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Elections Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2025-07-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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(3B) A person (“P”) is also guilty of an offence if P votes as proxy— (a) for more than four electors— (i) at a parliamentary election; (ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together; (iii) at a local government election in England; (iv) where the polls for two or more local government elections in England are held on the same day, at those elections taken together; (b) for more than two electors— (i) at a parliamentary election, or (ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together, 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; (c) for more than two electors— (i) at a local government election in England, or (ii) where the polls for two or more local government elections in England are held on the same day, at those elections taken together, 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.

(4) In subsection (4)—

(a) omit “at a parliamentary election in any constituency or”;

(b) after “any electoral area” insert “in Wales or Scotland”.

(5) In subsection (6), after “subsection” insert “(3B) or”.

3

In section 202 (general provisions as to interpretation), in subsection (1), after the definition of “registered political party” insert—

“service declaration” means a declaration made by a person under and in accordance with section 15;

4

(1) Rule 35 of Schedule 1 (questions to be put to voters) is amended as follows.

(2) In paragraph (1)—

(a) omit “and” at the end of sub-paragraph (a);

(b) insert “and” at the end of sub-paragraph (b);

(c) must be put if— (i) the person has answered the previous question in the manner indicated, and (ii) the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:

(3) The table following paragraph (1) is amended in accordance with sub-paragraphs (4) to (6).

(4) In entry 2, in the column headed “Questions”, for question (c) substitute—

“Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of four or more electors?” [R] If the person answers question (c) in the negative: “Have you already voted as proxy at this election, whether here or elsewhere in this constituency or in any other constituency, on behalf of two or more electors?” [R]If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R]If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration?” [R]At an election held in Northern Ireland, “What is your date of birth?”.

(5) In entry 3, in the column headed “Questions”, for question (c) substitute—

(6) Omit entry 4.

(7) In paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

5

In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 5B insert—

(5C) (1) Provision as to the steps that the Chief Electoral Officer for Northern Ireland must take, before appointing a person as proxy to vote for another, to ensure that the appointment complies with section 8(2A) of the Representation of the People Act 1985. (2) Provision under sub-paragraph (1) may require a registration officer in Great Britain to provide information about whether the person has or will have an entry in a register of parliamentary electors maintained by the officer.

Representation of the People Act 1985

6

(1) Section 8 of the Representation of the People Act 1985 (proxies at parliamentary elections in Northern Ireland) is amended as follows.

(2) After subsection (2) insert—

(2A) A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election unless the person is or will be registered in a register of parliamentary electors in Great Britain or Northern Ireland.

(3) In subsection (3)—

(a) omit the “or” at the end of paragraph (a);

(b) omit paragraph (b).

(4) For subsection (5) substitute—

(5) A person— (a) is not entitled to vote as proxy at a parliamentary election on behalf of more than two electors who do not fall within subsection (5A), but (b) subject to paragraph (a), is entitled to vote as proxy at a parliamentary election on behalf of up to four electors. (5A) An elector falls within this subsection if the elector is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration. (5B) Where the polls for two or more parliamentary elections are held on the same day, references in subsection (5A) to a parliamentary election are to all of those elections taken together.

(5) After subsection (7) insert—

(7A) The requirements prescribed under subsections (6) and (7) must include a requirement for an application to contain the proxy’s date of birth.

Representation of the People Act 2000

7

(1) Paragraph 6 of Schedule 4 to the Representation of the People Act 2000 (proxies at parliamentary elections and local government elections in Great Britain) is amended as follows.

(2) After sub-paragraph (5B) insert—

(5C) A person— (a) is not entitled to vote as proxy at a parliamentary election, or at a local government election in England, on behalf of more than two electors who do not fall within sub-paragraph (5D), but (b) subject to paragraph (a), is entitled to vote as proxy at any such election on behalf of up to four electors. (5D) An elector falls within this sub-paragraph— (a) in relation to a parliamentary election, if the elector is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration; (b) in relation to a local government election in England, if the elector is registered in a register of local government electors in England in pursuance of a service declaration. (5E) Where the polls for two or more parliamentary elections are held on the same day, references in sub-paragraph (5C) to a parliamentary election are to all of those elections taken together. (5F) Where the polls for two or more local government elections in England are held on the same day, references in sub-paragraph (5C) to a local government election in England are to all of those elections taken together.

(3) In sub-paragraph (6)—

(a) omit paragraph (a);

(b) in paragraph (b), after “electoral area” insert “in Wales or Scotland”.

Termination of certain proxy appointments on the specified day

8

(1) This paragraph applies where—

(a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which paragraph 2 (2) comes into force, and

(b) the appointment has effect immediately before the specified day in relation to—

(i) parliamentary elections in England and Wales or Scotland or local government elections in England (or both), or

(ii) a particular parliamentary election in England and Wales or Scotland or local government election in England.

(2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3) The registration officer must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b) information about how to make a fresh application to vote by proxy.

