Schedules

Section 1

Schedule 1U.K.Voter identification

Amendments of RPA 1983U.K.

1RPA 1983 is amended as follows.

2U.K.After section 13BC insert—

“13BDElectoral identity document: Great Britain

(1)An application for an electoral identity document may be made by a person who—

(a)is or has applied to be registered in a register of parliamentary electors in Great Britain or a register of local government electors in England, or

(b)is or has applied to be registered in a register of local government electors in Wales and—

(i)is entitled to vote or, as the case may be, will on being registered be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or

(ii)will be entitled to vote or, as the case may be, will on being registered be entitled to vote, at such an election on attaining the age of 18.

(2)An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant is or has applied to be registered.

(3)A registration officer must, in accordance with regulations, determine an application made to the registration officer.

(4)Regulations may make provision—

(a)about the timing of an application for an electoral identity document;

(b)about the issuing or collection of an electoral identity document.

(5)Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election.

(6)The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity document from a polling station.

(7)No charge may be made for the issue of an electoral identity document.

(8)Regulations must require an electoral identity document issued to a person—

(a)to state the person’s full name, and

(b)to contain a photograph of the person.

(9)Regulations may require an electoral identity document to include other information.

(10)Regulations may make provision about—

(a)the form of an electoral identity document (including provision for the document to be issued in different forms in different circumstances), and

(b)the period for which an electoral identity document issued in a particular form is to be valid.

(11)Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an electoral identity document).

13BEAnonymous elector’s document: Great Britain

(1)An application for an anonymous elector’s document may be made by a person who—

(a)has or has applied for an anonymous entry in a register of parliamentary electors in Great Britain or a register of local government electors in England, or

(b)has or has applied for an anonymous entry in a register of local government electors in Wales and—

(i)is entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at an election of a police and crime commissioner for a police area in Wales (see section 52(1A) of the Police Reform and Social Responsibility Act 2011), or

(ii)will be entitled to vote or, as the case may be, will on having an anonymous entry in the register be entitled to vote, at such an election on attaining the age of 18.

(2)An application must be made to a registration officer who maintains a register referred to in subsection (1) in which the applicant has or has applied for an anonymous entry.

(3)A registration officer must, in accordance with regulations, determine an application made to the registration officer.

(4)Regulations may make provision—

(a)about the timing of an application for an anonymous elector’s document;

(b)about the issuing or collection of an anonymous elector’s document.

(5)Regulations under subsection (4)(a) may in particular provide for an application to be disregarded for the purposes of a particular election where the application is received after a deadline specified by reference to the date of that election.

(6)The provision that may be made by virtue of subsection (4)(b) includes provision amending the parliamentary elections rules in connection with the collection of an anonymous elector’s document from a polling station.

(7)No charge may be made for the issue of an anonymous elector’s document.

(8)Regulations must require an anonymous elector’s document issued to a person—

(a)to state the person’s electoral number, and

(b)to contain a photograph of the person.

(9)Regulations may require an anonymous elector’s document to include other information.

(10)Regulations may make provision about—

(a)the form of an anonymous elector’s document (including provision for the document to be issued in different forms in different circumstances), and

(b)the period for which an anonymous elector’s document issued in a particular form is to be valid.

(11)Regulations under subsection (9) or (10)(a) may confer functions on the Electoral Commission (for example, the Commission may be required to design an anonymous elector’s document).

(12)Regulations—

(a)may authorise or require a registration officer to remind a person who has an anonymous entry in a register maintained by the officer of the need to obtain an anonymous elector’s document in order to be able to vote in person;

(b)may require a registration officer, in prescribed circumstances, to replace an anonymous elector’s document issued to a person with a new anonymous elector’s document issued by the officer.”

3(1)Section 13C (electoral identity card: Northern Ireland) is amended as follows.U.K.

(2)In subsection (2)—

(a)omit the “and” after paragraph (a);

(b)omit paragraph (b).

(3)After subsection (3) insert—

“(3A)Regulations may make provision about the issuing or collection of an electoral identity card.

(3B)The provision that may be made by virtue of subsection (3A) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity card from a polling station.”

(4)In subsection (4), in paragraph (d), before “include” insert “subject to provision made by virtue of subsection (4A),”.

