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Part VU.K. General and Supplemental

SupplementalU.K.

F1199ZA.Functions of the Minister for the Cabinet OfficeU.K.

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

Textual Amendments

F2199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

[F3199AFunctions of the Lord ChancellorU.K.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F5199BTranslations etc of certain documentsU.K.

(1)Subsections (2) and (3) below apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a parliamentary or local government election.

(2)The person who is required or authorised to give or display the document must, as he thinks appropriate, give or display or otherwise make available in such form as he thinks appropriate—

(a)the document in Braille;

(b)the document in languages other than English;

(c)graphical representations of the information contained in the document;

(d)other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3)The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.

(4)Subsections (2) and (3) above do not apply to—

(a)the nomination paper;

(b)the ballot paper.

(5)The returning officer at a parliamentary election or a local government election may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.

(6)The sample copy mentioned in subsection (5) above—

(a)in the case of a parliamentary election or a local government election where only one candidate is to be elected, must have printed the words “VOTE FOR ONE CANDIDATE ONLY” both at the top and immediately below the list of candidates,

(b)in the case of a local government election where more than one candidate is to be elected, must have printed the words “VOTE FOR NO MORE THAN [here insert the maximum number of candidates to be elected] CANDIDATES” both at the top and immediately below the list of candidates, and

(c)in each case, below the second occurrence of those words, may include a translation of those words into such other languages as the returning officer thinks appropriate.

(7)The returning officer at a parliamentary election or a local government election must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.

(8)The sample copy mentioned in subsection (7) above must be clearly marked as a specimen provided only for the guidance of voters.

(9)In the application of subsection (2)(b) to Northern Ireland any question as to whether a person is to give or display or otherwise make available a document in a language other than English is to be decided by the returning officer.

(10)This section does not apply to a local government election in Scotland.]

[F6(11)This section does not apply to a local government election in Wales.]

Textual Amendments

F5S. 199B inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I) by Electoral Administration Act 2006 (c. 22), ss. 36, 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(q) (subject to transitional provisions in art. 4, Sch. 2); S.I. 2008/1316, arts 2, 4

F6S. 199B(11) inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 22(2), 175(3)(e) (with s. 3)

Modifications etc. (not altering text)

C1S. 199B applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1 (as amended (6.4.2014) by S.I. 2014/370, art. 6(3))

C5S. 199B applied (with modifications) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), reg. 17, Sch. 8 Table 1 (as inserted (E.W.) (6.4.2013) by S.I. 2013/798, regs. 1, 7, Sch. 3)

C6S. 199B applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C7S. 199B applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C8S. 199B applied (with modifications) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

[F7199CScottish local government elections: translations etc. of certain documentsS

(1)Subsections (2) and (3) below apply to any document which, under or by virtue of this Act, is required or authorised to be given to voters or displayed in any place for the purposes of a local government election in Scotland.

(2)The person who is required or authorised to give or display the document must, as he thinks appropriate, also give or display or otherwise make available in such form as he thinks appropriate—

(a)the document in Braille;

(b)the document in languages other than English;

(c)graphical representations of the information contained in the document;

(d)other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3)The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.

(4)Subsections (2) and (3) above do not apply to—

(a)the nomination paper; or

(b)the ballot paper.]

Textual Amendments

[F24199CLocal government elections in Wales: translations etc. of certain documentsE+W

(1)Subsections (2) and (3) apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a local government election in Wales.

(2)The person (“P”) who is required or authorised to give or display the document must, as P thinks appropriate, give or display or otherwise make available in such form as P thinks appropriate—

(a)the document in Braille;

(b)the document in languages other than English and Welsh;

(c)graphical representations of the information contained in the document;

(d)other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3)P must, as P thinks appropriate, make available the information contained in the document in such audible form as P thinks appropriate.

(4)Subsections (2) and (3) do not apply to—

(a)the nomination paper; or

(b)the ballot paper.]

Textual Amendments

200 Public notices, and declarations.U.K.

[F8(1)A public notice required by or under this Act to be given by a returning officer for a parliamentary election shall be given by posting the notice in some conspicuous place or places in the constituency and may also be given in such other manner as he thinks desirable for publicising it.

(1A)A public notice required by or under this Act to be given by the proper officer of a local authority at a local government election shall be given by posting the notice in some conspicuous place or places in the local government area and may also be given in such other manner as he thinks desirable for publicising it.]

