Representation of the People Act 1983

Changes over time for: Cross Heading: Interpretation

Version Superseded: 14/12/1999

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InterpretationU.K.

202 General provisions as to interpretation. U.K.

(1)In this Act, unless the context otherwise requires—

[F1“the absent voters list” means, in relation to any election, the list kept under section 7 of the Representation of the People Act 1985 for that election]
F2. . .

[F3“citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;]

“the City” means the City of London;
“Clerk of the Crown” means Clerk of the Crown in Chancery;
“Common Council” means the Common Council of the City;
“dwelling house” includes any part of a house where that part is occupied separately as a dwelling house;
“election” means a parliamentary election or an election under the local government Act;
“election court” means—

(a)

In relation to a parliamentary election petition, the judges presiding at the trial;

(b)

in relation to a petition questioning an election under the local government Act, the court constituted under this Act for the trial of that petition;

“election petition” means a petition presented in pursuance of Part III of this Act;
“elector” in relation to an election, means any person whose name is for the time being on the register to be used at that election, but does not include those shown in the register as below voting age on the day fixed for the poll;
“legal incapacity” includes (in addition to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by this Act or any other Act;
[F4“the list of proxies” has, in relation to any election, the meaning given by section 7 of the Representation of the People Act 1985]
[F5“overseas elector’s declaration” has the meaning given by section 2 of the Representation of the People Act 1985]
“parliamentary election petition” means an election petition questioning a parliamentary election or return;
“parliamentary elections rules” means the parliamentary elections rules in Schedule 1 to this Act;
“person” includes (without prejudice to the provisions of the M1Interpretation Act 1978) an association corporate or unincorporate;
“prescribed” except in Part III of this Act means prescribed by regulations;
“proper officer” means in England and Wales one within the meaning of section 270(3) and (4) of the M2Local Government Act 1972, and in Scotland one within the meaning of section 214 and paragraph 2(1) of Part I of Schedule 27 to the M3Local Government (Scotland) Act 1973;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
“service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;
F7. . .
F7. . .
“sub-agent” has the meaning given by section 68(1) above;
“voter” means a person voting at an election and includes a person voting as proxy and, except in the parliamentary elections rules, and the rules under section 36 and 42 above, a person voting by proxy, and “vote” (whether noun or verb) shall be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.

(2)For the purposes of the Repesentation of the People Acts a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.

Textual Amendments

F1Definition of “the absent voters list” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 3(a)

F2Definition of “Attorney General” in s. 202(1) repealed (30.9.1997) by 1997 c. 60, s. 3(2)(3), Sch.

F3Definition of “citizen of the Union” in s. 202(1) inserted (6.8.1995) by S.I. 1995/1948, regs. 1(2), 4(2)(a)

F4Definition of “the list of proxies” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 11, Sch. 2 para. 3(b)

F5Definition of “overseas elector's declaration” inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 4(5)

F6Definition of “registration duties” repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 70 Sch. 5

F7S. 202(1): definitions of "standard scale" and "statutory maximum" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

Modifications etc. (not altering text)

C1S. 202 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2S. 202 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 202 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C3Definition of “prescribed” is extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C4S. 202(2) applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

Marginal Citations

M11978 c. 30.

M21972 c. 70.

M31973 c. 65.

203 Local government provisions as to England and Wales.U.K.

(1)In this Act, unless the context otherwise requires, in relation to England and Wales—

[F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9]
[F10“electoral area” means any electoral division or ward or, in the case of a parish or community in which there are no wards, the parish or community, for which the election of councillors is held under the local government Act]
“local authority” means a county council [F11a county borough council,], . . . F12 a district council, a London borough council [F13 . . . F14] or a parish or community council;
“local government Act” means the M4Local Government Act 1972 [F15 . . . F16];
“local government area” means a county [F17county borough,], London borough [F18 . . . F19] , district, parish or community;
“local government election” means the election of councillors for any electoral area.

(2)Subject to any express provision contained in Part I of this Act, that Part, so far as it has effect for the purpose of parliamentary elections [F20 . . . F21] . . . F22, applies in relation to the City as if it were a London borough, and as if the Common Council were a London borough council.

For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.

(3)The modifications made by subsection (2) above do not affect section 52(4) above.

(4)This Act applies in relation to the Isles of Scilly as if those isles were a county and as if the council of those isles were a county council, except that—

(a)[F23the council shall appoint an officer of the council to be registration officer for the isles and] paragraph 1(1) of Schedule 2 . . . F24 shall apply as if the isles were a district and the council were a district council;

(b)the provisions of Part I relating to the conduct of local government elections shall have effect in relation to those isles subject to such adaptations as the Secretary of State may by regulations prescribe.

(5)For the purposes of section 265 of the M5Local Government Act 1972 (application to Isles of Scilly) the provisions of this Act as to rules made by the Secretary of State under section 36 above shall be deemed to be contained in a public general Act relating to local government.

Textual Amendments

F8Definition of “council” inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(10)(a)

F9Definition of “council” repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F10Definition of “electoral area” substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 71(a)

F11Words in the definition of “local authority” in s. 203(1) inserted (20.3.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(16)(a) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.