(5)After subsection (4) insert—

“(4A)Regulations may make provision—

(a)about the information to be included in an electoral identity card;

(b)about the form of an electoral identity card (including provision for the card to be issued in different forms in different circumstances).”

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”.

5U.K.In section 56 (registration appeals: England and Wales), in subsection (1), after paragraph (ab) insert—

“(ac)from a determination of a registration officer not to issue—

(i)an electoral identity document following an application under section 13BD, or

(ii)an anonymous elector’s document following an application under section 13BE,”.

6U.K.In section 58 (registration appeals: Northern Ireland), in subsection (1), after paragraph (ba) insert—

“(bb)from a determination of the Chief Electoral Officer not to issue an electoral identity card following an application under section 13C;”.

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).”

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).”

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”.

10U.K.Schedule 1 (Parliamentary elections rules) is amended in accordance with paragraphs 11 to 33.

11U.K.After rule 19A insert—

“Date of birth lists for polling stations in Northern Ireland

19B(1)The Chief Electoral Officer for Northern Ireland must prepare the following lists for each polling station—

(a)a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b);

(b)a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision.

(2)For the purposes of paragraph (1)(b), “relevant provision” means—

(a)where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b), and

(b)where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.

(3)A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at the polling station to make a decision under rule 37(1B)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age).

(4)A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules (including regulations under paragraph (6))—

(a)permit a list prepared under paragraph (1) for a polling station to be inspected;

(b)supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list;

(c)make use of information contained in a list prepared under paragraph (1).

(5)This paragraph applies to—

(a)the Chief Electoral Officer for Northern Ireland;

(b)a person to whom functions are delegated by the Chief Electoral Officer;

(c)the presiding officer of the polling station;

(d)a clerk or other officer appointed to work at the polling station.

(6)Regulations may make provision—

(a)enabling the inspection of a list prepared under paragraph (1) by prescribed persons;

(b)authorising or requiring prescribed persons to supply a copy of a list prepared under paragraph (1) to such persons as may be prescribed;

(c)for the payment of a fee in respect of the inspection of a list or the supply of a copy of a list.

(7)Regulations under paragraph (6)(a) or (b) may impose conditions in relation to—

(a)the inspection of a list;

(b)the supply of a copy of a list;

(c)the purposes for which information contained in a list that is inspected or supplied in pursuance of the regulations may be used.

(8)The conditions that may be imposed by virtue of paragraph (7)(b) include conditions relating to the extent to which a person to whom a copy of a list has been supplied may—

(a)supply the copy to any other person,

(b)disclose to any other person information contained in the copy, or

(c)use any such information for a purpose other than that for which the copy was supplied to the person.

(9)Regulations under paragraph (6) may also impose, in respect of persons to whom a copy of a list has been supplied or information has been disclosed by virtue of paragraph (8), conditions corresponding to those mentioned in paragraph (8).”

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.”

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).”

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.”

15(1)Rule 29 (equipment of polling stations) is amended as follows.U.K.

(2)In paragraph (3), after sub-paragraph (e) insert—

“(f)in the case of an election held in Northern Ireland, the lists prepared for the polling station under rule 19B.”

(3)After paragraph (3) insert—

“(3ZA)In the case of an election held in England and Wales or Scotland, the returning officer must also provide each polling station with a prescribed form (referred to in these rules as “the ballot paper refusal list”) on which entries are to be made as mentioned in rule 40ZB (refusal to deliver ballot paper: Great Britain).”

(4)After paragraph (4) insert—

“(4A)In the case of an election held in England and Wales or Scotland, a large notice must be displayed inside each polling station containing—

(a)details of the documents the voter needs to produce when applying for a ballot paper, 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, and

(b)a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a specified form of identification and the name of the elector or proxy that the voter claims to be.”

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.”

17(1)Rule 37 (voting procedure), as it extends to Northern Ireland, is amended as follows.U.K.

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

(3)After paragraph (1A) insert—

“(1AA)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.”

(4)In paragraph (1B), for the words from “the officer” to the end substitute “—

(a)the officer or clerk decides that—

(i)the document, or

(ii)the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (1DC)),

raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b)the officer or clerk reasonably suspects that the document is a forged document (see paragraph (1EA)).”

