SCHEDULES

SCHEDULE 5Transitional provision to do with Part 1

PART 4Absent voting

16Applicant for absent vote must have made successful new application for registration or had registration confirmed

1

For the purposes of an absent voting application made on or after the commencement date, a person is to be regarded as registered in a register in Great Britain only if the person—

a

was registered in the register immediately before the commencement date and has had his or her entitlement to remain registered confirmed, or

b

has made a successful new application for registration.

2

“Absent voting application” means an application under paragraph 3(1) or (2) or 4(1) or (2) of Schedule 4 to the Representation of the People Act 2000.

3

This paragraph does not apply in relation to a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.

17Entitlement to absent vote ceases after first new canvass if no successful new application for registration or confirmation of registration

1

Sub-paragraph (2) applies if, on the day on which a registration officer in Great Britain publishes a register following the first new canvass—

a

a person is shown in the absent voters’ record as the result of an application made in reliance on the person’s registration in the register, and

b

the person was registered in the register immediately before the commencement date and has not had his or her entitlement to remain registered confirmed or made a successful new application for registration in the register.

2

The officer must remove the person’s entry from the absent voters’ record so far as the entry concerns elections of the kind to which the register relates.

3

“Absent voters’ record” means the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000.

4

Sub-paragraph (5) applies if, on the day on which a registration officer in Great Britain publishes a register following the first new canvass—

a

a person is shown in an absent voters’ list as the result of an application made in reliance on the person’s registration in the register, and

b

the person was registered in the register immediately before the commencement date and has not had his or her entitlement to remain registered confirmed or made a successful new application for registration in the register.

5

The officer must remove the person’s entry from the absent voters’ list.

6

“Absent voters’ list” means the list mentioned in paragraph 5(2) or (3) of Schedule 4 to the Representation of the People Act 2000.

7

If a registration officer removes a person’s entry from an absent voters’ record or list, the officer must—

a

notify the person in the prescribed manner, and

b

take any other prescribed steps.

8

This paragraph does not apply in relation to a person who is a relevant person for the purposes of Part 5 or 6 of this Schedule.

18Proxies to have made successful new application for registration or had registration confirmed

A person is to be regarded as registered in a register in Great Britain for the purposes of paragraph 6(3) or (3A) of Schedule 4 to the Representation of the People Act 2000 (as substituted by section 3 of this Act) only if the person—

a

was registered in the register immediately before the commencement date and has had his or her entitlement to remain registered confirmed, or

b

has made a successful new application for registration.

19Proxy for existing absent voter need not have made successful new application for registration or had registration confirmed until after first new canvass

1

The amendment made by section 3 (read with paragraph 18 above) does not apply in relation to a proxy appointment for an existing absent voter (or the proxy’s entitlement to vote) until the registration officer who made the appointment publishes the relevant register following the first new canvass.

2

In this paragraph—

a

“proxy appointment” means an appointment of a person as proxy under paragraph 6(7) or (8) of Schedule 4 to the Representation of the People Act 2000 (whether made before, on or after the commencement date);

b

“existing absent voter”, in relation to a proxy appointment, means a person whose absent voting application was made before the commencement date;

c

“absent voting application” means the application under paragraph 3(2) or 4(2) or (3) of Schedule 4 to the Representation of the People Act 2000 by virtue of which the proxy appointment is made;

d

“relevant register” means the register in which the existing absent voter is registered and which relates to elections of the same kind as those to which the proxy appointment relates.

3

If a proxy appointment ceases to be in force because sub-paragraph (1) ceases to preserve it, the officer must—

a

notify the proxy and the existing absent voter in the prescribed manner, and

b

take any other prescribed steps.

4

This paragraph does not apply in relation to an existing absent voter who is a relevant person for the purposes of Part 5 or 6 of this Schedule.