48(2) " substitute " section 61(2) " ;
for " section 48(7) " substitute " section 61(7) " ; and
for " section 155 " substitute " section 178 " .
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In paragraph (h) of section 35(2) of the Judicature (Northern Ireland) Act 1978, for “sections 107 to 136 of the Representation of the People Act 1949” substitute “ sections 120 to 156 of the Representation of the People Act 1983 ”.
In section 108(1) of the Judicature (Northern Ireland) Act 1978 for “section 110 of the Representation of the People Act 1949” substitute “ section 123 of the Representation of the People Act 1983 ”.
In section 142(1) of the Senior Courts Act 1981 , for “Representation of the People Act 1949” substitute “ Representation of the People Act 1983 ”.
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Section 206.
Chapter Short title Extent of repeal 7 & 8 Geo. 5. c. 64. The Representation of the People Act 1918. Sections 19 and 43. 12, 13 & 14 Geo. 6. c. 68. The Representation of the People Act 1949. In paragraph (b) of section 45(11), from the beginning to the words “appeals thereunder, and”. In section 111(2)— (a) paragraph (a); (b) in paragraph (b), the words “whose clerk is registration officer”. In section 116(2), the word “gaolers”. Section 132. In section 161(2), the words “a simple contract debt”. In section 163, in the definition of “public office”, the word “municipal” where it first occurs and the word “bailie”. In section 168(2), the words “where the poll is taken by means of voting papers”. Section 170. In section 174(1), paragraphs (b) and (c). In Schedule 2— (a) in Part II, rule 4(3); (b) in Part IV, in rule 53(2), the words “double return and any”. In paragraph 1(1) of Schedule 8, the words “and local government electors registered under this Act” to the end. 1968 c. xxxvii. The City of London (Various Powers) Act 1968. In section 3— (a) in subsection (3), the entry relating to the Representation of the PeopleAct 1949; (b) subsection (4). Section 4. 1969 c. 39. The Age of Majority (Scotland) Act 1969. In paragraph 2 of Schedule 2, the words “The Representation of the People Acts (and any regulations, rules or other instruments thereunder) and”. 1969 c. 46. The Family Law Reform Act 1969. In paragraph 2 of Schedule 2, the words “The Representation of the People Acts (and any regulations, rules or other instruments thereunder)” and the words “and any statutory provision” to the end. 1973 c. xx. The City of London (Various Powers) Act 1973. Section 9. 1973 c. 65. The Local Government (Scotland) Act 1973. In section 11— (a) subsection (2); (b) in subsection (3), the words “Representation of the People Acts and other” and “and local government”; (c) subsection (4). In Schedule 2, paragraph 2(4), (5). 1979 c. 40. The Representation of the People Act 1979. The whole Act.
Chapter Short title Extent of repeal 12, 13 & 14 Geo. 6 c. 68. The Representation of the People Act 1949. The whole Act, so far as unrepealed. 12, 13 & 14 Geo. 6 c. 86. The Electoral Registers Act 1949. The whole Act. 2 & 3 Eliz. 2 c. 8. The Electoral Registers Act 1953. The whole Act. 6 & 7 Eliz. 2 c. 55. The Local Government Act 1958. In Schedule 8, paragraph 31(2) to (4). 6 & 7 Eliz. 2 c. 64. The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958. In Part I of Schedule 4, paragraph 16(2). 1961 c. xxviii. The City of London (Various Powers) Act 1961. Section 44. 1963 c. 33. The London Government Act 1963. In Schedule 3— (a) in Part I, paragraph 16; (b) in Part III, paragraphs 27, 31 to 33 and 35. 1964 c. 31. The Elections (Welsh Forms) Act 1964. The whole Act. 1968 c. 64. The Civil Evidence Act 1968. In the Schedule, the entry relating to the Representation of the People Act 1949. 1969 c. 15. The Representation of the People Act 1969. The whole Act. 1969 c. 48. The Post Office Act 1969. In Part II of Schedule 4, paragraph 47. 1971 c. 23. The Courts Act 1971. In Part II of Schedule 8, paragraph 30. 1971 c. 36. (N.I.). The Civil Evidence Act (Northern Ireland) 1971. In the Schedule, the entry relating to the Representation of the People Act 1949. 1972 c. 70. The Local Government Act 1972. Part III In section 243— (a) in subsection (2), the words “section 42 above or”; (b) in subsection (4), the words “section 44(1) or”. Schedule 6. 1973 c. 65. The Local Government (Scotland) Act 1973. Sections 6 to 10. In Schedule 3, paragraphs 2 to 18, and 20 to 23. 1974 c. 23. The Juries Act 1974. Section 3(3). 1975 c. 21. The Criminal Procedure (Scotland) Act 1975. In Schedule 7A, item 6. 1975 c. 24. The House of Commons Disqualification Act 1975. Section 10(1). 1976 c. 29. The Representation of the People (Armed Forces) Act 1976. The whole Act. 1976 c. 52. The Armed Forces Act 1976. In Schedule 9, paragraph 19. 1976 c. 63. The Bail Act 1976 In Schedule 2, paragraph 12. 1977 c. 9. The Representation of the People Act 1977. The whole Act. 1977 c. 14. The Returning Officers (Scotland) Act 1977. The whole Act. 1977 c. 45. The Criminal Law Act 1977. In Schedule 1, item 9. In Schedule 12, the entry relating to the Representation of the People Act 1949. 1978 c. 4. The Local Government (Scotland) Act 1978. In the Schedule, paragraph 2. 1978 c. 23. The Judicature (Northern Ireland) Act 1978. In Part II of Schedule 5, the entry relating to the Representation of the People Act 1949. 1978 c. 32. The Representation of the People Act 1978. The whole Act. 1979 c. 31. The Prosecution of Offences Act 1979. In Schedule 1, the entry relating to the Representation of the People Act 1949. 1980 c. 3. The Representation of the People Act 1980. The whole Act. 1981 c. 34. The Representation of the People Act 1981. Section 3 and the Schedule. 1982 c. 51. The Mental Health (Amendment) Act 1982 Section 62. Section 69(5). In section 70(2) the words— (a) “62 and”; (b) “and Schedule 2 to this Act”. Schedule 2.
Year and number Title Extent of revocation S.I. 1973/2095. Local Government Reorganisation (Consequential Provisions) (Northern Ireland) Order 1973. Article 2(4) to (6). S.I. 1973/2163. Northern Ireland (Modification of Enactments—No. 1) Order 1973. In Schedule 5, paragraph 15. S.I. 1974/595. Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974. Article 3(7). S.I. 1977/293. Local Authorities etc. (Miscellaneous Provision) Order 1977. Article 4(2). S.I. 1981/191. Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 1981. The whole Order. S.I. 1982/363. Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 1982. The whole Order.
For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.
may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and
gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting, or
" clerk of the authority " means in relation to the City, the town clerk of the City,
certify that the conditions contained in the bond of caution have not been fulfilled; and
it shall then be competent for the party or parties interested to register that bond, and do diligence upon it as accords of law.
may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.
corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting, or
any valuable security or other equivalent of money, and
that the election mentioned in the certificate was duly held, and
that the person named in the certificate was a candidate at the election,
makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any voter,
Where an election is ordered to be held under this section—
rules under section 36 or section 36A above relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;
no fresh nomination is necessary in the case of a candidate who remains validly nominated for that election.
An order made—
under this section may include such modifications of the provisions of— as appear to the High Court, or, as the case may be, the district council or Welsh county or county borough council, necessary or expedient for carrying the order into effect;
this Part of this Act (and the rules under section 36 or section 36A), and
the Local Government Act 1972 or the 1999 Act . . . ,
by a . . . council under subsection (4) above with respect to an election of parish or community councillors may modify the provisions of—
this Act (and the rules with respect to such elections under section 36 or section 36A); and
any other enactment relating to such elections.
In the case of a common parish council under which are grouped, by virtue of section 11(5) of the Local Government Act 1972 (grouping of parishes), parishes situated in different districts, references in subsections (4) and (6) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.
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If a municipal election in a London borough is not held on the appointed day or within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.
All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a county or county borough in Wales must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.
All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred must be repaid to them by the community council.
Before a poll is taken at an election of a councillor for any local government area in Wales the council of that area or, in the case of an election of a community councillor, the council who appointed the returning officer must, at the request of the returning officer (including any person acting as returning officer), advance to the officer such reasonable sum in respect of the officer’s expenses at the election as the officer may require.
When the day on which anything is required to be done by section 37 , section 37ZA or section 39 above ... or section 3 of the 1999 Act is a Saturday, Sunday, Christmas Eve, Christmas Day, . . . Good Friday, bank holiday or a day appointed for public thanksgiving or mourning, the requirement shall be deemed to relate to the first day thereafter which is not one of the days specified above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“UK or Islands leave” means leave under the 1971 Act to enter or remain in the United Kingdom or any of the Islands.
The proceedings at the election shall be conducted in accordance with the following Table. Timetable Proceeding Time Issue of Writ In the case of a general election, as soon as practicable after the dissolution of Parliament .... In the case of a by-election, as soon as practicable after the issue of the warrant for the writ. Publication of notice of election. In the case of a general election, not later than 4 in the afternoon on the second day after that on which the writ is received (and for these purposes the writ is to be taken to have been received on the day after the date of the dissolution of Parliament). In the case of a by-election, not later than 4 in the afternoon on the second day after that on which the writ is received (and for these purposes the writ is to be taken to have been received on the day after the date of the warrant for the writ). Delivery of nomination papers. In the case of a general election, between the hours of 10 in the morning and 4 in the afternoon on any day after the date of publication of the notice of election, but not later than the sixth day after the date of the dissolution of Parliament .... (and for these purposes the writ is to be taken to have been received on the day after the date of the warrant for the writ) In the case of a by-election, the same as in the case of a general election, except that the last day shall be a day fixed by the returning officer and shall be not earlier than the third day after the date of publication of the notice of election nor later than the seventh day after that on which the writ is received. Delivery of notices of withdrawals of candidature. Within the time for the delivery of nomination papers at the election. The making of objections to nomination papers. In the case of a general election or a by-election, during the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following; but— (a) no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of the candidate unless made at or immediately after the time of the delivery of the nomination paper; and (b) the foregoing provisions do not apply to objections made in pursuance of rule 15(2). Publication of statement of persons nominated. Polling In the case of a general election, between the hours of 7 in the morning and 10 at night on the 19th day after the last day for delivery of nomination papers. In the case of a by-election, between the hours of 7 in the morning and 10 at night on the day fixed by the returning officer, which shall not be earlier than the 17th nor later than the 19th day after the last day for delivery of nomination papers.
In computing any period of time for the purposes of the Timetable— shall be disregarded... , and any such day is not to be treated as a day for the purpose of any proceedings in the Timetable up to the completion of the poll, nor is the returning officer obliged to proceed with the counting of the votes on such a day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In relation to a general election, this rule does not apply to a day which is a bank holiday or a day appointed for public thanksgiving or mourning if the day was not fixed or appointed as such before the dissolution of Parliament. But, in relation to any proceedings commenced afresh by reason of a candidate's death, this paragraph is to be ignored. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Writs for parliamentary elections shall continue to be sealed and issued in accordance with the existing practice of the office of the Clerk of the Crown. Each writ shall be in the form in the Appendix and shall be directed to the returning officer by the title of his office as returning officer (and not by his name) and conveyed to him. Her Majesty may by Order in Council— Delivery of the writ to a person for the time being authorised by law to act as deputy for the officer who by virtue of his office is returning officer shall be as good as delivery to the returning officer. An Order in Council under this rule— The person to whom the writ is delivered shall endorse the date of receipt on the writ in the form shown in the Appendix. A draft of an Order in Council under this rule shall be laid before Parliament, and any such Order may provide for any incidental or supplemental matter.
A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the constituency and the description is authorised by a certificate— In paragraph (1) above an authorised description may be either— A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the constituency and the description is a registered description authorised by a certificate— For the purposes of paragraph (1B), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000. A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (1B) on behalf of a registered political party’s nominating officer. For the purposes of the application of this rule in relation to an election— For the purposes of paragraph (3)(a) any day falling within rule 2(1) (subject to rule 2(2A)) shall be disregarded.
A returning officer may, if he thinks fit, at any time before the publication under rule 14 above of the statement of persons nominated, correct minor errors in a nomination paper or home address form . Errors which may be corrected include— Anything done by a returning officer in pursuance of this rule must not be questioned in any proceedings other than proceedings on an election petition. A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
For an election in a constituency in England and Wales the writ shall (notwithstanding anything in rule 3 above) be conveyed to the acting returning officer if the returning officer— A notice under this rule has effect in relation to all constituencies— Where by virtue of this rule writs are conveyed to the acting returning officer paragraph (5) of rule 3 applies in relation to him as it applies in relation to a returning officer.
The returning officer shall publish notice of the election . . . , stating— and the notice shall state that forms of nomination paper may be obtained at that place and those times. The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 9 below to be made by means of the electronic transfer of funds. The notice of election shall state the date by which (except in such circumstances as may be prescribed)— must reach the registration officer in order that they may be effective for the election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Each candidate shall be nominated by a separate nomination paper, in the form in the Appendix delivered— to the returning officer at the place fixed for the purpose, but the paper may be so delivered on the candidate’s behalf by his election agent if the agent’s name and address have been previously given to the returning officer as required by section 67 of this Act or are so given at the time the paper is delivered. The nomination paper shall state the candidate’s— and the surname shall be placed first in the list of his names. If a candidate— the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a). The description, if any, must consist of either— The nomination paper must be accompanied by a form (in this Schedule referred to as the “home address form”) which states the candidate's— Provision in paragraph (1) above about delivery of the nomination paper applies also to the home address form. The home address form— In paragraph (5)(b)(i), “relevant area” means—
The nomination paper shall be subscribed by two electors as proposer and seconder, and by eight other electors as assenting to the nomination. Where a nomination paper bears the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category shall be taken into account to the exclusion of any others in that category. The nomination paper shall give the electoral number of each person subscribing it. The returning officer— but it is not necessary for a nomination to be on a form supplied by the returning officer. A person shall not subscribe more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered, but he shall not be prevented from subscribing a nomination paper by reason only of his having subscribed that of a candidate who has died or withdrawn before delivery of the first mentioned paper. In this rule “elector”— But, in this rule, “elector” does not include a person who has an anonymous entry in the register.
A person shall not be validly nominated unless his consent to nomination— subject to paragraph (2) below. If the returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a telegram (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this rule to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent shall not be required. A candidate’s consent given under this rule—
A person shall not be validly nominated unless the sum of £500 is deposited by him or on his behalf with the returning officer at the place and during the time for delivery of nomination papers. The deposit may be made either— but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom. Where the deposit is made on behalf of the candidate, the person making the deposit shall at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 of this Act or rule 6(4) above).
The returning officer shall fix the place at which nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for the making of objections to them. In Scotland the place shall be in—
Except for the purpose of delivering a nomination paper or of assisting the returning officer, and subject to paragraph (4) below, no person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless he is— but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent. Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder— shall be entitled to attend as his proposer and seconder. The right to attend conferred by this rule includes the right— any nomination paper and associated home address form . Paragraph (3) does not apply to a person mentioned in paragraph (1)(c). One other person chosen by the candidate is entitled to be present at the delivery of the candidate’s nomination, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1) above, but without any such right as is conferred by paragraph (3) above. The returning officer shall not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.
Where a nomination paper and the candidate’s consent to it and the home address form are delivered and a deposit is made in accordance with these rules, the candidate shall be deemed to stand nominated unless and until— The returning officer is entitled to hold a nomination paper invalid only on one of the following grounds— Subject to paragraph (3A), the returning officer shall give his decision on any objection to a nomination paper . If in the returning officer’s opinion a nomination paper breaks rule 6A(1) or (1B), he shall give a decision to that effect Where the returning officer decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision. The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever. Subject to paragraph (5) above nothing in this rule prevents the validity of a nomination being questioned on an election petition.
A candidate may withdraw his candidature by notice of withdrawal— Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his proposer and accompanied by a written declaration also so signed of the candidate’s absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if—
The returning officer shall prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated. The statement shall show the names, addresses and descriptions of the persons nominated as given in their nomination papers and home address forms , together with the names of the persons subscribing those papers. If a person's nomination paper gives a commonly used surname or forename in accordance with rule 6(2A), the statement shall show the person's commonly used surname or forename (as the case may be) instead of the other surname or forename. Paragraph (2A) above does not apply if the returning officer thinks— If paragraph (2B) above applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name. The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames, and, if there are two or more of them with the same surname, of their other names. In relation to a nominated person in whose case the home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains— the reference in paragraph (2) to the person's address shall be read as a reference to the information mentioned in rule 6(5)(b). In the case of a person nominated by more than one nomination paper, the returning officer shall take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select, but if the election is contested a candidate standing nominated may require the returning officer to include in the statement the names of the persons subscribing a second and third nomination. Where— the returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion. Where it is practicable to do so before the publication of the statement, the returning officer shall consult any person whose particulars are to be amended or added to under paragraph (4A). The returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (4A). Anything done by a returning officer in pursuance of paragraph (4A) must not be questioned in any proceedings other than proceedings on an election petition. A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (4A). The returning officer shall send to the Electoral Commission—
If it appears to the returning officer that any of the persons nominated might be disqualified by the Representation of the People Act 1981 he shall, as soon as practicable after the expiry of the time allowed for the delivery of nomination papers, prepare and publish a draft of the statement required under rule 14 above. The draft shall be headed “Draft statement of persons nominated” and shall omit the names of the persons subscribing the papers but shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 in the morning and 4 in the afternoon on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of nomination papers.
Where the proceedings for or in connection with nomination are on any day interrupted or obstructed by riot or open violence— and that day shall be treated for the purposes of these rules as being the last day for such delivery (subject to any further application of this rule in the event of interruption or obstruction on that day). Where proceedings are abandoned by virtue of this rule nothing—
If the statement of persons nominated shows more than one person standing nominated, a poll shall be taken in accordance with Part III of these rules. If the statement of persons nominated shows only one person standing nominated, that person shall be declared to be elected in accordance with Part IV of these rules.
In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to— shall be taken to include a reference to an Authority election.
a local government election, or
an election under the local government Act,
Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly.
The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes given to each candidate and the candidate to whom the majority of votes have been given shall be declared to have been elected.
The ballot of every voter shall consist of a ballot paper, and the persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper. Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and— If a candidate who is the subject of a party’s authorisation under rule 6A(1) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems). If a candidate who is the subject of an authorisation by two or more parties under rule 6A(1B) so requests, the ballot paper shall contain, against the candidate's particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties. A request under paragraph (2A) or (2AA) must— The order of the names in the ballot paper shall be the same as in the statement of persons nominated. The Secretary of State may in regulations—
Every ballot paper must contain an appropriate security marking (the official mark). The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same constituency. The returning officer may use a different official mark for different purposes at the same election.
No person who has voted at the election shall, in any legal proceeding to question the election or return, be required to state for whom he voted.
The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll. The use of a room in an unoccupied house for that purpose does not render a person liable to be rated or to pay any rate for the house. In Northern Ireland this rule does not apply to any school adjoining or adjacent to any church or other place of worship nor to any school connected with a nunnery or other religious establishment.
The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1). The list shall be in such form as the Secretary of State in regulations prescribes.
The Chief Electoral Officer for Northern Ireland must prepare the following lists for each polling station— For the purposes of paragraph (1)(b), “relevant provision” means— A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at the polling station to make a decision under rule 37(1B)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age). A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules (including regulations under paragraph (6))— This paragraph applies to— Regulations may make provision— Regulations under paragraph (6)(a) or (b) may impose conditions in relation to— The conditions that may be imposed by virtue of paragraph (7)(b) include conditions relating to the extent to which a person to whom a copy of a list has been supplied may— Regulations under paragraph (6) may also impose, in respect of persons to whom a copy of a list has been supplied or information has been disclosed by virtue of paragraph (8), conditions corresponding to those mentioned in paragraph (8).
Where— the returning officer must mark the list in the prescribed manner. Paragraph (1) shall not apply in relation to a vote on a tendered postal ballot paper (see rule 40ZA). For the purposes of paragraph (1) above, regulations may prescribe the circumstances in which a postal vote or a proxy postal vote (as the case may be) is or is not to be treated as having been returned. Rule 45(1B) and (2) below does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
The returning officer shall in the statement of persons nominated include a notice of the poll, stating the day on which and hours during which the poll will be taken. The returning officer shall also give public notice (which may be combined with the statement of persons nominated) of— and he shall as soon as practicable after giving such a notice give a copy of it to each of the election agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The returning officer shall, in accordance with regulations, issue to those entitled to vote by post— together with such envelopes for their return as may be prescribed. The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain— The prescribed form shall include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be). In the case of a ballot paper issued to a person resident in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement or declaration of identity is free of charge to the voter. In any other case, regulations may provide that the returning officer must so ensure.
The returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations in such manner as he thinks most convenient. One or more polling stations may be provided in the same room. the polling station allotted to electors from any polling district shall be in the polling place for that district. In a constituency in Scotland comprising the whole or any part of more local government areas than one, there shall be at least one polling station in each of those local government areas. the returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation. The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.
The returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed by or on behalf of a candidate in or about the election. The returning officer may, if he thinks fit, preside at a polling station and the provisions of these rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer. A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these rules to do at a polling station except— In paragraph (3), “the relevant paragraph of rule 37” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a list (in these rules referred to as "the absent voters list") giving the name and number on the register of every person entitled to vote at the election as an absent voter;
a list (in these rules referred to as " the list of proxies ") giving—
the names and numbers on the register of the electors for whom proxies have been appointed (omitting any of those electors who are registered as service voters and entitled to vote by post); and
the names and addresses of the persons appointed;
a list of any persons entitled to vote by post as proxy at the election.
The returning officer shall as soon as practicable after the publication of notice of the election send to electors and their proxies an official poll card. An official poll card shall not be sent to a person registered, or to be registered, in pursuance of an overseas elector's declaration. An elector’s official poll card shall be sent or delivered to his qualifying address, ... . A proxy’s official poll card shall be sent or delivered to the address which— The official poll card shall be in the prescribed form and shall set out— and different information may be provided in pursuance of sub-paragraph (d) and (e) to different electors or descriptions of elector. In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b) above the polling card shall contain such matter as is prescribed. Paragraph (6) of rule 7 above applies for the interpretation of this rule.
The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary. Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked. The returning officer shall provide each polling station with— In the case of an election held in England and Wales or Scotland, the returning officer must also provide each polling station with a prescribed form (referred to in these rules as “the ballot paper refusal list”) on which entries are to be made as mentioned in rule 40ZB (refusal to deliver ballot paper: Great Britain). The returning officer shall also provide each polling station with— In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of— A notice in the form in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station. In the case of an election held in England and Wales or Scotland, a large notice must be displayed inside each polling station containing— In every compartment of every polling station there shall be exhibited the notice “Vote for one candidate only. Put no other mark on the ballot paper, or your vote may not be counted.” The reference in paragraph (3)(c) to the copies of the registers of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of this Act in respect of alterations to the register. The reference in paragraph (3)(c) to the copies of the register of electors includes a reference to copies of any notices issued under section 13BA(9) in respect of alterations to the register. The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b). Before giving guidance under paragraph (8), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate. In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (8).
Each candidate may, before the commencement of the poll, appoint— The returning officer may limit the number of counting agents, so however that— Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate to the returning officer and shall be so given not later than the 5th day (computed like any period of time in the Timetable) before the day of the poll. If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed. . . . Any appointment authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate’s election agent, instead of by the candidate. In the following provisions of these rules references to polling and counting agents shall be taken as references to agents— Any notice required to be given to a counting agent by the returning officer may be delivered at or sent by post to the address stated in the notice of appointment. A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing. A candidate’s election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a candidate’s election agent instead of his polling agent or counting agents. Where by these rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
The returning officer shall make such arrangements as he thinks fit to ensure that— In paragraph (1)(a) “relevant voter” means a voter who is blind, has another disability, or is unable to read. In the application of this rule 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).
The presiding officer shall exclude all persons from the polling station except— The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time. Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate. A constable or person employed by a returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Act, except on production and surrender of a certificate as to his employment, which shall be in the prescribed form and signed by the prescribed officer of police or by the returning officer, as the case may be. Any certificate surrendered under this rule shall forthwith be cancelled. In the application of this rule 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).
It is the presiding officer’s duty to keep order at his polling station. If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station— and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day. Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant. The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and shall then lock it up and place his seal on it in such a manner as to prevent its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.
At the time of the application (but not afterwards), the questions specified in the second column of the following table— In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, the references in the questions at entries 1(a) and 3(a) and (b) to reading from the register must be taken as references to reading from the notice issued under section 13B(3B) or (3D). In the case of an elector in respect of whom a notice has been issued under section 13BA(9), the reference in the question at entry 1(a) to reading from the register must be taken as a reference to reading from the notice issued under section 13BA(9). In the case of an election held in England and Wales or Scotland, where a clerk— the clerk must refer the matter to the presiding officer, who must put the question to the person again. Where the presiding officer— the officer must refuse to deliver a ballot paper to the person. In the case of an election held in England and Wales or Scotland, see rule 40ZB (procedure where ballot paper is refused under this paragraph). For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if— In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D), the references to the register in paragraph (3A) above are to be read as references to the notice issued under section 13B(3B) or (3D). Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote). For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—
A person shall not be prevented from voting by reason only that—
a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or
the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.
Subject to rule 35(3) and to paragraphs (1A) to (1P), a ballot paper shall be delivered to a voter who applies for one, and immediately before delivery— A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk. The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter. Paragraph (1D) applies in relation to a voter where— Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place. The presiding officer must refuse to deliver a ballot paper to a voter where— See rule 40ZB (procedure where ballot paper is refused under this paragraph). But there is an exception from paragraph (1E) for cases within sub-paragraph (a) of that paragraph where— The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application. In this rule a “specified document”, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph (1K)), means any of the following documents (in whatever form issued to the holder) that contain a photograph of the holder— In paragraph (1H)(a) “United Kingdom passport” means a passport issued by— In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table— passes funded by the Government of the United Kingdom an Older Person’s Bus Pass a Disabled Person’s Bus Pass an Oyster 60+ card a Freedom Pass . . . . . . passes funded by the Welsh Government a 60 and Over Welsh Concessionary Travel Card a Disabled Person’s Welsh Concessionary Travel Card passes issued under the Northern Ireland Concessionary Fares Scheme a Senior SmartPass a Registered Blind SmartPass or Blind Person’s SmartPass a War Disablement SmartPass or War Disabled SmartPass a 60+ SmartPass a Half Fare SmartPass In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which— For the purposes of paragraph (1K)— A reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it (subject to paragraph (1N)). Paragraph (1M) does not apply to a document which— In this rule a “forged document” means a false document made to resemble a specified document. Regulations may make provisions varying paragraph (1H), (1I) or (1J) by— The power to make provision by virtue of paragraph (1Q)(b) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission. No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter. References in this rule to producing a document are to producing it for inspection. In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card ... In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), paragraph (1) above is modified as follows— Paragraph (1)(d) above does not apply to a voter to whom rule 38 or 39 applies. The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence. The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box. A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
Subject to paragraph (1A) below, the presiding officer, on the application of a voter— shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in manner directed by the voter, and the ballot paper to be placed in the ballot box. The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if— In paragraph (1A), “the relevant paragraphs of rule 37” means— The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called “the list of votes marked by the presiding officer”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number. In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (2) above applies as if for “on the register of electors of every voter” there were substituted relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D). In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”.
If a voter makes an application to the presiding officer to be allowed, on the ground of— to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance. Subject to paragraph (2A) below, if the presiding officer— The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if— In paragraph (2A), “the relevant paragraphs of rule 37” means— For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, ... The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number. In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of this Act, paragraph (4) above applies as if for “in the register of electors of every voter” there were substituted relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D). In the case of a person in respect of whom a notice has been issued under section 13BA(9), paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9)”. The declaration made by the companion— No fee or other payment shall be charged in respect of the declaration.
If a person, representing himself to be— applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter. Paragraph (1ZC) applies if — Paragraph (1ZC) also applies if— The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter. Paragraph (1ZE) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be— and claims that he has lost or has not received his postal ballot paper. The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter. A person to whom a ballot paper is not delivered under paragraph (3) of rule 35 following his unsatisfactory answer to the question at entry 1(c) in the table in paragraph (1) of that rule shall, if he satisfactorily answers any other questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter. The relevant paragraphs of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 37(1), subject to the modification set out in paragraph (1AA). The modification is that— the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made. In paragraph (1A), “the relevant paragraphs of rule 37” means— Paragraph (1C) below applies where , at an election held in Northern Ireland The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, nevertheless be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter. A tendered ballot paper shall— The name of the voter and his number on the register of electors shall be entered on a list (in these rules referred to as the “tendered votes list”) and the voter must sign the list opposite the entry relating to him. In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector. This rule applies to an elector who has an anonymous entry subject to the following modifications— This rule applies in the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) as if— This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) as if— A person who marks a tendered ballot paper under paragraph (1C) above shall sign the paper, unless it was marked after an application was refused under rule 38 or 39. A paper which is required to be signed under paragraph (5) above and is not so signed shall be void. This rule does not apply in relation to an elector who has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland.
A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.
Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the returning officer. Where the poll is adjourned at any polling station—
As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals— and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval. The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll. The packets shall be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers. This rule applies in relation to Northern Ireland as if—
Subject to paragraphs (1A) to (1G) below, a ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the number, and name of the elector as stated in the copy of the register of electors shall be called out;
the number of the elector shall be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him;
a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received; and
in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.
In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9), paragraph (1) is modified as follows—
in sub-paragraph (b), for “copy of the register of electors” substitute copy of the notice issued under section 13BA(9);
in sub-paragraph (d), for “in the register of electors” substitute on the copy of the notice issued under section 13BA(9).
A ballot paper shall not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.
The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.
Where a voter produces a specified document, the presiding officer or clerk to whom it is produced shall deliver a ballot paper to the voter unless —
the officer or clerk decides that— raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or
the document, or
the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (1DC)),
the officer or clerk reasonably suspects that the document is a forged document (see paragraph (1EA)).