(4) As soon as practicable after the specified day, the registration officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5) Where the specified day is 31 January in a particular year,sub-paragraph (6) applies in relation to a person who—

(a) is entitled (before that day) to vote by proxy by means of the proxy appointment, and

(b) falls within the category of persons in relation to whom the requirement to send a regulation 60A notice by that day applies.

(6) The requirement to send the person a regulation 60A notice by the specified day does not apply, unless—

(a) the person has an entitlement (or entitlements) due to continue beyond that day—

(i) to vote by proxy at local government elections in Scotland or Wales,

(ii) to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both), or

(iii) to vote by post (whether as elector or proxy) at local government elections in Scotland or Wales, and

(b) regulation 60A applies in relation to that entitlement (or those entitlements).

(7) Nothing in sub-paragraph (2) affects the proxy appointment so far as it also relates to any election or elections other than those mentioned insub-paragraph (1)(b).

(8) In this paragraph—

“proxy appointment” means an appointment of a person to vote as proxy for another person;

“registration officer” has the meaning given by section 8(1) of RPA 1983;

“regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2);

“regulation 60A notice” means a notice under regulation 60A;

“relevant absent voters’ records” means the records kept under paragraphs 3(4), 4(6) and 7(6) and (8) of Schedule 4 to RPA 2000;

“RPA 2000” means the Representation of the People Act 2000;

“specified” means specified by the Secretary of State in regulations made by statutory instrument.

9

(1) This paragraph applies where—

(a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of this Schedule come into force, and

(b) the appointment has effect immediately before the specified day in relation to—

(i) parliamentary elections in Northern Ireland, or

(ii) a particular parliamentary election in Northern Ireland.

(2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3) The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b) information about how to make a fresh application to vote by proxy.

(4) As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5) More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

(6) In this paragraph—

“proxy appointment” means an appointment of a person to vote as proxy for another person;

“relevant absent voters’ records” means the records kept under sections 6(3) and 9(6) and any lists under sections 7(4) and 9(9) of RPA 1985 which have not been published under regulation 66(3) of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741);

“relevant provisions of this Schedule” means paragraphs 2 (2) and 6 (2);

“RPA 1985” means the Representation of the People Act 1985;

“specified” means specified by the Secretary of State in regulations made by statutory instrument.

Termination of applications for certain proxy appointments on the specified day

10

(1) An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

(a) parliamentary elections in England and Wales or Scotland or local government elections in England (or both), or

(b) a particular parliamentary election in England and Wales or Scotland or local government election in England.

(2) The registration officer must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

(3) Sub-paragraph (1) does not apply where the application was made on or after the day on which paragraph 2 (2) comes into force.

(4) Expressions used in this paragraph and in paragraph 8 have the same meaning as in that paragraph.

11

(1) An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

(a) parliamentary elections in Northern Ireland, or

(b) a particular parliamentary election in Northern Ireland.

(2) The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

(3) Sub-paragraph (1) does not apply where the application was made on or after the day on which the relevant provisions come into force.

(4) More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

(5) Expressions used in this paragraph and in paragraph 9 have the same meaning as in that paragraph.

Schedule 5

Local Government Act 1972

1

The Local Government Act 1972 is amended as follows.

2

In section 80 (disqualifications for election and holding office as member of local authority), in subsection (1), after paragraph (e) insert

; or (f) is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence);

Local Government Act (Northern Ireland) 1972

3

In section 4 of the Local Government Act (Northern Ireland) 1972 (disqualifications), in subsection (1), after paragraph (e) insert—

(ea) the person is incapable of being elected to or holding— (i) the office of member of the House of Commons of the Parliament of the United Kingdom, having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983, article 69 of the Police and Crime Commissioner Elections Order 2012 or regulation 136 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (undue influence); (ii) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001) (undue influence); or

Representation of the People Act 1983

4

(1) RPA 1983 is amended as follows.

(2) In section 160 (persons reported personally guilty of corrupt or illegal practices)—

(a) after subsection (4A) insert—

(4B) 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)— (a) is, during the relevant period specified in subsection (5), incapable of being elected to the House of Commons, and (b) if already elected to a seat in the House of Commons, must vacate the seat as from the date of the report. (4C) 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).

;

(b) in subsection (5), for “subsection (4)” substitute “subsections (4) and (4B)”.

(3) In section 173 (incapacities on conviction for corrupt or illegal practice)—

(a) after subsection (2) insert—

(2A) A person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence)— (a) is, during the relevant period specified in subsection (3), incapable of being elected to the House of Commons, and (b) 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).

;

(b) in subsection (3), for “subsection (1)(a)” substitute “subsections (1)(a) and (2A)(a)”;

(d) after subsection (7) insert—

(7A) 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).

;

(e) in subsection (8), for “subsection (7)” substitute “subsections (7) and (7A)”;

(f) after subsection (9) insert—

(9A) 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.

