Valid from 16/01/2023

4(1)Section 13CZA (provision of false information: application for electoral identity card), as extended by paragraph 38 of this Schedule, is amended as follows.U.K.

(2)For subsection (1) substitute—

“(1)A person commits an offence if the person provides false information in connection with—

(a)an application under section 13BD for an electoral identity document,

(b)an application under section 13BE for an anonymous elector’s document, or

(c)an application under section 13C for an electoral identity card.”

(3)For subsection (5) substitute—

“(5)A person who commits an offence under this section is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine (or both);

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).

(6)In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to six months.”

(4)In the heading, after “application for” insert “electoral identity document, anonymous elector’s document or”.

Valid from 16/01/2023

7U.K.After section 59 (supplemental provisions as to members of forces and service voters) insert—

“59AReports on voter identification requirements in Great Britain

(1)The Secretary of State must prepare and publish reports on the effect of the voter identification requirements on applications made under rule 37(1), 38(1), 39(1) or 40(1) of the parliamentary elections rules.

(2)The duty under subsection (1) applies in respect of each of the first two parliamentary general elections that are held after the day on which paragraph 7 of Schedule 1 to the Elections Act 2022 comes into force.

(3)Subsection (4) applies where requirements corresponding to the voter identification requirements (“the corresponding requirements”) have effect in relation to local government elections in England by virtue of rules made under section 36.

(4)The Secretary of State must prepare and publish reports on the effect of the corresponding requirements on applications made under the provisions of rules made under section 36 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.

(5)The duty under subsection (4) applies in respect of the first ordinary elections of councillors for local government areas in England that—

(a)are held on an ordinary day of election (as determined under section 37) after the day on which the corresponding requirements come into force, and

(b)are not combined with a parliamentary general election.

(6)In preparing a report under this section, the Secretary of State must in particular take into account—

(a)in the case of a report under subsection (1), information provided to the Secretary of State under rule 40B of the parliamentary elections rules (collection and disclosure of information relating to applications under rules 37 to 40);

(b)in the case of a report under subsection (4), information provided to the Secretary of State under any provision of rules made under section 36 corresponding to rule 40B of the parliamentary elections rules.

(7)In this section, “the voter identification requirements” means paragraphs (1A) to (1T) of rule 37 of the parliamentary elections rules (voting procedure) as it extends to England and Wales and to Scotland (including those paragraphs as applied by rule 38, 39 or 40 of those rules).”

Valid from 16/01/2023

8(1)Section 61 (other voting offences) is amended as follows.U.K.

(2)In subsection (6), after “deemed to have voted” insert “(but see subsection (6ZA))”.

(3)After subsection (6) insert—

“(6ZA)For the purpose of determining whether an application for a ballot paper constitutes an offence under any of the multiple voting provisions, a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.

(6ZB)In subsection (6ZA), “the multiple voting provisions” means subsections (2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c).”

Valid from 16/01/2023

9U.K.In section 66B (failure to comply with conditions relating to supply etc of certain documents), in subsection (1)(a), after “rule” insert “19B, 56A or”.

Valid from 16/01/2023

12U.K.In rule 25 (provision of polling stations), after paragraph (5) insert—

“(6)The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.”

Valid from 16/01/2023

13(1)Rule 26 (appointment of presiding officers and clerks) is amended as follows.U.K.

(2)In paragraph (3), for the words from “except” to the end substitute “except—

(a)order the arrest of any person or the exclusion or removal of any person from the polling station,

(b)refuse to deliver a ballot paper under rule 35(3) or the relevant paragraph of rule 37, or

(c)resolve doubts over identity as mentioned in the relevant paragraph of rule 37.”

(3)After paragraph (3) insert—

“(4)In paragraph (3), “the relevant paragraph of rule 37” means—

(a)in sub-paragraph (b)—

(i)paragraph (1E) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40);

(ii)paragraph (1C) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40);

(b)in sub-paragraph (c)—

(i)paragraph (1F) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40);

(ii)paragraph (1DA) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40).”

Valid from 16/01/2023

14U.K.In rule 28 (issue of official poll cards), after paragraph (3) insert—

“(3ZA)In the case of a form prescribed under paragraph (3) that relates to—

(a)elections in England and Wales or Scotland, and

(b)an official poll card to be sent to an elector or proxy voting in person at a polling station,

the form must include details of the documents the voter needs to bring to the polling station, namely—

(i)in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H);

(ii)in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.”

Valid from 16/01/2023

16(1)Rule 35 (questions to be put to voters) is amended as follows.U.K.

(2)In the table following paragraph (1), in the column headed “Questions”, in entry 1 (electors), entry 2 (proxies), entry 3 (proxies for an elector with an anonymous entry), entry 5 (postal voters) and entry 6 (proxy postal voters), before question (a) insert—

“(za)At an election held in England and Wales or Scotland, “What is your name?”

(zb)At an election held in England and Wales or Scotland, “What is your address?””

(3)Before paragraph (3) insert—

“(2B)In the case of an election held in England and Wales or Scotland, where a clerk—

(a)gives a person the required information (see paragraph (5)),

(b)puts a question specified in paragraph (1) to the person, and

(c)decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.”