Where in such a case it is a presiding officer who so decides or reasonably suspects (as the case may be) , he shall refuse to deliver a ballot paper to the voter (subject to paragraph (1DA)).
Where in such a case it is a clerk who so decides or reasonably suspects (as the case may be), he shall refer the matter and produce the document to the presiding officer, who shall proceed as if it had been to him that the voter had presented himself and produced the document in the first place.
There is an exception from paragraph (1C) for cases within sub-paragraph (a) of paragraph (1B) where—
a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and
the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.
The refusal to deliver a ballot paper under paragraph (1C) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1DA) apply on any further application.
For the purposes of paragraph (1B)(a)(ii), “relevant provision” means—
where the voter is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act, and
where the voter is registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.
For the purposes of this rule a specified document is a document (in whatever form issued to the holder and regardless of any expiry date) which for the time being falls within the following list:— In sub-paragraph (a) a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972 or Part 3 of the Road Traffic Act 1988 ... or under ... the Road Traffic (Northern Ireland) Order 1981 or any corresponding enactment for the time being in force and includes a Community licence within the meaning of those enactments.
a ... licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;
a ... passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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an electoral identity card issued under section 13C of this Act;
a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
a Registered Blind SmartPass or Blind Person’s SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
a War Disablement SmartPass or War Disabled SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;
a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008;
a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;
a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.
In this rule a “forged document” means a false document made to resemble a specified document.
Regulations may make provision varying the list in paragraph (1E) above (whether by adding or deleting documents or varying any description of document).
No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.
References in this rule to producing a document are to producing it for inspection.
The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.
The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
This rule applies to a person (“P”) who— and who claims to have lost, or not received, a postal ballot paper. P may apply to the Chief Electoral Officer for a replacement postal ballot paper (in these rules referred to as a “tendered postal ballot paper”). The application— If the Chief Electoral Officer— the Chief Electoral Officer must issue a tendered postal ballot paper to P in the prescribed manner. A tendered postal ballot paper must be of a different colour from the other ballot papers. P, if issued with a tendered postal ballot paper, may mark it, sign it, and send it to the Chief Electoral Officer, in the same manner as a postal ballot paper. A tendered postal ballot paper which has not been signed, or which does not meet the conditions in rule 45(2) and (2A), is void. On receipt of a tendered postal ballot paper, the Chief Electoral Officer must deal with it in the prescribed manner. The Chief Electoral Officer must— The Chief Electoral Officer must add the entry in the register of the elector in question to a list (in these rules referred to as the “tendered postal votes list”). The Chief Electoral Officer must seal the packet of tendered postal ballot papers. This rule applies in the case of a person in respect of whom a notice has been issued under section 13BA(9) (alteration of registers in Northern Ireland: pending elections) as if—
This rule applies in relation to an election held in England and Wales or Scotland. Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list— Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list— Paragraphs (5) and (6) apply where— If a ballot paper is delivered to the voter following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list. If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list. Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter). For the purposes of paragraph (2)(a), a person’s “electoral number” is the number— Subject to rule 37(1G) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever. A refusal to deliver a ballot paper to a voter is subject to review on an election petition. In this rule—
This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38, 39 or 40). The refusal shall be subject to review on an election petition but, subject to that and to rule 37(1DB), shall be final and shall not be questioned in any proceeding whatsoever.
This rule applies in relation to an election held in England and Wales or Scotland if— A presiding officer must— Where the prescribed information relates to an election held in England and Wales— Where the prescribed information relates to an election held in Scotland, the returning officer must deal with it as required by paragraph (5). The relevant registration officer or (as the case may be) the returning officer must— The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (5) information”. The relevant registration officer or (as the case may be) the returning officer must provide the paragraph (5) information— The relevant registration officer or (as the case may be) the returning officer must not disclose the paragraph (5) information otherwise than in accordance with paragraph (6). The relevant registration officer or (as the case may be) the returning officer must retain the information anonymised in accordance with paragraph (5)(a) for at least 10 years. For the purposes of paragraph (5)(a), a person’s “electoral number” is the number— Except as provided by paragraph (11), a disclosure of information under this rule does not breach— Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account). In this rule—
The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of this Act which takes effect on the day of the poll.
The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) which takes effect on the day of the poll.
The returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes. No person other than— may be present at the counting of the votes, unless permitted by the returning officer to attend. A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless he— The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them. In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted. In making arrangements under this rule, the returning officer shall have regard to the duty imposed on him by rule 45(3A) below.
The returning officer shall— The returning officer shall not count the votes given on any ballot papers until— A postal ballot paper shall not, in England, Wales or Scotland, be taken to be duly returned unless— A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (1B) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it. A postal ballot paper shall not , in Northern Ireland, be deemed to be duly returned unless In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of this Act or section 6(1ZA) or 7(1ZA) of the Representation of the People Act 1985 applies, the declaration of identity referred to in paragraph (2) shall be taken not to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature pursuant to section 6(1)(bb) or (bba)(i) or 7(1)(bb) or (bba)(i) of the Representation of the People Act 1985. The returning officer shall not count any tendered ballot paper or any tendered postal ballot paper. The returning officer shall take reasonable steps to begin counting the votes given on the ballot papers as soon as practicable within the period of four hours starting with the close of the poll. The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers. The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list and tendered postal votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list and tendered postal votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy. The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 7 in the evening and 9 on the following morning. For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents. During the time so excluded the returning officer shall— The Electoral Commission shall issue guidance to returning officers on the duty imposed by paragraph (3A) above.
the postal voting statement also states the date of birth of the elector or proxy (as the case may be), ...
in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed, the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be) and
where regulations contain provision made by virtue of paragraph 12ZA of Schedule 2 (handing in postal voting documents), the postal ballot paper is not one that falls to be rejected in accordance with that provision.
A candidate or his election agent may, if present when the counting or any recount of the votes is completed, require the returning officer to have the votes recounted or again recounted but the returning officer may refuse to do so if in his opinion the request is unreasonable. No step shall be taken on the completion of the counting or any recount of votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
Any ballot paper— shall, subject to the provisions of the next following paragraph, be void and not counted. A ballot paper on which the vote is marked— shall not for such reason be deemed to be void if an intention that the vote shall be for one or other of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it. The returning officer shall endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if an objection is made by a counting agent to his decision. The returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of—
The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.
Where, after the counting of the votes (including any recount) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
In a contested election, when the result of the poll has been ascertained, the returning officer shall forthwith— In an uncontested election, the statement of persons nominated, in addition to showing the person standing nominated, shall also declare that person elected, and the returning officer shall forthwith return his name to the Clerk of the Crown.
The returning officer shall return the name of the member elected by endorsing on the writ a certificate in the form in the Appendix. Any rule of law or enactment as to the effect of, or manner of dealing with, the return of a member to serve in Parliament applies to the certificate. The returning officer may, on receiving a receipt, deliver the writ with the certificate endorsed on it to an official designated for that purpose by a universal postal service provider who is providing a universal postal service (within the meaning of Part 3 of the Postal Services Act 2011) for the area in which the election is being held or to his deputy, provided that the official or deputy is at that time within the area concerned.. The designated official or his deputy shall send the writ so endorsed by the first post, free of charge, under cover to the Clerk of the Crown with the words “Election Writ and Return” endorsed on it. Any reference in the foregoing provisions of this Part of these rules to the Clerk of the Crown shall be taken, in relation to an election for a constituency in Northern Ireland, as a reference to the Clerk of the Crown for Northern Ireland, but any writ returned to the Clerk of the Crown for Northern Ireland shall be transmitted by him to the Clerk of the Crown in England and the return shall be certified to the House of Commons in the same manner as returns for elections for constituencies in Great Britain. A copy of each writ returned to the Clerk of the Crown for Northern Ireland and of the certificate endorsed on it shall be attested by the Secretary of State, shall be kept in the office of the Clerk of the Crown for Northern Ireland and may be given in evidence if the originals are lost.
The Clerk of the Crown shall from the certificate on each writ returned to him enter the name of the member returned in a book to be kept by him at the Crown Office. The Clerk of the Crown shall also enter in the book any alteration or amendment made by him in the certificate endorsed on any writ. The book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, take copies from the book.
The deposit made under rule 9 of these rules shall either be returned to the person making it or his personal representatives or be forfeited to Her Majesty. Except in the cases mentioned below in this rule, the deposit shall be returned not later than the next day after that on which the result of the election is declared. For the purposes of paragraph (2) above— If the candidate is not shown as standing nominated in the statement of persons nominated, or if the poll is countermanded or abandoned by reason of his death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be. Subject to paragraph (3) above the deposit shall be forfeited if a poll is taken and, after the counting of the votes by the returning officer (including any recount) is completed, the candidate is found not to have polled more than one twentieth of the total number of votes polled by all the candidates. Notwithstanding anything in paragraphs (2) to (4) above, if at a general election a candidate is shown as standing nominated in more than one constituency in the statements of persons nominated, not more than one of the deposits shall be returned and, if necessary, the Treasury shall direct which it is to be.
In a contested election, if the counting of the votes given on the ballot papers did not begin within the period specified in rule 45(3A) above, the returning officer shall before the expiry of the period of 30 days starting with the day on which the poll closed— The statement must— Where a statement is delivered to the Electoral Commission under paragraph (1)(b) above, the Commission shall specify in any election report they produce that a statement has been delivered to them under that paragraph in respect of the constituency to which the statement relates. In paragraph (3) above “election report” means a report under section 5(1) or (2A) of the Political Parties, Elections and Referendums Act 2000 in relation to the parliamentary election in question.
On the completion of the counting at a contested election the returning officer shall seal up in separate packets the counted and rejected ballot papers. The returning officer shall not open the sealed packets of— This rule applies in relation to Northern Ireland as if the reference in paragraph (2)(d) to section 13B(3B) or (3D) were a reference to section 13BA(9).
The returning officer shall destroy each candidate's home address form—
on the next working day following the 21st day after the officer has returned the name of the member elected; or
if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.
The Chief Electoral Officer for Northern Ireland must destroy the lists provided to the polling station under rule 29(3)(f)—
on the next working day following the 21st day after the Chief Electoral Officer has returned the name of the member elected, or
if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.
The returning officer shall then forward to the relevant registration officer the following documents— endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the constituency for which the election was held. In this rule and in rules 56 and 57 references to the relevant registration officer are to— Paragraph (1)(e) does not apply to an election for a constituency in Northern Ireland, but the returning officer shall endorse on each packet containing— a description of its contents, the date of the election to which it relates and the name of the constituency for which the election was held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This rule applies in relation to Northern Ireland as if—
An order— may be made by the High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to an election in England and Wales or Scotland. An order for the opening of a sealed packet of the completed corresponding number lists or of certificates or for the inspection of any counted ballot papers in the relevant registration officer's custody may be made by an election court. An appeal lies to the High Court from any order of the county court under this rule. Any power given under this rule— Where an order is made for the production by the relevant registration officer of any document in his possession relating to any specified election— The production from proper custody of— shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b). Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or to open any sealed packets of the completed corresponding number lists or of certificates.
The relevant registration officer shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons , the High Court, the Crown Court or a magistrates' court , shall cause them to be destroyed. The documents mentioned in paragraphs (1) and (1A) except— shall be open to public inspection. The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations. Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list— Regulations may impose conditions in relation to— Regulations may also make provision— Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to— Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may— Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—
The relevant registration officer shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.
The Chief Electoral Officer for Northern Ireland shall retain for a year the documents mentioned in rule 55(1B), and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.
The documents mentioned in paragraphs (1) and (1A) except— shall be open to public inspection.
ballot papers,
the completed corresponding number lists,
certificates as to employment on duty on the day of the poll,
The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.
Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—
a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;
a person who was a candidate at the election in relation to the constituency for which he was a candidate.
Regulations may impose conditions in relation to—
the inspection of any document in pursuance of paragraph (2);
the supply of any document or part of a document in pursuance of paragraph (3);
the supply of any document or part of a document in pursuance of paragraph (4).
Regulations may also make provision—
as to the form in which any such document or part is supplied;
for the payment of a fee in respect of the supply of a document or part.
Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—
whether a person may take any copy of a document he is permitted to inspect;
the manner in which any such copy is to be taken;
the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.
Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—
supply that document or part to any other person;
disclose to any other person any information contained in the document or part;
use any such information for a purpose other than that for which the document or part was supplied to him.
Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—
which was supplied to another person in pursuance of paragraph (4), or
otherwise than in accordance with regulations under this section.
This rule modifies rules 55 to 57 in relation to elections in Scotland. In relation to such elections—
be kept by the sheriff clerk of the sheriff court district comprising the constituency, or
if the constituency comprises the whole or part of more sheriff court districts than one, the sheriff clerk of such one of those sheriff court districts as the Secretary of State may by order appoint,
In the application of rules 55 to 57 to elections for a constituency in Northern Ireland, the references to the relevant registration officer shall be taken to be references to the Clerk of the Crown for Northern Ireland.
Regulations may make provision about the circumstances in which a registration officer may open the sealed packet containing a completed ballot paper refusal list and inspect the list. Regulations may impose conditions in relation to the opening of a sealed packet or the inspection of a list by virtue of paragraph (1). Regulations may make provision about the disclosure by a registration officer of information contained in the ballot paper refusal list.
This rule applies if at a contested election proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died. Subject to this rule and rules 61 and 62, these rules apply to the election as if the candidate had not died. The following provisions of these rules do not apply in relation to the deceased candidate— If only two persons are shown as standing nominated in the statement of persons nominated the returning officer must— For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6A(1) or (1B).
This rule applies if at an election mentioned in rule 60(1) the majority of votes is given to the deceased candidate. Rule 50(1) (declaration of result) does not apply but the returning officer must— Rule 53 (return or forfeiture of candidate's deposit) does not apply in relation to the remaining candidates. The returning officer must not return the writ and the proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule. The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 60(1). No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated, and no other nomination may be made. The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received. Rule 9 (deposit) does not apply. The poll must be held on a day in the period which starts 21 working days after the day on which the writ is taken to have been received and ends 27 working days after that day. For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).
In an election mentioned in rule 60(1), if— the deceased candidate must be ignored.
rule 49 applies (equality of votes), and
any of the candidates to whom that rule applies is a deceased candidate,
This rule applies if— The returning officer must— The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule. The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer. No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated. No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing. The last day on which a nomination mentioned in paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received. The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received. The poll must be held on a day in the period which starts 21 working days after the day on which the writ is taken to have been received and ends 27 working days after that day. For the purposes of this rule—
This rule applies if at a contested election— The returning officer must— The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule. The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer. The last day on which— may be delivered is the seventh working day after the day on which the writ is taken to be received. The poll must be held on a day in the period which starts 21 working days after the day on which the writ is taken to have been received and ends 27 working days after that day. For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).
This rule applies to— The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll. The returning officer must dispose of ballot papers and other documents in his possession as is he required to do on the completion of the counting of the votes. It is not necessary for a ballot paper account to be prepared or verified. No step or further step is to be taken for the counting of the ballot papers or of the votes. The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets. The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9). Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers. No order is to be made for— unless the order is made by a court with reference to a prosecution.
Where under subsection (1) above the day of election is postponed, the day to which it is postponed shall be treated for the purposes of this Act and the Local Government Act 1972 and (in the case of an Authority election) the 1999 Act as the day of election.
In computing any period of time for the purpose of any rules under section 36 or section 36A above or for the purposes of section 39 any day specified in subsection (1) shall be disregarded; but where between the giving of a notice of election and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such rules, shall not operate to invalidate any act which would have been valid apart from that provision. This subsection, so far as it relates to any such rules, has effect subject to the provisions of those rules.
In every year the ordinary day of election of councillors is the same for all local government areas in Wales ... and unless subsection (2) applies or an order under subsection (1A) provides otherwise, is—
the first Thursday in May;
such other day as may be fixed by the Welsh Ministers by order ....
The Welsh Ministers may by order fix a different day to the one specified in or fixed under subsection (1) as the ordinary day of election of—
councillors for one or more counties or county boroughs in Wales, or
community councillors for one or more communities in Wales.
An order under subsection (1) or (1A) may fix a day for one or more years.
The ordinary day of election of councillors is not the day specified in or fixed under subsection (1) or fixed under subsection (1A) if that day is the day of the poll at an ordinary general election of members of the National Assembly for Wales.
Where under subsection (2) the ordinary day of election of councillors is not the day specified in or fixed under subsection (1) or fixed under subsection (1A), it is such other day as the Welsh Ministers may by order specify.
The power to make an order under subsection (1)(b) or (3) is exercisable by statutory instrument.
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
Before making an order under this section, the Welsh Ministers must consult—
each council affected by the order,
any bodies appearing to the Welsh Ministers to represent the interests of the councils affected by the order, and
such other persons as the Welsh Ministers consider appropriate.
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Every local authority in Scotland shall appoint an officer of the authority to be the returning officer for each election of councillors for the authority, and if the person so appointed dies, resigns or is for any other reason unable to act, the authority may appoint another person to be returning officer at that election.
A returning officer in Scotland appointed under this Act may by writing under his hand appoint one or more persons to discharge all or any of his functions.
A local government election in Scotland is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
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consents to be nominated as a candidate;
if elected, will accept office as a councillor and will faithfully perform the duties of the office;
has attained the age of 21 years and is a Commonwealth citizen or citizen of the Republic of Ireland and not subject to any legal incapacity, and
is not subject to any of the disqualifications for office set out in section 31 of the Local Government (Scotland) Act 1973 (disqualifications for office as local authority member).
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All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.
Before a poll is taken at an election for a councillor for a local government area in Scotland, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.
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made by statutory instrument;
subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to subsection (1AA), in every year in which ordinary elections of councillors for local government areas in Scotland are held, the day on which the poll is held at an election is—
the first Thursday in May; or
such other day as may be fixed by the Secretary of State by order made by statutory instrument not later than 1st February in the year preceding the year or, in the case of an order affecting more than one year, the first year in which the order is to take effect.
Where— is a Saturday Sunday, Christmas Eve Christmas Day, New Year’s Day, Maundy Thursday Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act or by the Local Government etc. (Scotland) Act 1994, in reckoning a number of days for the purposes of this Part of this Act in so far as it relates to the conduct of local government elections in Scotland, the days before specified shall not be excluded.
the day or the last day on which anything is required or permitted to be done by any rules under section 42 above, or
the day on which anything is required to be done under subsection (1) or (1B) above . . . or section 43A, 43B or 45(1),
An order made under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where the day on which the poll is held at an election is postponed under subsection (2) above, the day on which the election is held shall be treated as the day of poll for all purposes of this Act or that Act of 1994 relating to that election.
The poll shall not be held on the day specified in or fixed under subsection (1) where that day is the day of the poll at an ordinary general election for membership of the Scottish Parliament.
Where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in subsection (3) above affects the validity of any act done in relation to an election before or on the date of the declaration.
Where subsection (1AA) prevents the poll being held on the day specified in or fixed under subsection (1), the poll is to be held on such other day as the Scottish Ministers may by order specify.
An order under subsection (1AB) is subject to the affirmative procedure.
Despite subsection (1) above— the Scottish Ministers may, by order, provide that the poll at the ordinary local election to be held that year shall be held on that day;
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if an extraordinary general election is, under section 3(2) of the Scotland Act 1998 (c. 46) (“the 1998 Act”) (which enables the holding of such an election), to be held on a day occurring within the relevant period,
In subsection (1B) above— and references to the time when a local election falls or does not fall to be held are to be construed in accordance with section 5(1C) of the 1994 Act.
An order under subsection (1B) above shall be made by statutory instrument.
If at a contested election of a councillor for a local authority in Scotland proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died, then the returning officer—
shall countermand the poll, or
if polling has begun, shall direct that the poll be abandoned.
The returning officer for the election which by reason of such countermanding or abandonment has not been duly held or has failed—
shall order an election to be held as soon as practicable after that, on a date to be fixed by him; and
shall remain the returning officer for that election.
At any such election, no fresh nomination is necessary in the case of a candidate who remained validly nominated for the election in respect of which the poll was countermanded or abandoned.
Despite section 43(1), if the convener of the Electoral Management Board for Scotland considers it necessary or appropriate for any reason to do so, the convener may fix another day for the holding of the poll at the ordinary local election which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.
Before fixing a day under subsection (1), the convener must consult—
the Electoral Commission,
the Scottish Ministers, and
the Secretary of State.
As soon as reasonably practicable after fixing a day under subsection (1), the convener must publish, in such manner as the convener considers appropriate, a statement setting out—
the day fixed for the holding of the poll, and
the reasons for the exercise of the power.
Where a day for the holding of the poll at the ordinary local election is specified by order under section 43(1)(b), (1AB) or (1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order.
In this section and section 43B, “ordinary local election” has the meaning given in section 43(1C).
If in Scotland— the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable after that, on a date to be fixed by him.
there is for any reason no legally constituted local authority for any area, or
for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act and the Local Government (Scotland) Act 1973, and the case is not otherwise provided for, or
the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to that Act of 1973 (meetings and proceedings of local authorities).
The Secretary of State may in that direction—
make such provision as appears to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above; and
make such incidental, consequential, transitional or supplemental provision as appears to him to be necessary or proper.
Despite section 43(1), if the returning officer for a local government area considers it necessary or appropriate for any reason to do so, the returning officer may fix another day for the holding of the poll at the ordinary local election for the election of councillors of that area which is not more than 4 weeks later than the first Thursday in May in the year in which the election is to be held.
Before fixing a day under subsection (1), the returning officer must consult—
the Secretary of State,
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after fixing a day under subsection (1), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
the day fixed for the holding of the poll, and
the reasons for the exercise of the power.
Where a day for the holding of the poll at the ordinary local election is— subsection (1) applies as if the reference to the first Thursday in May were a reference to the day specified in the order or (as the case may be) the day fixed by the convener.
specified by order under section 43(1)(b), (1AB) or (1B), or
fixed by the convener of the Electoral Management Board for Scotland under section 43A(1),
At a local government election for any electoral area no person shall as an elector and no person shall as proxy for any one elector—
give more than one vote for any one candidate; or
give more votes in all than the total number of councillors to be elected for the electoral area in England.
No person is subject to any incapacity to vote at a local government election in England by reason of his being or acting as returning officer at that election.
Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament, may, on request, be lent to the returning officer at a local government election on such terms and conditions as the Electoral Commission may determine.
Any ballot boxes, fittings and compartments provided by or belonging to— as the case may be, shall, on request, and if not required for immediate use by that authority, be lent to the returning officer at an election held under those Acts . . . on such terms and conditions as may be agreed.
a local authority within the meaning of the Local Government Act 1972, or
a local authority within the meaning of the Local Government (Scotland) Act 1973.
No local government election shall be declared invalid by reason of any act or omission of the returning officer or any other person in breach of his official duty in connection with the election or otherwise of rules under section 36 , section 36A or section 42 above if it appears to the tribunal having cognizance of the question that—
the election was so conducted as to be substantially in accordance with the law as to elections; and
the act or omission did not affect its result.
A local government election, unless questioned by an election petition within the period fixed by law for those proceedings, shall be deemed to have been to all intents a good and valid election.
The council which is required to pay the expenses properly incurred by a returning officer in relation to any local government election may treat those expenses as including all costs properly incurred by the returning officer in connection with or in contemplation of any legal proceedings arising out of the election (including any criminal proceedings against the returning officer), whether or not the proceedings are in fact instituted.
In Scotland the election of a member of a local authority shall not be affected by reason only of any nullity or irregularity in the election of any other member of the authority.
In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.
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whether or not a person registered in it was on the qualifying date resident at the address shown;
whether or not that address is in any constituency or any particular part of a constituency ;
whether or not a person registered as an elector in a constituency in Northern Ireland was during the whole of the period of three months ending on the qualifying date resident in Northern Ireland ;
whether or not a person registered in it is registered as a service voter.
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whether or not a person registered in it was on the qualifying date resident at the address shown;
whether or not that address is in any local government area or any particular part of a local government area ;
whether or not a person registered in it is registered as a service voter.
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whether or not a person's right to vote at the election is exercisable by post;
whether or not there is in force an appointment of a proxy to vote for any person and (if so) who is appointed.
Any entry in the register of parliamentary or local government electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of an election at which the day fixed for the poll is that or a later date.
A person registered as a parliamentary or local government elector, or entered in the list of proxies, shall not be excluded from voting on any of the following grounds: but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting. The grounds are—
“the Islands” means the Channel Islands and the Isle of Man;
that he is not of voting age;
when, in the opinion of the election court, the petition is frivolous and vexatious, by the petitioner;
in the case of a parliamentary election petition, such amount not exceeding £5,000 as the High Court or a judge of the High Court, directs on an application made by the petitioner; and
in Part I, sections . . . , 60 , 62A and 66,
that he is not or was not at any particular time—
a Commonwealth citizen;
a citizen of the Republic of Ireland;
in the case of a person registered as a parliamentary elector in pursuance of an overseas elector’s declaration, a British citizen;
in the case of a person registered as a local government elector in England or entered in the list of proxies by virtue of being a qualifying EU citizen or an EU citizen with retained rights, a qualifying EU citizen or an EU citizen with retained rights;
in the case of a person registered as a local government elector in Wales or entered in the list of proxies by virtue of being a relevant citizen of the Union, a relevant citizen of the Union;
in the case of a person registered as a local government elector in Wales or entered in the list of proxies by virtue of being a qualifying foreign citizen, a qualifying foreign citizen,
in the case of a person registered as a local government elector in Scotland or entered in the list of proxies by virtue of being a qualifying foreign national, a qualifying foreign national,
when, in the opinion of the election court, the respondent has been personally guilty of corrupt practices at the election, by that respondent.
in the case of a petition questioning an election under the local government Act, such amount not exceeding £2,500 as the High Court, or a judge of the High Court, directs on an application made by the petitioner,
Parts II and III,
that he is or was at any particular time otherwise subject to any other legal incapacity to vote.
in this Part, section 189,
in the case of an election of the London members of the London Assembly at an ordinary election, of otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party or the extent or nature of that party’s backing or disparaging any other registered political party.
Subsection (4) applies to an entry in the record of anonymous entries as it applies to an entry in the register of parliamentary or local government electors.
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No misnomer or inaccurate description of any person or place named— affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.
in the register of parliamentary electors, or
in the register of local government electors, or
in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Part of this Act, and the parliamentary elections rules,
The registration officer shall in each year make out a corrupt and illegal practices list containing—
the names and descriptions of the persons who, though otherwise qualified to be registered in the register of parliamentary electors for each constituency or part of a constituency for which he acts, are not so qualified by reason of having been convicted or reported guilty of a corrupt or illegal practice ; and
a statement of the offence of which each person has been found guilty.
The proper officer of the authority of each local government area shall in each year make out a corrupt and illegal practices list containing—
the names and descriptions of the persons, who, though otherwise qualified to be registered in the register of local government electors for the area for which he acts, are not so qualified by reason of having been convicted or reported guilty of a corrupt or illegal practice; and
a statement of the offence of which each person has been found guilty.
A registration officer shall comply with any general or special directions which may be given by the Secretary of State with respect to the arrangements to be made by the registration officer for carrying out his functions under this Act.
Any of the duties and powers of a registration officer may be performed and exercised by any deputy for the time being approved . . . , by the council which appointed the registration officer, and the provisions of this Act apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.
Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify—
the software which is to be used in connection with the maintenance of the registers in that form;
the standards in accordance with which that software is to be maintained and updated;
how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form.
In England and Wales, any acts authorised or required to be done by or with respect to the registration officer may, in the event of his incapacity to act or of a vacancy, be done by the proper officer of the council by or with respect to whom the registration officer was appointed.
It shall be the duty— to assign such officers to assist the registration officer as may be required for carrying out his functions under this Act.
in England . . ., of a district council or London borough council,
in Wales, of a county or county borough council, and
in Scotland, of every local authority,
Subsection (2) above does not apply in Northern Ireland but sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer for Northern Ireland in his capacity as registration officer.
Provision may be made by regulations—
with respect to the form of the register of electors and of . . . any special lists or records required by this Act in connection with the register or with any election;
with respect to—
the procedure to be followed in the preparation of the register and the place and manner of its publication, and
the procedure to be followed in the preparation of any such special lists or records, and the time, place and manner of their publication; ...
generally with respect to any matters incidental to the provisions of this Act so far as those provisions relate to the registration of electors or to voting by post or proxy.
with respect to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections; and
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Without prejudice to the generality of subsection (1) above, regulations made with respect to the matters mentioned in that subsection may contain any such provisions as are mentioned in Schedule 2 to this Act.
Provision may also be made by regulations—
for the supply of any such record or special list as is mentioned in subsection (1) above to such persons as are prescribed;
with respect to any conditions subject to which the supply is made;
making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale) for a person to fail to comply with any such condition.
Before making regulations containing provision under paragraph 1A of Schedule 2, or paragraph 13(1ZB) of that Schedule so far as relating to that paragraph, the Secretary of State must consult—
the Electoral Commission,
the Information Commissioner, and
any other person the Secretary of State thinks appropriate.
The Secretary of State may require the Electoral Commission to—
prepare a report on specified matters relating to the operation of any provision made under paragraph 1A of Schedule 2, and
give the Secretary of State a copy of the report by no later than a specified date.
The Secretary of State must publish a copy of the report.
A registration officer ... must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under subsection (6).
The power to make regulations under this section—
so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister, and
so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister.
The power of the Scottish Ministers to make regulations by virtue of subsection (9) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—
the power is not exercisable without the agreement of a Minister of the Crown, and
regulations made in exercise of the power are subject to the negative procedure.
The power of the Welsh Ministers to make regulations by virtue of subsection (9) is not exercisable without the agreement of a Minister of the Crown.
A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (9) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In subsection (9)—
Any expenses properly incurred by a registration officer in the performance of his functions under this Act or the Electoral Registration and Administration Act 2013 (in this Act referred to as “registration expenses”) shall (except in Northern Ireland) be paid by the local authority by whom the registration officer was appointed.
The registration expenses of the Chief Electoral Officer for Northern Ireland shall be paid out of moneys provided by Parliament.
