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Representation of the People Act 1983

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Representation of the People Act 1983, Section 204 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act Representation of the People Acts amended by 1985 c. 50 Sch. 1 para. 24
  • Act power to amend conferred by 2009 c. 12 s. 34(3)(b) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 9(2A) inserted by 2021 asc 1 s. 18(2)
  • s. 9E(1A) inserted by 2021 asc 1 s. 18(4)
  • s. 9ZA inserted by 2021 asc 1 s. 18(3)
  • s. 10(4C) (4D) inserted by 2009 c. 12 s. 33(3)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 10A(1C) (1D) inserted by 2009 c. 12 s. 33(5)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 10ZE(2A) inserted by 2021 asc 1 s. 18(5)(a)
  • s. 10ZE(4A) inserted by 2021 asc 1 s. 18(5)(c)
  • s. 10ZE(5A)-(5C) inserted by 2021 asc 1 s. 18(5)(d)
  • s. 13A(1)(zc) inserted by 2021 asc 1 s. 18(6)
  • s. 13A(2C) (2D) inserted by 2009 c. 12 s. 33(6)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 16(1)(e) words substituted by 2022 c. 37 Sch. 8 para. 1(5)
  • s. 16(1)(e) words substituted by 2022 c. 37 Sch. 8 para. 1(6)
  • s. 49(5)(b)(iiia) inserted by 2022 c. 37 Sch. 8 para. 1(8)(a)
  • s. 56(1)(azaa) inserted by 2021 asc 1 s. 18(9)
  • s. 62C applied (with modifications) by S.I. 2012/2031, Sch. 4 Pt. 1 Table 1 (as amended) by S.I. 2023/1141 reg. 7(2)(a)
  • s. 62C applied (with modifications) by S.I. 2012/2031, Sch. 8 Table 1 (as amended) by S.I. 2023/1141 reg. 7(3)(a)
  • s. 62C applied (with modifications) by S.I. 2012/323, Sch. 4 Table 1 (as amended) by S.I. 2023/1141 reg. 5(a)
  • s. 62C applied (with modifications) by S.I. 2012/444, Sch. 4 Table 1 (as amended) by S.I. 2023/1141 reg. 6(a)
  • s. 62C inserted by 2023 c. 12 s. 1
  • s. 63(3)(ba) inserted by 2006 c. 22 s. 7 (This amendment not applied to legislation.gov.uk. S. 7 repealed (2.4.2013) without ever being in force by 2013 c. 6, s. 23; S.I. 2013/702, art. 3(e))
  • s. 81(4A) (4B) inserted by 2006 asp 14 s. 19(2)
  • s. 113(7)(b)(c) inserted by 2011 c. 1 Sch. 10 para. 15(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 114(4) inserted by 2011 c. 1 Sch. 10 para. 16 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 115(3) inserted by 2011 c. 1 Sch. 10 para. 17 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 139(6A) inserted by 2011 c. 1 Sch. 10 para. 19(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 165(3A) inserted by 2011 c. 1 Sch. 10 para. 20 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 201(2B) inserted by 2009 c. 12 s. 33(9) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 203A applied (with modifications) by S.I. 2001/2599, Sch. 1 table (as amended) by 2022 c. 37 Sch. 8 para. 11(3)
  • s. 203A 203B applied by 1989 c. 3, Sch. 1 Pt. 1 (as amended) by 2022 c. 37 Sch. 8 para. 9(4)
  • s. 203B applied (with modifications) by S.I. 2001/2599, Sch. 1 table (as amended) by 2022 c. 37 Sch. 8 para. 11(3)
  • Sch. 1 rule 37A inserted by 2011 c. 1 s. 9(1) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
  • Sch. 1 rule 45A 45B inserted by 2011 c. 1 s. 9(2) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
  • Sch. 1 rule 46(3) inserted by 2011 c. 1 Sch. 10 para. 5(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(3A)(3B) inserted by 2011 c. 1 Sch. 10 para. 6(4) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 40(1B)(a) repealed by 2006 c. 22 Sch. 2
  • Sch. 1 rule 18 substituted by 2011 c. 1 Sch. 10 para. 2 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(4)(d) substituted by 2011 c. 1 Sch. 10 para. 6(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(2)(c) substituted by 2011 c. 1 Sch. 10 para. 10(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 62 substituted by 2011 c. 1 Sch. 10 para. 11(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1)(aa)(b) substituted for Sch. 1 rule 47(1)(b) by 2011 c. 1 Sch. 10 para. 6(2)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(2)-(2E) substituted for Sch. 1 rule 47(2) by 2011 c. 1 Sch. 10 para. 6(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(4)(aa)(b) substituted for Sch. 1 rule 47(4)(b) by 2011 c. 1 Sch. 10 para. 6(5)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 49 49A substituted for Sch. 1 rule 49 by 2011 c. 1 Sch. 10 para. 7 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 50(1)(a)(aa)(ab)(b)(c) substituted for Sch. 1 rule 50(1)(a)-(c) by 2011 c. 1 Sch. 10 para. 8 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(2)(a)(aa) substituted for Sch. 1 rule 61(2)(a) by 2011 c. 1 Sch. 10 para. 10(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 46(1)(1A) substituted for rule 46(1) by 2011 c. 1 Sch. 10 para. 5(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 46(2) words inserted by 2011 c. 1 Sch. 10 para. 5(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47 heading words inserted by 2011 c. 1 Sch. 10 para. 6(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 29(5) words substituted by 2011 c. 1 Sch. 10 para. 3 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 44(5) words substituted by 2011 c. 1 Sch. 10 para. 4 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(c) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1)(d) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 53(4) words substituted by 2011 c. 1 Sch. 10 para. 9 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(1) words substituted by 2011 c. 1 Sch. 10 para. 10(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 2 para. 1(4ZA)-(4ZC) inserted by 2009 c. 12 s. 33(10)(a) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 2 para. 1(6A) inserted by 2009 c. 12 s. 33(10)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 2 para. 5C inserted by 2022 c. 37 Sch. 4 para. 5
  • Sch. 6A applied (with modifications) by S.I. 2001/2599, Sch. 1 table (as inserted) by 2022 c. 37 Sch. 8 para. 11(4)
  • Sch. 6A applied by 1989 c. 3, Sch. 1 Pt. 1 (as amended) by 2022 c. 37 Sch. 8 para. 9(4)