(4)For paragraph (3) substitute—

“(3)Where the presiding officer—

(a)gives a person the required information,

(b)puts a question specified in paragraph (1) to the person (whether or not, in the case of an election held in England and Wales or Scotland, following a referral under paragraph (2B)), and

(c)decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person.

In the case of an election held in England and Wales or Scotland, see rule 40ZB (procedure where ballot paper is refused under this paragraph).

(3A)For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a)where one of those questions is put, the answer matches a name or address (as the case may be) in the register of parliamentary electors;

(b)where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B)In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D), the references to the register in paragraph (3A) above are to be read as references to the notice issued under section 13B(3B) or (3D).”

(5)In paragraph (4), after “vote” insert “(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote)”.

(6)After paragraph (4) insert—

“(5)For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a)a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b)giving false information may be an offence.”

Valid from 16/01/2023

18(1)Rule 37 (voting procedure), as it extends to England and Wales and to Scotland, is amended as follows.U.K.

(2)For the heading substitute “Voting procedure and voter identification requirements: Great Britain”.

(3)In paragraph (1)—

(a)for “A” substitute “Subject to rule 35(3) and to paragraphs (1A) to (1P), a”, and

(b)omit sub-paragraph (a).

(4)After paragraph (1) insert—

“(1A)A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

(1B)The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

(1C)Paragraph (1D) applies in relation to a voter where—

(a)the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b)the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document (see paragraph (1P)).

(1D)Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

(1E)The presiding officer must refuse to deliver a ballot paper to a voter where—

(a)the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b)the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

See rule 40ZB (procedure where ballot paper is refused under this paragraph).

(1F)But there is an exception from paragraph (1E) for cases within sub-paragraph (a) of that paragraph where—

(a)a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

(b)the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

(1G)The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H)In this rule a “specified document”, except in the case of a voter with an anonymous entry in the register of electors (as to which see paragraph (1K)), means any of the following documents (in whatever form issued to the holder) that contain a photograph of the holder—

(a)a United Kingdom passport (see paragraph (1I));

(b)a passport issued by an EEA state or a Commonwealth country;

(c)a licence to drive a motor vehicle granted under—

(i)Part 3 of the Road Traffic Act 1988, or

(ii)the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (N.I. 1));

(d)a driving licence issued by any of the Channel Islands, the Isle of Man or an EEA state;

(e)a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007;

(f)an identity card bearing the Proof of Age Standards Scheme hologram (a PASS card);

(g)a Ministry of Defence Form 90 (Defence Identity Card);

(h)a relevant concessionary travel pass (see paragraph (1J));

(i)a badge of a form prescribed under section 21 of the Chronically Sick and Disabled Persons Act 1970 or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (blue badge scheme);

(j)an electoral identity document issued under section 13BD (electoral identity document: Great Britain);

(k)an electoral identity card issued under section 13C (electoral identity card: Northern Ireland);

(l)a national identity card issued by an EEA state.

(1I)In paragraph (1H)(a) “United Kingdom passport” means a passport issued by—

(a)the Government of the United Kingdom,

(b)the Lieutenant-Governor of any of the Channel Islands or the Isle of Man, or

(c)the Government of any British overseas territory.

(1J)In paragraph (1H)(h), “relevant concessionary travel pass” means a concessionary travel pass listed in the second column of the following table—

(1K)In this rule a “specified document”, in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document issued to the voter under section 13BE which—

(a)was issued by an appropriate registration officer, and

(b)contains the voter’s electoral number.

(1L)For the purposes of paragraph (1K)—

• “appropriate registration officer” means—

  (a)

  the registration officer for the constituency in which the election is being held, or

  (b)

  where the election is being held in a constituency for which there is more than one registration officer, any of those officers;

• a voter’s “electoral number” is the number—

  (a)

  allocated to the voter as stated in the copy of the register of electors, or

  (b)

  where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.

(1M)A reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it (subject to paragraph (1N)).

(1N)Paragraph (1M) does not apply to a document which—

(a)is referred to in paragraph (1H)(j) or (1K), and

(b)in accordance with regulations made by virtue of section 13BD or 13BE (as the case may be), is issued for use only at a particular poll or at particular polls being held on the same day.

(1P)In this rule a “forged document” means a false document made to resemble a specified document.

(1Q)Regulations may make provisions varying paragraph (1H), (1I) or (1J) by—

(a)adding a reference to a document to any of those paragraphs,

(b)removing a reference to a document from any of those paragraphs (other than the document referred to in paragraph (1H)(j)), or

(c)varying any description of document referred to in any of those paragraphs.

(1R)The power to make provision by virtue of paragraph (1Q)(b) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission.

(1S)No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1T)References in this rule to producing a document are to producing it for inspection.”

(5)In paragraph (2), omit the words from “and only” to the end.

(6)In paragraph (3), omit sub-paragraph (a).

Valid from 16/01/2023

19U.K.In rule 38 (votes marked by presiding officer), for paragraph (1A) substitute—

“(1A)The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if—

(a)references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b)in rule 37(1G) as it extends to England and Wales and to Scotland, and in rule 37(1DB) as it extends to Northern Ireland, the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(1B)In paragraph (1A), “the relevant paragraphs of rule 37” means—

(a)paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland;

(b)paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.”