Greater London Authority Act 1999

5

In section 21 of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member)—

(a) omit the “or” after paragraph (d);

(b) after paragraph (e) insert

; or (f) the person is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

Local Democracy, Economic Development and Construction Act 2009

6

In Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections), in paragraph 9(1), after paragraph (d) insert—

(e) is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

7

In section 66 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner), in subsection (3)—

(a) omit the “or” at the end of paragraph (c);

(b) after paragraph (d) insert

; or (e) the person is incapable of being elected to or holding the office of— (i) member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence); (ii) member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

Schedule 6

Part 1 — Local elections in Northern Ireland

Electoral Law Act (Northern Ireland) 1962

1

The Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) is amended as follows.

2

In section 96 (provisions applying to all persons reported personally guilty of a corrupt or illegal practice)—

(a) omit “or” at the end of subsection (3A)(b);

(b) after subsection (3A)(b) insert—

(ba) a corrupt practice under paragraph 5ZA of that Schedule (handling of postal voting documents by political campaigners); or

3

In section 108 (penalties for corrupt practices), in subsection (4)(a)(i), for “or 4A”, in both places, substitute “, 4A or 5ZA”.

4

In section 112 (incapacities resulting from convictions for corrupt or illegal practices)—

(a) omit “or” at the end of subsection (1A)(b);

(b) after subsection (1A)(b) insert—

(ba) a corrupt practice under paragraph 5ZA of Schedule 9 (handling of postal voting documents by political campaigners); or

5

In section 114 (corrupt and illegal practices committed by agents), in subsection (1)(a), after “paragraph” insert “5ZA or”.

6

Schedule 5 (local elections rules) is amended in accordance with paragraphs 7 to 22.

7

In rule 5 (nomination of candidates), for paragraph (2A) substitute—

(2A) If a candidate— (a) commonly uses a surname that is different from any other surname the candidate has, (b) commonly uses a forename that is different from any other forename the candidate has, or (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names), the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

8

In rule 12 (publication of statement of persons nominated), in paragraph (2A)—

(a) for “in addition to another name” substitute “in accordance with rule 5(2A)”;

(b) for “any other name” substitute “the other surname or forename”.

9

After rule 16A insert—

(16B) (1) The returning officer must prepare the following lists for each polling station— (a) a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989); (b) a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision. (2) For the purposes of paragraph (1)(b), “relevant provision” means— (a) where the person is or will be registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and (b) where the person is or will be registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985. (3) A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at each polling station to make a decision under rule 34(3)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age). (4) A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules or provision made by or under any other enactment— (a) permit a list prepared under paragraph (1) for a polling station to be inspected; (b) supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list; (c) make use of information contained in a list prepared under paragraph (1). (5) This paragraph applies to— (a) the returning officer; (b) a person to whom functions are delegated by the returning officer; (c) the presiding officer of the polling station; (d) a clerk or other officer appointed to work at the polling station.

10

In rule 22 (provision of polling stations), after paragraph (4) insert—

(5) The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

11

In rule 23 (appointment of presiding officers and clerks), in paragraph (3), for the words from “except” to the end substitute

except— (a) order the arrest of any person or the exclusion or removal of any person from the polling station, (b) refuse to deliver a ballot paper under rule 32(3) or paragraph (4) of rule 34 (including that paragraph as applied by rule 35, 36 or 37), or (c) resolve doubts over identity as mentioned in paragraph (5A) of rule 34 (including that paragraph as applied by rule 35, 36 or 37).

12

(1) Rule 26 (equipment of polling stations) is amended as follows.

(2) In paragraph (3), after sub-paragraph (e) insert—

(f) the lists prepared for the polling station under rule 16B.

(3) For paragraph (3A)(b) substitute—

(b) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 34 (including in relation to voting secretly).

(4) After paragraph (3A) insert—

(3B) In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 34 because of— (a) blindness or partial sight, or (b) another disability. (3C) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b). (3D) Before giving guidance under paragraph (3C), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate. (3E) In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (3C).

(5) Omit paragraphs (5) to (10).

13

(1) Rule 32 (questions to be put to voters) is amended as follows.

(2) In paragraph (1A), after “elector” insert “or as proxy”.

(3) For paragraph (2) substitute—

(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned in paragraph (1) above must, put the following additional question:— (a) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of four or more electors?” and if the person answers that question in the negative, the following question:— (b) “Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of two or more electors both or all of whom are registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?” and if the person answers that question in the affirmative, the following question:— (c) “Is the elector (or are the electors) for whom you are voting today at this election registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?”

(4) After paragraph (2) insert—

(2A) Where a clerk— (a) gives a person the required information (see paragraph (6)), (b) puts any of the questions set out in paragraphs (1) to (2) above to the person, and (c) decides that the person has failed to answer the question satisfactorily, the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(5) For paragraph (3) substitute—

(3) Where the presiding officer— (a) gives a person the required information, (b) puts any of the questions set out in paragraphs (1) to (2) above to the person (whether or not following a referral under paragraph (2A)), and (c) decides that the person has failed to answer the question satisfactorily, the officer must refuse to deliver a ballot paper to the person.