Any fees paid to the registration officer under this Act—
shall be accounted for by him and paid to the local authority by whom he was appointed;
in the case of the Chief Electoral Officer for Northern Ireland, shall be accounted for by him to the Secretary of State and paid into the Consolidated Fund.
On the request of a registration officer for an advance on account of registration expenses—
the local authority by whom the registration officer was appointed may, if they think fit, make such an advance to him of such an amount and subject to such conditions as they may approve; or
in the case of the Chief Electoral Officer for Northern Ireland, the Secretary of State may, if he thinks fit, make such an advance to him of such an amount and subject to such conditions as the Secretary of State may approve.
Any registration expenses or contributions to them paid by the Common Council shall be paid out of the general rate and any sums paid to the Common Council under this section shall be placed to the credit of that rate.
The registration expenses payable to a registration officer—
include all proper and reasonable charges for his own personal remuneration for performing his registration duties and for the remuneration and expenses of any staff provided by a local authority to enable him to perform them; but
do not include any sum on account of the use of premises, furniture or equipment provided by a local authority in excess of the amount by which that authority's expenditure has been actually and directly increased by the use of those premises or of that furniture or equipment in connection with registration.
The Secretary of State may frame a scale of registration expenses applicable to all or any class or classes of those expenses, and may alter the scale as and when he thinks fit, and any expenses incurred by a registration officer of a class to which the scale is applicable—
shall be taken to be properly incurred if they do not exceed the maximum amount determined by or in accordance with the scale ; and
shall be taken not to have been properly incurred so far as they do exceed that amount, unless the sanction (whether previous or not) of the Secretary of State and of the local authority is specially given for the excess.
Nothing in paragraph (a) of subsection (2) above shall be construed as entitling a registration officer to receive payments in excess of the expenses actually incurred by him, except his proper and reasonable charges for his own personal remuneration.
If any question arises whether any expenses incurred by a registration officer of a class to which no scale framed under this section is applicable have been properly incurred or not, that question shall be referred to the Secretary of State, and his decision on the question shall be final.
This section does not apply to Northern Ireland.
An appeal lies to the county court— but an appeal does not lie where the person desiring to appeal has not availed himself of a prescribed right to be heard by or make representations to the registration officer on the matter which is the subject of the appeal, or has not given the prescribed notice of appeal within the prescribed time.
from any decision of a registration officer not to register a person following an application under section 10ZC,
from any decision under this Act of the registration officer disallowing a person’s application to vote by proxy or by post as elector or to vote by post as proxy, in any case where the application is not made for a particular election only,
from any decision of a registration officer to register a person following an application under section 10ZC in a case where an objection has been made under that section,
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from any decision of a registration officer not to alter a register following an application under section 10ZD,
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from any decision of a registration officer to alter a register following an application under section 10ZD in a case where an objection has been made under that section,
from any decision of a registration officer under section 10ZE, or any other provision of this Act, as a result of which a person's entitlement to remain registered terminates,
from any decision of a registration officer not to make a determination under section 10ZE(1) following an objection under section 10ZE(5)(a),
from a determination of the registration officer under section 9B(2) above,
from a determination of a registration officer not to issue—
an electoral identity document following an application under section 13BD, or
an anonymous elector’s document following an application under section 13BE,
No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this section.
An appeal to the county court or Court of Appeal by virtue of this section which is pending when notice of an election is given shall not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.
Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this section, and the registration officer shall, in accordance with sections 13A, 13AB, 13B and 13BC above,make such alterations in the . . . register as may be required to give effect to the decision.
The registration officer shall undertake such duties in connection with appeals brought by virtue of this section as may be prescribed and shall on any such appeal be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this subsection.
Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) or 13BC(3) or (6) above on or before the date of the poll, subsection (3) above does not apply to that appeal as respects that election.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 56 above applies to Scotland subject to the following modifications—
subsection (2) shall be omitted;
an appeal lies on any point of law from any decision of the sheriff under this section to the court of three judges constituted under subsection (2) below; and
for any reference to the Court of Appeal there shall be substituted a reference to that court of three judges.
The court for hearing appeals under paragraph (b) of subsection (1) above shall consist of three judges of the Court of Session who shall be appointed by the Court of Session by act of sederunt and of whom one judge shall be appointed from each division of the Inner House and one from the Lords Ordinary in the Outer House; and the Principal Clerk of Session shall be the clerk of the court.
The Court of Session may by act of sederunt fill any vacancy in the court of three judges, and regulate its sittings and forms of process so as to carry out the provisions of this Act; and acts of sederunt under this section may be made, and the court of three judges may sit, either during the sitting of the Court of Session or in vacation or recess.
any decision of a county court upon a point of law under section 56(1) shall be appealable in the same way and subject to the same provisions as a corresponding decision under the law relating to the registration of electors for elections of members to sit in the Northern Ireland Assembly and the reference in subsection (3) of that section to the Court of Appeal shall be construed accordingly ; and
An appeal lies to the county court—
from any decision under this Act of the Chief Electoral Officer for Northern Ireland on any application for registration or objection to a person's registration made to and considered by him;
from any decision under this Act of the Chief Electoral Officer (other than on an application for registration or objection to a person's registration) that a person registered in respect of any address was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4;
from a determination of the Chief Electoral Officer under section 9B(2) or section 9C(1B);
from a determination of the Chief Electoral Officer not to issue an electoral identity card following an application under section 13C;
from any decision under this Act of the Chief Electoral Officer disallowing a person's application to vote by proxy or by post as elector or to vote by post as proxy, in any case where the application is not made for a particular election only.
any power to make rules of court with respect to appeals under that law applies to appeals under this section.
But an appeal does not lie where the person desiring to appeal—
has not availed himself of a prescribed right to be heard by or make representations to the Chief Electoral Officer on the matter which is the subject of the appeal, or
has not given the prescribed notice of appeal within the prescribed time.
An appeal to the county court or Court of Appeal by virtue of this section which is pending when notice of an election is given does not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision—
is as good as if no such appeal had been brought, and
is not affected by the decision of the appeal.
The Chief Electoral Officer must, in accordance with sections 13A, 13BA and 13BC, make such alterations in the register as may be required to give effect to the decision.
Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13BA(6) or (9) or 13BC(3) or (6) on or before the date of the poll, subsection (3) does not apply to that appeal as respects that election.
The Chief Electoral Officer— and the registration expenses payable to him include any expenses properly incurred by virtue of this subsection.
must undertake such duties in connection with appeals brought by virtue of this section as may be prescribed, and
on any appeal is deemed to be a party to the proceedings;
Section 21(1) of the Interpretation Act (Northern Ireland) 1954 (rules regulating procedure of courts etc.) applies as if the jurisdiction conferred by subsection (1) were conferred by any enactment within the meaning of that Act.
In this Part of this Act, the expression “member of the forces”—
means a person serving on full pay as a member of any of the naval, military or air forces of the Crown raised in the United Kingdom; but
does not include
a person serving only as a member of a reserve or auxilliary force except in so far as regulations provide that it shall include persons so serving during a period of emergency.or
a member of the regular army whose terms of service are such that, except for the purpose of training, he is required to serve only in Northern Ireland
Where a person— any question arising under section 5(3) above whether his residence at that address has been interrupted on that date by his absence in the performance of that duty shall be determined as if the performance of it did not prevent his resuming actual residence at any time after that date.
is not a member of the forces as defined by subsection (1) above, but
is, in the performance of his duty as a member of any of Her Majesty’s reserve or auxiliary forces, absent on the relevant date for the purposes of section 4 above from an address at which he has been residing,
Arrangements must be made by the appropriate government department for securing that every person having a service qualification by virtue of paragraph (a) or (b) of section 14(1) above has (so far as circumstances permit) an effective opportunity of exercising from time to time as occasion may require the rights conferred on him by this Act in relation to—
registration in a register of electors (and in particular in relation to the making and cancellation of service declarations);
the making and cancellation of appointments of a proxy;
voting in person, by post or by proxy.
In relation to persons having a service qualification by virtue of paragraph (c) of section 14(1), the British Council shall be under a corresponding obligation to that imposed by subsections (3) and (3A) above on the appropriate government department.
Arrangements must be made by the appropriate government department for securing that every such person receives such instructions as to the effect of this Act and any regulations made under it, and such other assistance, as may be reasonably sufficient in connection with the exercise by that person and any spouse or civil partner of that person of any rights conferred on them as mentioned above.
In subsections (3) and (3A) “the appropriate government department” means, in relation to members of the forces, the Ministry of Defence, and in relation to any other person means the government department under which he is employed in the employment giving the service qualification.
The Ministry of Defence must maintain, in relation to each member of the forces who provides information relating to his registration as an elector, a record of such information.
The Ministry of Defence must make arrangements to enable each member of the forces to update annually the information recorded under subsection (3C).
The Secretary of State must prepare and publish reports on the effect of the voter identification requirements on applications made under rule 37(1), 38(1), 39(1) or 40(1) of the parliamentary elections rules.
The duty under subsection (1) applies in respect of each of the first two parliamentary general elections that are held after the day on which paragraph 7 of Schedule 1 to the Elections Act 2022 comes into force.
Subsection (4) applies where requirements corresponding to the voter identification requirements (“the corresponding requirements”) have effect in relation to local government elections in England by virtue of rules made under section 36.
The Secretary of State must prepare and publish reports on the effect of the corresponding requirements on applications made under the provisions of rules made under section 36 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.
The duty under subsection (4) applies in respect of the first ordinary elections of councillors for local government areas in England that—
are held on an ordinary day of election (as determined under section 37) after the day on which the corresponding requirements come into force, and
are not combined with a parliamentary general election.
In preparing a report under this section, the Secretary of State must in particular take into account—
in the case of a report under subsection (1), information provided to the Secretary of State under rule 40B of the parliamentary elections rules (collection and disclosure of information relating to applications under rules 37 to 40);
in the case of a report under subsection (4), information provided to the Secretary of State under any provision of rules made under section 36 corresponding to rule 40B of the parliamentary elections rules.
In this section, “the voter identification requirements” means paragraphs (1A) to (1T) of rule 37 of the parliamentary elections rules (voting procedure) as it extends to England and Wales and to Scotland (including those paragraphs as applied by rule 38, 39 or 40 of those rules).
Subsection (2) applies to a local government election for an electoral area in Wales where a simple majority system applies.
An elector or person acting as proxy for an elector—
may not give more than one vote for any one candidate;
may not give more votes in all than the total number of councillors to be elected for the electoral ward.
Subsection (4) applies to an election for an electoral ward of a county council or county borough council in Wales where a single transferable vote system applies.
An elector or a person acting as proxy for an elector may not give more than one vote (whether as first preference or any subsequent preference) for any one candidate.
No person is subject to an incapacity to vote at a local government election in Wales by reason of the fact that the person is, or is acting as, the returning officer at that election.
A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.
A person shall be deemed to be guilty of personation at a parliamentary or local government election if he—
votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or
votes in person or by post as proxy—
for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or
when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force.
For the purposes of this section, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.
A person shall be guilty of an offence if— For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.
he votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector, at a parliamentary or local government election, or at parliamentary or local government elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or
he applies for the appointment of a proxy to vote for him at any parliamentary or local government election or at parliamentary or local government elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or
he votes, whether in person or by post, . . . ,as proxy for some other person at a parliamentary or local government election, knowing that that person is subject to a legal incapacity to vote.
A person shall be guilty of an offence if—
he votes as elector otherwise than by proxy either—
more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or
in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or
in any constituency at a general election, or in any electoral area at such an ordinary election as mentioned above, when there is in force an appointment of a person to vote as his proxy at the election in some other constituency or electoral area; or
he votes as elector in person at a parliamentary or local government election at which he is entitled to vote by post; or
the person votes as elector otherwise than by proxy in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or
he votes as elector in person at a parliamentary or local government election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or
the person votes as elector otherwise than by proxy in any electoral area at an election of councillors for a local government area in Scotland when—
there is in force an appointment of a person to vote as the person's proxy at the election in some other electoral area in Scotland, and
the polls for more than one local government election are held on the same day, or
. . . , he applies for a person to be appointed as his proxy to vote for him at parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.
A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—
at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors;
at a parliamentary election where—
P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and
P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;
at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors;
at a local government election in England where—
P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and
P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration;
at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors;
at parliamentary elections where—
P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and
P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;
at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors;
at local government elections in England, where—
P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and
P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.
A person shall be guilty of an offence if—
he votes as proxy for the same elector either—
more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or
in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or
he votes in person as proxy for an elector at a parliamentary or local government election at which he is entitled to vote by post as proxy for that elector; or
the person votes as proxy for the same elector in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he votes in person as proxy for an elector at a parliamentary or local government election knowing that the elector has already voted in person at the election.
A person shall also be guilty of an offence if he votes ... at a local government election in any electoral area in Wales or Scotland as proxy for more than two persons of whom he is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy—
more than once at the same election of the Mayor of London;
more than once at the same election of the London members of the London Assembly at an ordinary election;
more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;
in more than one Assembly constituency at the same ordinary election; or
in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency.
A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge, would be, an offence by that other person under the foregoing subsections of this section.
For the purposes of this section a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted (but see subsection (6ZA)), but for the purpose of determining whether an application for a ballot paper constitutes an offence under subsection (3B) or (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.
In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector—
more than once at the same election of the Mayor of London;
more than once at the same election of the London members of the London Assembly at an ordinary election;
more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or
in more than one Assembly constituency at the same ordinary election.
An offence under this section shall be an illegal practice, but—
the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and
a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this section of any agent of his other than an offence under subsection (5) above.
A person (“P”) is also guilty of an offence if P votes as proxy—
for more than four electors—
at a parliamentary election;
where the polls for two or more parliamentary elections are held on the same day, at those elections taken together;
at a local government election in England;
where the polls for two or more local government elections in England are held on the same day, at those elections taken together;
for more than two electors— where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration;
at a parliamentary election, or
where the polls for two or more parliamentary elections are held on the same day, at those elections taken together,
for more than two electors— where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.
at a local government election in England, or
where the polls for two or more local government elections in England are held on the same day, at those elections taken together,
For the purpose of determining whether an application for a ballot paper constitutes an offence under any of the multiple voting provisions, a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.
In subsection (6ZA), “the multiple voting provisions” means subsections (2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c).
A person is not guilty of an offence under subsection (2)(b) or (3)(b) above only by reason of his having marked a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.
Where a person is alleged to have committed an offence under subsection (2)(a)(i) or (3)(a)(i) above by voting on a second or subsequent occasion at a parliamentary election, he shall not be deemed by virtue of subsection (6) above to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 40(1C) 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—
made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and
which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.
A person who—
makes a declaration of local connection or a service declaration—
when he is not authorised to do so by section 7B(1) or section 15(1) above, or
except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or
when he knows that it contains a statement which is false, or
attests a service declaration when he knows— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
that he is not authorised to do so, or
that it contains a false statement as to any particulars required by regulations under section 16 above,
Where the declaration is available only for local government elections the references in subsections (1) and (1A) above to a legal incapacity to vote refer to a legal incapacity to vote at local government elections.
A person who makes a declaration under section 9B(1A)(a) above— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or
when he knows that it contains a statement which is false,
If a person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.
section 65 below,
section 66 below, or
section 99(1) below,
The persons to whom this section applies are— and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by the law relating to parliamentary or local government elections or the registration of parliamentary or local government electors.
the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),
any ... registration officer, returning officer or presiding officer,
any other person whose duty it is to be responsible after a parliamentary or local government election for the used ballot papers and other documents (including returns and declarations as to expenses),
any official designated by a universal postal service provider, and
any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;
Where— he shall not be guilty of an offence under subsection (1) above.
a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but
he remedies that act or omission in full by taking steps under subsection (1) of that section,
Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.
A person commits an offence if he—
engages in an act specified in subsection (2) at a parliamentary or local government election, and
intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.
These are the acts—
applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);
otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;
inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;
causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.
In subsection (1)(b), property includes any description of property.
In subsection (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).
A person who commits an offence under subsection (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.
This section does not apply to anything done at a local government election in Scotland.
This section applies in relation to a local government election in Scotland.
A person commits an offence if he—
engages in any of the acts specified in subsection (3) below at the election; and
intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.
The acts referred to in subsection (2)(a) above are—
applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);
otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;
inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;
causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.
In subsection (2)(b) above, property includes any description of property.
In subsection (3) above a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).
A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.
This subsection and subsection (6) extend to the whole of the United Kingdom, but otherwise this section extends only to Scotland.
If a person to whom this section applies, or who is for the time being under a duty to discharge as deputy or otherwise any of the functions of such a person, is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law, nor shall any action for damages lie in respect of the breach by such a person of his official duty.
Those to whom this section applies are— and the expression " official duty " shall for the purposes of this section be construed accordingly but shall not include duties imposed otherwise than by the law relating to local government elections or the registration of local government electors.
any registration officer or person whose duty it is to prepare a corrupt and illegal practices list under section 51(2) above or clerk or assistant employed by him in connection with his official duties,
any person whose duty it is to act as returning officer at or to take part in the conduct of a local government election or to be responsible after a local government election for the used ballot papers and other documents (including returns and declarations as to expenses),
A person shall be guilty of an offence, if, at a parliamentary or local government election, he—
fraudulently defaces or fraudulently destroys any nomination paper; or
fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or declaration of identity or official envelope used in connection with voting by post; or
without due authority supplies any ballot paper to any person; or
fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or
fraudulently takes out of the polling station any ballot paper; or
without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or
fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.
In Scotland, a person shall be guilty of an offence if—
at a parliamentary or local government election, he forges any nomination paper, delivers to the returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper; or
at a local government election, he signs any nomination paper as candidate or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or
he fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.
If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers is guilty of an offence under this section, he shall be liable—
on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;
on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both
If any other person is guilty of an offence under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if he is a returning officer, a presiding officer or clerk appointed to assist in taking the poll or counting the votes or a clerk appointed to assist at the proceedings in connection with the issue or receipt of postal ballot papers, be liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years;
if he is any other person, be liable—
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months or to both;
on conviction on indictment to a fine or to imprisonment for a term not exceeding 6 months or to both.
Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.
A person who— commits an offence.
is with another person at a polling booth, and
intends to influence that other person to vote in a particular way or to refrain from voting,
A person who— commits an offence.
is near a polling booth when another person is at that booth, and
intends to influence that other person to vote in a particular way or to refrain from voting,
For the purposes of this section—
a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;
assisting a person with voting, in accordance with rule 39 of Schedule 1 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;
a person may be near one polling booth while at a different polling booth.
A person who commits an offence under this section is liable on summary conviction—
in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;
in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.
This section does not have effect in relation to an election in Scotland or Wales under the local government Act.
The following persons—
every returning officer and every presiding officer or clerk attending at a polling station,
every candidate or election agent or polling agent so attending,
Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—
ascertain or attempt to ascertain at the counting of the votes the number or other unique identifying mark on the back of any ballot paper;
communicate any information obtained at the counting of the votes as to the candidate for whom any vote is given on any particular ballot paper.
No person shall—
interfere with or attempt to interfere with a voter when recording his vote;
otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted;
communicate at any time to any person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given to a voter at that station;
directly or indirectly induce a voter to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has or has not voted.
Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not—
Except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or
except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of the ballot paper sent to any person; or
except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper; or
attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.
No person may—
except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election;
except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a ballot paper sent to a person for voting by post at a relevant election;
obtain or attempt to obtain information, in the circumstances mentioned in subsection (3B), as to the candidate for whom a person voting by post at a relevant election (“V”) is about to vote or has voted;
communicate at any time to any other person information obtained in contravention of paragraph (c).
The circumstances referred to in subsection (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.
No person having undertaken to assist a blind voter to vote at an election in Scotland or Wales under the local government Act shall communicate at any time to any person any information as to the candidate for whom that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given for the use of that voter.
If a person acts in contravention of this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months.
But—
a person (“E”) who is voting by proxy does not contravene subsection (3A) by obtaining or attempting to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to E’s vote, and
a person who is appointed as proxy for an elector does not contravene subsection (3A) by communicating to that elector information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to that elector’s vote.
Subsection (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—
a published statement relating to the way in which voters intend to vote or have voted at the relevant election, or
a published forecast as to the result of that election which is based on information given by voters.
In subsection (3D)—
“forecast” includes estimate;
“published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;
the reference to the result of the relevant election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.
A person voting as proxy for an elector at a relevant election—
must not communicate at any time to any person other than that elector any information as to the candidate for whom the person is about to vote, or has voted, as proxy for that elector;
except for some purpose authorised by law, must not communicate at any time to any person other than that elector the number or other unique identifying mark on the back of a ballot paper sent or delivered to the person for voting as proxy for that elector.
No person having undertaken to assist a relevant voter to vote at a relevant election may communicate at any time to any person except that voter any information as to—
the candidate for whom the voter intends to vote or has voted, or
the number or other unique identifying mark on the back of the ballot paper given for the use of the voter.
In subsection (4A) “relevant voter” means a voter who is blind, has another disability, or is unable to read.
In this section, “relevant election” means—
a parliamentary election, or
an election in England under the local government Act.
In their application in relation to an election of the London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect with the insertion, after the words “the candidate for whom”, in each place where they occur, of “, or the registered political party towards the return of whose candidates,”.
In relation to an election of the London members of the London Assembly at an ordinary election, any reference in this section to the return of a registered political party’s candidates is a reference to the return of candidates included in the list of candidates submitted by the registered political party for the purposes of the election.
A person is guilty of a corrupt practice if, in the case of any relevant election, he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election—
a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or
(where the election is a parliamentary election) a statement under rule 6(5)(b) of Schedule 1 to this Act which he knows to be false in any particular; or
anything which purports to be the signature of an elector who proposes, seconds or assents to, the nomination of such a candidate but which he knows—
was not written by the elector by whom it purports to have been written, or
if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding, or (as the case may be) assenting to, that candidate’s nomination or
a certificate authorising for the purposes of rule 6A of the parliamentary elections rules the use by a candidate of a description if he knows that the candidate is standing at an election in another constituency in which the poll is to be held on the same day as the poll at the election to which the certificate relates.
A person is guilty of a corrupt practice if, in the case of any relevant election, he makes in any document in which he gives his consent to his nomination as a candidate— which he knows to be false in any particular.
a statement of his date of birth,
a statement as to his qualification for being elected at that election, or
a statement that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,
For the purposes of subsection (1A), a statement as to a candidate's qualification is a statement—
that he is qualified for being elected,
that he will be qualified for being elected, or
that to the best of his knowledge and belief he is not disqualified for being elected.
In this section “relevant election” means—
any parliamentary election, or
except for the purposes of subsections (1)(c) and (1A)(c), any local government election in England or Wales.
This section applies in relation to a local government election in Scotland.
A person is guilty of a corrupt practice if he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election—
a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or
anything which purports to be the signature of an elector who proposes, seconds or assents to the nomination of such a candidate but which he knows—
was not written by the elector by whom it purports to have been written; or
if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding or, as the case may be, assenting to that candidate's nomination.
A person is guilty of a corrupt practice if he makes in any document in which he gives his consent to his nomination as a candidate at the election— which he knows to be false in any particular.
a statement of his date of birth; or
a statement as to his qualification for being elected at the election,
For the purposes of subsection (3) above, a statement as to a candidate's qualification is a statement—
that he is qualified for being elected;
that he will be qualified for being elected; or
that to the best of his knowledge and belief he is not disqualified for being elected.
No person shall, in the case of an election to which this section applies, publish before the poll is closed—
any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or
any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.
This section applies to—
any parliamentary election; and
any local government election in England or Wales.
If a person acts in contravention of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.
In this section— and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.
A person is guilty of an offence—
if he fails to comply with any conditions imposed in pursuance of regulations under rule 19B, 56A or 57 of the parliamentary elections rules, or
if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.
P is not guilty of an offence under subsection (1) if—
he has an appropriate supervisor, and
he has complied with all the requirements imposed on him by his appropriate supervisor.
A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.
In subsections (1)(b) and (2)—
an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;
appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.
A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Not later than the latest time for the delivery of notices of withdrawals for an election, a person shall be named by or on behalf of each candidate as the candidate’s election agent, and the name and address of the candidate’s election agent shall be declared in writing by the candidate or some other person on his behalf to the appropriate officer not later than that time.
A candidate may name himself as election agent, and upon doing so shall, so far as circumstances admit, be subject to the provisions of this Act both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, the requirements of subsection (1) above in relation to those candidates are that not later than the time there mentioned—
a person shall be named by or on behalf of the party as the election agent of all of those candidates; and
the declaration required by that subsection shall be made by or on behalf of the party.
Subject to subsection (3A) below,One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.
If whether before, during or after the election the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate officer.
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, a candidate included in the list— and the provisions which have effect by virtue of subsection (2) above in relation to a candidate upon his naming himself as election agent shall also have effect in relation to a candidate upon his being named as election agent by virtue of paragraph (b) above.
must not under subsection (2) above name himself as his own election agent, but
may be named by or on behalf of the party as the election agent of all the candidates included in the list,
The declaration as a candidate’s election agent of a person other than the candidate shall be of no effect under this section unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.
Upon the name and address of an election agent being declared to the appropriate officer, the appropriate officer shall forthwith give public notice of that name and address , unless subsection (6ZA) applies.
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—
the same person must be appointed as election agent for all the candidates included in the list; and
any such appointment may only be revoked by or on behalf of the party and in respect of all the candidates.
In this Part of this Act the expression “appropriate officer” means—
in relation to a parliamentary election, the returning officer;
in relation to any other local government election,, the proper officer of the authority for which the election is held.
in relation to an Authority election, the returning officer for that election (as determined under subsection (2B) of section 35 or, as the case may be, paragraph (a) or (b) of subsection (2C) of that section);
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (5) above shall apply in relation to the candidates included in that list as if the reference to a person other than the candidate were a reference to a person other than the candidate whose name appears highest on the list.
Where an election agent is appointed in a Scottish local government election, a declaration under section 67(1) may include a request by the election agent that any public notice of their address is to a correspondence address rather than their home address.
A request under subsection (6ZA) must be granted by the returning officer where an alternative correspondence address has been provided.
Where a candidate at an election of councillors to a county or county borough council in Wales has named themself as election agent and the home address form accompanying the candidate’s nomination paper contains a statement under rule 9(6) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 that the candidate’s home address must not be made public—
the candidate’s home address must not be included in the public notice under subsection (6), and
the information given in the candidate’s home address form under rule 9(7) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 must be included in the public notice instead.
In the case of an election agent for a candidate may appoint to act in any part of the constituency or electoral area one, but not more than one, deputy election agent (in this Act referred to as sub-agent).
a parliamentary election for a county constituency, or
an Authority election,
As regards matters in a part of the constituency or electoral area for which there is a sub-agent the election agent may act by the sub-agent and—
anything done for the purposes of this Act by or to the sub-agent in his part of the constituency or electoral area shall be deemed to be done by or to the election agent; and
any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and
the candidate shall suffer the like incapacity as if that act or default had been the election agent’s act or default.
Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate officer, and the appropriate officer shall forthwith give public notice of the name and address of every sub-agent so declared , unless subsection (3A) applies.
The appointment of a sub-agent— and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate officer, who shall forthwith give public notice of the name and address so declared.
shall not be vacated by the election agent who appointed him ceasing to be election agent, but
may be revoked by whoever is for the time being the candidate’s election agent,
Where a sub-agent is appointed in a Scottish local government election, a declaration under section 68(3) may include a request by the sub-agent that any public notice of their address is to a correspondence address rather than their home address.
A request under subsection (3A) must be granted by the returning officer where an alternative correspondence address has been provided.
The declaration to be made to the appropriate officer, and the notice to be given by him, under subsection (3) or subsection (4) above shall specify the part of the constituency or electoral area within which any sub-agent is appointed to act.
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—
the election agent for those candidates must, if he appoints a sub-agent for any part of the electoral area in the case of any of those candidates, appoint the same person as sub-agent for that part of the electoral area in the case of all of the candidates; and
any such appointment may only be revoked in respect of all of the candidates.
Every election agent and every sub-agent shall have an office to which all claims, notices, legal process and other documents may be sent, and the address of the office shall be—
declared to the appropriate officer at the same time as the appointment of the agent is declared to him; and
stated in the public notice of the name of the agent.
The office—
of the election agent for a parliamentary election shall be within the constituency or an adjoining constituency or in a Welsh county or county borough, or London borough or district, which is partly comprised in or adjoins the constituency, and that of a sub-agent shall be in the area within which he is appointed to act; and
of an election agent for a local government election shall be within the local government area or in the constituency or one of the constituencies in which the area is comprised or in a Welsh county or county borough, or London borough or district, which adjoins it, and that of a sub-agent shall be in the area within which he is appointed to act.
Subsection (1B) applies where—
a candidate at an election of councillors to a county or county borough council in Wales has named themself as election agent,
the home address form accompanying the candidate’s nomination paper contains a statement under rule 9(6) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 that the candidate’s home address must not be made public, and
the office address that is required to be declared under subsection (1) is also the candidate’s home address.
If the candidate (in their capacity as election agent) does not want the office address to be included in the public notice under section 67(6), the candidate must, in addition to declaring the office address, provide the appropriate officer with another address in England or Wales to be used for correspondence (“a correspondence address”).
Any claim, notice, legal process or other document delivered at the office of the election agent or sub-agent , or delivered to a correspondence address provided under subsection (1C), and addressed to the agent, shall be deemed to have been served on him and every election agent or sub-agent may in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction at the place where his office is situated.
Where the candidate (in their capacity as election agent) provides a correspondence address under subsection (1B)—
the office address must not be included in the public notice under section 67(6), and
the correspondence address must be included instead.
If no person’s name and address is given as required by section 67 above as the election agent of a candidate who remains validly nominated at the latest time for delivery of notices of withdrawals, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent.
If— the candidate shall be deemed to have appointed himself as from the time of death.
the person whose name and address have been so given as those of the candidate’s election agent (not being the candidate himself) dies, and
a new appointment is not made on the day of the death or on the following day,
If the appointment of a candidate’s election agent is revoked without a new appointment being made, the candidate himself shall be deemed to have been appointed (or reappointed) election agent.