Valid from 16/01/2023

20U.K.In rule 39 (voting by persons with disabilities), for paragraph (2A) substitute—

“(2A)The relevant paragraphs of rule 37 apply in the case of a voter who applies under paragraph (1) above as they apply in the case of a voter who applies under rule 37(1), but as if—

(a)references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b)in rule 37(1G) as it extends to England and Wales and to Scotland, and in rule 37(1DB) as it extends to Northern Ireland, the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(2B)In paragraph (2A), “the relevant paragraphs of rule 37” means—

(a)paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland;

(b)paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.”

Valid from 16/01/2023

21(1)Rule 40 (tendered ballot papers) is amended as follows.U.K.

(2)For paragraph (1A) substitute—

“(1A)The relevant paragraphs of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 37(1), subject to the modification set out in paragraph (1AA).

(1AA)The modification is that—

(a)in rule 37(1G) as it extends to England and Wales and to Scotland, and

(b)in rule 37(1DB) as it extends to Northern Ireland,

the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.

(1AB)In paragraph (1A), “the relevant paragraphs of rule 37” means—

(a)paragraphs (1A) to (1T) of rule 37 as it extends to England and Wales and to Scotland;

(b)paragraphs (1A) to (1G) of rule 37 as it extends to Northern Ireland.”

(3)In paragraph (1B), after “where” insert “, at an election held in Northern Ireland”.

Valid from 16/01/2023

22U.K.After rule 40ZA insert—

“Refusal to deliver ballot paper: Great Britain

40ZB(1)This rule applies in relation to an election held in England and Wales or Scotland.

(2)Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list—

(a)the voter’s electoral number, and

(b)against that number, the reason for the refusal.

(3)Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

(a)the name and address of the voter, and

(b)against those details, the reason for the refusal.

(4)Paragraphs (5) and (6) apply where—

(a)a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1E), and

(b)the voter makes a further application under rule 37(1).

(5)If a ballot paper is delivered to the voter following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(6)If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(7)Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter).

(8)For the purposes of paragraph (2)(a), a person’s “electoral number” is the number—

(a)allocated to the person as stated in the copy of the register of electors, or

(b)where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D), as stated in the copy of that notice.

(9)Subject to rule 37(1G) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever.

(10)A refusal to deliver a ballot paper to a voter is subject to review on an election petition.

(11)In this rule—

(a)except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3) or 37(1E), and

(b)any reference to paragraph (1E) or (1G) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40.”

Valid from 16/01/2023

23U.K.In rule 40A—

(a)for the heading substitute “Refusal to deliver ballot paper: Northern Ireland”;

(b)in paragraph (2), after “that” insert “and to rule 37(1DB)”.

Valid from 16/01/2023

25U.K.In rule 43 (procedure on close of poll), after paragraph (1)(da) insert—

“(db)in the case of an election held in England and Wales or Scotland, the ballot paper refusal list completed in accordance with rule 40ZB,

(dc)in the case of an election held in Northern Ireland, the lists provided to the polling station under rule 29(3)(f),”.

Valid from 31/01/2024

26U.K.After rule 53A insert—

“Destruction of date of birth lists: Northern Ireland

53BThe Chief Electoral Officer for Northern Ireland must destroy the lists provided to the polling station under rule 29(3)(f)—

(a)on the next working day following the 21st day after the Chief Electoral Officer has returned the name of the member elected, or

(b)if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.”

Valid from 16/01/2023

27U.K.In rule 54 (sealing up of ballot papers), after paragraph (2)(b) insert—

“(ba)in the case of an election held in England and Wales or Scotland, the completed ballot paper refusal list,”.

Valid from 16/01/2023

28U.K.In rule 55 (delivery of documents to registration officer), after paragraph (1)(ca) insert—

“(cb)in the case of an election held in England and Wales or Scotland, the packet containing the completed ballot paper refusal list,”.

Valid from 16/01/2023

29U.K.In rule 56 (orders for production of documents), after paragraph (1) insert—

“(1A)An order—

(a)for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b)for the inspection or production of that list,

may be made by the High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to an election in England and Wales or Scotland.”

Valid from 16/01/2023

31U.K.In rule 57 (retention and public inspection of documents), after paragraph (2)(b) insert—

“(ba)in the case of an election held in England and Wales or Scotland, the completed ballot paper refusal list,”.

Valid from 16/01/2023

33(1)In the Appendix of Forms, the form of directions for the guidance of the voters in voting is amended as follows.U.K.

(2)Before the existing paragraph 1 insert—

“1You must satisfy the presiding officer about your identity by showing an approved form of ID.”

(3)The existing paragraphs numbered 1, 2, 3 and 4 are re-numbered 2, 3, 4 and 5 respectively.

Valid from 16/01/2023

Extension of Northern Ireland voter identification provisions to Great BritainE+W+S

34Section 2(3)(b) and (c) of the Elections (Northern Ireland) Act 1985, and section 2(1) of that Act so far as relating to those provisions, extend to England and Wales and to Scotland (as well as to Northern Ireland).

35After section 7(4) of the Elections (Northern Ireland) Act 1985 insert—

“(5)See also paragraph 34 of Schedule 1 to the Elections Act 2022 (which relates to section 2 of this Act).”

36Section 5(2) of the Electoral Fraud (Northern Ireland) Act 2002, and section 5(1) of that Act so far as relating to that provision, extend to England and Wales and to Scotland (as well as to Northern Ireland).