(5)In paragraph (1C)—

(a)after “decides” insert “or reasonably suspects (as the case may be)”;

(b)after “voter” insert “(subject to paragraph (1DA))”.

(6)In paragraph (1D), after “decides” insert “or reasonably suspects (as the case may be)”.

(7)After paragraph (1D) insert—

“(1DA)There is an exception from paragraph (1C) for cases within sub-paragraph (a) of paragraph (1B) 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.

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

(1DC)For the purposes of paragraph (1B)(a)(ii), “relevant provision” means—

(a)where the voter is registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act, and

(b)where the voter is registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.”

(8)In paragraph (1E)—

(a)for “one which” substitute “a document (in whatever form issued to the holder and regardless of any expiry date) which”;

(b)in sub-paragraph (j), after “a” insert “Registered Blind SmartPass or”;

(c)in sub-paragraph (k), after “a” insert “War Disablement SmartPass or”;

(d)after sub-paragraph (l) insert—

“(m)a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;

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

(9)After paragraph (1E) insert—

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

(10)After paragraph (1F) insert—

“(1FA)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.”

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).

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.”

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.”

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”.

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.”

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)”.

24U.K.After rule 40A insert—

“Collection and disclosure of information relating to applications made under rules 37 to 40

40B(1)This rule applies in relation to an election held in England and Wales or Scotland if—

(a)regulations provide that this rule applies in relation to the election, or

(b)the election is within a description of elections in relation to which regulations provide that this rule applies.

(2)A presiding officer must—

(a)collect prescribed information relating to applications made under rules 37(1), 38(1), 39(1) and 40(1), and

(b)provide the prescribed information to the returning officer as soon as practicable after the close of the poll.

(3)Where the prescribed information relates to an election held in England and Wales—

(a)the returning officer must forward the information to the relevant registration officer, and

(b)the relevant registration officer must, as soon as reasonably practicable after receiving the information, deal with it as required by paragraph (5).

(4)Where the prescribed information relates to an election held in Scotland, the returning officer must deal with it as required by paragraph (5).

(5)The relevant registration officer or (as the case may be) the returning officer must—

(a)anonymise the prescribed information by removing from it all names and electoral numbers of the people to whom the information relates, and

(b)collate the information in the prescribed manner.

The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (5) information”.

(6)The relevant registration officer or (as the case may be) the returning officer must provide the paragraph (5) information—

(a)to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (5), and

(b)where they request the information, to the Electoral Commission.

(7)The relevant registration officer or (as the case may be) the returning officer must not disclose the paragraph (5) information otherwise than in accordance with paragraph (6).

(8)The relevant registration officer or (as the case may be) the returning officer must retain the information anonymised in accordance with paragraph (5)(a) for at least 10 years.

(9)For the purposes of paragraph (5)(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.

(10)Except as provided by paragraph (11), a disclosure of information under this rule does not breach—

(a)any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or

(b)any other restriction on the disclosure of information (however imposed).

(11)Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account).

(12)In this rule—

(a)“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);

(b)references to the relevant registration officer are to—

(i)the registration officer of the local authority in whose area the constituency is situated, or

(ii)if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered.”

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),”.

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.”

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,”.

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,”.

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.”

30U.K.After rule 56 insert—

“Inspection of ballot paper refusal list: Great Britain

56A(1)Regulations may make provision about the circumstances in which a registration officer may open the sealed packet containing a completed ballot paper refusal list and inspect the list.

(2)Regulations may impose conditions in relation to the opening of a sealed packet or the inspection of a list by virtue of paragraph (1).

(3)Regulations may make provision about the disclosure by a registration officer of information contained in the ballot paper refusal list.”

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,”.

32U.K.In rule 58 (disposal of documents in Scotland), after paragraph (2)(b) insert—

“(ba)the references in rule 56A to a registration officer are to be read as references to the returning officer;”.

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.

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).”

Consequential repealsU.K.

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

Section 2

Schedule 2U.K.Power to make regulations about registration, absent voting and other matters

Amendments to the Representation of the People Act 1983U.K.

1In section 53 of RPA 1983 (power to make regulations as to registration etc), in subsection (1)—

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

(b)after paragraph (b) insert—

“(ba)with respect to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections; and”.