(2)Any person before whom a declaration is authorised to be made under this Act may take the declaration.

Textual Amendments

Modifications etc. (not altering text)

C11S. 200 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C12S. 200 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C13S. 200 applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C15S. 200(1)(2) applied (with modifications) (31.7.1997) by Referendums (Scotland and Wales) Act 1997 (c. 61), s. 3, Sch. 3 para. 13 Table 1

S. 200(1)(2) applied (with modifications) (E.) (2.4.2001) by 2001/1298, reg. 8(1), Sch. 3 Table 2 (with reg. 10(4))

S. 200(1)(2) applied (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

C18S. 200(1A)(2) applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C19S. 200(1A)(2) applied (with modifications) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), reg. 17, Sch. 8 Table 1 (as inserted (E.W.) (6.4.2013) by S.I. 2013/798, regs. 1, 7, Sch. 3)

C20S. 200(1A)(2) applied (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C21S. 200(1A)(2) applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

[F9200A Remuneration for free postal services provided under Act.U.K.

(1)This section applies where any postal services are provided without charge by a [F10universal postal service provider] in pursuance of this Act.

(2)The [F10universal postal service provider] shall be entitled to be remunerated for having provided the services at the rate fixed in relation to them by virtue of a scheme under section 89 of the Postal Services Act 2000.

(3)A sum which a [F10universal postal service provider] is entitled to receive by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

[F11(4)In this section “postal services” has the meaning given by section 27 of the Postal Services Act 2011.]]

Textual Amendments

F9S. 200A inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch 8, Pt. II, para. 18; S.I. 2000/2957, art. 2(3), Sch. 3 (as amended by S.I. 2001/1148, arts. 2, 43(2), Sch.)

F10Words in s. 200A(1)-(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 119(a); S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C22S. 200A applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C23S. 200A applied (16.2.2001) by 2000 c. 41, s. 110, Sch. 12 para. 1(3)(5) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

C25S. 200A(2) modified (26.3.2001) by S.I. 2001/1148, art. 36

201 Regulations.U.K.

(1)Any power conferred by this Act to make regulations shall, except where this Act otherwise provides, be a power exercisable by the Secretary of State [F12and except in the case of regulations under section 29(8)]by statutory instrument.

[F13(2)No regulations shall be made under this Act by the Secretary of State otherwise than under [F14[F15section [F1610(4) or] 110(7)] above or] section 203(4) [F17or 203A(2)] below unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.]

[F18(2A)Any regulations under section [F1910(4) or] 110(7) above [F20or section 203A(2)] shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F21(2C)Regulations made for the purposes only of omitting a particular kind of evidence from the kinds of evidence that a person is or may be required to provide by virtue of regulations under paragraph 1(2A) or 3ZA(3) of Schedule 2 shall be subject to annulment in pursuance of a resolution of either House of Parliament (and subsection (2) does not apply to regulations made for those purposes only).]

[F22(3)Any regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State [F23, or the Electoral Commission (in the case of any regulations made by them),] thinks fit.]

Subordinate Legislation Made

P1S. 201: for previous exercises of this power, see Index to Government Orders.

P2S. 201(1): s. 53 (with s. 201(1), Sch. 1, rule 37(1F) and Sch. 2, para. 11A) power exercised (N.I.) by S.I. 1991/1674.

Textual Amendments

F12Words in s. 201(1) inserted by S.I. 1991/1728, art. 5(a).

F14Words in s. 201(2) inserted by S.I. 1991/1728, art. 5(b).

F15Words in s. 201(2) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 6(7)(b) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F17Words in s. 201(2) inserted (E.W.N.I.) (1.11.2023 for specified purposes) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(9)(a); S.I. 2023/1145, reg. 3(i)

F18S. 201(2A) inserted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 6(7)(c) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F20Words in s. 201(2A) inserted (E.W.N.I.) (1.11.2023 for specified purposes) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(9)(b); S.I. 2023/1145, reg. 3(i)

F21S. 201(2C) inserted (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), ss. 2(5), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(b); S.I. 2014/2439, art. 2(b)

F22S. 201(3) added (29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 21; S.I. 2001/116, art. 2(1)(2) (with art. 2(4)))

F23Words in s. 201(3) inserted (1.7.2001) by 2001 c. 41, s. 151(1), Sch. 21 para. 6(7)(d) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C26S. 201 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended 29.1.2001 for certain purposes and otherwise 16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(9); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))