37After section 8(5) of the Electoral Fraud (Northern Ireland) Act 2002 insert—

“(6)See also paragraph 36 of Schedule 1 to the Elections Act 2022 (which relates to section 5 of this Act: disabled voters).”

38Section 13CZA of RPA 1983 (provision of false information: application for electoral identity card) extends to England and Wales and to Scotland (as well as to Northern Ireland).

39After section 27(3) of the Northern Ireland (Miscellaneous Provisions) Act 2014 insert—

“(4)See also paragraph 38 of Schedule 1 to the Elections Act 2022 (which relates to section 17 of this Act: electoral identity cards).”

Valid from 16/01/2023

Consequential repealsU.K.

40Section 2(2) of the Elections (Northern Ireland) Act 1985 is repealed.

Prospective

Power to remove signature requirementsU.K.

12(1)The Secretary of State may by regulations—

(a)amend Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain) by removing any requirement for an application under paragraph 3, 4 or 7 of that Schedule, other than an excluded application, to contain the applicant’s signature;

(b)amend section 6 or 7 of the Representation of the People Act 1985 (absent voting at parliamentary elections in Northern Ireland) by removing any requirement for an application under either of those sections to contain the applicant’s signature.

(2)In sub-paragraph (1), “excluded application” means an application in relation to a local government election, or local government elections, in Scotland or Wales.

(3)Regulations under sub-paragraph (1) may make—

(a)different provision for different purposes;

(b)consequential, supplementary, incidental, transitional, transitory or saving provision.

(4)The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts.

(5)Regulations under sub-paragraph (1) are to be made by statutory instrument.

(6)A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Prospective

Power to make provision about unique reference numbers: elections in Northern IrelandU.K.

13(1)The Secretary of State may by regulations make provision about the issuing or use of unique reference numbers in connection with—

(a)applications for registration in a register of parliamentary electors, or a register of local electors, in Northern Ireland;

(b)applications to vote by post or proxy at parliamentary or local elections in Northern Ireland;

(c)a canvass under section 10 of RPA 1983 (maintenance of registers: duty to conduct canvass in Northern Ireland).

(2)Regulations under sub-paragraph (1) may in particular make provision—

(a)amending or repealing section 10B of RPA 1983 or any other provision made by the Representation of the People Acts about unique reference numbers allocated under that section;

(b)amending or repealing any provision made by the Elected Authorities (Northern Ireland) Act 1989 about such unique reference numbers;

(c)changing how unique reference numbers are referred to in any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989.

(3)Regulations under sub-paragraph (1) may make—

(a)different provision for different purposes;

(b)consequential, supplementary, incidental, transitional, transitory or saving provision.

(4)The consequential provision that may be made by virtue of sub-paragraph (3)(b) includes provision amending any provision made by the Representation of the People Acts or the Elected Authorities (Northern Ireland) Act 1989.

(5)Regulations under sub-paragraph (1) are to be made by statutory instrument.

(6)A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Valid from 31/10/2023

Section 3

Schedule 3E+W+SRestriction of period for which person can apply for postal vote

Representation of the People Act 2000E+W+S

1Schedule 4 to the Representation of the People Act 2000 (absent voting in Great Britain) is amended as follows.

2(1)Paragraph 3 (absent vote at elections for definite or indefinite period) is amended as follows.

(2)In sub-paragraph (1)—

(a)in the opening words, omit “(whether for an indefinite period or for a particular period specified in his application)”;

(b)in paragraph (b), after “requirements” insert “and, in the case of an application to vote by post at local government elections in Scotland or Wales for a particular period, specifies the period.”

(3)After sub-paragraph (1) insert—

“(1A)Any grant of an application under sub-paragraph (1) to vote by post at parliamentary elections, or at local government elections in England, is to be for—

(a)the period ending with the third 31 January following the date on which the application is granted, or

(b)any shorter period specified in the application.

(1B)But where the person is or will be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1A) does not apply and instead any grant of an application to vote by post at parliamentary elections is to be for—

(a)the period ending with the 1 November until which, by virtue of section 1D(1)(a) or (3)(a) of the Representation of the People Act 1985, the person is entitled to remain registered in that register, or

(b)any shorter period specified in the application.”

(4)In sub-paragraph (4)—

(a)in paragraph (a)—

(i)omit the “and” at the end of sub-paragraph (i), and

(ii)omit sub-paragraph (ii);

(b)after paragraph (a) insert—

“(aa)in the case of those who may vote by post at parliamentary elections or at local government elections in England (or both), the period for which they may do so,

(ab)in the case of—

(i)those who may vote by post at local government elections in Scotland or Wales, or

(ii)those who may vote by proxy,

whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period),”.

(5)In sub-paragraph (5)—

(a)omit the “or” at the end of paragraph (c);

(b)after paragraph (c) insert—

“(ca)in the case of a person shown in the record as voting by post at parliamentary elections or at local government elections in England (or both), once the period for which the person is entitled to vote by post at elections of the kind in question has expired, or”;

(c)in paragraph (d)—

(i)for “or proxy” substitute “at local government elections in Scotland or Wales”, and

(ii)after “particular period,” insert “or who applied to vote by proxy for a particular period,”.