Where a candidate is by virtue of this section to be treated as his own election agent, he shall be deemed to have his office—
at his address as given in the statement as to persons nominated (or where, in the case of a parliamentary election, the address is not given on that statement, the address as given under rule 6(4) of Schedule 1 to this Act) ; or
if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.
The deemed appointment of a candidate as his own election agent may be revoked as if it were an actual appointment.
Where in a local government election in Scotland a candidate is by virtue of this section to be treated as his own election agent, he shall be deemed to have his office—
at his address as given in his nomination paper or papers, or
if that address is outside the permitted area for the office, at the address of the person named as the proposer of the candidate in the nomination paper first delivered in which the address of the proposer is in the local government area.
The appropriate officer on being satisfied that a candidate is by virtue of this section to be treated as his own election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69 above.
In relation to a candidate who is deemed by virtue of this section to be their own election agent at an election of councillors to a county or county borough in Wales, subsection (4) does not apply and the candidate’s office is instead deemed to be—
in a case where the candidate’s home address given under rule 9(2)(b) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 is in England or Wales, at that address, and
otherwise, at the candidate’s qualifying address as stated under rule 9(2)(c) of Schedule 1 or 2 to those Rules or, where more than one qualifying address is stated, at the first of those addresses.
In the case of a parliamentary election, subsection (6) above applies whether or not a statement has been made under rule 6(5) of Schedule 1 to this Act requiring the candidate's home address not to be made public.
In relation to a candidate who is deemed by virtue of this section to be their own election agent at an election of councillors to a county or county borough in Wales, subsection (6) does not apply and instead sections 67 and 69 apply with the following modifications.
Section 67 applies as if the name and address of the candidate had been declared in writing to the appropriate officer under subsection (1) of that section.
Section 69 applies as if—
the address at which the candidate’s office is deemed to be had been declared to the appropriate officer under subsection (1)(a) of that section, and
subsections (1A) to (1C) and (2) of that section were omitted.
A candidate— need not have an election agent, and accordingly the foregoing provisions of this Part of this Act do not apply to those elections.
at an election in England of parish councillors, or in Wales of community councillors, or
at any election under the local government Act which is not a local government election,
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—
section 70 shall not apply in relation to those candidates, but
the following provisions of this section shall have effect in place of that section.
If no person’s name and address is given as required by virtue of section 67(1A) as the election agent of all of the candidates included in the list who remain validly nominated at the latest time for delivery of notices of withdrawals—
the candidate whose name appears highest on the list shall be deemed at that time to have been named on behalf of the party as election agent for all of the candidates; and
any appointment of another person as election agent for those candidates shall be deemed to have been revoked.
If— the candidate whose name appears highest on the list shall be deemed to have been named on behalf of the party as election agent for all of the candidates as from the time of death.
the person whose name and address have been so given as those of the election agent for the candidates dies, and
a new appointment is not made on the day of the death or on the following day,
If the appointment of the election agent for the candidates is revoked without a new appointment being made, the candidate whose name appears highest on the list shall be deemed to have been appointed (or re-appointed) election agent.
The deemed appointment of a candidate as election agent may be revoked as if it were an actual appointment.
Where a candidate included in the list is by virtue of this section to be treated as election agent, he shall be deemed to have his office—
at his address as given in the statement as to persons nominated; or
if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.
The appropriate officer, on being satisfied that a candidate is by virtue of this section to be treated as election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69.
The election agent of a candidate shall appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate at an election, and hire every committee room hired on behalf of the candidate.
A contract by which any election expenses are incurred shall not be enforceable against a candidate at the election unless made by the candidate himself or by his election agent, but this subsection does not relieve the candidate from the consequences of any corrupt or illegal practice having been committed by his agent.
The references in this section to an election agent shall, in relation to a parliamentary election where sub-agents are allowed, be taken as references to the election agent acting by himself or a sub-agent.
Subject to subsection (5) below, no payment (of whatever nature) shall be made by— in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.
a candidate at an election, or
any other person,
by any other person,
Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.
The references in the foregoing provisions of this section to an election agent shall, in relation to a parliamentary or Authority election where subagents are allowed, be taken as references to the election agent acting by himself or a sub-agent.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section does not apply to—
any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate;
any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision;
any expenses included in a declaration made by the election agent under section 74A below; ...
any expenses incurred ... on account of any matter falling within section 75(1) by a person authorised as mentioned in that provision; or
any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of section 90ZA(5) below.
A person who makes any payment (of whatever nature) in contravention of subsection (1) above ... shall be guilty of an illegal practice.
The candidate at an election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but and, where paragraph (a), (b), (c) or (d) above applies,any further personal expenses so incurred by him shall be paid by his election agent.
the amount which a candidate at a parliamentary election may pay shall not exceed £600,.
the amount which a candidate at an election of the Mayor of London may pay shall not exceed £5,000,
the amount which a candidate at an election of a constituency member of the London Assembly may pay shall not exceed £600, and
the amount which a candidate to be a London member of the London Assembly at an ordinary election may pay shall not exceed £900,
The candidate shall send to his election agent within the time limited by this Act for sending in claims a written statement of the amount of expenses paid as mentioned in subsection (1) or (1B) aboveby the candidate.
In the application of subsection (1) above in relation to a person who is a candidate in two or more Authority elections those elections shall be treated—
if one of them is an election of the Mayor of London, as if they together constituted a single election falling within paragraph (b) of that subsection, and
in any other case, as if they together constituted a single election falling within paragraph (d) of that subsection.
The candidate at an election may also pay any election expenses (other than expenses falling within subsection (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.
Any person may, if so authorised in writing by the candidate’s election agent, pay any necessary expenses for stationery, postage, telegrams (or any similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.
A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Act for sending in claims, and shall be vouched for by a bill containing that person’s receipt.
Sections 78 and 79 below do not apply to expenses which, in accordance with any provision of this section, are paid otherwise than by the candidate’s election agent.
and shall be given in the prescribed manner by recognisance entered into by any number of sureties not exceeding four or by a deposit of money, or partly in one way and partly in the other; but in Scotland—
restrict the publication of any matter relating to the election in a newspaper or other periodical or in a broadcast made by the British Broadcasting Corporation or or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996; or
the amount mentioned in paragraph (a) above shall be such amount not exceeding £5,000 as the Court of Session or a judge of the Court of Session directs and the amount mentioned in paragraph (b) above shall be such amount not exceeding £2,500 as the election court or the sheriff directs; and
apply to any expenses not exceeding in the aggregate the sum of £5 which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others, or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.
the persons finding caution for that amount may exceed four.
Where a person incurs any expenses required by this section to be authorised by the election agent— but this subsection does not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.
that person shall within 21 days after the day on which the result of the election is declared deliver to the appropriate officer a return of the amount of those expenses, stating the election at which and the candidate in whose support they were incurred, and
the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred.
Paragraph (c) or (d) of subsection (1) above does not restrict the publication of any matter relating to the election in—
a newspaper or other periodical,
a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.
Subsection (1) above does not apply to any expenses incurred by any person—
which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or
in travelling or in living away from home or similar personal expenses.
The return and declaration under the foregoing provisions of this section shall be in the prescribed form, and the authority received from the election agent shall be annexed to and deemed to form part of the return.
A copy of every return and declaration made under subsection (2) above in relation to a parliamentary election in England, Wales or Northern Ireland must be sent to the relevant officer within 21 days after the day on which the result of the election is declared by the person making the return or declaration.
For the purposes of subsection (1ZZB)(a) above, “the permitted sum” means— and expenses shall be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (1ZZB)(a) fall within subsection (1) above.
in respect of a candidate at a parliamentary election, £700;
in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;
In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, any reference to the candidate includes a reference to all or any of the candidates of a registered political party ; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party.
a local government election in Scotland;
incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this section, or
references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and
. . . , parish or community councillors, or
knowingly makes the declaration required by subsection (2) falsely,
references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment and
the chairman of a . . . , parish or community council or parish meeting,
Form of Front of Ballot Paper
the court before whom a person is convicted under this subsection may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and
which are licensed for the sale of any intoxicating liquor for consumption on or off the premises or on which refreshment of any kind (whether food or drink) is ordinarily sold for consumption on the premises, or
the Independent Television Commission or the Radio Authority, or
in Part I, sections . . . , 60 , 62A and 66,
any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,
Parts II and III,
a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this subsection committed by an agent without his consent or connivance.
where any intoxicating liquor is supplied to members of a club, society or association, other than a permanent political club,
in this Part, section 189,
Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves—
that the act or omission took place without his consent or connivance; and
that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
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The relevant officer is—
in relation to England and Wales, the returning officer;
in relation to Northern Ireland, the Clerk of the Crown for Northern Ireland.
The returning officer must forward to the relevant registration officer (within the meaning of rule 55 of the parliamentary elections rules) every document sent to him in pursuance of subsection (4) above.
Rule 57 of those rules applies to any documents sent under this section to—
the relevant registration officer, or
the Clerk of the Crown for Northern Ireland.
For the purposes of this section, in the case of an election of the London members of the London Assembly at an ordinary election, a candidate’s registered political party is the registered political party (if any) which submitted for the purposes of that election a list of candidates on which the candidate in question is included.
For the purposes of subsection (1), expenditure incurred before the date when a person becomes a candidate at the election is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.
This section does not apply in relation to a local government election in Scotland.
Neither section 73 above nor sections 78 and 79 below shall apply to election expenses—
which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate’s election, but
which by virtue of section 90ZA(1) below fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate’s election.
The candidate’s election agent shall make a declaration of the amount (determined in accordance with section 90B below) of any election expenses falling within subsection (1) above.
In this section “for the purposes of the candidate’s election” has the same meaning as in sections 90ZA and 90C below.
The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.
That maximum amount is—
for a candidate at a parliamentary general election, being an election—
in a county constituency, £11,390 together with an additional 12p for every entry in the register of electors . . . and
in a borough constituency, £11,390 together with an additional 8p for every entry in the register of electors . . .
for a candidate at a local government election other than an Authority election—
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at any other local government election, £740 together with an additional 6p for every entry in the register of electors . . ..
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at a local government election in England, £960 together with an additional 8p for every entry in the register of electors;
at a local government election in Wales, £806 together with an additional 7p for every entry in the register of electors;
for a candidate at a parliamentary by-election, £180,050;
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).
Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) below or prescribed by order under subsection (2A) below, any candidate or election agent who— shall be guilty of an illegal practice.
incurred, or authorised the incurring of, the election expenses, and
knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,
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In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.
The maximum amount mentioned above for a candidate at a parliamentary election or an Authority election (including the maximum amount for the purposes of subsection (1A) above) or a local government election in England or Wales is not required to cover the candidate’s personal expenses.
As respects Authority elections, each of the following, that is to say— shall be such as the Secretary of State may prescribe in an order made by statutory instrument.
the maximum amount for a candidate in an election of the Mayor of London,
the maximum amount for a candidate in an election of a constituency member of the London Assembly,
the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,
the maximum amount for the purposes of subsection (1A) above,
An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.
Where there are two or more joint candidates at a local government election other than an Authority election the maximum amount mentioned in section 76 above shall, for each of those joint candidates, be reduced by a quarter or, if there are more than two joint candidates, by one-third.
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994
the employment and use of the same clerk, messenger or committee room, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates;
. . . , parish or community councillors, or
the chairman of a . . . , parish or community council or parish meeting,
nothing in this subsection shall prevent candidates from ceasing to be joint candidates.
Where— the excess shall be deemed to have arisen from a reasonable cause for the purposes of section 167 below.
any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate,
the change was made in good faith,
the excess is not more than under the circumstances is reasonable, and
the total election expenses of the candidate do not exceed the maximum amount allowed for a separate candidate,
The returning officer or the Electoral Commission may, at any time during the period of 6 months beginning with the date of the poll at a parliamentary election, request a relevant person to deliver to the officer or Commission a return of permitted expenditure in relation to a candidate at the election who is specified in the request.
“Relevant person” means a person who—
is not required to deliver a return under section 75(2) in relation to the candidate, and
is not the candidate, the candidate's election agent, or a person engaged or employed for payment or promise of payment by the candidate or the candidate's election agent.
“Return of permitted expenditure” means a return—
showing all permitted expenses incurred by the person in relation to the candidate, or
stating that the person incurred no such expenses or that the total such expenses incurred by the person was £200 or less.
“Permitted expense”, in relation to a candidate, means an expense incurred by the person in respect of the candidate which, if the person had been required to deliver a return under section 75(2) in relation to the candidate, would have been required to be included in that return.
A person must comply with a request under section 75ZA(1) within the period of 21 days beginning with the day on which the request is received.
A return of permitted expenditure must be accompanied by a declaration made by the person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body)—
verifying the return, and
in the case of a return of the kind mentioned in section 75ZA(3)(a), giving particulars of the matters for which the expenses were incurred.
A person who fails to deliver a return or declaration in accordance with this section is guilty of an illegal practice.
A person who knowingly makes a false declaration under subsection (2) is guilty of a corrupt practice.
The court before whom a person is convicted under subsection (3) or (4) may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173.
Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves—
that the act or omission took place without his consent or connivance, and
that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Every claim against a candidate or his election agent in respect of election expenses which is not sent in to the election agent not later than 21 days after the day on which the result of the election is declared shall be barred and not paid.
All election expenses shall be paid not later than 28 days after that day.
An election agent who pays a claim in contravention of subsection (1) or makes a payment in contravention of subsection (2) above shall be guilty of an illegal practice; but where the election court reports that it has been proved to the court by the candidate that any payment was made by an election agent without the sanction or connivance of the candidate—
the candidate’s election shall not be void, nor
shall he be subject to any incapacity under this Act by reason only of that payment having been made in contravention of this section.
The claimant or the candidate or his election agent may apply to the High Court or to the county court for leave to pay a claim for any election expenses, although sent in after that period of 21 days or although sent in to the candidate and not to the election agent, and the court on cause shown to their satisfaction may by order grant the leave. In relation to an application in respect of expenses for a local government election in Scotland the reference in this subsection to the High Court shall be omitted.
Any sum specified in the order of leave may be paid by the candidate or his election agent and when paid in pursuance of the leave shall not be deemed to be in contravention of subsection (2) above.
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one of the judges for the time being on the rota for the trial of parliamentary election petitions,
in Northern Ireland, one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (4) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
If the election agent disputes any claim sent in to him within the period of 21 days mentioned in section 78 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.
The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court, and any sum paid by the candidate or his agent in pursuance of the judgment or order of the court shall nor be deemed to be in contravention of section 73(1) above or of section 78(2).
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to a Circuit judge nominated under subsection (1)(a) of section 68 of the Supreme Court Act 1981, or
to the master, registrar or other proper officer of the court,
Subsections (4) to (7) of section 78 apply in relation to a disputed claim as they apply in relation to a claim for election expenses sent in after that period of 21 days.
This section applies in relation to a local government election in Scotland.
No person other than a candidate at the election, his election agent or a person authorised in writing by the election agent shall, with a view to promoting or procuring the election of the candidate, incur any expenses on account of—
holding public meetings or organising any public display;
issuing advertisements, circulars or publications; or
otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate.
Subsection (2)(c) above does not restrict the publication of any matter relating to the election in—
a newspaper or other periodical;
a broadcast made by the British Broadcasting Corporation; or
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or Part 1 or 2 of the Broadcasting Act 1996 (c. 55).
Subsection (2) does not apply to expenses incurred by any person—
which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action); or
in travelling or in living away from home or similar personal expenses.
For the purposes of subsection (4)(a) above—
“the permitted sum” means, in respect of each candidate, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election; and
expenses are to be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (4)(a)) fall within subsection (2) above.
Where a person incurs any expenses required by subsection (2) above to be authorised by the election agent, that person shall, within 21 days after the day on which the result of the election is declared, deliver to the appropriate officer—
a return of the amount of the expenses, stating the election at which, and the candidate in whose support they were incurred;
a declaration by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred; and
the authority received from the election agent (which, for the purposes of this section, is to be treated as forming part of the return).
A person is guilty of a corrupt practice if he—
incurs, or aids, abets, counsels or procures any other persons to incur, any expenses in contravention of subsection (2) above; or
makes a declaration required by subsection (6)(b) above which he knows to be false.
A person is guilty of an illegal practice if he fails to deliver any return or declaration as required by subsection (6) above.
The court by or before which a person is convicted of a corrupt or illegal practice under subsection (7) or (8) above may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity incurred under section 173 or 173A of this Act by virtue of the conviction.
A candidate is not liable for, and his election is not void by reason of, a corrupt or illegal practice under subsection (7) or (8) above committed by an agent without his consent or connivance.
Where any act or omission of an association or body of persons (whether corporate or unincorporate) is a corrupt or illegal practice under this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, is also guilty of the corrupt or illegal practice, unless the person proves—
that the act or omission took place without his consent or connivance; and
that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
So far as circumstances admit, this Act applies to an election agent’s claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Act and be dealt with accordingly.
Within 35 days after the day on which the result of the election is declared, the election agent of every candidate at the election shall deliver to the appropriate officer a true return containing as respects that candidate—.
a statement of all election expenses incurred by or on behalf of the candidate; and
a statement of all payments made by the election agent together with all bills or receipts relating to the payments.
A return under this section must—
specify the poll by virtue of which the return is required;
specify the name of the candidate to whom the return relates and of the candidate’s election agent; and
deal under a separate heading with any expenses in respect of which a return is required by virtue of section 75(2) or 75A(6) above.
Subsection (1) above—
in its application in relation to an election of the Mayor of London, shall have effect with the substitution for “35 days” of “70 days”; and
in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for “35 days after the day on which the result of the election is declared” of “70 days after the day on which the last of the successful candidates at the election is declared to be returned.”
The return shall also contain as respects that candidate—
a statement of all payments made— together with all bills or receipts relating to any such payments made in accordance with section 74(1B) or 74(3);
by the candidate in accordance with section 74(1) or (1B) above, or
by any other person in accordance with section 74(3) above,
a statement of all disputed claims of which the election agent is aware;
a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;
any declarations of value falling to be made by the candidate’s election agent by virtue of section 74A(2) above or 90C(2) below;
a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 90A(5)(b) below;
a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to this Act; and
a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf.
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Where after the date at which the return as to election expenses is delivered, leave is given by the court under section 78(4) above for any claim to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as is mentioned in section 86 below.
The return shall also contain as respects that candidate—
a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations;
a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide;
a statement relating to such other matters as is prescribed.
In the application of paragraph (c) of subsection (3A) in relation to a local government election in Scotland, any regulations under that paragraph are to be made by the Scottish Ministers and such regulations are subject to the affirmative procedure.
Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.
The return which the election agent is required to deliver under subsection (1) above—
shall be in respect of all those candidates; . . .
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If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.
The statements which the return is required to contain by virtue of subsection (3A) above in respect of the matters there mentioned shall be a separate statement of each such matter as respects each of the candidates in question.
If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.
The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any (or any description of) return required by this section.
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The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).
Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) below or prescribed by order under subsection (2A) below , any candidate or election agent who— shall be guilty of an illegal practice.
incurred, or authorised the incurring of, the election expenses, and
knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,
That maximum amount is—
for a candidate at a parliamentary general election, being an election—
in a county constituency, £11,390 together with an additional 12p for every entry in the register of electors . . . and
in a borough constituency, £11,390 together with an additional 8p for every entry in the register of electors . . .
for a candidate at a parliamentary by-election, £180,050;
for a candidate at a local government election other than an Authority election—
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at any other local government election, £806 together with an additional 7p for every entry in the register of electors ... .
As respects Authority elections, each of the following, that is to say— shall be such as the Secretary of State may prescribe in an order made by statutory instrument.
the maximum amount for a candidate in an election of the Mayor of London,
the maximum amount for a candidate in an election of a constituency member of the London Assembly,
the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,
the maximum amount for the purposes of subsection (1A) above,
An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
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In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.
The maximum amount mentioned above for a candidate at a parliamentary election or an Authority election (including the maximum amount for the purposes of subsection (1A) above) or a local government election in England or Wales is not required to cover the candidate’s personal expenses.
The maximum amount mentioned above for a candidate at a local government election in Scotland is not required to cover—
the candidate’s personal expenses;
expenses that are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.
reasonable expenses incurred that are reasonably attributable to an individual’s disability,
reasonable expenses incurred in providing for the protection of persons or property at rallies or other public events,
reasonable expenses incurred that are reasonably attributable to the translation of anything into another language.
Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.
The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.
Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).
Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) below or prescribed by order under subsection (2A) below, any candidate or election agent who— shall be guilty of an illegal practice.
incurred, or authorised the incurring of, the election expenses, and
knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,
That maximum amount is—
for a candidate at a parliamentary general election, being an election—
in a county constituency, £11,390 together with an additional 12p for every entry in the register of electors . . . and
in a borough constituency, £11,390 together with an additional 8p for every entry in the register of electors . . .
for a candidate at a parliamentary by-election, £180,050;
for a candidate at a local government election other than an Authority election—
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at any other local government election, £219 together with an additional 4.3p for every entry in the register of electors . . ..
As respects Authority elections, each of the following, that is to say— shall be such as the Secretary of State may prescribe in an order made by statutory instrument.
the maximum amount for a candidate in an election of the Mayor of London,
the maximum amount for a candidate in an election of a constituency member of the London Assembly,
the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,
the maximum amount for the purposes of subsection (1A) above,
An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
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In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.
The maximum amount mentioned above for a candidate at a parliamentary election or an Authority election (including the maximum amount for the purposes of subsection (1A) above) or a local government election in England or Wales is not required to cover the candidate’s personal expenses.
Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.
The return delivered under section 81(1) above shall be accompanied by a declaration made by the election agent in the appropriate form.
At the same time that the election agent delivers that return, or within seven days afterwards, the candidate shall deliver to the appropriate officer a declaration made by him in the appropriate form.
Where the candidate is out of the United Kingdom when the return is so delivered— but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Act relating to the return and declaration as to election expenses.
the declaration required by subsection (2) above may be made by him within 14 days after his return to the United Kingdom, and
in that case, the declaration shall be forthwith delivered to the appropriate officer,
For the purposes of subsections (1) and (2) above, “the appropriate form”—
in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;
in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and
in any other case, is the form in Schedule 3 to this Act.
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in England and Wales, the chairman or proper officer of the Greater London Council, a county council or a district council, or the mayor or proper officer of a London borough;
in Scotland, the proper officer of a regional, islands or district council;
in Northern Ireland, the clerk of a district council.
Where the candidate is his own election agent, the declaration by an election agent as to election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form in Schedule 3.
If a candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of a corrupt practice.
Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.
Notwithstanding anything in sections 81 and 82 above, no return or declaration as to election expenses shall be required in the case of a person—
who is a candidate at a parliamentary election, but is so only because he has been declared by others to be a candidate; and
who has not consented to the declaration or taken any part as a candidate in the election.
This section applies where— For the purposes of this section, section 90ZA(1) has effect with the omission of the words “after the date when he becomes a candidate at the election”.
a Parliament is not dissolved until after the period of 55 months beginning with the day on which that Parliament first met (“the 55-month period”),
election expenses are incurred by or on behalf of a candidate at the parliamentary general election which follows the dissolution, and
the expenses are incurred in respect of a matter which is used during the period beginning immediately after the 55-month period and ending with the day on which the person becomes a candidate at that election.
Election expenses incurred as mentioned in subsection (1) must not in the aggregate exceed the permitted amount, which is the relevant percentage of the following sum—
for a candidate at an election in a county constituency, £40,220 plus 12p for every entry in the register of electors;
for a candidate at an election in a borough constituency, £40,220 plus 8p for every entry in the register of electors.
The relevant percentage is— For the purposes of this subsection, the “56th month” of a Parliament is the month beginning immediately after the 55-month period; and so on.
100% where the dissolution was during ... the 60th month of the Parliament;
90% where the dissolution was during its 59th month;
80% where the dissolution was during its 58th month;
70% where the dissolution was during its 57th month;
60% where the dissolution was during its 56th month.
In subsection (2) above “the register of electors” means the register of parliamentary electors for the constituency in question as it has effect on the last day for publication of notice of the election.
Where election expenses are incurred as mentioned in subsection (1) in excess of the permitted amount, any candidate or election agent who— shall be guilty of an illegal practice.
incurred, or authorised the incurring of, the election expenses, and
knew or ought reasonably to have known that the expenses would be incurred in excess of that amount,
The candidate's personal expenses do not count towards the permitted amount.
The Secretary of State may by order made by statutory instrument vary any of the sums to which this section applies—
where he considers that the variation is expedient in consequence of changes in the value of money, or
in order to give effect to a recommendation of the Electoral Commission.
This section applies to any of the sums for the time being specified in—
section 73(2) above;
section 74(1)(a), (b), (c) or (d) above;
section 75(1ZA) above; . . .
section 75A(5) above; or
section 76(2) above.
section 76ZA(2) above.
An order under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to the provisions of section 86 below, if a candidate or election agent fails to comply with the requirements of section 81 or section 82 above he shall be guilty of an illegal practice.
If, in the case of any candidate, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, that candidate shall not, after the expiry of that time, sit or vote in the House of Commons as member for the constituency for which the election was held until— and if he sits or votes in contravention of this subsection he shall forfeit £100 for every day on which he so sits or votes.
either that return and those declarations have been delivered, or
the date of the allowance of an authorised excuse for the failure to deliver that return and those declarations,
In the application of subsection (1) above to a candidate at a local government election—
the reference to sitting or voting in the House of Commons for the constituency for which the election was held shall be taken as a reference to sitting or voting in the council for the local government area for which the election was held; and
£50 shall be substituted for £100 and, instead of civil proceedings for a penalty, summary proceedings may be instituted under the Magistrates’ Courts Act 1980, or, in Scotland, in the sheriff court, and the person charged shall be liable on conviction to a fine not exceeding the amount of the penalty which would be recoverable in civil proceedings.
Civil proceedings for a penalty under this section shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.
As respects Authority elections—
subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);
in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and
in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.
For the purposes of subsection (3) above—
where the service or execution of the legal processon or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of a legal process shall be deemed to be a commencement of a proceeding; but,
where paragraph (a) does not apply, the service or execution of the legal process on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.
Subsections (3) and (4) above do not apply in Scotland.
A candidate or his election agent may apply for relief under this section to—
the High Court, except in relation to a local government election in Scotland;
an election court; or
the county court.
Relief under this section may be granted—
to a candidate, in respect of any failure to deliver the return and declarations as to election expenses, or any part of them, or in respect of any error or false statement in them; or
to an election agent, in respect of the failure to deliver the return and declarations which he was required to deliver, or any part of them, or in respect of any error or false statement in them.
Where a person makes an application under this section he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or any barrister, advocate, solicitor or authorised person duly appointed as the Director’s representative may attend the hearing of the application and make representations at the hearing in respect of it.
In subsection (1A) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).
The application for relief may be made on the ground that the failure, error or false statement arose— and not by reason of any want of good faith on the applicant’s part.
by reason of the applicant’s illness; or
where the applicant is the candidate, by reason of the absence, death, illness or misconduct of his election agent or sub-agent or of any clerk or officer of such agent; or
where the applicant is the election agent, by reason of the death or illness of any prior election agent of the candidate, or of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent of the candidate; or
by reason of inadvertence or any reasonable cause of a like nature,
The court may— make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.
after such notice of the application in the constituency or local government area, as the case may be, as it considers fit, and
on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit,
Where it is proved to the court by the candidate— the court shall relieve the candidate from the consequences of the act or omission of his election agent.
that any act or omission of the election agent in relation to the return and declarations was without the sanction or connivance of the candidate, and
that the candidate took all reasonable means for preventing the act or omission,
An order under subsection (4) above may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part of this Act.
An order under subsection (4) shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order.
The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse.
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one of the judges for the time being on the rota for the trial of parliamentary election petitions,
in Northern Ireland, one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
An appeal lies to the High Court from any order of a county court made by virtue of this section.
Where on an application under section 86 above it appears to the court that any person who is or has been an election agent or sub-agent has refused or failed to make such return, or to supply such particulars, as will enable the candidate and his election agent respectively to comply with the provisions of this Act as to the return or declarations as to election expenses, the court, before making an order under that section, shall order that person to attend before the court.
The court shall on the attendance of that person, unless he shows cause to the contrary, order him— as the court considers just, within such time, to such person and in such manner as it may direct, or may order him to be examined with respect to the particulars.
to make the return and declaration, or
to deliver a statement of the particulars required to be contained in the return,
If a person fails to comply with any order of the court under this section, the court may order him to pay a fine not exceeding the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale.
—At a parliamentary election or an Authority election—
the returning officer shall, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, publish in not less than two newspapers circulating in the constituency or electoral area for which the election was held, and shall send to each of the election agents, a notice of the time and place at which the returns and declarations (including the accompanying documents) can be inspected; but
if any return or declaration has not been received by the returning officer before the notice is dispatched for publication, the notice shall so state, and a like notice about that return or declaration, if afterwards received, shall within 10 days after the receipt be published in like manner and sent to each of the election agents other than the agent who is in default or is agent for the candidate in default.
Where the appropriate officer receives any return or declaration under section 75, 75A, 81 or 82 above he shall—
as soon as reasonably practicable after receiving the return or declaration make a copy of it, and any accompanying documents, available for public inspection at his office, or some other convenient place chosen by him, for a period of two years beginning with the date when the return is received by him;
if requested to do so by any person, and on payment of the prescribed fee, supply that person with a copy of the return or declaration and any accompanying documents.
After the expiry of those two years the appropriate officer—
may cause those returns and declarations (including the accompanying documents) to be destroyed, or
if the candidate or his election agent so require, shall return them to the candidate.
If any such return contains a statement of donations in accordance with paragraph 10 of Schedule 2A to this Act above, the appropriate officer shall secure that the copy of the statement made available for public inspection under subsection (1)(a) above or (as the case may be) supplied under subsection (1)(b) above does not include, in the case of any donation by an individual, the donor’s address.
Any returns or declarations delivered under section 75 or 75A shall be returned not to the candidate (if he or his election agent so require) but to the person delivering them, if he so requires.