(6) After paragraph (5) insert—

(6) 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) a ballot paper will be refused if the person fails to answer each question satisfactorily, and (b) giving false information may be an offence.

14

(1) Rule 34 (voting procedure) is amended as follows.

(2) For the heading substitute “Voting procedure and voter identification requirements”.

(3) After paragraph (2) insert—

(2A) The presiding officer or clerk must arrange for the voter to produce a specified 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.

(4) In paragraph (3), for the words from “the officer” to the end substitute

— (a) the officer or clerk decides that— (i) the document, or (ii) 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 (5C)), raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or (b) the officer or clerk reasonably suspects that the document is a forged document (see paragraph (6B)).

(5) In paragraph (4)—

(a) after “decides” insert “or reasonably suspects (as the case may be)”;

(b) after “voter” insert “(subject to paragraph (5A))”.

(6) In paragraph (5), after “decides” insert “or reasonably suspects (as the case may be)”.

(7) After paragraph (5) insert—

(5A) There is an exception from paragraph (4) for cases within paragraph (3)(a) where— (a) 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 (b) 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. (5B) The refusal to deliver a ballot paper to a voter under paragraph (4) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (5A) apply on any further application. (5C) For the purposes of paragraph (3)(a)(ii), “relevant provision” means— (a) where the voter is registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and (b) where the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.

(8) In paragraph (6)—

(a) for “one which” substitute “a document (in whatever form issued to the holder and regardless of any expiry date) which”;

(b) in sub-paragraph (j), after “a” insert “Registered Blind SmartPass or”;

(d) after sub-paragraph (k) insert—

(ka) a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;

;

(e) after sub-paragraph (l) insert—

(m) a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.

(9) After paragraph (6A) insert—

(6B) In this rule, a “forged document” means a false document made to resemble a specified document. (6C) 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.

15

In rule 35 (votes marked by presiding officer), in paragraph (2), for the words from “reading” to the end substitute “but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and (b) in rule 34(5B), the reference to paragraph (1) of rule 34 were to paragraph (1) of this rule.

16

(1) Rule 36 (voting by persons with disabilities) is amended as follows.

(2) In paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”.

(3) In paragraph (2A), for the words from “reading” to the end substitute “but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and (b) in rule 34(5B), the reference to paragraph (1) of rule 34 were to paragraph (1) of this rule.

(4) In paragraph (3), omit the words from “and a person” to the end.

17

In rule 37 (tendered ballot papers), in paragraph (2)—

(a) for “paragraph (1)” substitute “this rule”;

(b) after “34(1)” insert “, but as if the reference in rule 34(5B) to making a further application under rule 34(1) 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”.

18

In rule 38 (refusal to deliver ballot paper), in paragraph (2), after “that” insert “and to rule 34(5B)”.

19

In rule 41(1) (sealing and delivery of documents etc), after sub-paragraph (da) insert—

(db) the lists provided to the polling station under rule 26(3)(f),

20

(1) Rule 56A (destruction of home address forms) is amended as follows.

(2) For “each candidate’s home address form” substitute “the documents mentioned in paragraph (1A)”.

(3) After paragraph (1) insert—

(1A) The documents referred to in paragraph (1) are— (a) each candidate’s home address form; (b) the lists provided to the polling station under rule 26(3)(f).

(4) In the heading, after “forms” insert “and date of birth lists”.

21

In form 1 in the Appendix of Forms (form of nomination paper), for note 3 substitute—

(3) Where a candidate commonly uses a name or names— (a) that are different from the candidate’s full names as stated on the nomination paper, or (b) in a different way from the candidate’s full names as stated on the nomination paper, 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.

22

In the Appendix of Forms, in form 10 (declaration for the companion of a voter with disabilities)—

(a) in the section of the form beginning “I have been requested”, for the words from “I am entitled” to “does not apply” substitute “I am aged 18 or over”;

(b) in the section of the form beginning “NOTE”, after “any person” insert “, except the elector to whom assistance is being provided,”.

23

Schedule 9 (electoral misdemeanours) is amended in accordance with paragraphs 24 to 27.

24

For paragraph 3 substitute—

(3) (1) A person is guilty of undue influence if the person carries out an activity falling within sub-paragraph (3) for the purpose of— (a) inducing or compelling an elector or proxy for an elector to vote in a particular way or to refrain from voting, or (b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector. (2) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of sub-paragraph (3) on account of— (a) an elector or proxy for an elector having voted in a particular way or refrained from voting, or (b) P assuming an elector or proxy for an elector to have voted in a particular way or to have refrained from voting. (3) The following activities fall within this sub-paragraph— (a) using or threatening to use violence against a person; (b) damaging or destroying, or threatening to damage or destroy, a person’s property; (c) damaging or threatening to damage a person’s reputation; (d) causing or threatening to cause financial loss to a person; (e) causing spiritual injury to, or placing undue spiritual pressure on, a person; (f) doing any other act designed to intimidate a person; (g) doing any act designed to deceive a person in relation to the administration of an election. (4) For the purposes of sub-paragraphs (1) and (2) an activity is carried out by a person (“P”) if it is carried out— (a) by P, (b) by P jointly with one or more other persons, or (c) by one or more other persons on behalf of P and with P’s authority or consent.