(6)In sub-paragraph (7)—

(a)omit “(whether for an indefinite period or for a particular period specified in his application)”;

(b)after “requirements” insert “and, in the case of an application to vote by post at local government elections in Scotland or Wales for a particular period, specifies the period”.

(7)After sub-paragraph (7) insert—

“(7A)Sub-paragraph (1A) applies to an application under sub-paragraph (7) to vote by post at parliamentary elections, or at local government elections in England, as it applies to an application under sub-paragraph (1) (but this is subject to sub-paragraph (7B)).

(7B)Where an application under sub-paragraph (7) to vote by post at parliamentary elections is made by a person who is or will be entitled to be registered in the register of parliamentary electors in pursuance of an overseas elector’s declaration, sub-paragraph (1B) applies to the application as it applies to an application under sub-paragraph (1).”

(8)In the heading before paragraph 3, for “definite or indefinite” substitute “a”.

3(1)Paragraph 7 (voting as proxy) is amended as follows.

(2)In sub-paragraph (4), in paragraph (a) omit “(whether for an indefinite period or for a particular period specified in his application)”.

(3)In sub-paragraph (5), in paragraph (c) after “requirements” insert “and, in the case of an application to vote by post as proxy at local government elections in Scotland or Wales for a particular period, specifies the period”.

(4)After sub-paragraph (5) insert—

“(5A)Any grant of an application under sub-paragraph (4)(a) to vote by post as proxy at parliamentary elections, or at local government elections in England, is to be for—

(a)the period ending with the third 31 January following the date on which the application is granted, or

(b)any shorter period specified in the application.”

(5)In sub-paragraph (6)—

(a)in paragraph (a)—

(i)omit the “and” at the end of sub-paragraph (i), and

(ii)omit sub-paragraph (ii) (including the “and” at the end);

(b)after paragraph (a) insert—

“(aa)in the case of those who may vote by post as proxy at parliamentary elections or at local government elections in England (or both), the period for which they may do so,

(ab)in the case of those who may vote by post as proxy at local government elections in Scotland or Wales, whether their applications were to vote by post as proxy for an indefinite or a particular period (specifying that period), and”.

(6)In sub-paragraph (9)—

(a)omit the “or” at the end of paragraph (c);

(b)after paragraph (c) insert—

“(ca)in the case of a person shown in the record as voting by post as proxy at parliamentary elections or at local government elections in England (or both), once the period for which the person is entitled to vote by post as proxy at elections of the kind in question has expired, or”;

(c)in paragraph (d), after “as proxy” insert “at local government elections in Scotland or Wales”.

Transitional provisionE+W+S

4(1)This paragraph applies where, immediately before the day specified for the purposes of this paragraph (“the specified day”), a person has a relevant postal vote entitlement lasting for—

(a)an indefinite period, or

(b)a period that would expire after the end of 3 years beginning with the specified day.

(2)A “relevant postal vote entitlement” means an entitlement, resulting from the grant of a pre-commencement application, to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both).

(3)The person’s relevant postal vote entitlement ends on the applicable 31 January (unless it ends sooner).

(4)“The applicable 31 January” means—

(a)the third 31 January following the specified day, or

(b)if sooner, the signature refresh date.

(5)“The signature refresh date” means the 31 January by which the registration officer would be required to send the person a regulation 60A notice (assuming no change in the person’s entitlement or entitlements to vote by post or by proxy after the specified day, and disregarding sub-paragraph (9)).

(6)As soon as practicable after the specified day, the registration officer must alter the record kept under paragraph 3(4) or 7(6) of Schedule 4 to RPA 2000 (as the case may be) so as to reflect any change resulting from sub-paragraph (3) in the period for which the person’s relevant postal vote entitlement lasts.

(7)The registration officer must, before the applicable 31 January, send the person—

(a)a notice informing the person of the date on which the person’s relevant postal vote entitlement is to end, and

(b)information about how to make a fresh application to vote by post (as elector or, as the case may be, as proxy).

(8)Sub-paragraph (9) applies where, as a result of sub-paragraph (3), a person’s relevant postal vote entitlement is to end on the signature refresh date.

(9)Any requirement to send the person a regulation 60A notice by the signature refresh date does not apply, unless—

(a)the person has an entitlement (or entitlements) due to continue beyond that date—

(i)to vote by post (whether as elector or proxy) at local government elections in Scotland or Wales,

(ii)to vote by proxy at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both), or

(iii)to vote by proxy at local government elections in Scotland or Wales, and

(b)regulation 60A applies in relation to that entitlement (or those entitlements).

(10)Expressions used in this paragraph and in Schedule 4 to RPA 2000 have the same meaning as in that Schedule.

(11)This paragraph does not apply in relation to a person who is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration made at any time before the day on which section 14 comes fully into force (see instead Part 2 of Schedule 7).

(12)In this paragraph—

• “pre-commencement application” means an application made under paragraph 3(1) or 7(4)(a) of Schedule 4 to RPA 2000 before the specified day;

• “register of parliamentary electors” means a register of parliamentary electors maintained under section 9 of RPA 1983;

• “regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2);

• “regulation 60A notice” means a notice under regulation 60A;

• “RPA 2000” means the Representation of the People Act 2000;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

Valid from 31/10/2023

Section 6

Schedule 4U.K.Proxy voting: limits and transitional provision

Representation of the People Act 1983U.K.