In relation to an election of parish councillors in England or of community councillors in Wales—
section 76(1B) above and sections 90ZA(4) and 90C below have effect as if for the references to an election agent there were substituted references to any agent of the candidate;
sections 71A to 75 and 78 to 89 above, and Schedule 2A to this Act, do not apply, and instead the provisions of Schedule 4 to this Act have effect but the form of declaration as to election expenses shall be that prescribed by rules under section 36 or section 36A above relating to the election of parish or, as the case may be, community councillors, or a form to the like effect.
section 76A(2) has effect as if it referred, in substitution for the provisions set out in paragraphs (a) to (c) of that subsection, to paragraph 3 of Schedule 4 to this Act.
At an election under the local government Act which is not a local government election, sections 71A to 89 do not apply, and if a candidate at that election or any person on behalf of a candidate at that election knowingly pays any sum or incurs any expense, whether before, during or after that election, on account of or in respect of the conduct or management of the election he shall be guilty of an illegal practice.
If, in the case of any candidate at an election of the Mayor of London, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, the candidate shall, as respects that election, be disqualified from being elected or being the Mayor of London.
Any application under section 86 below by such a candidate for relief in respect of a failure to deliver the return and declarations as to election expenses must be made within the period of 6 weeks following the day on which the time limited for their delivery expires.
A disqualification under subsection (1) above shall not take effect unless or until—
the period specified in subsection (2) above for making an application for relief under section 86 below expires without such an application having been made; or
if such an application is made, the application—
is finally disposed of without relief being granted; or
is abandoned or fails by reason of non-prosecution.
Where the appropriate officer receives any return or declaration under section 75, 81 or 82 above in respect of — he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.
a parliamentary election, or
an election of the Mayor of London,
Where the appropriate officer receives any return or declaration under section 75, 81 or 82 in respect of any election other than one mentioned in subsection (1) above, he shall, if so requested by the Electoral Commission, deliver to them a copy of the return and any accompanying documents.
Where the appropriate officer receives any return or declaration under section 75A, 81 or 82 in respect of a local government election in Scotland, the appropriate officer must, if so requested by the Electoral Commission, deliver to the Commission a copy of—
the return or declaration, and
any accompanying documents.
At a local government election in Scotland, the returning officer must, within 10 days after the end of the time allowed for the delivery of returns as to election expenses—
publish a notice, in such manner as the returning officer considers appropriate, of the time and place at which the returns and declarations (including the accompanying documents) can be inspected, and
send a copy of the notice to each of the election agents.
If any return or declaration has not been received by the returning officer before the returning officer publishes a notice under subsection (1)(a), the returning officer must include in the notice a statement that the return or declaration has not been received.
If the return or declaration referred to in subsection (2) is received after the notice is published under subsection (1)(a), the returning officer must, within 10 days after the return or declaration is received—
publish a further notice, in such manner as the returning officer considers appropriate, of the time and place at which the late return or declaration (including the accompanying documents) can be inspected, and
send a copy of the further notice to each of the election agents other than the agent who delivered the late return or declaration or the agent for the candidate who delivered the late declaration.
In this Part of this Act “election expenses” in relation to a candidate at an election means (subject to subsection (2) below and section 90C below) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4A which is used for the purposes of the candidate's election after the date when he becomes a candidate at the election.
No election expenses are to be regarded as incurred by virtue of subsection (1) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4A.
In this section and in section 90C below, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.
For the purposes of this Part of this Act, election expenses are incurred by or on behalf of a candidate at an election if they are incurred —
by the candidate or his election agent, or
by any person authorised by the candidate or his election agent to incur expenses.
A reference in this Part of this Act to a candidate at an election, in relation to election expenses, includes (where the context allows) a reference to a person who becomes a candidate at the election after the expenses are incurred.
In this Part and in Part 3 of this Act, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.
Schedule 4A has effect.
This section does not apply to a local government election in Scotland.
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This section applies in relation to a local government election in Scotland.
In this Part of this Act, “election expenses”, in relation to a candidate at such an election, means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4B which is used—
for the purposes of the candidate’s election, and
after the date when the candidate becomes a candidate at the election.
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No election expenses are to be regarded as incurred by virtue of subsection (2) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4B.
In this section and in section 90C below, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.
For the purposes of this Part of this Act so far as applying to a local government election in Scotland, election expenses are incurred by or on behalf of a candidate at the election if they are incurred—
by the candidate or his election agent; or
by any person authorised by the candidate or his election agent to incur expenses.
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In this Part and in Part 3 of this Act so far as applying to a local government election in Scotland, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.
Sections 90ZA and 90C above shall have effect, in their application in relation to candidates at an election of London members of the London Assembly at an ordinary election, subject to the following modifications.
In relation to any such candidates included in a list of candidates submitted by a registered political party in connection with the election—
references to anything done by or on behalf of, or in relation to, a candidate at the election shall be construed as a reference to any such thing done by or on behalf of, or in relation to, all or any of the candidates on the list; and
“for the purposes of the candidate’s election” shall (instead of having the meaning given by section 90ZA(3) above) be construed as meaning with a view to, or otherwise in connection with promoting or procuring electoral success for the party, that is to say, the return at the election of all or any of the candidates on the list.
Section 90ZA above shall have effect with the substitution of the following subsection for subsection (6)—
In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)— must be provided to the candidate or his election agent.
by any person other than the candidate or his election agent, and
for the purpose of meeting election expenses incurred by or on behalf of the candidate,
Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).
A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.
Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.
In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.
A candidate at a parliamentary election is, subject to such reasonable terms and conditions as the universal postal service provider concerned may specify, entitled to send free of any charge for postage which would otherwise be made by a universal postal service provider either—
one unaddressed postal communication, containing matter relating to the election only and not exceeding 60 grammes in weight, to each place in the constituency which, in accordance with those terms and conditions, constitutes a delivery point for the purposes of this subsection; or
one such postal communication addressed to each elector.
He is also, subject as mentioned above, entitled to send free of any such charge for postage as mentioned above to each person entered in the list of proxies for the election one such communication as mentioned above for each appointment in respect of which that person is so entered.
A person shall not be deemed to be a candidate for the purposes of this section unless he is shown as standing nominated in the statement of persons nominated, but until the publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by the universal postal service provider concerned for the payment of postage should he not be shown as standing nominated as mentioned above.
The candidate may require the returning officer to make arrangements with the universal postal service provider for communications under subsection (1)(b) to be sent to persons who have anonymous entries in the register.
Arrangements under subsection (2A) shall be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.
For the purposes of this section “elector”—
means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and
includes a person then shown in that register (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) as below voting age if (but only if) it appears from the register (or from the record) that he will be of voting age on the day fixed for the poll.
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the British Broadcasting Corporation;
Sianel Pedwar Cymru; or
An offence under this section shall be an illegal practice, but the court before whom a person is convicted of an offence under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below.
Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—
that the act or omission took place without his consent or connivance; and
that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.
pending such an election it shall not be lawful for any item about the constituency or electoral area to be broadcast from a television or other wireless transmitting station in the United Kingdom if any of the persons who are for the time being candidates at the election takes part in the item and the broadcast is not made with his consent; and
where an item about a constituency or electoral area is so broadcast pending such an election there, then if the broadcast either is made before the latest time for delivery of nomination papers, or is made after that time but without the consent of any candidate remaining validly nominated, any person taking part in the item for the purpose of promoting or procuring his election shall be guilty of an illegal practice, unless the broadcast is so made without his consent.
The code for the time being adopted by a broadcasting authority under this section shall be either— and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
at a general election, with the date of the dissolution of Parliament or any earlier time at which Her Majesty's intention to dissolve Parliament is announced; or
at a by-election, with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975 ; and
a code drawn up by one or more other such authorities;
at an ordinary election, 5 weeks before the day fixed as the day of election in accordance with section 37 above or, in Scotland, section 43 above ; or
at an election to fill a casual vacancy, with the date of publication of notice of the election.
Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
The Office of Communications shall do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning— and ending with the close of the poll.
(if a parliamentary general election) with the date of the dissolution of Parliament ... ,
(if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or
(if a local government election) with the last date for publication of notice of the election,
In this section—
No person shall for the purpose of promoting or procuring the election of any candidate at a parliamentary election or a local government election to which this section applies issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and subsections (2) and (3) of section 92 above apply as if an offence under this section were an offence under that section.
This section applies to any local government election in relation to which rules made under section 36 or section 36A or, in Scotland, section 42 above require an official poll card to be sent to electors in a form prescribed by the rules.
Subject to the provisions of this section, a candidate at a parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use free of charge of reasonable times between the receipt of the writ and the day preceding the date of the poll of—
a suitable room in the premises of a school to which this section applies;
any meeting room to which this section applies.
This section applies— but a candidate is not entitled under this section to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this section applies.
in England and Wales, to community, foundation and voluntary schools of which the premises are situated in the constituency or an adjoining constituency, and
in Scotland, to any school of which the premises are so situated, not being an independent school within the meaning of the Education (Scotland) Act 1980.
For the purposes of subsection (1), the writ is to be taken to have been received—
in the case of a general election, on the day after the date of the dissolution of Parliament, and
in the case of a by-election, on the day after the date of the warrant for the writ.
This section applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.
Where a room is used for a meeting in pursuance of the rights conferred by this section, the person by whom or on whose behalf the meeting is convened—
shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and
shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.
A candidate is not entitled to exercise the rights conferred by this section except on reasonable notice; and this section does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.
The provisions of Schedule 5 to this Act have effect with respect to the rights conferred by this section and the arrangements to be made for their exercise.
For the purposes of this section (except those of paragraph (b) of subsection (4) above), the premises of a school shall not be taken to include any private dwelling . . ., and in this section—
the expression “meeting room” means any room which it is the practice to let for public meetings; and
the expression “room” includes a hall, gallery or gymnasium.
This section does not apply to Northern Ireland.
a suitable room in the premises of a school to which this section applies; or
a meeting room to which this section applies.
This section applies—
in England and Wales, to a community, foundation or voluntary school situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area) or in a parish or community, as the case may be, in part comprised in that electoral area; and
in Scotland, to any school (not being an independent school within the meaning of the Education (Scotland) Act 1980) situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area).
This section applies—
in England and Wales, to any meeting room situated in the electoral area for which the candidate is standing or in a parish or community, as the case may be, in part comprised in that electoral area, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable;
in Scotland, to any meeting room the expense of maintaining which is payable by a local authority.
Subsections (4), (5) and (7) of section 95 above and paragraph 1(1) of Schedule 5 to this Act shall apply for the purposes of this section as they apply for the purposes of that section, and any person stating himself to be, or to be authorised by, a candidate at a local government election in respect of an electoral area which falls (or partly falls) within a constituency, or his election agent, shall be entitled to inspect the lists prepared under Schedule 5 to this Act in relation to the constituency or a copy of them at all reasonable hours during the period beginning with the day on which notice of the election is published and ending with the day preceding the day of election.
A person who at a lawful public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.
This section applies to—
a political meeting held in any constituency between the date of the issue of a writ for the return of a member of Parliament for the constituency and the date at which a return to the writ is made;
a meeting held with reference to a local government election in the electoral area for that election in the period beginning with the last date on which notice of the election may be published in accordance with rules made under section 36 or section 36A or, in Scotland, section 42 above and ending with, the day of election.
If a constable reasonably suspects any person of committing an offence under subsection (1) above, he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, and— the constable may without warrant arrest him. This subsection does not apply in Northern Ireland.
if he refuses or fails so to declare his name and address or
if the constable reasonably suspects him of giving a false name and address,
The use of any premises for the holding of public meetings in furtherance of any person’s candidature at a parliamentary or local government election does not render any person liable to be rated or to pay any rate for the premises.
If acts as a candidate’s agent in the conduct or management of the election, he shall be guilty of an offence, but nothing in this subsection prevents a candidate from acting as his own election agent.
any returning officer at a parliamentary or local government election, or
any officer or clerk appointed under the parliamentary elections rules, or the rules under section 36 , section 36A or section 42 above, as the case may be, or
any partner or clerk of any such person,
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
No member of a police force shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy— wholly or partly within the police area.
at any parliamentary election for a constituency, or
at any local government election for any electoral area,
A person acting in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, but nothing in that subsection shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.
In this section references to a member of a police force and to a police area are to be taken in relation to Northern Ireland as references to a member of the Royal Ulster Constabulary and to Northern Ireland.
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A person shall not let, lend, or employ any public vehicle for the purpose of the conveyance of electors or their proxies to or from the poll at an election, and if he does so knowing that the public vehicle is intended to be used for that purpose he shall be guilty of an illegal hiring.
A person shall not hire, borrow or use for the purpose of the conveyance of electors or their proxies to or from the poll at an election any public vehicle the owner of which he knows to be prohibited by subsection (1) above from letting, lending or employing for that purpose, and if he does so he shall be guilty of an illegal hiring.
In this section " public vehicle " means any public stage or hackney carriage or any carriage kept or used for the purpose of letting out for hiring.
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the person making the payment or contract, and
if he knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract,
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Nothing in sections 101 and 102 above prevents a carriage being let, hired, employed or used by an elector or his proxy or several electors or their proxies at their joint cost, for the purpose of being conveyed to or from the poll.
No person shall be liable to pay any duty or to take out a licence for any carriage by reason only of the carriage being used without payment or promise of payment for the conveyance of electors or their proxies to or from the poll.
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" carriage " includes for the purposes of those sections— and any such vehicle as so described shall be deemed to be a public vehicle for the purposes of section 101 if used as such; and
any mechanically propelled vehicle intended or adapted for use on roads, and
any vehicle drawn by such a vehicle,
the provisions of those sections, except section 103(2), apply in relation to horses or other animals as they apply in relation to carriages, and any reference in section 101 to a public vehicle includes a reference to horses or other animals kept or used for drawing such vehicles.
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Where the nature of a county constituency is such that any electors or proxies for electors resident there are unable at a parliamentary election for that constituency to reach their polling place without crossing the sea or a branch or arm of the sea, nothing in this Act prevents the provision of means for conveying those electors or proxies by sea to their polling place,
The amount of any payment for such means of conveyance as are mentioned in subsection (1) above may be in addition to the maximum amount of expenses allowed by this Act.
No restriction on the expenses to be incurred by a returning officer shall prevent a returning officer employing special steamers or boats for the purposes of a parliamentary election in any constituency in Scotland having a polling place or polling places so situated as not to be accessible except by sea, but the expenses so incurred shall be included in the returning officer's account, and shall be subject to taxation.
A person who, or any director of any body or association corporate which— makes or publishes any false statement of fact in relation to the candidate’s personal character or conduct shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, that statement to be true.
before or during an election,
for the purpose of affecting the return of any candidate at the election,
A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed by his agent other than his election agent unless—
it can be shown that the candidate or his election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or
an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.
A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or the county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement shall be sufficient.
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Any person who, before or during an election, knowingly publishes a false statement of a candidate’s withdrawal at the election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice.
A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under subsection (5) above committed by his agent other than his election agent.
In the application of this section to an election where a candidate is not required to have an election agent, references to an election agent shall be omitted and the reference in subsection (6) above to an illegal practice committed by an agent of the candidate shall be taken as a reference to an illegal practice committed without the candidate’s knowledge and consent.
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one of the judges for the time being on the rota for the trial of parliamentary election petitions,
in Northern Ireland, one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.
If a person— he shall be guilty of an illegal hiring.
hires or uses any premises to which this section applies, or any part of them, for a committee room for the purpose of promoting or procuring the election of a candidate, or
lets any premises to which this section applies or any part of them knowing that it was intended to use them or that part as a committee room,
Where the election is an election under the local government Act, the reference in subsection (1) above to letting any premises or part of premises includes a reference to permitting the use of any premises or part of premises.
This section also applies— For the purposes of this section, the premises of a school shall be taken to include any dwelling house which forms part of the school and is occupied by a person employed for the purposes of the school.
in England and Wales, to the premises of all schools maintained or assisted by a local education authority and all other schools in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;
in Scotland, to the premises of all schools other than independent schools within the meaning of the Education (Scotland) Act 1980; and
in Northern Ireland, to the premises of all schools other than independent schools within the meaning of the Education and Libraries (Northern Ireland) Order 1972.
No payment or contract for payment shall for the purpose of promoting or procuring the election of a candidate at an election be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—
it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and
the payment or contract is made in the ordinary course of that business.
If any payment or contract for payment is knowingly made in contravention of this section either before, during or after an election— shall be guilty of an illegal practice.
the person making the payment or contract, and
if he knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract,
This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well).
print or publish, or cause to be printed or published, any bill, placard or poster having reference to an election or any printed document distributed for the purpose of promoting or procuring the election of a candidate, or
post or cause to be posted any such bill, placard or poster as mentioned above, or
distribute or cause to be distributed any printed document for that purpose,
No material to which this section applies shall be published unless—
in the case of material which is, or is contained in, such a document as is mentioned in subsection (4), (5) or (6) below, the requirements of that subsection are complied with; or
in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (7) below are complied with.
For the purposes of subsections (4) to (6) below the following details are “the relevant details” in the case of any material falling within subsection (2)(a) above, namely—
the name and address of the printer of the document;
the name and address of the promoter of the material; and
the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
Where the material is a printed document other than one to which subsection (4) above applies, the relevant details must appear either on the first or the last page of the document.
Where the material is an advertisement contained in a newspaper or periodical—
the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
the relevant details specified in subsection (3)(b) and (c) above must be included in the advertisement.
The Secretary of State may, after consulting the Electoral Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (2)(b) above of the following details, namely—
the name and address of the promoter of the material; and
the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
Regulations under subsection (7) above may in particular specify—
the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
circumstances in which—
any such requirement does not have to be complied with by a person of any description specified in the regulations, or
a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (11) and (12) below)— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
the promoter of the material,
any other person by whom the material is so published, and
the printer of the document,
Where any material falling within subsection (2)(b) above is published in contravention of subsection (2), then (subject to regulations made by virtue of subsection (8)(b) above and to subsections (11) and (12) below)— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
the promoter of the material, and
any other person by whom the material is so published,
It shall be a defence for a person charged with an offence under this section to prove—
that the contravention of subsection (2) above arose from circumstances beyond his control; and
that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (9) or (10) above, he shall instead be guilty of an illegal practice.
In this section—
For the purpose of determining whether any material is material such as is mentioned in subsection (1) above, it is immaterial that it does not expressly mention the name of any candidate.
If a person is, either before, during or after an election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a candidate’s election— shall be guilty of illegal employment.
the person so engaging or employing him, and
the person so engaged or employed,
This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at a local government election in Scotland (whether or not it can be so regarded as intended to achieve any other purpose as well).
No material to which this section applies is to be published unless—
in the case of material which is, or is contained in, such a document as is mentioned in subsection (4), (5) or (6) below, the requirements of that subsection are complied with; or
in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (7) below are complied with.
For the purposes of subsections (4) to (6) below the following details are “the relevant details” in the case of any material falling within subsection (2)(a) above, namely—
the name and address of the printer of the document;
the name and address of the promoter of the material; and
the name and address of any person on whose behalf the material is being published (and who is not the promoter).
Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
Where the material is a printed document other than one to which subsection (4) above applies, the relevant details must appear on either the first or the last page of the document.
Where the material is an advertisement contained in a newspaper or periodical—
the name and address of the printer of the newspaper or periodical must appear on either its first or last page; and
the relevant details specified in subsection (3)(b) and (c) above must be included in the advertisement.
The Scottish Ministers may by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (2)(b) above of the following details, namely—
the name and address of the promoter of the material; and
the name and address of any person on whose behalf the material is being published (and who is not the promoter).
Regulations under subsection (7) above may, in particular, specify—
the manner and form in which such details are to be included in any such material for the purpose of complying with any such requirement;
circumstances in which—
any such requirement does not have to be complied with by a person of any description specified in the regulations; or
a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
Regulations under subsection (7) may contain such incidental, supplemental, saving or transitional provision as the Scottish Ministers think fit.
A statutory instrument containing regulations under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.
Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (13) and (14) below)— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
the promoter of the material;
any other person by whom the material is so published; and
the printer of the document,
Where any material falling within subsection (2)(b) above is published in contravention of subsection (2), then (subject to regulations made by virtue of subsection (8)(b) above and to subsections (13) and (14) below)— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
the promoter of the material; and
any other person by whom the material is so published,
It shall be a defence for a person charged with an offence under this section to prove—
that the contravention of subsection (2) above arose from circumstances beyond his control; and
that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (11) or (12) above, he shall instead be guilty of an illegal practice.
In this section—
For the purpose of determining whether any material is material such as is mentioned in subsection (1) above, it is immaterial that it does not expressly mention the name of any candidate.
Where a person knowingly provides money— except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section 167 below to be an exception, that person shall be guilty of an illegal payment.
for any payment which is contrary to the provisions of this Act, or
for any expenses incurred in excess of the maximum amount allowed by this Act, or
for replacing any money expended in any such payment or expenses,
A person who is a political campaigner in respect of a relevant election commits an offence if the person handles a postal voting document that has been issued to another person for use in that election.
But a person who handles a postal voting document for use in a relevant election does not commit the offence if— and the handling is consistent with the person’s duties in that capacity.
the person is responsible for, or assists with, the conduct of that election (for example as a returning officer or a person working under the direction of a returning officer),
the person is engaged in the business of a postal operator, or
the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building,
Nor does a person commit the offence if the person—
is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or
provides regular care for, or is employed or engaged by an organisation which provides care for, the other person.
It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a relevant election.
Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
A person is guilty of a corrupt practice if the person—
commits the offence under subsection (1), or
aids, abets, counsels or procures the commission of that offence.
For the purposes of this section a person is a political campaigner in respect of a relevant election if any of the following paragraphs applies—
the person is a candidate at the election;
the person is an election agent of a candidate at the election;
the person is a sub-agent of a person within paragraph (b);
the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate;
the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election;
the person is employed or engaged by a registered political party in connection with the party’s political activities;
the person is employed or engaged by a person within any of paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election;
the person is employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the election.
In this section—
For the purposes of this section, an envelope— is to be treated as if it were a postal voting document that has been issued to the person for use in the election.
that is not a postal voting document, but
that contains a postal ballot paper, postal voting statement or declaration of identity that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election,
In this section, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment.
For the purposes of subsection (3)(a), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.
A person shall be guilty of a corrupt practice if he is guilty of bribery.
A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at any election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.
The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid or on account of any legal expenses incurred in good faith at or concerning an election.
A voter shall be guilty of bribery if before or during an election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.
A person shall be guilty of bribery if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
In this section the expression “voter” includes any person who has or claims to have a right to vote.
A person shall be guilty of a corrupt practice if he is guilty of treating.
A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—
for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
Every elector or his proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.
A person shall be guilty of a corrupt practice if he is guilty of undue influence in relation to an election in Scotland ... under the local government Act.
A person shall be guilty of undue influence in relation to an election in Scotland ... under the local government Act—
if he, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or
if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents , or intends to impede or prevent, the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon , or intends so to compel, induce or prevail upon, an elector or proxy for an elector either to vote or to refrain from voting.
A person is guilty of a corrupt practice if the person is guilty of undue influence.
A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of—
inducing or compelling a person to vote in a particular way or to refrain from voting, or
otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.
A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of subsection (4) on account of—
a person having voted in a particular way or refrained from voting, or
P assuming a person to have voted in a particular way or to have refrained from voting.
The following activities fall within this subsection—
using or threatening to use violence against a person;
damaging or destroying, or threatening to damage or destroy, a person’s property;
damaging or threatening to damage a person’s reputation;
causing or threatening to cause financial loss to a person;
causing spiritual injury to, or placing undue spiritual pressure on, a person;
doing any other act designed to intimidate a person;
doing any act designed to deceive a person in relation to the administration of an election.
For the purposes of subsections (2) and (3) an activity is carried out by a person (“P”) if it is carried out—
by P,
by P jointly with one or more other persons, or
by one or more other persons on behalf of P and with P’s authority or consent.
In subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).
This section does not have effect in relation to an election in Scotland ... under the local government Act.
The provisions of this Part of this Act prohibiting— do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Act.
payments and contracts for payments,
the payment or incurring of election expenses in excess of the maximum amount allowed by this Act, or
the incurring of expenses not authorised by the election agent,
Where a person has been declared by others to be a candidate at a parliamentary election without his consent, nothing in this Part of this Act shall be construed to impose any liability on that person, unless he has afterwards given his assent to the declaration or has been nominated.
Nothing in this Part makes it illegal for an employer to permit parliamentary electors or their proxies to absent themselves from his employment for a reasonable time for the purpose of voting at the poll at a parliamentary election without having any deduction from their salaries or wages on account of their absence, if the permission— but this subsection shall not be construed as making illegal any act which would not be illegal apart from this subsection.
is (so far as practicable without injury to the employer’s business) given equally to all persons alike who are at the time in his employment, and
is not given with a view to inducing any person to record his vote for any particular candidate at the election, and
is not refused to any person for the purpose of preventing him from recording his vote for any particular candidate at the election,
In this Part of this Act, unless the context otherwise requires—
Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part of this Act is any of the days mentioned in subsection (2) below—
the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and
in computing any period of not more than 7 days for the purposes of this Part any of the days so mentioned shall be disregarded.
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 (but, in relation to a parliamentary general election, excluding any day to which rule 2 of the parliamentary elections rules does not apply by virtue of rule 2(2A)).
a Sunday;
a day of the Christmas break, of the Easter break, or of a bank holiday break; and
a day appointed for public thanksgiving or mourning.
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.
References to a candidate in this Part of this Act shall be construed in accordance with this section (except where the context otherwise requires).
A person becomes a candidate at a parliamentary election—
on the date of— in consequence of which the writ for the election is issued if on or before that date he is declared by himself or by others to be a candidate at the election, and
the dissolution of Parliament, or
in the case of a by-election, the occurrence of the vacancy,
otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier).
A person becomes a candidate at an election under the local government Act— or, in the case of a person included in a list of candidates submitted by a registered political party in connection with an election of the London members of the London Assembly at an ordinary election, on the day on which the list is submitted by the party.
on the last day for publication of notice of the election if on or before that day he is declared by himself or by others to be a candidate at the election, and
otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier),
No parliamentary election and no return to Parliament shall be questioned except by a petition complaining of an undue election or undue return (“a parliamentary election petition”) presented in accordance with this Part of this Act.
A petition complaining of no return shall be deemed to be a parliamentary election petition and the High Court—
may make such order on the petition as they think expedient for compelling a return to be made; or
may allow the petition to be heard by an election court as provided with respect to ordinary election petitions.
A Parliamentary election petition may be presented by one or more of the following persons—
a person who voted as an elector at the election or who had a right so to vote; or
a person claiming to have had a right to be elected or returned at the election ; or
a person alleging himself to have been a candidate at the election.
The member whose election or return is complained of is hereinafter referred to as the respondent, but if the petition complains of the conduct of a returning officer, the returning officer shall for the purposes of this Part of this Act be deemed to be a respondent.
The reference in subsection (1)(a) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors.
The petition shall be in the prescribed form, state the prescribed matters and be signed by the petitioner, or all the petitioners if more than one, and shall be presented to the High Court, or to the Court of Session, or to the High Court of Northern Ireland, depending on whether the constituency to which it relates is in England and Wales, or Scotland or Northern Ireland.
The petition shall be presented by delivering it to the prescribed officer or otherwise dealing with it in the prescribed manner; and the prescribed officer shall send a copy of it to the returning officer of the constituency to which the petition relates, who shall forthwith publish it in that constituency.
The petition shall be served in such manner as may be prescribed.
Subject to the provisions of this section, a parliamentary election petition shall be presented within 21 days after the return has been made to the Clerk of the Crown, or to the Clerk of the Crown for Northern Ireland, as the case may be, of the member to whose election the petition relates.
If the petition questions the election or return upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by the member or on his account or with his privity since the time of that return in pursuance or in furtherance of the alleged corrupt practice, it may be presented within 28 days after the date of the payment.
A petition questioning the election or return upon an allegation of an illegal practice may, so far as respects that illegal practice, be presented—
within 21 days after the day specified in subsection (4) below; or
if specifically alleging a payment of money or some other act to have been made or done since the day so specified by the member to whose election the petition relates or an agent of his, or with the privity of that member or his election agent, in pursuance or in furtherance of the alleged illegal practice, within 28 days after the date of the payment or other act.
The day referred to in subsection (3) above is the tenth day after the end of the time allowed for delivering to the returning officer returns as to election expenses at the election or, if later—
that on which the returning officer receives the return and declarations as to election expenses by that member and his election agent; or
where the return and declarations are received on different days, the last of those days; or
where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the excuse, or if there was a failure as regards two or more of them, and the excuse was allowed at different times, the date of the allowance of the last excuse.
An election petition presented within the time limited by subsection (1) or subsection (2) above may, for the purpose of questioning the election or return upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition questioning the election upon the allegation of that illegal practice could be presented under subsection (3).
Subsections (3), (4) and (5) above apply—
notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice; and
to a corrupt practice under section 75 above, as if it were an illegal practice.
For the purposes of this section, an allegation that an election is avoided under section 164 below shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.
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by one of the judges for the time being on the rota for the trial of parliamentary election petitions,
in Northern Ireland, by one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
A parliamentary election petition shall be tried by— and the judges presiding at the trial of a parliamentary election petition are hereinafter referred to as the election court.
two judges on the rota for the trial of parliamentary election petitions, and the judges for the time being on that rota shall, unless they otherwise agree, try the election petitions standing for trial according to their seniority,
in Northern Ireland, the two judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
The election court has, subject to the provisions of this Act, the same powers, jurisdiction and authority as a judge of the High Court (or, in Scotland, a judge of the Court of Session presiding at the trial of a civil cause without a jury) and shall be a court of record.
The place of trial shall be within the constituency for which the election was held, but—
the High Court may, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial; and
if that constituency is wholly or partly in Greater London, the petition may be heard at such place within Greater London as the High Court may appoint.
The election court may adjourn the trial from one place to another within the constituency.
In relation to the trial of a parliamentary election petition—
in England and Wales and Northern Ireland, the travelling and other expenses of the judges and all expenses properly incurred in . . . providing them with necessary accommodation and with a proper court shall be defrayed by the Treasury out of moneys provided by Parliament;
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if the petition relates to a county constituency, by the sheriff; and
if the petition relates to a borough constituency, by the sheriff of the county or county borough which includes the constituency or the greater part of the constituency, or by a person named by that sheriff.