2U.K.Schedule 2 to RPA 1983 (provision which may be contained in regulations as to registration etc) is amended in accordance with paragraphs 3 to 11.

3(1)Paragraph 1 is amended as follows.U.K.

(2)In sub-paragraph (2A)—

(a)omit “in Great Britain”;

(b)in paragraph (a), for “or 10ZD” substitute “, 10ZD, 13BD, 13BE or 13C”;

(c)in the closing words, for “paragraph 3ZA(5)” substitute “paragraphs 3ZA(5) and 3A(6)”.

(3)After sub-paragraph (5) insert—

“(5A)References in this paragraph to a registration officer’s registration duties include references to—

(a)in the case of a registration officer in Great Britain, the officer’s functions—

(i)under sections 13BD and 13BE, and

(ii)in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales;

(b)in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions—

(i)under section 13C, and

(ii)in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.”

4(1)Paragraph 1A is amended as follows.U.K.

(2)In sub-paragraph (1)(a), for the words from the first “who is” to the end substitute “within sub-paragraph (1A),”.

(3)After sub-paragraph (1) insert—

“(1A)The following persons are within this sub-paragraph—

(a)a person who is registered in a register maintained by the registration officer;

(b)a person who is named in—

(i)an application for registration in, or alteration of, a register,

(ii)an application (including a partially completed application) under section 13BD, 13BE or 13C, or

(iii)a relevant absent voting application.

(1B)In sub-paragraph (1A)(b)(i), the reference to an application for registration in, or alteration of, a register includes a reference to a partially completed application submitted through the UK digital service.”

(4)After sub-paragraph (5) insert—

“(6)In sub-paragraph (1), the reference to disclosing information includes, in relation to verifying information relating to a person who is named in a relevant registration application or a relevant absent voting application, references to disclosing evidence provided by a person in connection with the application.

(7)In this paragraph—

(a)“relevant absent voting application” means—

(i)an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than an application in relation to a local government election, or local government elections, in Scotland or Wales, or

(ii)an application (including a partially completed application) under section 6, 7 or 8 of the Representation of the People Act 1985;

(b)“relevant registration application” means an application (including a partially completed application) for registration in, or alteration of—

(i)a register of parliamentary electors, or

(ii)a register of local government electors in England,

and includes a form (or partially completed form) in connection with a canvass under section 10;

(c)“the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in sub-paragraph (1B) to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.

(8)A notice, including a partially completed notice, under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.”

5(1)Paragraph 3ZA is amended as follows.U.K.

(2)In sub-paragraph (1)—

(a)for “or 10ZD” substitute “, 10ZD, 13BD or 13BE”;

(b)in paragraph (b), after “applications” insert “and any such declarations”.

(3)After sub-paragraph (2) insert—

“(2A)Provision made under sub-paragraph (1) in relation to applications within sub-paragraph (2B) may include provision—

(a)conferring functions on the Secretary of State to enable applications to be made in a particular manner;

(b)authorising the Secretary of State, in prescribed circumstances, to complete applications in part for people.

(2B)The following applications are within this sub-paragraph—

(a)an application for registration in, or alteration of—

(i)a register of parliamentary electors,

(ii)a register of local government electors in England, or

(iii)a register of local government electors in Scotland or Wales, where the application is submitted through the UK digital service;

(b)an application under section 13BD or 13BE.”

(4)After sub-paragraph (3) insert—

“(3A)Provision requiring a person making an application under section 13BD or 13BE to provide evidence that the person is the person named in the application.”

(5)In sub-paragraph (4), after “(3)” insert “or (3A)”.

(6)In sub-paragraph (6), after “(3)” insert “or (3A)”.

(7)After sub-paragraph (6) insert—

“(7)In sub-paragraph (2B)(a)(iii), “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference to an application submitted through the UK digital service is a reference to an application submitted using that service as an intermediary.”

6U.K.For paragraph 3A substitute—

“3A(1)Provision about—

(a)applications for registration in Northern Ireland and applications under section 13C, including in particular provision about—

(i)the form and contents of applications and of any declarations to be made in connection with them;

(ii)the manner in which applications and any such declarations are to be made;

(b)the manner in which forms in connection with a canvass under section 10 are to be submitted.

