Part VU.K. General and Supplemental

InterpretationU.K.

202 General provisions as to interpretation.U.K.

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

• F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F2“anonymous entry”, in relation to a register of electors, shall be construed in accordance with section 9B above and “the record of anonymous entries”, means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to this Act;]

• F3. . .

• [F4“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;

• [F5“disability”, in relation to doing a thing, includes a short term inability to do it;]

• [F6“dwelling” includes any part of a building where that part is occupied separately as a dwelling;]

• “election” means a parliamentary election [F7, an Authority 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 [F8an Authority election or]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 [F9who has for the time being an entry] on the register to be used at that election, but does not include those shown in the register [F10(or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries)]as below voting age on the day fixed for the poll;

• “legal incapacity” includes (in addition [F11, where applicable,]to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by this Act or any other Act;

• [F12“legal process” means a claim form, application notice, writ, summons or other process;]

• [F13“the list of proxies” has, in relation to any election, the meaning given by [F14paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, by]section 7 of the Representation of the People Act 1985]

• [F15“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;

• [F16“the postal voters list” means—

  (a)

  in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 5(2) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post have been granted);

  (b)

  in relation to Northern Ireland, the list of persons kept in pursuance of section 7(4)(a) of the Representation of the People Act 1985 (persons whose applications to vote by post have been granted);

• “the proxy postal voters list” means—

  (a)

  in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 7(8) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post as proxy have been granted);

  (b)

  in relation to Northern Ireland, the list of persons kept in pursuance of section 9(9) of the Representation of the People Act 1985 (persons whose applications to vote by post as proxy have been granted).]

• “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;

• [F17“proper officer”—

  (a)

  in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);

  (b)

  except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the M2Local Government Act 1972;]

• [F18“qualifying address” shall be construed in accordance with section 9(8) above;]

• [F19““registered political party” means [F20a party registered under Part II of the Political Parties, Elections and Referendums Act 2000;]]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

• “service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;

• F22. . .

• F22. . .

• “sub-agent” has the meaning given by section 68(1) above;

• [F23“universal postal service provider” means a universal service provider (within the meaning of the Postal Services Act 2000);

• “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.]]