In relation to the trial of a parliamentary election petition in Scotland—
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the travelling and other expenses of the judges, and of the officer or officers in attendance on them, and all expenses properly incurred in providing the judges with a proper court shall be defrayed by the Treasury out of moneys provided by Parliament
The shorthand writer of the House of Commons or his deputy shall attend the trial and shall be sworn by one of the judges of the election court faithfully and truly to take down the evidence given at the trial and from time to time as occasion requires to transcribe that evidence or cause it to be transcribed.
The shorthand writer shall take down the evidence and from time to time transcribe it or cause it to be transcribed and a copy of the evidence shall accompany the certificate given by the election court to the Speaker.
In Scotland . . . the expenses of the shorthand writer shall be deemed to be part of the expenses incurred under section 125 above.
An election under the local government Act may be questioned on the ground that the person whose election is questioned— or on the ground that the election was avoided by corrupt or illegal practices or on the grounds provided by section 164 or section 165 below, and shall not be questioned on any of those grounds except by an election petition.
was at the time of the election disqualified, or
was not duly elected,
A petition questioning an election under the local government Act may be presented either by four or more persons who voted as electors at the election or had a right so to vote, or by a person alleging himself to have been a candidate at the election.
A person whose election is questioned by the petition, and any returning officer of whose conduct the petition complains, may be made a respondent to the petition.
The reference in subsection (1) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors.
Subsection (1A) does not apply to a local government election in Scotland.
The petition shall be in the prescribed form signed by the petitioner and shall be presented in the prescribed manner—
in England and Wales, to the High Court;
in Scotland, to the sheriff principal of the sheriffdom in which the election took place or, where the election was in respect of a local authority whose area is situated within more than one sheriffdom, to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.
In England and Wales the prescribed officer shall send a copy of the petition to the proper officer of the authority for which the election was held, who shall forthwith publish it in the area of that authority.
Subject to the provisions of this section, a petition questioning an election under the local government Act shall be presented within 21 days after the day on which the election was held.
If the petition complains of the election— it may be presented at any time within 28 days after the date of the alleged payment or promise, whether or not any other petition against that person has been previously presented or tried.
on the ground of a corrupt practice, and
specifically alleges that a payment of money or other reward has been made or promised since the election by a candidate elected at the election, or on his account or with his privity, in pursuance or furtherance of that corrupt practice,
If the petition complains of the election— it may be presented at any time within 28 days after the date of that payment or act, whether or not any other petition against that person has been previously presented or tried.
on the ground of an illegal practice, and
specifically alleges a payment of money or other act made or done since the election by the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent, in pursuance or in furtherance of that illegal practice,
If the petition complains of an election where election expenses are allowed on the ground of an illegal practice, it may be presented at any time within 14 days after the day specified in subsection (5) below.
The day referred to in subsection (4) above is—
that on which the appropriate officer receives the return and declarations as to election expenses by that candidate and his election agent; or
where the return and declarations are received on different days, the last of those days; or
where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the excuse, or if there was a failure as regards two or more of them and the excuse was allowed at different times, the date of the allowance of the last excuse.
An election petition presented within the time limited by subsection (1) or subsection (2) above may for the purpose of complaining of the election upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition complaining of the election on the ground of that illegal practice could, under this section, be presented. In the application of this subsection to an election of councillors in Scotland, the reference in this subsection to subsection (2) above shall be omitted and for the reference to the High Court there shall be substituted a reference to the election court or the sheriff.
Subsections (3), (4), (5) and (6) above apply—
notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice; and
to a corrupt practice under section 75 or 75A above as if it were an illegal practice.
For the purposes of this section, an allegation that an election is avoided under section 164 below shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.
In relation to an election where candidates are not required to have election agents there shall be omitted—
the references in subsection (3) and paragraph (a) of subsection (5) above to an election agent; and
paragraphs (b) and (c) of subsection (5).
A petition questioning an election in England and Wales under the local government Act shall be tried by an election court consisting of a person qualified and appointed as provided by this section.
A person shall not be qualified to constitute an election court—
unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
if the court is for the trial of an election petition relating to any local government area in which he resides.
in which he resides; or
which is included in a circuit on which he practises as a barrister.
The judges for the time being on the rota for the trial of parliamentary election petitions, or any two of those judges—
may annually appoint as many qualified persons, not exceeding five, as they may think necessary as commissioners for the trial of petitions questioning elections in England and Wales under the local government Act; and
shall from time to time assign the petitions to be tried by each commissioner.
If the commissioner to whom the trial of a petition is assigned dies, or declines to act or becomes incapable of acting, those judges or two of them may assign the trial to be conducted or continued by any other of the commissioners appointed under this section.
The election court has for the purposes of the trial the same powers and privileges as a judge on the trial of a parliamentary election petition.
The place of trial shall be within the area of the authority for which the election was held, except that the High Court may, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial.
The election court may in its discretion adjourn the trial from one place to another within the local government area or place where it is held.
The proper officer of the authority for which the election was held shall provide suitable accommodation for holding the election court constituted under section 130 above and any expenses incurred by him for the purposes of this section and section 132 below shall be paid by that authority.
The election court so constituted may employ officers and clerks as prescribed, and all constables and bailiffs shall give their assistance to the court in the execution of its duties.
A shorthand writer (whose expenses, according to a prescribed scale, shall be treated as part of the expenses incurred in receiving the election court) shall attend the trial before that court, and— and a transcript of the notes of the evidence taken down by him shall, if the election court so directs, accompany the court’s certificate.
shall be sworn by the court faithfully and truly to take down the evidence given at the trial, and
shall take down such evidence at length,
The remuneration and allowances to be paid to the commissioner for his services in respect of that trial and to any officers, clerks or shorthand writers employed under section 131 above in relation to that trial shall be fixed by a scale made and varied by the judges on the rota for the trial of parliamentary election petitions, with the Treasury’s approval.
The remuneration and allowances shall be paid in the first instance by the Treasury and shall be repaid to the Treasury on their certificate by the authority for which the election was held.
The order so made for the repayment of any sum by a petitioner or respondent may be enforced as an order for payment of costs, but a deposit made or a security given under this Part of this Act shall not be applied for any such repayment until all costs and expenses payable by the petitioner or respondent to any party to the petition have been satisfied.
An election petition questioning an election of councillors in Scotland, and all proceedings incidental to and consequent on it, except as otherwise provided, shall be tried—
by the sheriff principal of the sheriffdom within which the challenged election took place; or
where the election was in respect of a local authority whose area is situated within more than one sheriffdom, by the sheriffs principal of the sheriffdoms in which the area of the authority is situated; and where in such a case the sheriffs principal are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs principal to make.
The election court has for the purposes of the trial the same powers and privileges as a judge on the trial of a parliamentary election petition, except that any fine or order of committal unless imposed or made by the Court of Session in consequence of a case stated under subsection (1) above may, on summary application by the person aggrieved, be discharged or varied by the Court of Session, or in vacation by the judge acting as vacation judge on such terms, if any, as the Court of Session or judge may think fit.
The place of trial shall be such place within the sheriffdom or sheriffdoms in which the area of the local authority is situated as the election court may determine.
The election court may in its discretion adjourn the trial from one place to another within that sheriffdom or those sheriffdoms.
The travelling and other expenses of the sheriff principal incurred by him in the execution of his duties under this Part of this Act shall be paid by the authority for which the election was held, but the election court may order repayment of those expenses to that authority by the parties to the petition or any of them, in such proportion as shall to the court seem proper.
A shorthand writer shall attend at the trial of the petition, and shall be sworn by the election court faithfully and truly to take down the evidence given at the trial, and he shall take down the evidence at length.
Where on a petition questioning an election under the local government Act— a new election shall be held to fill the vacancy in the same manner as on a casual vacancy.
the election of any person has been declared void, and
no other person has been declared elected in his place,
For the purposes of that election any duties to be performed by any officer shall, if he has been declared not elected, be performed by a deputy or other person who might have acted for him if he had been incapacitated by illness.
Subsection (1) above shall not apply in the case of an election of the London members of the London Assembly at an ordinary election (for which separate provision is made by section 135A below).
This section does not apply to Scotland.
This section applies where the election court has made a determination under section 145 below at the conclusion of the trial of a petition questioning the election of the London members of the London Assembly at an ordinary election.
Where, pursuant to section 145(6) below, the proper officer of the Greater London Authority receives the copy of the certificate of the election court’s determination in relation to the election which was questioned, he shall send notice of the determination to the Greater London returning officer.
If the election is not declared void but— the vacancy shall be filled (or, as the case may be, remain unfilled) as if it were a casual vacancy (see section 11 of the Greater London Authority Act 1999).
the return of a candidate at the election is declared void, and
no other person has been declared returned in his place,
If the election is declared void, a new election shall be held in the same manner as at an ordinary election.
The date of the poll at the new election shall be fixed by the Greater London returning officer.
The date fixed shall be no later than three months after the receipt by the Greater London returning officer of the notice under subsection (2) above.
A new election shall not be held if the latest date which may be fixed for the poll falls within the period of three months preceding an ordinary election.
If the determination of the election court is that the election is void, the Greater London returning officer shall inform the returning officer for each Assembly constituency of—
the contents of the notice under subsection (2) above; and
the date fixed for the poll at the new election.
The results of the elections of the constituency members of the London Assembly at the last ordinary election shall have effect for the purposes of ascertaining the results of the new election.
At the time of presenting an election petition or within three days afterwards the petitioner shall give security for all costs which may become payable by him to any witness summoned on his behalf or to any respondent.
Within the prescribed time after giving the security the petitioner shall serve on the respondent in the prescribed manner—
a notice of the presentation of the petition and of the amount and nature of the security, and
a copy of the petition.
Within a further prescribed time, . . . the respondent may object in writing to any recognisance on the ground that any surety is insufficient or is dead or cannot be found or ascertained for want of a sufficient description in the recognisance, or that a person named in the recognisance has not duly acknowledged the recognisance.
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in subsection (3) above, the service shall be in the prescribed manner;
in that subsection and subsection (4) above, the periods mentioned shall be five days and not as prescribed.
An objection to a recognisance shall be decided in the prescribed manner.
If the objection is allowed, the petitioner may within a further prescribed time . . . , remove it by a deposit in the prescribed manner of such sum of money as will, in the opinion of the court or officer having cognisance of the matter, make the security sufficient.
If no security is given as required by this section or any objection is allowed and not removed as mentioned above, no further proceedings shall be had on the petition.
on the expiry of the time limited for objections ; or
The petition shall be at issue as from the relevant time, as defined by subsection (2) below.
In this section “the relevant time” means—
where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and
in any other case, the time when— whichever happens later.
the time prescribed for the making of objections under section 136(4) above expires, or
if such an objection is made, that objection is disallowed or removed,
if an objection is made, on that objection being disallowed or removed, whichever happens last.
The prescribed officer shall— and the petitions questioning elections under the local government Act shall be in a separate list . . ..
as soon as may be, make out a list of all election petitions at issue presented to the court of which he is officer, placing them in the order in which they were presented, and
keep at his office a copy of the list, open to inspection in the prescribed manner,
The petitions shall, so far as convenient, be tried in the order in which they stand in the list.
In the case of a petition questioning an election under the local government Act, two or more candidates may be made respondents to the same petition, and their cases may be tried at the same time, but for the purposes of this Part of this Act the petition shall be deemed to be a separate petition against each respondent.
Where more petitions than one are presented relating to the same election or to elections under the local government Act held at the same time for more than one electoral area in the same local government area, all those petitions shall be bracketed together in the election list and shall be dealt with as one petition, standing, unless the High Court otherwise direct, in the election list in the place where the last of them would have stood if it had been the only petition presented.
Subsections (1), (2) and (4) above do not apply in relation to petitions questioning an election of councillors in Scotland but where two or more of those petitions are presented relating to the same election they shall be tried together.
An election petition shall be tried in open court, without a jury, and notice of the time and place of trial shall be given in the prescribed manner, not less than, in the case of a parliamentary election petition, 14 days and in any other case, seven days, before the day of trial.
The election court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion.
The trial of a parliamentary election petition shall be proceeded with notwithstanding the acceptance by the respondent of an office vacating his seat in Parliament and notwithstanding the prorogation of Parliament; and the trial of a petition questioning an election under the local government Act shall be proceeded with notwithstanding that the respondent has ceased to hold the office his election to which is questioned by the petition.
On the trial of a petition, unless the court otherwise directs, any charge of a corrupt practice may be gone into, and evidence in relation to it received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt practice. In relation to an election in England and Wales under the local government Act, this subsection applies as if corrupt practices included illegal practices.
On the trial of a petition complaining of an undue election and claiming the seat or office for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if he had presented a petition against the election of that person.
If the petition relates to an election conducted under the parliamentary elections rules or the rules under section 36 , section 36A or section 42 above and it appears that there is an equality of votes between any candidates at the election, and that the addition of a vote would entitle any of those candidates to be declared elected then—
any decision under the provisions as to equality of votes in the parliamentary elections rules or the rules under section 36 , section 36A or section 42, as the case may be, shall in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
in so far as that question is not determined by such a decision, the court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
Witnesses shall be summoned and sworn in the same manner as nearly as circumstances admit as in an action tried in the High Court, but this subsection does not apply to Scotland in relation to an election of councillors.
On the trial a member of the election court may, by order signed by him, require any person who appears to him to have been concerned in the election to attend as a witness, and any person refusing to obey the order shall be guilty of contempt of court.
The election court may examine any person so required to attend or who is in court although he is not called and examined by any party to the petition.
A witness may, after his examination by the court, be cross-examined by or on behalf of the petitioner and respondent, or either of them.
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The Director of Public Prosecutions shall without any direction from the court cause any person appearing to him to be able to give material evidence as to the subject of the trial to attend the trial and shall, with the leave of the court, examine him as a witness.
Subsection (6) above does not apply to Scotland, and in Scotland one of the deputes of the Lord Advocate or the procurator fiscal of the district may, if the Lord Advocate so decides, and shall, if the election court so requests attend the trial of the petition as part of his official duty . . ..
A person called as a witness respecting an election before any election court shall not be excused from answering any question relating to any offence at or connected with the election—
on the ground that the answer to it may incriminate or tend to incriminate—
that person or that person’s spouse or civil partner, , or
in Scotland, that person; or
on the ground of privilege.
An answer by a person to a question put by or before any election court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against—
that person or that person’s spouse or civil partner, ; or
in Scotland, that person.
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The giving or refusal to give a certificate of indemnity to a witness by an election court trying a petition questioning an election under the local government Act shall be final and conclusive.
Where a person has received a certificate of indemnity under section 141 above in relation to an election, and any legal proceeding is at any time instituted against him for— the court having cognizance of the case shall on production of the certificate stay the proceeding, and may in their discretion award to that person such costs as he may have been put to in the proceeding.
any corrupt or illegal practice committed by him previously to the date of the certificate at or in relation to the election, or
any illegal payment, employment or hiring so committed, or
any offence under section 99(1) or section 110 above or section 149 below, so committed,
Nothing in this section, and sections 140 and 141 above, and section 143 below, shall be deemed to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceedings to enforce that incapacity (other than a criminal prosecution).
The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition, according to the scale allowed to witnesses on the trial of civil actions, may be allowed to him by a certificate of the election court or of the prescribed officer.
If the witness was called and examined by virtue of section 140(2) above, the expenses referred to in subsection (1) above shall be deemed part of the expenses of providing a court, but otherwise they shall be deemed costs of the petition. This subsection does not apply to Scotland in relation to an election of councillors.
At the conclusion of the trial of a parliamentary election petition, the election court shall determine whether the member whose election or return is complained of, or any and what other person, was duly returned or elected or whether the election was void, and the determination so certified shall be final to all intents as to the matters at issue on the petition.
The election court shall forthwith certify in writing the determination to the Speaker.
If the judges constituting the election court—
differ as to whether the member whose election or return is complained of was duly elected or returned, they shall certify that difference and the member shall be deemed to be duly elected or returned;
determine that the member was not duly elected or returned but differ as to the rest of the determination, they shall certify that difference and the election shall be deemed to be void.
Where any charge is made in the petition of any corrupt or illegal practice having been committed at the election the court shall, in addition to giving a certificate, and at the same time, make a report to the Speaker as required by sections 158 and 160 below and also stating whether corrupt or illegal practices have, or whether there is reason to believe that corrupt or illegal practices have, extensively prevailed at the election.
The election court may at the same time make a special report to the Speaker as to matters arising in the course of the trial an account of which in the judgment of the court ought to be submitted to the House of Commons.
Every report sent to the Speaker under this section shall be signed by both judges of the election court and if the judges differ as to the subject of the report, they shall certify that difference and make no report on the subject on which they so differ.
The House of Commons, on being informed by the Speaker of a certificate and any report of an election court, shall order the certificate and report (if any) to be entered in their journals and shall give the necessary direction— and where the court make a special report, the House of Commons may make such order in respect of that report as they think proper.
for confirming or altering the return, or
for issuing a writ for a new election, or
for carrying the determination into execution as the circumstances may require,
At the conclusion of the trial of a petition questioning an election under the local government Act, the election court shall determine whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void, and the determination so certified shall be final to all intents as to the matters at issue on the petition.
The election court shall forthwith certify in writing the determination to the High Court.
In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from “shall determine” to “void,” there shall be substituted “shall determine whether—
the person or persons whose return is complained of were duly returned,
some other person or persons should have been declared to be returned, or
the election was void, ”.
Where a charge is made in the petition of any corrupt or illegal practice having been committed at the election the court shall, in addition to giving a certificate, and at the same time, make a report in writing to the High Court as required by sections 158 and 160 below and also stating whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election in the area of the authority for which the election was held or in any electoral area of that authority’s area.
The election court may at the same time make a special report to the High Court as to matters arising in the course of the trial an account of which in the judgment of the court ought to be submitted to the High Court.
A copy of any certificate or report made to the High Court shall be sent by the High Court to the Secretary of State.
The High Court shall by the signatures of two or more of its judges certify a copy of the certificate mentioned in subsection (5) above to the proper officer of the authority for which the election was held.
The foregoing provisions of this section, except subsection (1) above, do not apply to Scotland, but where in a petition questioning an election of councillors in Scotland a charge is made of any corrupt or illegal practice having been committed at the election, the court—
shall determine the matters mentioned in sections 158 and 160 below; and
shall also determine whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election and whether illegal practices, payments, employments or hirings committed in reference to the election for the purpose of promoting the election of a candidate at the election have or have not so extensively prevailed that they may be reasonably supposed to have affected the result of the election.
If, on the application of any party to a petition made in the prescribed manner to the High Court, it appears to the High Court that the case raised by the petition can be conveniently stated as a special case, the High Court may direct it to be stated accordingly and the special case shall be heard before the High Court.
In the case of a parliamentary election petition, the High Court shall certify to the Speaker its decision on the special case.
In the case of a petition questioning an election in England and Wales under the local government Act, a statement of the decision on the special case shall be sent by the High Court to the Secretary of State and the High Court shall by the signatures of two or more of its judges also certify that statement to the proper officer of the authority for which the election was held.
If it appears to the election court on the trial of an election petition that any question of law as to the admissibility of evidence or otherwise requires further consideration by the High Court, the election court may postpone the granting of a certificate until the question has been determined by the High Court, and for this purpose may reserve the question by stating a case for the decision of the High Court. In the application of this subsection to Northern Ireland the references to the High Court are to the Court of Appeal.
In Scotland the decision of the Court of Session on a special case under subsection (1) above shall be final and in the case of a petition questioning an election of councillors in Scotland, the application under subsection (1) for a direction for the statement of a case for the Court of Session shall be made to the election court.
This section applies where the election court makes a determination under section 145 above in respect of— and the conditions in subsections (2) and (3) below are satisfied.
the election of the Mayor of London, or
the election of a constituency member of the London Assembly,
The first condition is that the determination of the election court is—
that the person whose election is complained of was not duly elected; or
that the election was void.
The second condition is that the return of that person at that election was taken into account for the purpose of deciding which persons were to be returned as London members of the London Assembly.
Where this section applies, the validity of the return of the London members of the London Assembly shall not be affected by—
the determination of the election court; or
in a case falling within subsection (1)(b) above, the subsequent return of a person as the constituency member for the Assembly constituency concerned.
A petitioner shall not withdraw an election petition without the leave of the election court or High Court on special application, made in the prescribed manner and at the prescribed time and place. In the application of this subsection to a petition questioning an election of councillors in Scotland there shall be omitted the reference to the High Court.
The application shall not be made until the prescribed notice of the intention to make it has been given in the constituency or local government area to which the petition relates.
Where there are more petitioners than one, the application shall not be made except with the consent of all the petitioners.
If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent.
Before leave for the withdrawal of an election petition is granted, there shall be produced affidavits— but the High Court may on cause shown dispense with the affidavit of any particular person if it seems to the court on special grounds just so to do. In the application of this subsection to an election of councillors in Scotland, the reference to the High Court is to an election court, but, if the election was a local government election, the sheriff may act instead of the election court.
by all the parties to the petition and their solicitors, and
if the election was an election at which candidates are required to have election agents, by the election agents of all of those parties who were candidates at the election.
Each affidavit shall state that, to the best of the deponent’s knowledge and belief— but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.
no agreement or terms of any kind whatsoever has or have been made, and
no undertaking has been entered into, in relation to the withdrawal of the petition,
The affidavits of the applicant and his solicitor shall further state the ground on which the petition is sought to be withdrawn.
Copies of those affidavits shall be delivered to the Director of Public Prosecutions a reasonable time before the application for the withdrawal is heard, and the court— In the application of this subsection to an election of councillors in Scotland the references to the Director of Public Prosecutions include references to the procuratorfiscal.
may hear the Director of Public Prosecutions or his assistant or other representative . . . in opposition to the allowance of the withdrawal of the petition; and
shall have power to receive the evidence on oath of any person or persons whose evidence the Director of Public Prosecutions or his assistant, or other representative, may consider material.
Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.
Except in Scotland, the jurisdiction vested by subsection (1) above in the High Court in matters relating to parliamentary elections shall, subject to rules of court, be exercised— sitting either in court or at chambers, or may be exercised by a master of the Supreme Court in manner directed by and subject to appeal to those judges.
by one of the judges for the time being on the rota for the trial of parliamentary election petitions,
in Northern Ireland, by one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
On the hearing of the application for leave to withdraw, any person who might have been a petitioner in respect of the election may apply to the court to be substituted as a petitioner, and the court may, if they think fit, substitute him accordingly.
If the proposed withdrawal is in the opinion of the court the result of any agreement, terms or undertaking prohibited by section 149 above or induced by any corrupt bargain or consideration, the court may by order direct—
that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and
that, to the extent of the sum named in the security, the original petitioner and his sureties shall be liable to pay the costs of the substituted petitioner.
If the court does not so direct, then security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition and within the prescribed time after the order of substitution.
Subject to the above provisions, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.
In every case of the withdrawal—
of a parliamentary election petition, the court giving leave for the withdrawal shall make a report to the Speaker as required by subsection (2) below; and
by leave of the election court, of a petition questioning an election in England and Wales under the local government Act, that court shall make a report in writing to the High Court as so required.
The report shall state whether in the court’s opinion the withdrawal of the petition was— and, if so, shall state the circumstances attending the withdrawal.
the result of any agreement, terms or undertaking, or
in consideration of any payment, or in consideration that the seat or office should at any time be vacated or in consideration of the withdrawal of any other election petition or for any other consideration,
An election petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.
the abatement shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.
On the abatement the prescribed notice of it shall be given in the constituency or local government area to which the petition relates; and within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to the election court or High Court in the prescribed manner and in the prescribed time and place to be substituted as a petitioner; and the court may, if it thinks fit, substitute him accordingly.
Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.
In the application of this section to an election of councillors in Scotland the reference in subsection (3) above to the High Court shall be omitted, and the sheriff may act instead of the election court.
If before the trial of an election petition a respondent other than a returning officer— notice of any of those matters shall be given in the constituency or local government area to which the petition relates, and, within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to a member of the election court or to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed three.
gives the prescribed notice that he does not intend to oppose the petition or dies, or
where the petition questions a parliamentary election or return, is summoned to Parliament as a peer by a writ issued under the Great Seal of the United Kingdom or the House of Commons have resolved that his seat is vacant, or
where the petition questions an election under the local government Act, resigns or otherwise ceases to hold the office to which the petition relates,
The notice to be given under subsection (1) above in any local government area shall be such as may be prescribed.
A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings on the petition, and if the petition relates to a parliamentary election he shall not sit or vote in the House of Commons until the House of Commons has been informed of the report on the petition.
Where a respondent to a parliamentary election petition has given that notice in the prescribed time and manner, the High Court or either of the judges constituting the election court shall report that fact to the Speaker.
In the application of this section to an election of councillors in Scotland, the reference to the High Court shall be omitted and the sheriff may act instead of the election court.
All costs of and incidental to the presentation of an election petition and the proceedings consequent on it, except such as are by this Act otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportions as the election court or High Court may determine.
In particular— may be ordered to be defrayed by the parties by whom it has been incurred or caused whether or not they are on the whole successful.
any costs which in the opinion of the election court or High Court have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent, and
any needless expense incurred or caused on the part of the petitioner or respondent,
In the application of this section to Scotland, references to the High Court shall be omitted in relation to an election of councillors.
Subsection (2) below applies if a petitioner neglects or refuses— to pay to any person summoned as a witness on his behalf or to the respondent any sum certified to be due to that person or the respondent for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court, or, in Scotland, the election court.
in the case of a parliamentary election petition, for six months after demand, and
in the case of a petition questioning an election under the local government Act, for three months after demand,
“local government Act” means the Local Governance (Scotland) Act 2004 (asp 9);
Where upon the trial of an election petition it appears to the election court— the court may, subject to the provisions of subsection (5) below, make such order with respect to the whole or part of the costs of the petition as is mentioned in that subsection.
that a corrupt practice has not been proved to have been committed in reference to the election by or with the knowledge and consent of the respondent to the petition, and
that the respondent took all reasonable means to prevent corrupt practices being committed on his behalf,
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in the case of a parliamentary election, by the constituency for which the election was held ; and
in the case of an election under the local government Act, by the authority for which the election was held.
The Treasury shall— but that authority shall be entitled to the like contribution, if any, from any other local authority, and any such contribution shall be paid in like manner as if those costs were registration expenses, and the Treasury may recover any advance so made by deduction from any sums payable under Part I of this Act to that authority or in any other manner. In relation to Northern Ireland the reference to the authority liable to pay registration expenses shall be taken as a reference to the district council for the district in which the constituency is wholly or partly situated and, where more than one council is concerned, those costs shall be paid by them in such proportion as the Secretary of State may direct.
pay any costs ordered to be paid by a constituency under subsection (2) above, and
obtain repayment of the amount so paid from the authority liable to pay registration expenses for that constituency,
Where under subsection (3) above the Treasury pay any costs ordered to be paid by a constituency which is situated— the authority from which the Treasury are to obtain repayment of the amount under this section shall be the authority which appointed the registration officer who is acting returning officer for the constituency, and such contributions shall be made to that authority by any other local authority as the Secretary of State may direct.
partly in one district or London borough and partly in another, or
partly in a London borough and partly in the City and the Inner Temple and the Middle Temple,
In subsection (5) “authorised person” means a person (other than counsel or a solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).
If it appears to the court that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt practices, or to have encouraged or promoted extensive corrupt practices in reference to the election, the court may, after giving that person or those persons an opportunity of being heard by counsel, a solicitor or an authorised person and examining and cross-examining witnesses to show cause why the order should not be made—
order the whole or part of the costs to be paid by that person, or those persons or any of them, and
order that if the costs cannot be recovered from one or more of those persons they shall be paid by some other of those persons or by either of the parties to the petition.
Where any person appears to the court to have been guilty of a corrupt or illegal practice, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceeding before the court in relation to that offence or to that person to be paid by that person to such person or persons as the court may direct.
No appeal lies without the special leave of the High Court from the decision of the High Court on any question of law, whether on appeal or otherwise, under the foregoing provisions of this Part of this Act, and if leave to appeal is granted the decision of the Court of Appeal in the case shall be final and conclusive.
Subject to the provisions of this Act and of the rules made under it, the principles, practice and rules on which committees of the House of Commons used to act in dealing with election petitions shall be observed, so far as may be, by the High Court and election court in the case of election petitions, and in particular the principles and rules with regard to— shall be observed, as far as may be, in the case of a petition questioning an election under the local government Act as in the case of a parliamentary election petition.
agency,
evidence,
a scrutiny, and
declaring any person elected in place of any other person declared not to have been duly elected,
The High Court has, subject to the provisions of this Act, the same powers, jurisdiction and authority with respect to an election petition and the proceedings on it as if the petition were an ordinary action within its jurisdiction.
The duties to be performed in relation to parliamentary elections by the prescribed officer under this Part shall be performed by such one or more of the masters of the Senior Courts (Queen's Bench Division)) as the Lord Chief Justice may determine.
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The duties to be performed in relation to elections under the local government Act by the prescribed officer under this Part shall be performed by the prescribed officer of the High Court.
In the application of this section to Scotland, subsections (1) and (4) to (6) above and, in relation to elections of councillors, subsection (3) above, shall be omitted, but the duties to be performed in relation to parliamentary elections by the prescribed officer under this Part shall be performed by the Principal Clerk of Session.
Subsection (1) above does not apply in Northern Ireland and, in the application of subsections (4) and (5) to Northern Ireland, the references to the Lord Chief Justice are references to the Lord Chief Justice of Northern Ireland and the reference to any master of the Senior Courts (Queen's Bench Division) is a reference to an officer of the Court of Judicature of Northern Ireland.
The report of an election court under section 144 or section 145 above shall state whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of the corrupt or illegal practice.
For the purposes of sections 159 and 160 below—
if it is reported that a corrupt practice other than treating or undue influence was committed with the knowledge and consent of a candidate, he shall be treated as having been reported personally guilty of that corrupt practice, and
if it is reported that an illegal practice was committed with the knowledge and consent of a candidate at a parliamentary election, he shall be treated as having been reported personally guilty of that illegal practice.