(2)Provision made under sub-paragraph (1) may include provision—

(a)conferring functions on the Secretary of State or the Chief Electoral Officer for Northern Ireland to enable applications to be made, or forms to be submitted, in a particular manner;

(b)conferring other functions on the Chief Electoral Officer for Northern Ireland;

(c)conferring functions on the Electoral Commission;

(d)authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications or forms in part for people.

(3)Provision requiring a person making an application for registration in Northern Ireland—

(a)to provide evidence that the person is the person named in the application;

(b)to provide evidence of entitlement to be registered.

(4)Provision requiring a person making an application under section 13C to provide evidence that the person is the person named in the application.

(5)Provision made under sub-paragraph (3) or (4) must specify the kind of evidence that a person is required to provide.

(6)Examples of the evidence that may be specified include a person’s date of birth or national insurance number.

(7)Provision made under sub-paragraph (3) or (4) may require a person to provide the evidence to the Chief Electoral Officer for Northern Ireland or to some other prescribed person (or person of a prescribed description).

(8)Provision about how any requirement for an applicant to provide a signature in connection with—

(a)an application for registration in Northern Ireland, or

(b)a form submitted in connection with a canvass under section 10,

may be satisfied.”

7U.K.After paragraph 5 insert—

“5ZA(1)Provision about the manner in which relevant absent voting applications are to be made.

(2)Provision made under sub-paragraph (1) may include provision—

(a)conferring functions on the Secretary of State, registration officers, or local or public authorities in Great Britain, to enable applications to be made in a particular manner;

(b)conferring other functions on registration officers;

(c)conferring functions on the Electoral Commission;

(d)authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications in part for people.

(3)Provision imposing requirements to be met in relation to a relevant absent voting application.

(4)Provision about how any requirement for an applicant to provide a signature in connection with a relevant absent voting application may be satisfied.

(5)In this paragraph “relevant absent voting application” has the same meaning as in paragraph 1A.

(6)A notice under section 8(9) of the Representation of the People Act 1985 (cancellation of proxy appointment) is to be treated as a relevant absent voting application for the purposes of this paragraph.”

8U.K.In paragraph 8B(1), for “or 10ZD” substitute “, 10ZD, 13BD, 13BE or 13C”.

9U.K.After paragraph 8B insert—

“8BA(1)Provision requiring a registration officer in Great Britain to keep records of—

(a)applications made to the officer under sections 13BD and 13BE;

(b)documents issued by the officer under those sections.

(2)Provision requiring the Chief Electoral Officer for Northern Ireland to keep records of—

(a)applications made to the Chief Electoral Officer under section 13C;

(b)electoral identity cards issued under that section.

(3)Provision made under sub-paragraph (1) or (2) may include provision about information to be shown in a record.

(4)Provision authorising or requiring a relevant registration officer—

(a)to supply a copy of a record kept by the officer by virtue of provision made under sub-paragraph (1) or (2), or

(b)to disclose information contained in such a record,

to such persons and for such purposes as may be prescribed.

(5)In sub-paragraph (4), “relevant registration officer” means—

(a)in relation to a record referred to in sub-paragraph (1), a registration officer in Great Britain;

(b)in relation to a record referred to in sub-paragraph (2), the Chief Electoral Officer for Northern Ireland.”

10U.K.In paragraph 8C(1)—

(a)in paragraph (a), for “or 10A” substitute “, 10A, 13BD, 13BE or 13C”;

(b)in paragraph (c), after “3ZA” insert “, 3A or 8BA”.

11U.K.In paragraph 13, after sub-paragraph (1) insert—

“(1ZZA)References in sub-paragraph (1)(b) to a registration officer’s registration duties include references to—

(a)in the case of a registration officer in Great Britain, the officer’s functions—

(i)under sections 13BD and 13BE, and

(ii)in relation to applications under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000, other than applications in relation to a local government election, or local government elections, in Scotland or Wales;

(b)in the case of the Chief Electoral Officer for Northern Ireland, the Chief Electoral Officer’s functions—

(i)under section 13C, and

(ii)in relation to applications under section 6, 7 or 8 of the Representation of the People Act 1985.”

