Legalize / United Kingdom / Public General Act

Representation of the People Act 1983

Type Public General Act

Publication 1983-02-08

Last updated 2026-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Parliamentary and Local Government Franchise and its Exercise

Parliamentary and local government franchise

Parliamentary electors

1

(1) A person is entitled to vote as an elector at a parliamentary election in any constituency if on the date of the poll he—

(a) is registered in the register of parliamentary electors for that constituency;

(b) is not subject to any legal incapacity to vote (age apart);

(d) is of voting age (that is, 18 years or over).

(2) A person is not entitled to vote as an elector—

(a) more than once in the same constituency at any parliamentary election; or

(b) in more than one constituency at a general election.

Local government electors

2

(1) 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—

(a) is registered in the register of local government electors for that area;

(b) is not subject to any legal incapacity to vote (age apart);

(c) 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—

(i) in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or

(ii) in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and

(d) is of voting age (that is, 18 years or over except in Wales (see subsection (1A))).

(1A) In Wales, voting age is 16 years or over.

(2) A person is not entitled to vote as an elector—

(a) more than once in the same electoral area at any local government election; or

(b) in more than one electoral area at an ordinary election for a local government area which is not a single electoral area.

Disfranchisement of offenders in prison etc.

3

(1) 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.

(1A) 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.

(1B) 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—

(a) on the same occasion, or

(b) 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.

(2) For this purpose—

(a) “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

(b) “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

(c) 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.

(3) It is immaterial for the purposes of this section whether a conviction or sentence was before or after the passing of this Act.

*State the relationship of the companion to the voter.

4

(1) 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—

(a) is resident in the constituency or that part of it;

(b) is not subject to any legal incapacity to vote (age apart);

(d) is of voting age.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—

(a) is resident in that area;

(b) is not subject to any legal incapacity to vote (age apart);

(i) in relation to a local government election in England, a qualifying EU citizen or an EU citizen with retained rights, or

(ii) in relation to a local government election in Wales, a relevant citizen of the Union or a qualifying foreign citizen; and

(d) is of voting age ....

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The preceding provisions have effect—

(a) subject to—

(i) any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and

(ii) compliance with any prescribed requirements; and

(b) (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).

(5) 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—

(a) his entry in the register shall give the date on which he will attain that age; and

(b) 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.

(5A) 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.

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section—

“qualifying Commonwealth citizen” means a Commonwealth citizen who either—is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, oris 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;

“the relevant date”, in relation to a person, means—the date on which an application for registration is made (or, by virtue of section 10A(2) below, is treated as having been made) by him;in the case of a person applying for registration in pursuance of a declaration of local connection or a service declaration, the date on which the declaration was made.

*The name of the sovereign may be altered when necessary.

5

(1) 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.

(2) 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—

(a) resident there if he has no home elsewhere, or

(b) not resident there if he does have a home elsewhere.

(3) 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—

(a) 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

(b) 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.

(4) For the purposes of subsection (3) above any temporary period of unemployment shall be disregarded.

(5) 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.

(6) 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.

Residence: merchant seamen

6

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—

(a) at any place at which he would have been resident but for the nature of his occupation; or

(b) at any hostel or club providing accommodation for merchant seamen at which he commonly stays in the course of his occupation.

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.

Residence: detained and voluntary mental patients

7

(1) This section applies to a person who—

(a) is a patient in a mental hospital (whether or not he is liable to be detained there), but

(b) is not a person to whom section 3A above or section 7A below applies.

(2) 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.

(3) 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—

(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered, or

(ab) 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

(b) 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)),

whichever first occurs.

(4) 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).

(5) Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—

(a) by virtue of his residence at some place other than the mental hospital in which he is a patient, or

(b) in pursuance of a declaration of local connection.

(6) 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”—

(a) in relation to England or Wales, has the same meaning as in the Mental Health Act 1983,

(b) in relation to Scotland, has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 , and

Registration of parliamentary and local government electors

Registration officers

8

(1) For the registration of electors there shall be electoral registration officers (in this Act referred to as “registration officers”).

(2) In England . . .—

(a) 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

(b) 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.

(2A) 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.

(3) 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.

(4) In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the registration officer for each constituency.

Registers of electors

9

(1) Each registration officer shall maintain—

(a) a register of parliamentary electors for each constituency or part of a constituency in the area for which he acts; and

(b) 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.