The report shall also state whether any of the candidates has been guilty by his agents of any corrupt or illegal practice in reference to the election; but if a candidate is reported guilty by his agents of treating, undue influence or any illegal practice, and the court further reports that the candidate has proved to the court— then the candidate shall not be treated for the purposes of section 159 as having been reported guilty by his agents of the offences mentioned in the report. In relation to an election where candidates are not required to have election agents, for paragraphs (a) and (b) above the following paragraphs shall be substituted— .
that no corrupt or illegal practice was committed at the election by the candidate or his election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his election agent, and
that the candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election, and
that the offences mentioned in the report were of a trivial, unimportant and limited character, and
that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his agents,
If a candidate who had been elected is reported by an election court personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void.
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if reported personally guilty of a corrupt practice, for ten years;
if reported guilty by his agents of a corrupt practice or personally guilty of an illegal practice, for seven years;
if reported guilty by his agents of an illegal practice, during the Parliament for which the election was held.
A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland— and if at the date of the report he holds any such office, then the office shall be vacated as from that date.
for ten years, if reported personally guilty of a corrupt practice,
for three years, if reported guilty by his agents of a corrupt practice, or
during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,
The provisions of this section as to the consequences of the report that a candidate was guilty by his agents of a corrupt or illegal practice have effect subject to the express provisions of this Act relating to particular acts which are declared to be corrupt or illegal practices.
The report of the election court under section 144 or section 145 above shall state the names of all persons (if any) who have been proved at the trial to have been guilty of any corrupt or illegal practice . . . , but in the case of someone— the election court shall first cause notice to be given to him, and if he appears in pursuance of the notice shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why he should not be so reported.
who is not a party to the petition, or
who is not a candidate on behalf of whom the seat or office is claimed by the petition,
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The report shall be laid before the Director of Public Prosecutions.
Subject to the provisions of subsection (4A) and section 174 below, a candidate or other person reported by an election court personally guilty of a corrupt or illegal practice—
shall during the relevant period specified in subsection (5) below be incapable of—
being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain,
being elected to the House of Commons, or
holding any elective office; and
if already elected to a seat in the House of Commons, or holding any such office, shall vacate the seat or office as from the date of the report.
of holding any public or judicial office,
For the purposes of subsections (4) and (4B) above the relevant period is the period beginning with the date of the report and ending—
in the case of a person reported personally guilty of a corrupt practice, five years after that date, or
in the case of a person reported personally guilty of an illegal practice, three years after that date.
The incapacity imposed by subsection (4)(a)(i) above applies only to a candidate or other person reported personally guilty of a corrupt practice under section 60 , 62A , 62B or 112A above or of an illegal practice under section 61 above.
Subject to section 113(2) to (6) of the Electoral Law Act (Northern Ireland) 1962, a person reported by an election court personally guilty of a corrupt practice under paragraph 3 of Schedule 9 to that Act (undue influence)—
is, during the relevant period specified in subsection (5), incapable of being elected to the House of Commons, and
if already elected to a seat in the House of Commons, must vacate the seat as from the date of the report.
Without prejudice to the generality of the provisions of section 205(2) below, nothing in subsection (4) or subsection (5) above affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland.
The provisions of this section as to the consequences of the report that a candidate was guilty by his agents of a corrupt or illegal practice have effect subject to the express provisions of this Act relating to particular acts which are declared to be corrupt or illegal practices.
In subsection (4B) “election court” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130 of that Act); and section 94(2) of that Act (persons treated as reported personally guilty) applies also for the purposes of subsection (4B).
Subject . . . to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice—
shall for the period of five years beginning with the date of the report, be incapable of holding any public or judicial office in Scotland, and
if already holding such an office, shall vacate it as from that date.
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Where a justice of the peace is reported by an election court to have been guilty of any corrupt practice in reference to an election, . . . the court shall report the case to the Lord Chancellor and the Lord Chief Justiceor, in the case of a justice of the peace for any area in Scotland, to the Secretary of State with such evidence as may have been given of the corrupt practice.
it is the duty of the Director of Public Prosecutions tobring the matter before the Inn of Court, High Court or tribunal having power to take cognizance of any misconduct of the person in his profession ; and
Where a barrister, advocate, solicitor, authorised person or any person who belongs to any profession the admission to which is regulated by law is reported by an election court to have been guilty of any corrupt practice in reference to an election, . . . —
the court shall bring the matter before the Inn of Court Faculty of Advocates, High Court, tribunal or other body having power to take cognizance of any misconduct of the person in his profession; and
the Inn of Court Faculty of Advocates, High Court, tribunal or other body may deal with him as if the corrupt practice were misconduct by him in his profession.
In subsection (1) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act).
the Inn of Court, High Court or tribunal may deal with him as if the corrupt practice were misconduct by him in his profession.
If it appears to an election court that a person holding a licence or certificate under the Licensing Acts has knowingly permitted any bribery or treating in reference to any election to take place upon his licensed premises—
the court shall, after affording him such rights as are conferred on those about to be reported under section 160(1) above, report the fact; and
. . . , the court shall bring the report before the licensing authority from whom, or on whose certificate, that person obtained his licence, and the licensing authority shall cause the report to be entered in the proper register of licences.
The entry of the report in that register shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate of the person reported and may be a ground, if the authority think fit, for refusing renewal.
Where on an election petition it is shown that corrupt or illegal practices or illegal payments, employments or hirings committed in reference to the election for the purpose of promoting or procuring the election of any person at that election have so extensively prevailed that they may be reasonably supposed to have affected the result—
his election, if he has been elected, shall be void, and
he shall be incapable of being elected to fill the vacancy or any of the vacancies for which the election was held.
An election shall not be liable to be avoided otherwise than under this section by reason of general corruption, bribery, treating or intimidation.
An election under the local government Act may be questioned on the ground that it is avoided under this section.
If at a parliamentary or local government election a candidate or his election agent personally engages as a canvasser or agent for the conduct or management of the election any person whom he knows or has reasonable grounds for supposing to be subject to an incapacity to vote at the election by reason— the candidate shall be incapable of being elected to fill the vacancy or any of the vacancies for which the election is held.
of his having been convicted or reported of any corrupt or illegal practice within the meaning of this Act or of the law relating to elections for the Northern Ireland Assembly, ...
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A local government election may be questioned on the ground that the person whose election is questioned was, at the time of the election, by virtue of this section incapable of being elected.
A vote given for a person who, at the time of the election, was by virtue of this section incapable of being elected shall not, by reason of that incapacity, be deemed to be thrown away so as to entitle another candidate to be declared elected, unless given at a poll consequent on the decision of an election court that he was so incapable.
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Where, on a parliamentary election petition claiming the seat for any person, a candidate is proved to have been guilty by himself, or by any person on his behalf, of bribery, treating or undue influence in respect of any person who voted at the election there shall, on a scrutiny, be struck off from the number of votes appearing to have been given to the candidate one vote for every person who voted at the election and is proved to have been so bribed, treated or unduly influenced.
If any person who is guilty of a corrupt or illegal practice or of illegal payment, employment or hiring at an election votes at the election, his vote shall be void.
If any person who is subject under any enactment relating to corrupt or illegal practices to an incapacity to vote at a parliamentary election , local government election or an election under the Local Government (Scotland) etc. Act 1994 (c. 39)to any public office in Scotland votes at that election, his vote shall be void.
An application for relief under this section may be made to the High Court or an election court or else, if in respect of a payment made in contravention of section 78(1) or (2) above, or of paragraph 1 of Schedule 4 to this Act, to the county court.
If it is shown to the court by such evidence as to the court seems sufficient— and under the circumstances it seems to the court to be just that either that or any other person should not be subject to any of the consequences under this Act of the act or omission, the court may make an order allowing the act or omission to be an exception from the provisions of this Act making it an illegal practice, payment, employment or hiring and upon the making of the order no person shall be subject to any of the consequences under this Act of that act or omission.
that any act or omission of any person would apart from this section by reason of being in contravention of this Act be an illegal practice, payment, employment or hiring,
that the act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith, and
that such notice of the application has been given in the constituency or, as the case may be, the area of the authority for which the election was held, as to the court seems fit,
Where a person makes an application under this section he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.
In relation to an election of councillors in Scotland, the references in subsection (1) to applications to the High Court or the county court shall be omitted.
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one of the judges for the time being on the rota for the trial of parliamentary election petitions,
in Northern Ireland, one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
A person who is guilty of a corrupt practice shall be liable—
on conviction on indictment—
in the case of a corrupt practice under section 60 or 62Aor 62B or 112A above, to imprisonment for a term not exceeding two years, or to a fine, or to both,
in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
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except in Northern Ireland, to imprisonment for a term not exceeding one year or to a fine ;
in Northern Ireland, to imprisonment for a term not exceeding one year or to a fine not exceeding £200.
Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.
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by a magistrates' court in England and Wales or a court of summary jurisdiction in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum or to both ;
by a court of summary jurisdiction in Northern Ireland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding £100 or to both ;
by an election court, to imprisonment for a term not exceeding 6 months, or, in England and Wales or in Scotland, to a fine not exceeding the statutory maximum, or in Northern Ireland, to a fine not exceeding £200.
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If it appears to the court by which any person holding a licence or certificate under the Licensing Acts is convicted of the offence of bribery or treating that the offence was committed on his licensed premises—
the court shall direct the conviction to be entered in the proper register of licences, and
the entry shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate, and may be a ground, if the authority think fit, for refusing its renewal.
A person guilty of an illegal practice shall on summary conviction . . . be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for an illegal practice it shall be sufficient to allege that the person charged was guilty of an illegal practice.
A person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence shall for that purpose be an indictable offence), and a person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.
The Director of Public Prosecutions shall obey any direction given to him by an election court with respect to the prosecution by him of offenders, and if it appears to him that a person who has not received a certificate of indemnity has been guilty of a corrupt or illegal practice, he shall—
without any such direction, prosecute that person for that offence before the election court, or
if he thinks it expedient in the interests of justice, prosecute him before any other competent court.
Where a person prosecuted before an election court appears before the court, the court shall proceed to try him summarily unless the court thinks it expedient in the interests of justice that he should be tried before some other court, but in the case of a corrupt practice, the court before proceeding to try him summarily shall give him the option of being tried by a jury.
The Magistrates' Courts Act 1980 (or, in Northern Ireland, the Magistrates' Courts (Northern Ireland) Order 1981) shall, in principle and so far as practicable, apply to the prosecution of an offence summarily before an election court in like manner as if it were an offence punishable only on summary conviction, and accordingly— under that Act or Order in like manner as if the court were a magistrates' court for the county or place in which the conviction took place, but no appeal lies against a conviction by an election court.
the attendance of any person may be enforced,
the case heard and determined,
any summary conviction by such court carried into effect and enforced,
the case's costs paid, and
the case's record dealt with,
Where— and the court is of opinion that the evidence is sufficient to put that person on trial for the offence, the court shall order that person to be prosecuted either on indictment or before a magistrates' court, as the case may require, for the offence and thereupon shall proceed as directed by subsection (6), (7) or (8) below, but, except where the accused has elected to be tried by a jury, a corrupt practice shall not for the purposes of the following provisions of this section be deemed to be an indictable offence if the election court think that it should be prosecuted summarily.
the person prosecuted does not appear before the court, or
the court thinks it expedient in the interests of justice that he should be tried before some other court, or
the person prosecuted elects under subsection (2) above to be tried by a jury,
The court may name the court before whom the person is to be prosecuted and for all purposes preliminary to and of and incidental to the prosecution the offence shall be deemed to have been committed within the jurisdiction of the court so named.
If the accused is present before the court and the offence is an indictable offence, the enactments relating to charges before justices against persons for indictable offences shall in principle and so far as practicable apply and the court shall commit him for trial.
If the accused is present before the court and the offence is not an indictable offence, the election court—
shall order him to be brought before the magistrates' court before whom he is to be prosecuted ; or
grant him bail in accordance with the Bail Act 1976 subject to a duty (or, in Northern Ireland, cause him to give bail) to appear before that magistrates' court.
If the accused is not present before the court, the court shall as circumstances require issue a summons for his attendance, or a warrant to apprehend him and bring him before a magistrates' court.
The magistrates' court before whom he attends or is brought shall— and sections 18 to 23 and 25 and 26 of the Magistrates' Courts Act 1980 shall (in either case) not apply.
if the offence is an indictable offence, on proof only of the summons or warrant and the identity of the accused, commit him for trial; and
if the offence is not an indictable offence, proceed to try the case or, if the magistrates' court is not the court before which he is directed to be prosecuted, order him to be brought before that court,
This section does not apply in Scotland.
If at the trial in Scotland of an election petition the election court grants a-warrant for the apprehension, commitment or citation of any person suspected of being guilty of a corrupt or illegal practice, the case shall be reported to the Lord Advocate in order that that person may be brought to trial before the High Court of Justiciary or the sheriff principal according to the nature of the case.
It is the duty of the advocate depute or, in his absence, the procurator-fiscal, if it appears to him that a corrupt or illegal practice has been committed by any person who has not received a certificate of indemnity, to report the case to the Lord Advocate with a view to that person being brought to trial before the proper court, although no warrant may have been issued by the election court.
All prosecutions directed to be tried in the sheriff court shall be tried by the sheriff principal.
Any criminal court in Scotland, before which a prosecution is instituted on indictment for a corrupt practice, may order the accused to pay to the prosecutor the prosecutor's reasonable costs of the prosecution.
a person convicted of a corrupt practice on indictment or by an election court shall be subject to the incapacities imposed by section 160(4) above as if at the date of the conviction he had been reported personally guilty of that corrupt practice ; and
Subject to subsection (2) below, a person convicted of a corrupt or illegal practice—
shall, during the relevant period specified in subsection (3) below, be incapable of—
being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain, or
being elected to the House of Commons, or
holding any elective office; and
if already elected to a seat in the House of Commons or holding any such office, shall vacate the seat or office subject to and in accordance with subsections (4) and (5) below.
The incapacity imposed by subsection (1)(a)(i) above applies only to a person convicted of a corrupt practice under section 60 , 62A , 62B or 112A above or of an illegal practice under section 61 above.
a person convicted of an illegal practice shall be subject to the incapacities imposed by section 160(5) as if at the date of the conviction he had been reported personally guilty of that illegal practice.
A person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence)—
is, during the relevant period specified in subsection (3), incapable of being elected to the House of Commons, and
if already elected to a seat in the House of Commons, must vacate the seat subject to and in accordance with subsections (4) and (5).
For the purposes of subsections (1)(a) and (2A)(a) above the relevant period is the period beginning with the date of the conviction and ending— except that if (at any time within that period of five or three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period shall end at that time instead.
in the case of a person convicted of a corrupt practice, five years after that date, or
in the case of a person convicted of an illegal practice, three years after that date,
Where subsection (1)(b) or (2A)(b) applies to any person, he shall (subject to subsection (5) below) vacate the seat or office in question at the appropriate time for the purposes of this section, namely—
the end of the period which is the period prescribed by law within which notice of appeal may be given, or an application for leave to appeal may be made, by him in respect of the conviction, or
if (at any time within that period) that period is extended— whichever is the earlier.
the end of the period as so extended, or
the end of the period of three months beginning with the date of the conviction,
If (before the appropriate time mentioned in subsection (4) above) notice of appeal is given, or an application for leave to appeal is made, by such a person in respect of the conviction, he shall vacate the seat or office in question at the end of the period of three months beginning with the date of the conviction unless—
such an appeal is dismissed or abandoned at any earlier time (in which case he shall vacate the seat or office at that time), or
at any time within that period of three months the court determines on such an appeal that the conviction should not be upheld (in which case the seat or office shall not be vacated by him).
Where such a person vacates a seat or office in accordance with subsection (4) or (5) above, no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the seat or office.
If a person convicted of a corrupt or illegal practice has already been elected to a seat in the House of Commons or to any elective office, he shall (in addition to being subject to the incapacities mentioned in subsection (1)(a) above) be suspended from performing any of his functions as a Member of Parliament, or (as the case may be) any of the functions of that office, during the period of suspension specified in subsection (8) below.
If a person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence) has already been elected to a seat in the House of Commons, the person is (in addition to being subject to the incapacities mentioned in subsection (2A)(a) above and section 112(1)(a)(ii) of that Act) suspended from performing any of the functions of a Member of Parliament during the period of suspension specified in subsection (8).
For the purposes of subsections (7) and (7A) above the period of suspension is the period beginning with the date of the conviction and ending with—
the date on which the seat or office is vacated in accordance with subsection (4) or (5) above, or
where subsection (5)(b) above applies, the date on which the court determines that the conviction should not be upheld.
Any incapacities or other requirement applying to a person by virtue of subsection (1) or (7) above applies in addition to any punishment imposed under section 168 or 169 above; but each of those subsections has effect subject to section 174 below.
Any incapacity or other requirement applying to a person by virtue of subsection (2A) or (7A) applies in addition to any punishment imposed under section 108 of the Electoral Law Act (Northern Ireland) 1962; but each of those subsections has effect subject to section 113(2) to (6) of that Act.
Without prejudice to the generality of section 205(2) below, nothing in this section affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland.
Subject . . . to section 174 below, a person convicted of a corrupt practice—
shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and
if already holding such an office, shall vacate it as from that date.
Subsection (1) above applies in addition to—
any incapacity or other requirement applying to the person by virtue of section 173 above, and
any punishment imposed on him under section 168 above.
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Where— the court may order that the incapacity shall thenceforth cease so far as it is imposed in respect of those matters.
any person is subject to any incapacity by virtue of the report of an election court, and
he or some other person in respect of whose acts the incapacity was imposed is on a prosecution acquitted of any of the matters in respect of which the incapacity was imposed,
Where any person who is subject to any incapacity as mentioned above is on a prosecution convicted of any such matters as are mentioned above, no further incapacity shall be taken to be imposed by reason of the conviction, and the court shall have the like power (if any) to mitigate or remit for the future the incapacity so far as it is imposed by section 160 above in respect of the matters of which he is convicted, as if the incapacity had been imposed by reason of the conviction.
A court exercising any of the powers conferred by subsections (1) and (2) above shall make an order declaring how far, if at all, the incapacities imposed by virtue of the relevant report remain unaffected by the exercise of that power, and that order shall be conclusive for all purposes.
Where a person convicted of a corrupt or illegal practice is subsequently reported to have been guilty of that practice by an election court, no further incapacity shall be imposed on him under section 160 by reason of the report.
Where any person is subject to any incapacity by virtue of a conviction or of the report of an election court, and any witness who gave evidence against that person upon the proceeding for the conviction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the court, if satisfied that the conviction or report so far as respects that person was based upon perjury, may order that the incapacity shall thenceforth cease.
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by one of the judges for the time being on the rota for the trial of parliamentary election petitions,
in Northern Ireland, by one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
A person guilty of an offence of illegal payment or employment shall, on summary conviction, be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for such an offence it shall be sufficient to allege that the person charged was guilty of an illegal payment or employment as the case may be.
A candidate or election agent who is personally guilty of an offence of illegal payment or employment shall be guilty of an illegal practice, and if an offence of illegal payment or employment is committed with the candidate’s knowledge and consent at an election where candidates are not required to have election agents, the candidate shall be guilty of an illegal practice.
Any person charged with an offence of illegal payment or employment may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.
A proceeding against a person in respect of any offence under any provision contained in or made under this Act shall be commenced within one year after the offence was committed, and the time so limited by this section shall, in the case of any proceedings under the Magistrates’ Courts Act 1980 (or, in Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981) for any such offence, . . . be substituted for any limitation of time contained in that Act or Order.
For the purposes of this section— shall be deemed to be the commencement of a proceeding.
in England and Wales, the laying of an information;
in Scotland, the granting of a warrant to apprehend or cite the accused (if, in relation to an offence alleged to have been committed within the United Kingdom, such warrant is executed without undue delay); and
in Northern Ireland, the making of a complaint,
Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.
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A magistrates' court in England and Wales may act under subsection (2B) if it is satisfied on an application by a constable or Crown Prosecutor—
that there are exceptional circumstances which justify the granting of the application, and
that there has been no undue delay in the investigation of the offence to which the application relates.
The magistrates' court may extend the time within which proceedings must be commenced in pursuance of subsection (1) above to not more than 24 months after the offence was committed.
If the magistrates' court acts under subsection (2B), it may also make an order under subsection (2D) if it is satisfied, on an application by a constable or Crown Prosecutor, that documents retained by the relevant registration officer in pursuance of rule 57 of the parliamentary elections rules may provide evidence relating to the offence.
An order under this subsection is an order—
directing the relevant registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 57, and
extending the period for which he is required to retain them under that rule by such further period not exceeding 12 months as is specified in the order.
The making of an order under subsection (2D) does not affect any other power to require the retention of the documents.
An application under this section must be made not more than one year after the offence was committed.
Any party to— who is aggrieved by the refusal of the magistrates' court to act under subsection (2B) or to make an order under subsection (2D) (as the case may be) may appeal to the Crown Court.
an application under subsection (2A), or
an application under subsection (2C),
A prosecution for any offence punishable summarily committed in reference to an election under the local government Act— This section does not apply in Scotland.
may be instituted before any magistrates’ court in the county in which the local government area for which the election was held is situated or which it adjoins; and
the offence shall be deemed for all purposes to have been committed within the jurisdiction of that court.
may be instituted before any magistrates' court in the county in which the local government area for which the election was held is situated or which it adjoins; and
the offence shall be deemed for all purposes to have been committed within the jurisdiction of that court.
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Proceedings in respect of an offence under this Act alleged to have been committed outside the United Kingdom by a Commonwealth citizen or citizen of the Republic of Ireland may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Proceedings under this Act in respect of an offence alleged to have been committed outside the United Kingdom by a Commonwealth citizen or citizen of the Republic of Ireland may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where the person charged is for the time being.
Any period fixed by law as the period within which proceedings may be commenced shall, in the case of any such proceedings as are mentioned in subsection (1) above, be reckoned as from the date on which the person charged first landed in the United Kingdom next after the commission of the offence, and for the purposes of this provision a person entering Northern Ireland by land shall be deemed so to land in the United Kingdom.
Where— is committed by any association or body of persons, corporate or unincorporate, the members of the association or body who have taken part in the commission of the offence shall be liable to any fine or punishment imposed for that offence by this Act.
any corrupt or illegal practice or any illegal payment, employment or hiring, or
any offence under section 110 or 110A above,
On—
any prosecution for a corrupt or illegal practice or for any illegal payment, employment or hiring, and
any proceedings for a penalty under section 85 above or paragraph 4 of Schedule 4 to this Act,
As regards the Greater London Authority— shall be conducted in accordance with rules made under this subsection by the Secretary of State.
Authority elections, and
the return of London members of the London Assembly otherwise than at an election,
Where information is given to the Director of Public Prosecutions that any offence under this Act has been committed, it is his duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him to require.
The Director by himself or by his assistant or by his representative appointed under subsection (3) below may and, if the election court so requests him, shall attend the trial of every election petition.
The Director may nominate, . . . , a barrister, solicitor or authorised person. . . to be his representative for the purposes of this Part of this Act . . . .
The Director in performing any duty under this Act shall act in accordance with regulations under the Prosecution of Offences Act 1979, and subject to them in accordance with the directions (if any) given to him by the Attorney General; and any assistant or representative of the Director in performing any duty under this Part shall act in accordance with those regulations and directions (if any) and with the directions given to him by the Director.
In subsection (3) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).
There shall be allowed to the Director and his assistant or representative for the purposes of this Part (other than his general duties under subsection (1) above) such allowances for expenses as the Treasury may approve.
The costs incurred in defraying the expenses of the Director incurred for those purposes (including the remuneration of his representative) shall, in the first instance, be paid by the Treasury, and . . . shall be deemed to be expenses of the election court; but if for any reasonable cause it seems just to the court so to do, the court shall order all or part of those costs to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct.
In the application of this section to Scotland, subsections (2) to (6) shall be omitted.
In the application of this section to Northern Ireland, the reference to the Prosecution of Offences Act 1979 does not apply.
The certificate of a registration officer that any person is or is not, or was or was not at any particular time, duly registered in one of the officer’s registers in respect of any address shall be sufficient evidence of the facts stated in it; and a document purporting to be such a certificate shall be received in evidence and presumed to be such a certificate unless the contrary is proved.
The authority having for the time being power to make rules of court for the Senior Courts may make rules for the purposes of Part II and this Part of this Act.
In relation to the power conferred by subsection (1) above to make rules—
that power shall be exercisable by statutory instrument, and be treated for the purposes of the Statutory Instruments Act 1946 as if conferred on a Minister of the Crown; and
a statutory instrument containing rules under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section does not apply to Scotland, but the Court of Session has power to make acts of sederunt for the purposes of Part II and this Part.
This section does not apply to Northern Ireland.
The rules of the Senior Courts with respect to costs to be allowed in actions, causes and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other proceedings under Part II or this Part of this Act, and the taxing officer shall not allow any costs higher than would be allowed in any action, cause or matter in the High Court on a common fund basis.
Where any costs or other sums are, under the order of an election court or otherwise under this Part, to be paid by any person, those costs or sums shall be due from that person to the person or persons to whom they are to be paid and, if payable to the Treasury, shall be a debt due to Her Majesty and in either case may be recovered accordingly.
The above provisions of this section do not apply to Scotland, but those costs shall, subject to any regulations which the Court of Session may make by act of sederunt, be taxed as nearly as possible according to the same principles as expenses between solicitor and client are taxed in a cause in the Court of Session, or, when incurred in relation to an election of councillors, the sheriff court.
Any notice, legal process or other document required to be served on any person with reference to any proceeding respecting an election for the purpose of causing him to appear before the High Court, the county court, or any election court, or otherwise or of giving him an opportunity of making a statement, or showing cause, or being heard by himself before any court for any purpose of this Part of this Act may be served—
by delivering it to that person, or by leaving it at, or sending it by post by a registered letter or by the recorded delivery service, to his last known place of abode in the constituency or, as the case may be, the area of the authority for which the election was held; or
if the proceeding is before any court in such other manner as the court may direct.
In proving service by post under this section it shall be sufficient to prove that the letter was prepaid, properly addressed, and registered or recorded with the postal operator (within the meaning of Part 3 of the Postal Services Act 2011) concerned.
In this Part of this Act, unless the context otherwise requires—
Section 119 above applies in computing any period of time for the purposes of this Part of this Act as for the purposes of Part II of this Act.
Sections 48 (1) and (2) and 63 above have effect as if any reference in them to a local government election included a reference to any other election under the local government Act or the Local Government (Scotland) Act 1973.
Except in the phrase “election to any public office” wherever it is used, references in Parts II and III and section 189 of this Act to elections or to elections under the local government Act do not include references to elections under the Local Government etc. (Scotland) Act 1994 other than elections of councillors.
Sections 48 (1) and (2) and 63 above have effect as if any reference in them to a local government election included a reference to any . . . election under the Local Government etc. (Scotland) Act 1994 (c. 39)or the Local Government (Scotland) Act 1973.
If a person— he shall be guilty of an illegal practice.
votes, or induces or procures any person to vote, at an election under the local government Act which is not a local government election,
knowing that he or that person is prohibited by any enactment from voting at that election,
A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed without his knowledge or consent.
fabricates, in whole or in part, or alters, defaces, destroys, abstracts or purloins any ballot paper, or
personates any person entitled to vote at the election, or
falsely assumes to act in the name or on behalf of any person so entitled to vote, or
interferes with the delivery or collection of any ballot papers, or
delivers any ballot paper under a false pretence of being lawfully authorised to do so,
For the purposes of— In relation to municipal elections in the City those enactments have effect subject to the modifications mentioned in sections 193 to 196 below.
sections . . . , 60 , 61 and 62A in Part I of this Act,
the whole of Part II of this Act except sections 96 and 99,
the whole of Part III of this Act,
section 189 above and sections 193 to 198 below, and
“relevant election” means—
the whole of Part V of this Act,
Schedule 6 to this Act has effect as regards the operation of Part II (ward elections) of the City of London (Various Powers) Act 1957 and the City of London (Ward Elections) Act 2002.
in section 51(2) above, for " qualified to be registered in the register of local government electors" substitute " qualified to vote at a municipal election in the City " ; and
the town clerk of the City shall omit from each ward list the names of all persons mentioned in the corrupt and illegal practices list, and that list shall be printed and appended to every copy of each ward list.
In relation to municipal elections in the City—
in sections 60 , 61 and 62A above “vote” does not include voting otherwise than on a poll; and
in section 61(2), paragraph (a)(ii) does not apply.
In relation to municipal elections in the City—
neither section 92 nor section 93 above apply by virtue of section 191 above to municipal elections in the City other than ward elections; and
for the purposes of section 93(1) a ward election shall be deemed to be pending during the period beginning— and ending in all cases with the day of the poll (or, if no poll is taken, with the day fixed for the election).
in the case of an annual election three weeks before the day fixed for the election, and
in other cases with the day on which the precept is issued.
In relation to municipal elections in the City—
in section 97 above the reference to the day of election shall be taken as a reference to the day fixed for the election and (where a poll is taken) any day after that up to and including the day of the poll; but
in relation to a meeting held with reference to an election other than an annual election that section does not apply to an offence committed on or before the day on which the precept is issued.
In relation to municipal elections in the City, any costs or expenses directed to be paid under section 132 . . . above by the authority for which the election was held shall—
if incurred in respect of a ward election, be paid out of the general rate; and
in any other case, be paid by the chamberlain of the City out of the City’s cash.
For a candidate at a ward election in the City the maximum amount of election expenses is £460 together with an additional 9p for every elector (taken according to the enumeration of the ward list to be used at the election); but the provision made by section 76(6) above for increasing the maximum amount of election expenses in the event of a candidate’s death applies to the maximum amount under this subsection.
A candidate at an election by liverymen in common hall need not have an election agent, his maximum amount of election expenses is 49p for every elector on the common hall register to be used at the election, and section 90 above and Schedule 4 to this Act apply at such an election as they apply to an election of parish councillors, but the form of declaration as to election expenses shall be such as may be prescribed by Act of Common Council and in this subsection “common hall register” means the list prepared under section 4 of the City of London Ballot Act 1887.