25

After paragraph 5 insert—

(5ZA) (1) A person who is a political campaigner in respect of a local election is guilty of a corrupt practice if the person handles a postal voting document that has been issued to another person for use in that election. (2) But a person who handles a postal voting document for use in a local election is not guilty of a corrupt practice if— (a) 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), (b) the person is engaged in the business of a postal operator, or (c) 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, and the handling is consistent with the person’s duties in that capacity. (3) Nor is a person guilty of a corrupt practice if the person— (a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or (b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person. (4) It is a defence for a person charged with the corrupt practice to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a local election. (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under sub-paragraph (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (6) For the purposes of this paragraph a person is a political campaigner in respect of a local election if any of the following paragraphs applies— (a) the person is a candidate at the election; (b) the person is an election agent of a candidate at the election; (c) 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; (d) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election; (e) the person is employed or engaged by a registered political party in connection with the party’s political activities; (f) the person is employed or engaged by a person within any of paragraphs (a) to (e) to carry on an activity designed to promote a particular outcome at the election; (g) the person is employed or engaged by a person within paragraph (f) to carry on an activity designed to promote a particular outcome at the election. (7) In this paragraph— - “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27(3) to (5) of that Act); - “postal voting document” means a postal ballot paper, declaration of identity or envelope that has been issued to a person by the returning officer for the purpose of enabling the person to vote by post at a local election; - “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000. (8) For the purposes of this paragraph, an envelope— (a) that is not a postal voting document, but (b) that contains a postal ballot paper or declaration of identity that has been issued to a person for the purpose of enabling the person to vote by post at a local election, is to be treated as if it were a postal voting document that has been issued to the person for use in the election. (9) In this paragraph, 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. (10) For the purposes of sub-paragraph (3)(a), two people living together as if spouses of each other are treated as if they were spouses or civil partners of each other.

26

(1) Paragraph 12A (illegal practices: voting offences) is amended as follows.

(2) After sub-paragraph (1) insert—

(1A) A person (“P”) is guilty of an illegal practice if P applies for the appointment of a proxy to vote for P— (a) at a local election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for four or more other electors; (b) at a local election where— (i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification; (c) at local elections, where P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for four or more other electors; (d) at local elections, where— (i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and (ii) P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification.

(3) For sub-paragraph (4) substitute—

(4) A person is also guilty of an illegal practice if the person votes as proxy— (a) for more than four electors— (i) at a local election, or (ii) where the polls for two or more local elections are held on the same day, at those elections taken together; (b) for more than two electors— (i) at a local election, or (ii) where the polls for two or more local elections are held on the same day, at those elections taken together, where the person knows that more than two of those electors are registered in a register of local electors otherwise than by virtue of a service qualification.

(4) In sub-paragraph (6), after “deemed to have voted” insert “(but see sub-paragraph (6A))”.

(5) After sub-paragraph (6) insert—

(6A) For the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (2)(a)(i) or (3)(a)(i), 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.

27

(1) Paragraph 27 (requirement of secrecy) is amended as follows.

(2) In sub-paragraph (3)—

(a) omit “or” at the end of paragraph (d), and

(b) omit paragraph (e).

(3) After sub-paragraph (3) insert—

(3A) A person is guilty of an electoral offence if the person— (a) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates 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 local election; (b) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates 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 local election; (c) obtains or attempts to obtain information, in the circumstances mentioned in sub-paragraph (3B), as to the candidate for whom a person voting by post at a local election (“V”) is about to vote or has voted; or (d) communicates at any time to any other person information obtained in contravention of paragraph (c). (3B) The circumstances referred to in sub-paragraph (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. (3C) But— (a) a person (“E”) who is voting by proxy is not guilty of the offence under sub-paragraph (3A) if E obtains or attempts to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to E’s vote, and (b) a person who is appointed as proxy for an elector is not guilty of the offence under sub-paragraph (3A) if the person communicates to that elector information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to that elector’s vote. (3D) Sub-paragraph (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) a published statement relating to the way in which voters intend to vote or have voted at the election, or (b) a published forecast as to the result of that election which is based on information given by voters. (3E) In sub-paragraph (3D)— (a) “forecast” includes estimate; (b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means; (c) the reference to the result of the 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. (3F) A person voting as proxy for an elector at a local election is guilty of an electoral offence if the person— (a) communicates 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; or (b) except for some purpose authorised by law, communicates at any time to any person other than that elector any information as to 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.