(2) Subject to any other provision of this Act, each register shall contain—

(a) 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;

(b) (subject to any prescribed exceptions) the qualifying addresses of the persons registered in it; and

(3) 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.

(4) 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.

(5) 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.

(5A) 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.

(5A) In relation to the registration of local government electors in Wales—

(a) 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;

(b) 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.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) 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—

(a) as a reference to one of those registers, or

(b) in relation to one of those registration officers, as the register maintained by him,

as the context may require.

(8) In this Act—

(a) any reference, in relation to a registration officer, to “his” registers is a reference to the registers maintained by him under this section; and

(b) “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.

Preparation of registers

10

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) 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.

(2) The canvass under subsection ... (1A) shall be conducted by reference to residence on 15th October in the year in which it is conducted.

(3) A canvass under this section shall not, however, be concerned with—

(a) 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

(b) the registration of persons in pursuance of—

(i) declarations of local connection,

(ii) service declarations, or

(iii) overseas electors’ declarations; or

(4) 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.

(4A) Subject to subsections (4B) and (4BZA) below, the information to be obtained by the use of such a form ... shall include—

(a) the signature of each of the persons in relation to whom the form is completed;

(b) the date of birth of each such person; and

(i) his national insurance number or a statement that he does not have one,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii) 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),

and the power in subsection (4) above to prescribe requirements includes power to give effect to the requirements of this subsection.

(4B) 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.

(4BZA) The requirement mentioned in subsection (4A)(a) above does not apply to forms that are submitted through the UK digital service.

(4BA) 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.

(5) In connection with a canvass under this section the Chief Electoral Officer for Northern Ireland may, for the purpose of—

(a) supplementing the information obtained by the use of any such form, or

(b) where any such form has not been returned, obtaining any information designed to be obtained by the use of the form,

make such house to house inquiries as he thinks fit.

(6) 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.

(7) In this section—

“residence” means residence for the purposes of section 4 above;

“the UK digital service” has the same meaning as in section 10ZF below, and references to submitting a form through the UK digital service shall be construed in accordance with subsection (4) of that section.

Correction of registers

11

Right to be registered

12

Publication of registers

13

(1) Each registration officer must for each year publish a revised version of his registers—

(a) 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

(b) 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.

(1A) 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—

(a) starting with 1st July in the year in question, and

(b) ending with 1st December in that year,

as if for “1st December in that year” there were substituted 1st February in the following year.

(2) The revised versions of the registers shall incorporate—

(a) all the alterations which are required to be made in them as mentioned in section 10(6) above; and

(b) any alterations which are required to be made by virtue of section 13A(3) or (3A) below.

(3) A registration officer may in addition, if he thinks fit, publish a revised version of either of his registers at any time between—

(a) the time when the register was last published in accordance with subsection (1) above, and

(b) the time when it is due to be next so published;

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.

(4) 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.

(5) 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) a revised version is next so published, or

(b) if earlier, any alteration to the register takes effect under any of sections 13A to 13BC below.

(6) 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.

Service qualifications and declarations for registration

Service qualification

14

(1) A person has a service qualification for the purposes of this Act who—

(a) is a member of the forces,

(b) (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,

(d) is the spouse or civil partner of a member of the forces,

(e) 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,

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.

(1A) 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—

(a) the person is under the age of 18,

(b) a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and

(1A) 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—

(a) the person is under the age of 18,

(b) a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service declaration

15

(1) A service declaration shall be made only—

(a) by a person who has a service qualification, or

(b) subject to any prescribed conditions, by a person about to leave the United Kingdom in such circumstances as to acquire a service qualification.

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.

(2) 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—

(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect,

(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered,

(ab) 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,

(b) the declaration is cancelled under subsection (7) below, or

(c) another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a service declaration),

whichever first occurs.

(3) 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.

(3A) 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.

(3B) 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.

(3C) Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.

(5) 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) 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—

(i) in relation to local government elections in England, by a qualifying EU citizen or an EU citizen with retained rights, or

(ii) in relation to local government elections in Wales, by a relevant citizen of the Union; and

(b) 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.

(5A) 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.

(5B) In subsection (5A), “relevant service declaration” means—

(a) a service declaration made by virtue of a service qualification under section 14(1A);

(b) a service declaration made by a qualifying foreign citizen;

(i) under the age of 17, and

(ii) not entitled to be registered in the register of parliamentary electors.