1RPA 1983 is amended as follows.

2(1)Section 61 (other voting offences) is amended as follows.

(2)After subsection (1) insert—

“(1A)A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—

(a)at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors;

(b)at a parliamentary election where—

(i)P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

(ii)P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

(c)at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors;

(d)at a local government election in England where—

(i)P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

(ii)P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration;

(e)at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors;

(f)at parliamentary elections where—

(i)P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

(ii)P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

(g)at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors;

(h)at local government elections in England, where—

(i)P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

(ii)P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.”

(3)After subsection (3A) insert—

“(3B)A person (“P”) is also guilty of an offence if P votes as proxy—

(a)for more than four electors—

(i)at a parliamentary election;

(ii)where the polls for two or more parliamentary elections are held on the same day, at those elections taken together;

(iii)at a local government election in England;

(iv)where the polls for two or more local government elections in England are held on the same day, at those elections taken together;

(b)for more than two electors—

(i)at a parliamentary election, or

(ii)where the polls for two or more parliamentary elections are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration;

(c)for more than two electors—

(i)at a local government election in England, or

(ii)where the polls for two or more local government elections in England are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.”

(4)In subsection (4)—

(a)omit “at a parliamentary election in any constituency or”;

(b)after “any electoral area” insert “in Wales or Scotland”.

(5)In subsection (6), after “subsection” insert “(3B) or”.

3In section 202 (general provisions as to interpretation), in subsection (1), after the definition of “registered political party” insert—

• ““service declaration” means a declaration made by a person under and in accordance with section 15;”.

4(1)Rule 35 of Schedule 1 (questions to be put to voters) is amended as follows.

(2)In paragraph (1)—

(a)omit “and” at the end of sub-paragraph (a);

(b)insert “and” at the end of sub-paragraph (b);

(c)after sub-paragraph (b) insert—

“(c)must be put if—

(i)the person has answered the previous question in the manner indicated, and

(ii)the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:”.

(3)The table following paragraph (1) is amended in accordance with sub-paragraphs (4) to (6).

(4)In entry 2, in the column headed “Questions”, for question (c) substitute—

(5)In entry 3, in the column headed “Questions”, for question (c) substitute—

(6)Omit entry 4.

(7)In paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

5In Schedule 2 (provisions which may be contained in regulations as to registration etc), after paragraph 5B insert—

“5C(1)Provision as to the steps that the Chief Electoral Officer for Northern Ireland must take, before appointing a person as proxy to vote for another, to ensure that the appointment complies with section 8(2A) of the Representation of the People Act 1985.

(2)Provision under sub-paragraph (1) may require a registration officer in Great Britain to provide information about whether the person has or will have an entry in a register of parliamentary electors maintained by the officer.”

Representation of the People Act 1985U.K.

6(1)Section 8 of the Representation of the People Act 1985 (proxies at parliamentary elections in Northern Ireland) is amended as follows.

(2)After subsection (2) insert—

“(2A)A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election unless the person is or will be registered in a register of parliamentary electors in Great Britain or Northern Ireland.”

(3)In subsection (3)—

(a)omit the “or” at the end of paragraph (a);

(b)omit paragraph (b).

(4)For subsection (5) substitute—

“(5)A person—

(a)is not entitled to vote as proxy at a parliamentary election on behalf of more than two electors who do not fall within subsection (5A), but

(b)subject to paragraph (a), is entitled to vote as proxy at a parliamentary election on behalf of up to four electors.

(5A)An elector falls within this subsection if the elector is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration.

(5B)Where the polls for two or more parliamentary elections are held on the same day, references in subsection (5A) to a parliamentary election are to all of those elections taken together.”

(5)After subsection (7) insert—

“(7A)The requirements prescribed under subsections (6) and (7) must include a requirement for an application to contain the proxy’s date of birth.”

Termination of certain proxy appointments on the specified dayE+W+S

8(1)This paragraph applies where—

(a)a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which paragraph 2(2) comes into force, and

(b)the appointment has effect immediately before the specified day in relation to—

(i)parliamentary elections in England and Wales or Scotland or local government elections in England (or both), or

(ii)a particular parliamentary election in England and Wales or Scotland or local government election in England.

(2)On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3)The registration officer must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a)a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b)information about how to make a fresh application to vote by proxy.

(4)As soon as practicable after the specified day, the registration officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5)Where the specified day is 31 January in a particular year, sub-paragraph (6) applies in relation to a person who—

(a)is entitled (before that day) to vote by proxy by means of the proxy appointment, and

(b)falls within the category of persons in relation to whom the requirement to send a regulation 60A notice by that day applies.

(6)The requirement to send the person a regulation 60A notice by the specified day does not apply, unless—

(a)the person has an entitlement (or entitlements) due to continue beyond that day—

(i)to vote by proxy at local government elections in Scotland or Wales,

(ii)to vote by post (whether as elector or proxy) at parliamentary elections in England and Wales or Scotland or at local government elections in England (or both), or

(iii)to vote by post (whether as elector or proxy) at local government elections in Scotland or Wales, and

(b)regulation 60A applies in relation to that entitlement (or those entitlements).

(7)Nothing in sub-paragraph (2) affects the proxy appointment so far as it also relates to any election or elections other than those mentioned in sub-paragraph (1)(b).