(4) After sub-paragraph (4) insert—

(5) A person who has undertaken to assist a relevant voter to vote at a local election is guilty of an electoral offence if the person communicates at any time to any person except that voter any information as to— (a) the candidate for whom the voter intends to vote or has voted, or (b) the number or other unique identifying mark on the back of the ballot paper given for the use of the voter. (6) In sub-paragraph (5) “relevant voter” means a voter who is blind, has another disability, or is unable to read.

Local Elections (Northern Ireland) Order 1985

28

(1) In Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454), paragraph 3 (proxies at local elections) is amended as follows.

(2) After sub-paragraph (1) insert—

(1A) A person is not capable of being appointed to vote, or voting, as proxy at a local election unless the person is or will be registered in— (a) a register of local electors in Northern Ireland, or (b) a register of local government electors in Great Britain maintained under section 9 of the 1983 Act.

(3) In sub-paragraph (2)—

(a) omit the “or” at the end of paragraph (a);

(b) omit paragraph (b).

(4) For sub-paragraph (4) substitute—

(4) A person— (a) is not entitled to vote as proxy at a local election on behalf of more than two electors who do not fall within sub-paragraph (4A), but (b) subject to paragraph (a), is entitled to vote as proxy at a local election on behalf of up to four electors. (4A) An elector falls within this sub-paragraph if the elector is registered in a register of local electors in pursuance of a service declaration. (4B) Where the polls for two or more local elections are held on the same day, references in sub-paragraph (4) to a local election are to all of those elections taken together.

29

In paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (additional requirements for applications for appointment of a proxy), after “name” insert “, date of birth”.

Elected Authorities (Northern Ireland) Act 1989

30

(1) Part 2 of Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 (application and modification of RPA 1983 in relation to local elections in Northern Ireland) is amended as follows.

(2) In paragraph 14, after sub-paragraph (b) insert—

(ba) subsection (1)(ba) is omitted;

(3) In paragraph 16, for “subsection (1)(c)” substitute “subsection (1)(bb) and (c)”.

(4) For paragraph 18 substitute—

(18A) In Schedule 2, references to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections are to be disregarded, and the following are omitted— (a) in paragraph 1A— (i) sub-paragraph (1A)(b)(iii); (ii) in sub-paragraph (6), “or a relevant absent voting application”; (iii) sub-paragraphs (7)(a) and (8); (b) in paragraph 5(2), “or with his appointment as a proxy”; (c) paragraphs 5ZA and 5A; (d) in paragraph 13(1)(a), “or paragraph 2”.

Elections Act 2001

31

(1) The Schedule to the Elections Act 2001 (modification of the local election rules for occasions where polls are combined) is amended as follows.

(2) For paragraph 6 (Parliamentary elections rules: questions to be put to voters) substitute—

(6) In rule 35, in the table after paragraph (1), after “this” insert “parliamentary”— (a) in entry 1, in each of paragraphs (a) and (b); (b) in entry 2, in each of paragraphs (a) to (e); (c) in entry 3, in each of paragraphs (a) to (e).

(3) In paragraph 20 (local elections rules: questions to be put to voters), for “the second question in paragraph (2)” substitute “in each of questions (a), (b) and (c) in paragraph (2)”.

Transitional provisions relating to proxy voting

32

(1) This paragraph applies where—

(a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of this Schedule come into force, and

(b) the appointment has effect immediately before the specified day in relation to local elections in Northern Ireland or a particular local election in Northern Ireland.

(2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3) The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b) information about how to make a fresh application to vote by proxy.

(4) As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5) More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

(6) In this paragraph and paragraph 33—

“the 1985 Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454);

“local election” has the meaning given by section 130(1) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.));

“proxy appointment” means an appointment of a person to vote as proxy for another person;

“relevant absent voters’ records” means—the record kept under paragraph 1(3) of Part 1 of Schedule 2 to the 1985 Order,the record kept under paragraph 4(5) of that Part, andany lists kept under paragraphs 2(4) and 4(8) of that Part which have not been published under paragraph 15(6) of that Part;

“relevant provisions of this Schedule” means paragraphs 26 and 28 (2);

“specified” means specified by the Secretary of State in regulations made by statutory instrument.

33

(1) This paragraph applies to an application for a proxy appointment under paragraph 1 of Part 1 of Schedule 2 to the 1985 Order where the application is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”).

(2) The application is to be treated as not having been made.

(3) The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy.

(4) Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of this Schedule come into force.

(5) More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

Consequential repeals

34

The following provisions are revoked—

(a) paragraph 10 of Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948);

(b) article 15(3) of the Local Elections (Northern Ireland) (Amendment) Order 2001 (S.I. 2001/417);

(d) paragraph 38 of Schedule 1 to the Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977).

Part 2 — Elections to the Northern Ireland Assembly

Northern Ireland Assembly (Elections) Order 2001

35

Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) (application with modifications of provisions of the Representation of the People Act 1983 etc) is amended as follows.