(5C) 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.

(6) If a person—

(a) makes a service declaration declaring to more than one address, or

(b) makes more than one service declaration bearing the same date and declaring to different addresses,

the declaration or declarations shall be void.

(7) A service declaration may at any time be cancelled by the declarant ....

(8) 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.

(9) 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.

(10) 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.

(11) No order may be made under subsection (9) unless—

(a) the Secretary of State first consults the Electoral Commission, and

(b) a draft of the instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.

(12) 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).

Contents of service declaration

16

(1) A service declaration shall state—

(a) the date of the declaration.

(b) . . . 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,

(d) 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,

(e) that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or —

(i) 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

(ii) 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,

(f) 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

(g) such particulars (if any) as may be prescribed of the declarant’s identity and service qualifications,

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.

(2) 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.

Effect of service declaration

17

(1) 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—

(a) resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(i) 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

(ii) 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,

of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.

(2) 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.

(3) In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).

Place and manner of voting at parliamentary elections

Polling districts and places at parliamentary elections

18

(1) 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.

(2) 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—

(a) 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;

(b) . . . , each parish or community shall in the absence of special circumstances be a separate polling district or districts;

(c) 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;

(d) 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.

(3) 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—

(a) 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;

(b) 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;

(c) 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;

(d) 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.

(4) 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.

(5) If . . . not less than 30 electors in a constituency make a representation to the Electoral Commission that the powers conferred by this section have not been exercised so as to meet the reasonable requirements of the electors in the constituency or any body of those electors, the Electoral Commission shall consider the representation and may, if they think fit—

(a) direct the council . . . by whom the powers are exercisable, to make any alterations which the Electoral Commission thinks necessary in the circumstances, and

(b) if the council . . . fails to make those alterations within a month after the direction is given, himself make the alterations,

and any alterations made by the Electoral Commission under this subsection shall have effect as if they had been made by the council . . ..

In this subsection the expression “interested authority”, in relation to any constituency, means—

(i) 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;

(ii) as respects Wales, the council of a community which is so situated;

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) On the exercise of any power given by this section, the council . . . —

(a) 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;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) 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.

(8) Where any alteration of polling districts in an area is made under this section—

(a) 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

(b) 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.

(9) An election shall not be questioned by reason of—

(a) any noncompliance with the provisions of this section; or

(b) any informality relative to polling districts or polling places.

Voting at parliamentary elections

19

Absent voters at parliamentary elections

20

(1) 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.

(2) The application shall be for a particular election only, unless it is based on—

(a) the general nature of the applicant's occupation, service or employment; or

(b) the applicant's physical incapacity ; or

(d) the ground that the applicant no longer resides at his qualifying address.

(3) 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—

(a) he applies to the registration officer to be no longer so treated; or

(b) he ceases to be registered at the same qualifying address or becomes so registered as a service voter ; or

(c) 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.

(4) 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.

(5) 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.

Proxies at parliamentary elections

21

Voting as proxy at parliamentary elections

22

(1) 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.

(2) A proxy may exercise the right to vote as such at a parliamentary election by post if—

(a) 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

(b) either—

(i) he is entitled to vote by post as an absent voter at the election ; or

(ii) that address is not in the same area as the elector's qualifying address.

(3) For the purposes of this section, an address shall not be treated as in the same area as a qualifying address unless—

(a) both addresses are in the same electoral division of Greater London, or

(b) 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

(d) both addresses are in the same electoral division in Scotland, or

(e) both addresses are in the same ward in Northern Ireland.

(4) 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.

(5) Any such application shall be made to the registration officer and shall be allowed by him in any case where he is satisfied—

(a) that the elector is or will be registered as such for elections to which the application relates; and

(b) that there is in force an appointment of the applicant as his proxy to vote in respect of that registration ; and

(6) Where any such application is based on the applicant's right to vote by post as an elector, then—

(a) if that right extends only to a particular election, the application shall also extend only to that election;

(b) 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—

(i) 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

(ii) he ceases to be proxy for the elector, or is so only by virtue of a new appointment.

(7) 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—

(a) he applies for a ballot paper not to be sent to that address; or

(b) he ceases to be proxy for the elector, or is so only by virtue of a new appointment

(8) 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.