204 General application to Scotland.U.K.

(1)This section has (in addition to any express application elsewhere in this Act) effect for the general application of this Act to Scotland, and accordingly—

  • “electoral area”, in relation to a local government election, means the electoral F1. . . ward for which the election is held;

  • [F2“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

  • “local government Act” means the [F3Local Governance (Scotland) Act 2004 (asp 9)];

  • [F4“local government area” means the area of a local authority;]

  • “local government election” means an election of councillors by local government electors for an electoral area.

(2)For a reference to a borough constituency substitute a reference to a burgh constituency.

(3)For a reference to the High Court substitute a reference to the Court of Session and for a reference to the county court or a judge of that court substitute a reference to the sheriff.

(4)The power conferred by section 57 above on the Court of Session to make acts of sederunt for the appointment of judges to hear appeals under that section or to fill any vacancy among the judges so appointed is not required to be exercisable by statutory instrument.

(5)A reference to the Director of Public Prosecutions or the Attorney General refers to the Lord Advocate.

(6)for a reference to a plaintiff or defendant substitute respectively a reference to a pursuer or defender, for a reference to a recognisance substitute a reference to a bond of caution and for a reference to an injunction substitute a reference to an interdict.

(7)Any reference to the report of an election court shall, in relation to an election court trying a petition questioning an election of councillors in Scotland, be construed as a reference to a finding of the court, and the expression “reported of a corrupt or illegal practice” shall be construed accordingly.

(8)For a reference to the register of licences substitute a reference to the register kept in pursuance of section 20 of the M1Licensing (Scotland) Act 1976.

(9)Section 231 of the M2Local Government (Scotland) Act 1973 (application to sheriff in cases of difficulty) applies to the provisions of sections 41 to 45 above as that section applied to those provisions immediately before their repeal and reenactment by this Act.

(10)Notwithstanding the repeal by this Act of sections 19 and 43 of the Representation of the M3People Act 1918, those sections shall continue to have such effect as they had immediately before that repeal in relation to regulation 16 of section 2 of the M4Universities Elections Amendment (Scotland) Act 1881.

Textual Amendments

F1Words in the definition of “electoral area” in s. 204(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 130(8)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F2Definition of “local authority” in s. 204(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 130(8)(b); S.I. 1996/323, art. 4(1)(c)

F3S. 204: words in definition of "local government Act" substituted (S.) (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 5(1)(e), 17; S.S.I. 2007/25, art. 2(2)

F4Definition of “local government area” in s. 204(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 130(8)(c); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C1S. 204 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2S. 204(1)(3)(5) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

C3S. 204(3)-(6)(8) applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

Marginal Citations

M31918, (7 & 8 Geo. 5.) c. 64.

M41881, (44 & 45 Vict.) c. 40.

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