(8)In this paragraph—

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “registration officer” has the meaning given by section 8(1) of RPA 1983;

• “regulation 60A” means regulation 60A (requirement to provide fresh signatures) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) or the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (S. 2); 

• “regulation 60A notice” means a notice under regulation 60A;

• “relevant absent voters’ records” means the records kept under paragraphs 3(4), 4(6) and 7(6) and (8) of Schedule 4 to RPA 2000;

• “RPA 2000” means the Representation of the People Act 2000;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

9(1)This paragraph applies where—

(a)a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of this Schedule come into force, and

(b)the appointment has effect immediately before the specified day in relation to—

(i)parliamentary elections in Northern Ireland, or

(ii)a particular parliamentary election in Northern Ireland.

(2)On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3)The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a)a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b)information about how to make a fresh application to vote by proxy.

(4)As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5)More than one day may be specified for the purposes of this paragraph if the relevant provisions come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

(6)In this paragraph—

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “relevant absent voters’ records” means the records kept under sections 6(3) and 9(6) and any lists under sections 7(4) and 9(9) of RPA 1985 which have not been published under regulation 66(3) of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741);

• “relevant provisions of this Schedule” means paragraphs 2(2) and 6(2);

• “RPA 1985” means the Representation of the People Act 1985;

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

Termination of applications for certain proxy appointments on the specified dayU.K.

10(1)An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

(a)parliamentary elections in England and Wales or Scotland or local government elections in England (or both), or

(b)a particular parliamentary election in England and Wales or Scotland or local government election in England.

(2)The registration officer must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

(3)Sub-paragraph (1) does not apply where the application was made on or after the day on which paragraph 2(2) comes into force.

(4)Expressions used in this paragraph and in paragraph 8 have the same meaning as in that paragraph.

11(1)An application for a proxy appointment that is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”) is to be treated as not having been made so far as the application relates to—

(a)parliamentary elections in Northern Ireland, or

(b)a particular parliamentary election in Northern Ireland.

(2)The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (1) information about how to make a fresh application to vote by proxy.

(3)Sub-paragraph (1) does not apply where the application was made on or after the day on which the relevant provisions come into force.

(4)More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

(5)Expressions used in this paragraph and in paragraph 9 have the same meaning as in that paragraph.

Valid from 01/11/2023

Section 8

Schedule 5U.K.Undue influence: further provision

Local Government Act 1972U.K.

1The Local Government Act 1972 is amended as follows.

2In section 80 (disqualifications for election and holding office as member of local authority), in subsection (1), after paragraph (e) insert “; or

(f)is incapable of being elected to or holding—

(i)the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

(ii)the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence);”.

Local Government Act (Northern Ireland) 1972U.K.

3In section 4 of the Local Government Act (Northern Ireland) 1972 (disqualifications), in subsection (1), after paragraph (e) insert—

“(ea)the person is incapable of being elected to or holding—

(i)the office of member of the House of Commons of the Parliament of the United Kingdom, having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983, article 69 of the Police and Crime Commissioner Elections Order 2012 or regulation 136 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (undue influence);

(ii)the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001) (undue influence); or”.

Representation of the People Act 1983U.K.

4(1)RPA 1983 is amended as follows.

(2)In section 160 (persons reported personally guilty of corrupt or illegal practices)—

(a)after subsection (4A) insert—

“(4B)Subject to section 113(2) to (6) of the Electoral Law Act (Northern Ireland) 1962, a person reported by an election court personally guilty of a corrupt practice under paragraph 3 of Schedule 9 to that Act (undue influence)—

(a)is, during the relevant period specified in subsection (5), incapable of being elected to the House of Commons, and

(b)if already elected to a seat in the House of Commons, must vacate the seat as from the date of the report.

(4C)In subsection (4B) “election court” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130 of that Act); and section 94(2) of that Act (persons treated as reported personally guilty) applies also for the purposes of subsection (4B).”;

(b)in subsection (5), for “subsection (4)” substitute “subsections (4) and (4B)”.

(3)In section 173 (incapacities on conviction for corrupt or illegal practice)—

(a)after subsection (2) insert—

“(2A)A person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence)—

(a)is, during the relevant period specified in subsection (3), incapable of being elected to the House of Commons, and

(b)if already elected to a seat in the House of Commons, must vacate the seat subject to and in accordance with subsections (4) and (5).”;

(b)in subsection (3), for “subsection (1)(a)” substitute “subsections (1)(a) and (2A)(a)”;

(c)in subsection (4), after “subsection (1)(b)” insert “or (2A)(b)”;

(d)after subsection (7) insert—

“(7A)If a person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence) has already been elected to a seat in the House of Commons, the person is (in addition to being subject to the incapacities mentioned in subsection (2A)(a) above and section 112(1)(a)(ii) of that Act) suspended from performing any of the functions of a Member of Parliament during the period of suspension specified in subsection (8).”;

(e)in subsection (8), for “subsection (7)” substitute “subsections (7) and (7A)”;

(f)after subsection (9) insert—

“(9A)Any incapacity or other requirement applying to a person by virtue of subsection (2A) or (7A) applies in addition to any punishment imposed under section 108 of the Electoral Law Act (Northern Ireland) 1962; but each of those subsections has effect subject to section 113(2) to (6) of that Act.”