Conduct of parliamentary elections

Rules for parliamentary elections

23

(1) The proceedings at a parliamentary election shall be conducted in accordance with the parliamentary elections rules in Schedule 1 to this Act.

(2) 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.

(3) 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—

(a) the election was so conducted as to be substantially in accordance with the law as to elections; and

(b) the act or omission did not affect its result.

Returning officers: England and Wales

24

(1) In England and Wales, the returning officer for a parliamentary election is—

(a) in the case of a county constituency in England which is coterminous with or wholly contained in a county, the sheriff of the county;

(aa) 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;

(b) 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;

(bb) 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;

(c) 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;

(cc) 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;

(d) in the case of a constituency which is coterminous with or wholly contained in a London borough, the mayor of the borough;

(dd) 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”

(e) 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.

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.

(1A) 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.

(2) 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.

Returning officers: Scotland

25

(1) In Scotland, the returning officer for a parliamentary election is—

(a) 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;

(b) 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.

(2) 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Returning officer: Northern Ireland

26

(1) In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the returning officer for each constituency.

(2) 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.

Returning officers generally

27

(1) 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.

(2) 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.

(3) 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.

Discharge of returning officer's functions in England and Wales

28

(1) 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—

(a) 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;

(aa) 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;

(b) 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.

(2) The duties excepted from subsection (1) above are—

(a) any duty imposed on a returning officer under rule 3 of the parliamentary elections rules; and

(b) 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.

(3) 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.

(3A) For the purposes of subsection (3), the writ is to be taken to have been received—

(a) in the case of a general election, on the day after the date of the dissolution of Parliament, and

(b) in the case of a by-election, on the day after the date of the warrant for the writ.

(4) 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.

(5) 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.

(6) 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.

Payments by and to returning officer

29

(1) 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.

(2) 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.

(3) 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—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and

(b) 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.

(3A) 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.

(3B) The Secretary of State may, in a particular case, authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if he is satisfied that the conditions in subsection (3C) are met.

(3C) The conditions referred to in subsection (3B) are—

(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses, and

(b) that the charges in question are reasonable.

(4C) 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..

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

Taxation of returning officer's account

30

(1) An application for a returning officer’s account to be taxed shall be made—

(a) where the account relates to an election in a constituency in England or Wales or in Northern Ireland, to the county court,

(b) where the account relates to an election in a constituency in Scotland, to the Auditor of the Court of Session,

and in this section the expression “the court” means that court or Auditor.

(2) 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.

(3) 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.

(4) 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.

Place and manner of voting at local government elections

Polling districts and stations at local government elections

31

(1) 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.

(1A) 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.

(1B) 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.

(2) 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.

(3) 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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting at local government elections

32–34

Absent voters at local government elections

33

(1) 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.

(2) The application shall be for a particular election only, if it is based on—

(a) the applicant's service as a member of any of Her Majesty's reserve or auxiliary forces ; or

(b) the fact that the applicant is acting as returning officer in some other electoral area ; or

(c) the particular circumstances of the applicant's employment on the date of the poll either as a constable or by a returning officer;

(d) religious observance ; or

(e) a patient's declaration under section 7 above.

(3) 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—

(a) he applies to the registration officer to be no longer so treated; or

(b) he ceases to be registered at the same qualifying address, or becomes so registered as a service voter ; or

(c) 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.

(4) 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.

Proxies at local government elections

34

(1) 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.

(2) 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.

(3) A person—

(a) 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 ;

(b) 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.

(4) A person voting as proxy at a local government election may do so by post if—

(a) 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

(b) he is entitled to vote by post as an absent voter at the election,

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.

(5) 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.

(6) 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.

Conduct of local government elections in England and Wales

Returning officers: local elections in England and Wales

35

(1) 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.

(1A) In Wales the council of every county or county borough shall appoint—

(a) an officer of the council to be the returning officer for elections of councillors of the county or county borough; and

(b) an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.

(2B) 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.

(2C) The returning officer—

(a) at any election of the Mayor of London,

(b) at the election of the London members of the London Assembly at an ordinary election, and

(c) for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),

shall be the proper officer of the Greater London Authority.

(3) The returning officer at an election of London borough councillors shall be the proper officer of the borough.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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.

(5) 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.

(6) 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.

Local elections in England and Wales

36

(1) Elections of councillors for local government areas in England ... shall be conducted in accordance with rules made by the Secretary of State.