36

In the table, in the right-hand column of the entry for section 61 of RPA 1983 (other voting offences), after the modifications relating to subsection (1) of that section insert—

	In subsection (1A)(a) and (b)(ii) omit the words “, or at parliamentary elections,”.
	Omit subsection (1A)(e) and (f)

37

In the table, after the entry for section 112 of RPA 1983 insert—

Section 112A (handling of postal voting documents by political campaigners)	In subsection (8), in the definition of “postal voting document”, omit “postal voting statement,”.

38

In the table, for the entry relating to section 115 of RPA 1983 substitute—

Section 114A (undue influence)

39

In the table, after the entry for rule 19A of Schedule 1 to RPA 1983 insert—

Rule 19B (preparation of date of birth lists)	In paragraph (1A)(b), for the words “register of parliamentary electors in Great Britain” substitute “register of local government electors in Great Britain”.

40

The entries in the right-hand column of the table in relation to Schedule 1 to RPA 1983 (Parliamentary elections rules) are amended in accordance with paragraphs 41 to 43.

41

In the entry for rule 31 (notification of requirement of secrecy), omit the words in the right-hand column.

42

In the entry for rule 37 (voting procedure), before the paragraph beginning “In paragraph (1E)(b)” insert—

	In paragraph (1DC), for sub-paragraph (b) substitute—bwhere the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 or section 8(7) of the Representation of the People Act 1985.

43

Against the entry for rule 38 (votes marked by presiding officer), after the paragraph beginning “In paragraph (1)” insert—

	In paragraph (1A), for “vote to be marked on a ballot paper” substitute “ballot paper to be marked”.

44

In the table, after the entry for rule 53A of Schedule 1 to RPA 1983 insert—

Rule 53B (destruction of date of birth lists)

45

In the entry for section 8 of the Representation of the People Act 1985 (proxies at elections), in the right-hand column—

(a) before the entry relating to subsection (3)(b) of that section insert—

	In subsection (2A), for “register of parliamentary electors in Great Britain or Northern Ireland” substitute “register of local government electors in Great Britain or a register of local electors in Northern Ireland

;

(b) after the entry relating to subsection (6) of that section insert—

	In subsection (7A), for “subsections (6) and” substitute “subsection”.

46

In the Annex, in the form of declaration to be made by the companion of a voter with disabilities—

(a) in the section of the form beginning “I have been requested”, for the words from “I am entitled” to “does not apply” substitute “I am aged 18 or over”;

(b) in the section of the form beginning “NOTE”, after “any person” insert “except the elector to whom assistance is being provided”.

Transitional provisions relating to proxy voting

47

(1) This paragraph applies where—

(a) a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of Schedule 4 come into force, and

(b) the appointment has effect immediately before the specified day in relation to Assembly elections or a particular Assembly election.

(2) On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3) The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a) a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b) information about how to make a fresh application to vote by proxy.

(4) As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5) More than one day may be specified for the purposes of this paragraph if the relevant provisions of Schedule 4 come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly).

(6) In this paragraph and paragraph 48—

“Assembly election” means an election to the Northern Ireland Assembly;

“proxy appointment” means an appointment of a person to vote as proxy for another person;

“relevant absent voters’ records” means any lists prepared under sections 7(4) and 9(9) of the Representation of the People Act 1985 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) which have not been published under regulation 66(3) of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) (as so applied);

“relevant provisions of Schedule 4” means paragraphs 2 (2) and 6 (2) of Schedule 4;

“specified” means specified by the Secretary of State in regulations made by statutory instrument.

48

(1) This paragraph applies to an application for a proxy appointment under section 7(1) or (2)(b) of the Representation of the People Act 1985 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”).

(2) The application is to be treated as not having been made.

(3) The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy.

(4) Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of Schedule 4 come into force.

(5) More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of Schedule 4 are to be construed accordingly).

Schedule 7

Part 1 — Minor and consequential amendments

Representation of the People Act 1983

1

RPA 1983 is amended as follows.

2

In section 4 (entitlement to be registered as parliamentary or local government elector), in subsection (4)(b), for “section 2(1)” substitute “section 1B (1)”.

3

In section 202(1) (general provisions as to interpretation), for the definition of “overseas elector’s declaration” substitute—

“overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985;

4

(1) Schedule 2 (provisions which may be contained in regulations as to registration etc) is amended as follows.

(2) After paragraph 3ZA insert—

(3ZB) (1) 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. (2) Provision made under sub-paragraph (1) may include provision conferring functions on the Electoral Commission.

(3) In paragraph 4, after sub-paragraph (2) insert—

(3) 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.

(4) In paragraph 5, after sub-paragraph (1A) insert—

(1AA) 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— (a) to require such other kind of evidence as the officer considers appropriate, or (b) to deem such other kind of evidence as the officer considers appropriate to be sufficient or conclusive evidence.