The Secretary of State may by order vary a maximum amount of the candidate’s election expenses specified in subsection (1) or subsection (2) above where in his opinion there has been a change in the value of money since the last occasion on which that amount was fixed (whether by such an order or otherwise), and the variation shall be such as in his opinion is justified by that change. The power to make an order under this subsection is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In relation to the City, where a candidate who has been elected to a corporate office is— declared not to have been duly elected, acts done by him in execution of the office before the time when the certificate or decision is certified to the clerk of the authority for which the election was held shall not be invalidated by reason of that declaration.
by a certificate of an election court, or
by a decision of the High Court,
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The Secretary of State may by regulations prescribe a translation into the Welsh language of any form required to be used by this Act (whether it is a form set out in a Schedule to this Act or one prescribed by rules or regulations made under this Act); and where such a translation has been so prescribed it may be used, in place of the form, in connection with elections in Wales.
Where in the case of a form so set out or prescribed the requirement as to its use may be satisfied by the use of a form to the like effect or of that form with adaptations, it may be so satisfied also in the case of a translation prescribed under this section.
Nothing in this section shall be taken to prejudice the use of any translation in a case where its use is lawful apart from this section.
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A public notice required by or under this Act to be given by a returning officer for a parliamentary election shall be given by posting the notice in some conspicuous place or places in the constituency and may also be given in such other manner as he thinks desirable for publicising it.
Any person before whom a declaration is authorised to be made under this Act may take the declaration.
A public notice required by or under this Act to be given by the proper officer of a local authority at a local government election shall be given by posting the notice in some conspicuous place or places in the local government area and may also be given in such other manner as he thinks desirable for publicising it.
Any power conferred by this Act to make regulations shall, except where this Act otherwise provides, be a power exercisable by the Secretary of State and except in the case of regulations under section 29(8)by statutory instrument.
No regulations shall be made under this Act by the Secretary of State otherwise than under section 10(4) or 110(7) above or section 203(4) or 203A(2) below unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
rules made under sections 36 and 42 above ;
regulations made under section 199 above and section 203(4) below.
Any regulations under section 10(4) or 110(7) above or section 203A(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations made for the purposes only of omitting a particular kind of evidence from the kinds of evidence that a person is or may be required to provide by virtue of regulations under paragraph 1(2A) or 3ZA(3) of Schedule 2 shall be subject to annulment in pursuance of a resolution of either House of Parliament (and subsection (2) does not apply to regulations made for those purposes only).
Any regulations under this Act 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 , or the Electoral Commission (in the case of any regulations made by them), thinks fit.
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Subsections (2) and (3) below apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a parliamentary or local government election.
The person who is required or authorised to give or display the document must, as he thinks appropriate, give or display or otherwise make available in such form as he thinks appropriate—
the document in Braille;
the document in languages other than English;
graphical representations of the information contained in the document;
other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.
The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.
Subsections (2) and (3) above do not apply to—
the nomination paper;
the ballot paper.
The returning officer at a parliamentary election or a local government election may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.
The sample copy mentioned in subsection (5) above—
in the case of a parliamentary election or a local government election where only one candidate is to be elected, must have printed the words “VOTE FOR ONE CANDIDATE ONLY” both at the top and immediately below the list of candidates,
in the case of a local government election where more than one candidate is to be elected, must have printed the words “VOTE FOR NO MORE THAN [here insert the maximum number of candidates to be elected] CANDIDATES” both at the top and immediately below the list of candidates, and
in each case, below the second occurrence of those words, may include a translation of those words into such other languages as the returning officer thinks appropriate.
The returning officer at a parliamentary election or a local government election must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.
The sample copy mentioned in subsection (7) above must be clearly marked as a specimen provided only for the guidance of voters.
In the application of subsection (2)(b) to Northern Ireland any question as to whether a person is to give or display or otherwise make available a document in a language other than English is to be decided by the returning officer.
This section does not apply to a local government election in Scotland.
This section does not apply to a local government election in Wales.
Subsections (2) and (3) below apply to any document which, under or by virtue of this Act, is required or authorised to be given to voters or displayed in any place for the purposes of a local government election in Scotland.
The person who is required or authorised to give or display the document must, as he thinks appropriate, also give or display or otherwise make available in such form as he thinks appropriate—
the document in Braille;
the document in languages other than English;
graphical representations of the information contained in the document;
other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.
The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.
Subsections (2) and (3) above do not apply to—
the nomination paper; or
the ballot paper.
Subsections (2) and (3) apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a local government election in Wales.
The person (“P”) who is required or authorised to give or display the document must, as P thinks appropriate, give or display or otherwise make available in such form as P thinks appropriate—
the document in Braille;
the document in languages other than English and Welsh;
graphical representations of the information contained in the document;
other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.
P must, as P thinks appropriate, make available the information contained in the document in such audible form as P thinks appropriate.
Subsections (2) and (3) do not apply to—
the nomination paper; or
the ballot paper.
This section applies where any postal services are provided without charge by a universal postal service provider in pursuance of this Act.
The universal postal service provider shall be entitled to be remunerated for having provided the services at the rate fixed in relation to them by virtue of a scheme under section 89 of the Postal Services Act 2000.
A sum which a universal postal service provider is entitled to receive by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.
In this section “postal services” has the meaning given by section 27 of the Postal Services Act 2011.
In this Act, unless the context otherwise requires— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “anonymous entry”, in relation to a register of electors, shall be construed in accordance with section 9B above and “the record of anonymous entries”, means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to this Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; “the City” means the City of London; “Clerk of the Crown” means Clerk of the Crown in Chancery; “Common Council” means the Common Council of the City; “disability”, in relation to doing a thing, includes a short term inability to do it; “dwelling” includes any part of a building where that part is occupied separately as a dwelling; “election” means a parliamentary election, an Authority election or an election under the local government Act; “election court” means— In relation to a parliamentary election petition, the judges presiding at the trial; in relation to a petition questioning an Authority election or an election under the local government Act, the court constituted under this Act for the trial of that petition; “election petition” means a petition presented in pursuance of Part III of this Act; “elector” in relation to an election, means any person who has for the time being an entry on the register to be used at that election, but does not include those shown in the register (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) as below voting age on the day fixed for the poll; “legal incapacity” includes (in addition, where applicable, to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by this Act or any other Act; “legal process” means a claim form, application notice, writ, summons or other process; “the list of proxies” has, in relation to any election, the meaning given by paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, by section 7 of the Representation of the People Act 1985 “overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985; “parliamentary election petition” means an election petition questioning a parliamentary election or return; “the postal voters list” means— in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 5(2) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post have been granted); in relation to Northern Ireland, the list of persons kept in pursuance of section 7(4)(a) of the Representation of the People Act 1985 (persons whose applications to vote by post have been granted); “the proxy postal voters list” means— in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 7(8) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post as proxy have been granted); in relation to Northern Ireland, the list of persons kept in pursuance of section 9(9) of the Representation of the People Act 1985 (persons whose applications to vote by post as proxy have been granted). “parliamentary elections rules” means the parliamentary elections rules in Schedule 1 to this Act; “person” includes (without prejudice to the provisions of the Interpretation Act 1978) an association corporate or unincorporate; “prescribed” except in Part III of this Act means prescribed by regulations; “proper officer”— in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act); except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the Local Government Act 1972; “qualifying address” shall be construed in accordance with section 9(8) above; "qualifying foreign national” means a person of any nationality who— is not a Commonwealth citizen or a citizen of the Republic of Ireland, and either— is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave, “registered political party” means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000; “service declaration” means a declaration made by a person under and in accordance with section 15; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “sub-agent” has the meaning given by section 68(1) above; “universal postal service provider” means a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011); “voter” means a person voting at an election and includes a person voting as proxy and, except in the parliamentary elections rules, and the rules under section 36 , 36A and 42 above, a person voting by proxy, and “vote” (whether noun or verb) shall be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.
and subject to that Schedule—
“local government election” means an election of councillors by local government electors for an electoral area.
For the purposes of the Representation of the People Acts a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.
In this Act, unless the context otherwise requires, in relation to England and Wales— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act); “Authority election” means— any election of the Mayor of London; any election of a constituency member of the London Assembly; or the election of the London members of the London Assembly at an ordinary election; “constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act; “election of a constituency member of the London Assembly” means— any such election at an ordinary election; or an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency); “election of the Mayor of London” means— any such election at an ordinary election; or an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London); “electoral area” means in England, any electoral division or ward or, in the case of a parish in which there are no wards, the parish, for which the election of councillors is held under the local government Act; in Wales, any electoral ward of a county council or county borough council or community ward or, in the case of a community in which there are no wards, the community, for which the election of councillors is held under the local government Act; Greater London, in the case of— any election of the Mayor of London; or the election of the London members of the London Assembly at an ordinary election; any Assembly constituency for which the election of a constituency member of the London Assembly is held; “EU citizen with retained rights” has the meaning given by section 203B; “local authority” means the Greater London Authority, a county council a county borough council,, . . . a district council, a London borough council . . . or a parish or community council; “local government Act” means the Local Government Act 1972 . . .; “local government area” means Greater London,a county county borough,, London borough . . . , district, parish or community; “local government election” means the election of councillors for any electoral area ; or any Authority election “London member”, in relation to the London Assembly, has the same meaning as in the 1999 Act; “qualifying EU citizen” has the meaning given by section 203A; “qualifying foreign citizen” means a person who— is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and either— is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave. “simple majority system” has the meaning given by section 6(1) of the Local Government and Elections (Wales) Act 2021; ”single transferable vote system” has the meaning given by section 6(2) of the Local Government and Elections (Wales) Act 2021. “the 1999 Act” means the Greater London Authority Act 1999;
“the promoter”, in relation to any material to which this section applies, means the person causing the material to be published;
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The following provisions of this Act, namely— shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.
Part I, so far as it has effect for the purposes of parliamentary elections, and
Parts I to III, so far as they have effect for the purposes of Authority elections,
The modifications made by subsection (2) above do not affect section 52(4) above.
This Act applies in relation to the Isles of Scilly as if those isles were a county and as if the council of those isles were a county council, except that—
the council shall appoint an officer of the council to be registration officer for the isles and paragraph 1(1) of Schedule 2 . . . shall apply as if the isles were a district and the council were a district council;
the provisions of Part I relating to the conduct of local government elections shall have effect in relation to those isles subject to such adaptations as the Secretary of State may by regulations prescribe.
For the purposes of section 265 of the Local Government Act 1972 (application to Isles of Scilly) the provisions of this Act as to rules made by the Secretary of State under section 36 above shall be deemed to be contained in a public general Act relating to local government.
In this Act “qualifying EU citizen” means a person who—
is a citizen of a country for the time being listed in Schedule 6A, and
either—
does not require leave under the Immigration Act 1971 to enter or remain in the United Kingdom or any of the Islands, or
does require such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.
The Secretary of State must by regulations add a country to the list in Schedule 6A where—
the country is a qualifying country,
the United Kingdom and the country intend to become parties to a relevant treaty, and
section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) applies in relation to the relevant treaty and the requirements of that section have been met such that the relevant treaty may be ratified.
The Secretary of State may by regulations remove a country from the list in Schedule 6A where the country ceases to be a party to a relevant treaty to which the United Kingdom is also a party.
The Secretary of State must, as soon as reasonably practicable after regulations are made under subsection (2) or (3), give notice of that fact to—
registration officers in England,
registration officers for elections of police and crime commissioners for police areas in Wales,
the Chief Electoral Officer for Northern Ireland, and
the Electoral Commission.
In this section—
In this Act “EU citizen with retained rights” means a person who—
is a citizen of a country falling within subsection (8),
was a citizen of the Union immediately before IP completion day,
was resident in the United Kingdom or any of the Islands immediately before that day,
falls within any of subsections (2) to (4), and
is not a qualifying EU citizen.
A person falls within this subsection if the person—
has UK or Islands leave granted by virtue of residence scheme immigration rules, and
has such leave otherwise than in accordance with provision in residence scheme immigration rules for joining family members.
A person falls within this subsection if—
the person has UK or Islands leave but does not fall within subsection (2), and
the requirements of subsection (5) are met in relation to the person.
A person falls within this subsection if—
the person does not require UK or Islands leave,
the person is resident in the United Kingdom or any of the Islands, and
the requirements of subsection (5) are met in relation to the person.
The requirements referred to in subsections (3)(b) and (4)(c) are that—
at all times since the relevant date, the person has either had UK or Islands leave or not required UK or Islands leave, and
the person was resident in the United Kingdom or any of the Islands at all times after the relevant date when the person did not require UK or Islands leave.
In determining whether the requirement in subsection (5)(a) is met in relation to a person, any period to which subsection (7) applies is to be disregarded if the person was resident in the United Kingdom or any of the Islands during the period.
This subsection applies to any period after the relevant date during which the person required UK or Islands leave but did not have it, if at the end of the period the person was granted UK or Islands leave—
in pursuance of an application made before the end of the relevant date, or
in pursuance of an application made after the relevant date, where the leave was granted—
by virtue of residence scheme immigration rules, and
otherwise than in accordance with provision in such rules for joining family members.
A country falls within this subsection where the country—
was a member State immediately before IP completion day, other than the Republic of Ireland,
was part of a member State immediately before IP completion day, other than the Republic of Ireland, or
is formed of two or more former countries, at least one of which was a member State immediately before IP completion day, other than the Republic of Ireland.
In this section a reference to a person having UK or Islands leave includes a reference to a person who is, by virtue of any enactment, to be treated as having such leave.
In this section—
In this section—
References in this section to provision in residence scheme immigration rules for joining family members are references to—
paragraph EU11A or EU14A of Appendix EU to the immigration rules or provision replacing either of those paragraphs, or
provision corresponding to provision within paragraph (a) in the Guernsey immigration rules, the Isle of Man immigration rules or the Jersey immigration rules.
This section has (in addition to any express application elsewhere in this Act) effect for the general application of this Act to Scotland, and accordingly—
Form of Back of Ballot Paper
the enactments and order specified in Schedule 8 to this Act have effect subject to the amendments consequent on this Act specified in that Schedule; and
Where under this section two or more registration officers maintain registers of parliamentary electors in respect of different parts of the same constituency, then in relation to that constituency any reference in this Act (whether express or implied) to the register of parliamentary electors for a constituency shall be read— as the context may require.
as a reference to one of those registers, or
in relation to one of those registration officers, as the register maintained by him,
the enactments and orders specified in Schedule 9 to this Act (of which those in Part I are obsolete) are repealed or revoked to the extent specified in the third column of that Schedule.
In this Act—
any reference, in relation to a registration officer, to “his” registers is a reference to the registers maintained by him under this section; and
“qualifying address”, in relation to a person registered in a register of electors, is the address in respect of which he is entitled to be so registered.
the holder of any licence granted by the Office of Communications,
For a reference to a borough constituency substitute a reference to a burgh constituency.
For a reference to the High Court substitute a reference to the Court of Session and for a reference to the county court or a judge of that court substitute a reference to the sheriff.
The power conferred by section 57 above on the Court of Session to make acts of sederunt for the appointment of judges to hear appeals under that section or to fill any vacancy among the judges so appointed is not required to be exercisable by statutory instrument.
A reference to the Director of Public Prosecutions or the Attorney General refers to the Lord Advocate.
for a reference to a plaintiff or defendant substitute respectively a reference to a pursuer or defender, for a reference to a recognisance substitute a reference to a bond of caution and for a reference to an injunction substitute a reference to an interdict.
Any reference to the report of an election court shall, in relation to an election court trying a petition questioning an election of councillors in Scotland, be construed as a reference to a finding of the court, and the expression “reported of a corrupt or illegal practice” shall be construed accordingly.
For a reference to the register of licences substitute a reference to the register kept in pursuance of section 20 of the Licensing (Scotland) Act 1976.
Section 231 of the Local Government (Scotland) Act 1973 (application to sheriff in cases of difficulty) applies to the provisions of sections 41 to 45 above as that section applied to those provisions immediately before their repeal and reenactment by this Act.
Notwithstanding the repeal by this Act of sections 19 and 43 of the Representation of the People Act 1918, those sections shall continue to have such effect as they had immediately before that repeal in relation to regulation 16 of section 2 of the Universities Elections Amendment (Scotland) Act 1881.
This section has (in addition to any express application elsewhere in the Act) effect for the general application of this Act to Northern Ireland, and accordingly—
a reference to the Attorney General refers to the Attorney General for Northern Ireland;
subject to subsection (2) below, a reference to any enactment shall be construed as a reference to that enactment as it applies in Northern Ireland.
a reference to the Director of Public Prosecutions refers to the Director of Public Prosecutions for Northern Ireland;
Nothing in this Act affects the law relating to local government in Northern Ireland.
“forecast” includes estimate;
Part I has effect as to its transitional and saving provisions, and
shall be repaid, wholly or in part, to the proper officer of the authority or to the Treasury, as the case may be—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the polls at— 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.
the ordinary election of councillors for any electoral division of a county in England in which there are no district councils or an election to fill a casual vacancy occurring in the office of such a councillor, and
the ordinary election of parish councillors for any parish or an election to fill a casual vacancy occurring in the office of such a councillor,
For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.
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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.
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.
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All expenditure properly incurred by a returning officer in relation to the holding of an Authority election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Greater London Authority, exceed that scale, be paid by the Greater London Authority.
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Subsection (6) above shall apply in relation to an Authority election as it applies in relation to an election of a councillor for any local government area in England ..., but taking the reference to the council of the area as a reference to the Greater London Authority.
Part II has effect as to its provisions relating to the interpretation of other Acts,
In Schedule 7 to this Act—
This Act may be cited as the Representation of the People Act 1983, and is included among the Acts which may be cited as the Representation of the People Acts.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Section 9E
This Schedule is about civil penalties under section 9E.
The amount of a civil penalty is to be specified in regulations.
The procedure for imposing a civil penalty on a person is to be set out in regulations. The regulations must, in particular, require the registration officer to give the person written notice specifying—
Regulations may specify steps that a registration officer must take before imposing a civil penalty.
Regulations may give a person on whom a civil penalty is imposed— Regulations under this paragraph may, in particular—
Regulations may specify circumstances in which—
a civil penalty may not be imposed, or
a civil penalty may be cancelled.
Regulations may impose duties on registration officers about the keeping of accounts and other records in connection with civil penalties.
Regulations may—
allow interest to be charged on a civil penalty that is paid late;
allow an additional penalty to be imposed for late payment.
In this Schedule “civil penalty” includes any interest or additional penalty.
Regulations may make provision about the recovery of civil penalties by registration officers.
A civil penalty received by a registration officer is to be paid into the Consolidated Fund.
Regulations may make further provision about civil penalties.
Section 18C
The relevant authority must publish notice of the holding of a review.
The authority must consult the returning officer for every parliamentary election held in a constituency which is wholly or partly in its area.
Every such returning officer must make representations to the authority. The representations must include information as to the location of polling stations (existing or proposed) within polling places (existing or proposed). The representations must be published in such manner as is prescribed.
The authority must seek representations from such persons as it thinks have particular expertise in relation to access to premises or facilities for persons who have different forms of disability. Such persons must have an opportunity—
Any elector in a constituency situated in whole or in part in the authority's area may make representations.
Representations made by any person in connection with a review of polling places may include proposals for specified alternative polling places.
On completion of a review the authority must—
give reasons for its decisions in the review;
publish such other information as is prescribed.
This Schedule has effect for controlling donations to candidates at an election. The following provisions have effect for the purposes of this Schedule. “Relevant donation”, in relation to a candidate at an election, means a donation to the candidate or his election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate. In sub-paragraph (3) above the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation. “Donation” shall be construed in accordance with paragraphs 2 to 4 below. “The 2000 Act” means the Political Parties, Elections and Referendums Act 2000. In relation to a donation received by a candidate at an election in Great Britain, references to a permissible donor falling within section 54(2) of the 2000 Act are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Commission under Part 2 of that Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “The Commission” means the Electoral Commission established by section 1 of that Act. Any reference to a donation received by a candidate when he is (or is deemed to be) his own election agent includes a reference to a donation received by a candidate on a list of candidates to be London members of the London Assembly at an ordinary election who is, or is deemed to be, the election agent of all the candidates on the list. Any donation which is received by a candidate as mentioned in sub-paragraph (9) above shall be regarded as received by him in his capacity as election agent.
“Donation”, in relation to a candidate at an election, means (subject to paragraph 4 below)— Where— the transfer of the money or property shall (subject to sub-paragraph (4) below) constitute a gift to the candidate or (as the case may be) his election agent for the purposes of sub-paragraph (1)(a) above. In determining— regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the candidate in respect of the loan or the provision of the property, services or facilities. Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) above and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3 below) shall apply in relation to it to the exclusion of the other provision of this paragraph. The reference in sub-paragraph (1)(c) above to money spent as mentioned in that provision is a reference to money so spent by a person, other than the candidate, his election agent or any sub-agent, out of his own resources (with no right to reimbursement out of the resources of any such other person); and where, by virtue of sub-paragraph (1)(c) above, money so spent constitutes a donation to the candidate, the candidate shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor i respect of the expenses in question. In this paragraph—
For the purposes of this Schedule sponsorship is provided in relation to a candidate if— In sub-paragraph (1) above “defined expenses” means expenses in connection with— The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above— The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3) above. But any modification of sub-paragraph (2) or (3) by order under sub-paragraph (4) has no effect in relation to local government elections in Scotland. Any order under sub-paragraph (4) above shall be made by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament. In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).
None of the following shall be regarded as a donation— There shall also be disregarded any donation whose value (determined in accordance with paragraph 5 below) is not more than £50.
The value of any donation falling within paragraph 2(1)(a) above (other than money) shall be taken to be the market value of the property in question. Where, however, paragraph 2(1)(a) above applies by virtue of paragraph 2(2) above, the value of the donation shall be taken to be the difference between— The value of any donation falling within paragraph 2(1)(b) above shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1) above; and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded. The value of any donation falling within paragraph 2(1)(d) or (e) above shall be taken to be the amount representing the difference between— Where a donation such as is mentioned in sub-paragraph (4) above confers an enduring benefit on the donee over a particular period, the value of the donation— In this paragraph “market value” in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market.
A relevant donation received by a candidate or his election agent must not be accepted if— For the purposes of this Schedule any relevant donation received by a candidate or his election agent which is an exempt trust donation shall be regarded as a relevant donation received by the candidate or his election agent from a permissible donor; and section 162 of the 2000 Act (interpretation: exempt trust donations) shall apply for the purposes of this Schedule as it applies for the purposes of that Act. But, for the purposes of this Schedule, any relevant donation received by a candidate or his election agent from a trustee of any property (in his capacity as such) which is not— Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or his election agent by way of a relevant donation— then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £50 shall be treated as if it were a separate donation received from that person. In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given— Where— the agent must ensure that, at the time when the donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given all such details in respect of the donor as are required by virtue of paragraph 11(c) below. A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (5) or (6) above. A person guilty of an offence under sub-paragraph (7) shall be liable—
Sections 56 to 60 of the 2000 Act shall apply for the purposes of this Schedule in relation to— as they apply in relation to a donation received by a registered party and the registered party. In the application of sections 56 to 60 of that Act in accordance with sub-paragraph (1)—
Sub-paragraph (2) below applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, his own election agent at the time of receipt of the donation). The candidate shall, on receipt of any such donation as is mentioned in sub-paragraph (1) above, forthwith deliver to his election agent— Where a donation is delivered to an election agent in accordance with sub-paragraph (2) above, the donation shall be treated for the purposes of paragraph 6(1) to (4) above and the provisions applied by paragraph 7 above as if it had been— Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate himself) as election agent is in force he shall either— Sub-paragraph (3) above shall have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) above as it has effect in relation to a donation delivered to him in accordance with sub-paragraph (2) above. Sub-paragraph (7) below applies where— Subject to sub-paragraph (9) below, the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent— The relevant time for the purposes of sub-paragraph (7) above is— The duty imposed on a candidate by sub-paragraph (7)(a) above does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses. In this paragraph—
Section 61 of the 2000 Act shall apply for the purposes of this Schedule as if—
any reference to donations were to relevant donations;
any reference to a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) his election agent; and
any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or his election agent (or both).
The candidate’s election agent must include in any return required to be delivered under section 81 of this Act a statement of relevant donations which complies with paragraphs 11 and 12 below. If the statement states that the candidate's election agent has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register, the statement must be accompanied by a copy of the evidence. In the application of sub-paragraph (2) in relation to a local government election in Scotland, the reference to the Secretary of State is to be read as if it were a reference to the Scottish Ministers, and regulations made by the Scottish Ministers under that sub-paragraph are subject to the affirmative procedure. Sub-paragraph (2) does not apply to local government elections in Scotland.
The statement must record, in relation to each relevant donation accepted by the candidate or his election agent—
the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5 above;
the date when the donation was accepted by the candidate or his election agent;
the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act; and
such other information as may be required by regulations made by the Commission.
This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b) above. Where paragraph 6(1)(a) above applies, the statement must record— Where paragraph 6(1)(b) above applies, the statement must record— In this paragraph any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7 above.
Section 90ZA
Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.
Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.
The services of an election agent or any other person whose services are engaged in connection with the candidate's election.
Accommodation and administrative costs.
The payment of any deposit required by rule 9 of Schedule 1 to this Act.
Any matter that is reasonably attributable to the candidate’s disability, to the extent that the expenses in respect of the matter are reasonably incurred. In this paragraph “disability”: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In respect of a local government election in Wales, a matter in respect of which expenses are paid or reimbursed in accordance with the financial assistance scheme established by the Welsh Elections Financial Assistance Scheme (Disabled Candidates) Regulations 2025 (S.I. 2025/897 (W. 157)) (to the extent that the matter does not fall within paragraph 7A).
The publication of any matter, other than an advertisement, relating to the election in—
a newspaper or periodical;
a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru;
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.
In relation to a local government election in Wales, expenses incurred in respect of, or in consequence of, the translation of anything from Welsh into English or from English into Welsh.
The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of sections 95(4) and 96(4) above.
The provision by an individual of his own services which he provides voluntarily in his own time and free of charge.
Accommodation which is the candidate's sole or main residence. The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge.
Transport by a means of transport which was acquired by the candidate principally for his own personal use. Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use.
Computing or printing equipment which was acquired by the candidate principally for his own personal use. The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge.
... The protection of persons or property, to the extent that the expenses are reasonably incurred and are reasonably attributable to the protection of persons or property.
The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice for elections other than local government elections in Wales giving— Once the Commission have prepared a draft code under this paragraph, they must submit it to the Secretary of State for his approval. The Secretary of State may approve a draft code either without modification or with such modifications as he may determine. Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether— before each House of Parliament. If the draft incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of his reasons for making them. If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code. If no such resolution is made within the 40-day period— and the Commission must arrange for it to be published in such manner as they think appropriate. Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament. In this paragraph, “the 40-day period”, in relation to a draft code, means— no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. In this paragraph references to a draft code include a revised draft code.
The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice for local government elections in Wales giving— Once the Commission have prepared a draft code under this paragraph, they must submit it to the Welsh Ministers for approval. The Welsh Ministers may approve a draft code with or without modifications. Once the Welsh Ministers have approved a draft code they must lay a copy of the draft, in the form in which they have approved it, before Senedd Cymru. If the draft incorporates modifications, the Welsh Ministers must at the same time lay before Senedd Cymru a statement of their reasons for making them. If, within the 40-day period, Senedd Cymru resolves not to approve the draft, the Welsh Ministers must take no further steps in relation to it. If no such resolution is made within the 40-day period— Sub-paragraph (6) does not prevent a new draft code from being laid before Senedd Cymru. In this paragraph, “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before Senedd Cymru, no account being taken of any period during which Senedd Cymru is dissolved or is in recess for more than four days. In this paragraph references to a draft code include a revised draft code.
The Secretary of State may by order made by statutory instrument make such amendments of Part 1 or 2 of this Schedule as he considers appropriate. An order under sub-paragraph (1) shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. The Secretary of State may make such an order either—
Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.
Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.
The services of an election agent or any other person whose services are engaged in connection with the candidate's election.
Accommodation and administrative costs.
The publication of any matter, other than an advertisement, relating to the election in—
a newspaper or periodical;
a broadcast made by the British Broadcasting Corporation;
a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or Part 1 or 2 of the Broadcasting Act 1996 (c. 55).
The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of section 96(4) above.
The provision by an individual of his own services which he provides voluntarily in his own time and free of charge.
Accommodation which is the candidate's sole or main residence. The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge.
Transport by a means of transport which was acquired by the candidate principally for his own personal use. Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use.
Computing or printing equipment which was acquired by the candidate principally for his own personal use. The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge.
The Commission may prepare, and from time to time revise, a code of practice giving— Once the Commission have prepared a draft code under this paragraph, the Commission must submit it to the Scottish Ministers for their approval. The Scottish Ministers may approve a draft code either without modification or with such modifications as they may determine. Once the Scottish Ministers have approved a draft code, they must lay a copy of the draft before the Scottish Parliament, either— If the draft incorporates any modifications determined under sub-paragraph (3), the Scottish Ministers must at the same time lay before the Scottish Parliament a statement of their reasons for making them. If, within the 40-day period, the Scottish Parliament resolves not to approve the draft code, the Scottish Ministers must take no further steps in relation to the draft code. If no such resolution is made within the 40-day period— Sub-paragraph (6) does not prevent a new draft code from being laid before the Scottish Parliament. In this paragraph, “the 40-day period”, in relation to the draft code, means the period of 40 days beginning with the day on which the draft code is laid before the Scottish Parliament (taking no account of any time during which the Parliament is dissolved or in recess for more than 4 days). In this Part, references to a draft code include references to a draft revised code.
The Scottish Ministers may by order made by statutory instrument make such amendment of Part 1 or 2 of this Schedule as they consider appropriate. An order under sub-paragraph (1) may contain such incidental, supplemental, saving or transitional provisions as the Scottish Ministers think fit. No order is to be made under sub-paragraph (1) unless a draft of the instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.
Section 203A
Luxembourg.
Poland.
Portugal.
Spain.
Denmark