Greater London Authority Act 1999U.K.

5In section 21 of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member)—

(a)omit the “or” after paragraph (d);

(b)after paragraph (e) insert “; or

(f)the person is incapable of being elected to or holding—

(i)the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

(ii)the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).”

Local Democracy, Economic Development and Construction Act 2009U.K.

6In Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections), in paragraph 9(1), after paragraph (d) insert—

“(e)is incapable of being elected to or holding—

(i)the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

(ii)the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).”

Police Reform and Social Responsibility Act 2011U.K.

7In section 66 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner), in subsection (3)—

(a)omit the “or” at the end of paragraph (c);

(b)after paragraph (d) insert “; or

(e)the person is incapable of being elected to or holding the office of—

(i)member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

(ii)member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).”

Valid from 31/10/2023

Local Elections (Northern Ireland) Order 1985U.K.

28(1)In Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454), paragraph 3 (proxies at local elections) is amended as follows.

(2)After sub-paragraph (1) insert—

“(1A)A person is not capable of being appointed to vote, or voting, as proxy at a local election unless the person is or will be registered in—

(a)a register of local electors in Northern Ireland, or

(b)a register of local government electors in Great Britain maintained under section 9 of the 1983 Act.”

(3)In sub-paragraph (2)—

(a)omit the “or” at the end of paragraph (a);

(b)omit paragraph (b).

(4)For sub-paragraph (4) substitute—

“(4)A person—

(a)is not entitled to vote as proxy at a local election on behalf of more than two electors who do not fall within sub-paragraph (4A), but

(b)subject to paragraph (a), is entitled to vote as proxy at a local election on behalf of up to four electors.

(4A)An elector falls within this sub-paragraph if the elector is registered in a register of local electors in pursuance of a service declaration.

(4B)Where the polls for two or more local elections are held on the same day, references in sub-paragraph (4) to a local election are to all of those elections taken together.”

29In paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (additional requirements for applications for appointment of a proxy), after “name” insert “, date of birth”.

Valid from 31/01/2024

Elections Act 2001U.K.

31(1)The Schedule to the Elections Act 2001 (modification of the local election rules for occasions where polls are combined) is amended as follows.

(2)For paragraph 6 (Parliamentary elections rules: questions to be put to voters) substitute—

“6In rule 35, in the table after paragraph (1), after “this” insert “parliamentary”—

(a)in entry 1, in each of paragraphs (a) and (b);

(b)in entry 2, in each of paragraphs (a) to (e);

(c)in entry 3, in each of paragraphs (a) to (e).”

(3)In paragraph 20 (local elections rules: questions to be put to voters), for “the second question in paragraph (2)” substitute “in each of questions (a), (b) and (c) in paragraph (2)”.

Valid from 31/10/2023

Transitional provisions relating to proxy votingN.I.

32(1)This paragraph applies where—

(a)a proxy appointment is in force immediately before the day specified for the purposes of this paragraph (“the specified day”) as a result of an application made before the day on which the relevant provisions of this Schedule come into force, and

(b)the appointment has effect immediately before the specified day in relation to local elections in Northern Ireland or a particular local election in Northern Ireland.

(2)On the specified day, the proxy appointment ceases to have effect as mentioned in sub-paragraph (1)(b).

(3)The Chief Electoral Officer for Northern Ireland must, before the specified day, send the person who is entitled to vote by proxy by means of the proxy appointment—

(a)a notice informing the person that the appointment ceases to have effect as mentioned in sub-paragraph (1)(b) on the specified day (naming that day), and

(b)information about how to make a fresh application to vote by proxy.

(4)As soon as practicable after the specified day, the Chief Electoral Officer must alter the relevant absent voters’ records as necessary to reflect the change to the proxy appointment resulting from sub-paragraph (2).

(5)More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).

(6)In this paragraph and paragraph 33—

• “the 1985 Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454);

• “local election” has the meaning given by section 130(1) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.));

• “proxy appointment” means an appointment of a person to vote as proxy for another person;

• “relevant absent voters’ records” means—

  (a)

  the record kept under paragraph 1(3) of Part 1 of Schedule 2 to the 1985 Order,

  (b)

  the record kept under paragraph 4(5) of that Part, and

  (c)

  any lists kept under paragraphs 2(4) and 4(8) of that Part which have not been published under paragraph 15(6) of that Part;

• “relevant provisions of this Schedule” means paragraphs 26 and 28(2);

• “specified” means specified by the Secretary of State in regulations made by statutory instrument.

33(1)This paragraph applies to an application for a proxy appointment under paragraph 1 of Part 1 of Schedule 2 to the 1985 Order where the application is made before, but not determined by, the day specified for the purposes of this paragraph (“the specified day”).

(2)The application is to be treated as not having been made.

(3)The Chief Electoral Officer for Northern Ireland must, as soon as practicable, send each person whose application is affected by sub-paragraph (2) information about how to make a fresh application to vote by proxy.

(4)Sub-paragraph (2) does not apply where the application was made on or after the day on which the relevant provisions of this Schedule come into force.

(5)More than one day may be specified for the purposes of this paragraph if the relevant provisions of this Schedule come into force on different days (and in such a case references in this paragraph to the specified day and to the relevant provisions of this Schedule are to be construed accordingly).