Representation of the People Act 1985

5

In section 12 of the Representation of the People Act 1985 (offences as to declarations)—

(a) in subsection (1), for “an overseas elector’s declaration”, in both places, substitute “a relevant declaration”;

(b) after subsection (1) insert—

(1A) In subsection (1) “relevant declaration” means— (a) an overseas elector’s declaration; (b) a renewal declaration (within the meaning given by section 1D (2)).

Finance Act 1996

6

In section 200 of the Finance Act 1996 (domicile for tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.

Income Tax Act 2007

7

In section 835B of the Income Tax Act 2007 (domicile for income tax purposes of overseas electors), in subsection (3)(a), for “section 1(1)(a)” substitute “section 1(2)(a)”.

Constitutional Reform and Governance Act 2010

8

In section 42 of the Constitutional Reform and Governance Act 2010 (tax status of members of the House of Lords: transitional provision), omit subsection (7).

9

In section 102(1) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1), for the definition of “overseas elector’s declaration” substitute—

“overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985.

House of Lords Reform Act 2014

10

In section 4 of the House of Lords Reform Act 2014 (effect of ceasing to be a member of the House of Lords), omit subsection (6).

Consequential repeals

11

In consequence of section 14(1), the following are repealed—

(a) paragraphs 1 to 4 of Schedule 2 to the Representation of the People Act 2000;

(b) section 141 of PPERA;

(d) paragraph 21 of Schedule 4 to the Electoral Registration and Administration Act 2013, and the italic heading before that paragraph;

(e) section 15(1) of the Northern Ireland (Miscellaneous Provisions) Act 2014.

Part 2 — Transitional provision

Interpretation of Part

12

In this Part—

“the commencement date” means the date appointed for section 14 to come fully into force;

“overseas elector’s declaration” has the meaning given by section 2(1) of RPA 1985 (as that provision had effect immediately before the commencement date);

“RPA 1985” means the Representation of the People Act 1985;

“RPA 2000” means the Representation of the People Act 2000.

Pre-commencement applications for registration in a register of parliamentary electors

13

(1) The amendments made by section 14 and Part 1 of this Schedule do not apply in relation to an application for registration in a register of parliamentary electors in pursuance of a pre-commencement declaration (even if the application is determined on or after the commencement date).

(2) In this paragraph, “pre-commencement declaration” means an overseas elector’s declaration made at any time before the commencement date.

Overseas electors registered pursuant to pre-commencement applications

14

(1) This paragraph applies to a person who is for the time being registered in a register of parliamentary electors in pursuance of a pre-commencement declaration (regardless of when the person’s application for registration in the register is determined).

(2) In such a case—

(a) the person is to be treated on and after the commencement date as being registered in that register in pursuance of a post-commencement declaration on the basis that the person satisfied the previous registration condition (within the meaning of section 1A (2) of RPA 1985, as substituted by section 14 of this Act);

(b) the address in respect of which the person is registered is the address specified in the pre-commencement declaration;

(c) sections 1D and 1E of RPA 1985 (as substituted by section 14 of this Act) have effect accordingly, subject to sub-paragraph (3).

(3) Section 1D (1)(a) has effect as if it provided for the person to remain registered—

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

(b) where that period would otherwise end before the specified day, until the end of that day.

(4) In sub-paragraph (3)(b), “the specified day” means the day specified by the Secretary of State by regulations made by statutory instrument.

(5) In this paragraph—

“pre-commencement declaration” has the same meaning as in paragraph 13;

“post-commencement declaration” means an overseas elector’s declaration (as defined by section 1B (1) of RPA 1985 (substituted by section 14 of this Act)) made at any time on or after the commencement date.

Postal voting

15

(1) This paragraph applies where, immediately before the commencement date, a person to whom paragraph 14 applies has an entitlement to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland.

(2) Subject to sub-paragraph (3), the person’s entitlement to vote by post ends on the last day of the period of 12 months beginning with the date when the person’s entry in the register of parliamentary electors first takes effect (unless it ends sooner).

(3) Where—

(a) as a result of paragraph 14 (3)(b) the person remains registered in a register of parliamentary electors until the time referred to in that provision, and

(b) the person’s entitlement to vote by post would (as a result of sub-paragraph (2)) otherwise end before that time,

the entitlement ends at that time.

(4) As soon as practicable after the commencement date, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (2) or (3) in the period for which the person’s entitlement to vote by post lasts.

16

(1) This paragraph applies where—

(a) before the commencement date, a person to whom paragraph 14 applies makes an application under paragraph 3(1) or 7(4)(a) of Schedule 4 to RPA 2000,

(b) the application is to vote by post (whether as elector or proxy) at parliamentary elections, and

(2) The amendments made to Schedule 4 to RPA 2000 by Schedule 3 to this Act do not apply in relation to the determination of the application.

(3) Any grant of the application is to be for—

(a) the period ending on—

(i) the last day of the period of 12 months beginning with the date when the person’s entry in a register of parliamentary electors first takes effect, or

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