(2) 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.

(2A) As regards the Greater London Authority—

(a) Authority elections, and

(b) the return of London members of the London Assembly otherwise than at an election,

shall be conducted in accordance with rules made under this subsection by the Secretary of State.

(2B) 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—

(a) the inclusion, withdrawal, addition or removal of persons;

(b) 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.

(3) Where the polls at—

(a) the ordinary election of district councillors for any district ward or an election to fill a casual vacancy occurring in the office of such a councillor, and

(b) the ordinary election of parish . . . councillors for any parish . . . or an election to fill a casual vacancy occurring in the office of such a councillor,

(3AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3AC) Where the polls at—

(a) 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

(b) 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,

are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.

(3A) For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.

(3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.

(3C) The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.

(4) 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.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) 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.

(5) 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..

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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.

(6A) 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.

(7) Rules made under this section shall be—

(a) made by statutory instrument;

(b) subject to annulment in pursuance of a resolution of either House of Parliament.

Ordinary day of local elections in England and Wales

37

(1) In every year the ordinary day of election of councillors is the same for all local government areas in England ... and is—

(a) the first Thursday in May;

(b) 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.

(2) 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.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The power to make an order under this section is exercisable by statutory instrument.

Nominations and candidate's death in local election in England and Wales

38

Local elections void etc. in England and Wales

39

(1) 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,—

(a) the poll is countermanded or abandoned for any reason, or

(b) 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,

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.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) 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.

(3) 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.

(4) In a case not falling within subsection (1) above—

(a) 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

(b) if a parish or community council is not properly constituted because an election is not held or is defective or for any other reason,

the district council or Welsh county or county borough council—

(i) 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

(ii) may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.

(5) Where an election is ordered to be held under this section—

(a) 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;

(b) no fresh nomination is necessary in the case of a candidate who remains validly nominated for that election.

(6) An order made—

(a) under this section may include such modifications of the provisions of—

(i) this Part of this Act (and the rules under section 36 or section 36A), and

(ii) the Local Government Act 1972 or the 1999 Act . . . ,

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;

(b) by a . . . council under subsection (4) above with respect to an election of parish or community councillors may modify the provisions of—

(i) this Act (and the rules with respect to such elections under section 36 or section 36A); and

(ii) any other enactment relating to such elections.

(7) 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.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) 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.

Timing as to local elections in England and Wales

40

(1) 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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) 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.

(3) 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.

Conduct of local government elections in Scotland

Returning officers: local elections in Scotland

41

(1) 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.

(2) 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.

(3) 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.

Local elections in Scotland

42

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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.

(6) 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.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Day of ordinary local elections in Scotland, and other timing provisions

43

(1) 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—

(a) the first Thursday in May; or

(b) 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.

(1A) An order made under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(1AA) 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.

(1AB) 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.

(1AC) An order under subsection (1AB) is subject to the affirmative procedure.

(1B) Despite subsection (1) above—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) 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,

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;

(1C) In subsection (1B) above—

“extraordinary general election” means a general election for membership of the Scottish Parliament held under section 3 of the 1998 Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“ordinary local election” means an ordinary election of councillors for local government areas in Scotland held in accordance with section 5 of the 1994 Act and this Act;

“relevant period” means the period beginning with 11th March in a year in which an ordinary local election falls to be held and ending with the day which immediately precedes the first Thursday in May in that year,

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.

(1D) An order under subsection (1B) above shall be made by statutory instrument.

(2) Where—

(a) the day or the last day on which anything is required or permitted to be done by any rules under section 42 above, or

(b) the day on which anything is required to be done under subsection (1) or (1B) above . . . or section 43A, 43B or 45(1),

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.

(3) 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.

(4) 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.

Candidate's death in local election in Scotland

44

Non-election of local authority etc. in Scotland

45

(1) If in Scotland—

(a) 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

(b) there is for any reason no legally constituted local authority for any area, or

(c) 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 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.

(2) The Secretary of State may in that direction—

(a) 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

(b) make such incidental, consequential, transitional or supplemental provision as appears to him to be necessary or proper.

Supplemented provisions as to local government elections

Further provision as to local election voting

46

(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—

(a) give more than one vote for any one candidate; or

(b) give more votes in all than the total number of councillors to be elected for the electoral area in England.

(2) 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.

Loan of equipment for local elections

47

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.