Consequential repealsU.K.

14The following are repealed—

(a)section 2(2) of the Elections (Northern Ireland) Act 1985;

(b)paragraph 24(5) of Schedule 1 to the Representation of the People Act 2000;

(c)paragraph 20(4) of Schedule 4 to the Electoral Registration and Administration Act 2013.

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.E+W+S

(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.E+W+S

(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.

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.U.K.

(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”.

3U.K.In 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.U.K.

(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)”.

5U.K.In 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.”

Representation of the People Act 2000U.K.

7(1)Paragraph 6 of Schedule 4 to the Representation of the People Act 2000 (proxies at parliamentary elections and local government elections in Great Britain) is amended as follows.

(2)After sub-paragraph (5B) insert—

“(5C)A person—

(a)is not entitled to vote as proxy at a parliamentary election, or at a local government election in England, on behalf of more than two electors who do not fall within sub-paragraph (5D), but

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

(5D)An elector falls within this sub-paragraph—

(a)in relation to a parliamentary election, if the elector is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

(b)in relation to a local government election in England, if the elector is registered in a register of local government electors in England in pursuance of a service declaration.

(5E)Where the polls for two or more parliamentary elections are held on the same day, references in sub-paragraph (5C) to a parliamentary election are to all of those elections taken together.

(5F)Where the polls for two or more local government elections in England are held on the same day, references in sub-paragraph (5C) to a local government election in England are to all of those elections taken together.”

(3)In sub-paragraph (6)—

(a)omit paragraph (a);

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

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—U.K.

(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.

Section 8

Schedule 5U.K.Undue influence: further provision

Local Government Act 1972U.K.

1The Local Government Act 1972 is amended as follows.

2U.K.In 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).”

Section 12

Schedule 6U.K.Local elections in Northern Ireland and elections to the Northern Ireland Assembly

Part 1U.K.Local elections in Northern Ireland

Electoral Law Act (Northern Ireland) 1962U.K.

1The Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) is amended as follows.

2U.K.In section 96 (provisions applying to all persons reported personally guilty of a corrupt or illegal practice)—

(a)omit “or” at the end of subsection (3A)(b);

(b)after subsection (3A)(b) insert—

“(ba)a corrupt practice under paragraph 5ZA of that Schedule (handling of postal voting documents by political campaigners); or”.

3U.K.In section 108 (penalties for corrupt practices), in subsection (4)(a)(i), for “or 4A”, in both places, substitute “, 4A or 5ZA”.

4U.K.In section 112 (incapacities resulting from convictions for corrupt or illegal practices)—

(a)omit “or” at the end of subsection (1A)(b);

(b)after subsection (1A)(b) insert—

“(ba)a corrupt practice under paragraph 5ZA of Schedule 9 (handling of postal voting documents by political campaigners); or”.

5U.K.In section 114 (corrupt and illegal practices committed by agents), in subsection (1)(a), after “paragraph” insert “5ZA or”.

6U.K.Schedule 5 (local elections rules) is amended in accordance with paragraphs 7 to 22.

7U.K.In rule 5 (nomination of candidates), for paragraph (2A) substitute—

“(2A)If a candidate—

(a)commonly uses a surname that is different from any other surname the candidate has,

(b)commonly uses a forename that is different from any other forename the candidate has, or

(c)otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”

8U.K.In rule 12 (publication of statement of persons nominated), in paragraph (2A)—

(a)for “in addition to another name” substitute “in accordance with rule 5(2A)”;

(b)for “any other name” substitute “the other surname or forename”.

9U.K.After rule 16A insert—

“Date of birth lists

16B(1)The returning officer must prepare the following lists for each polling station—

(a)a list setting out, in relation to each elector allotted to the polling station, the elector’s date of birth as supplied pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989);

(b)a list setting out, in relation to each person appointed to vote as proxy for an elector allotted to the polling station, the person’s date of birth as supplied pursuant to a relevant provision.

(2)For the purposes of paragraph (1)(b), “relevant provision” means—

(a)where the person is or will be registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and

(b)where the person is or will be registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.

(3)A list prepared under paragraph (1) must include sufficient information for the purposes of enabling the presiding officer or a clerk at each polling station to make a decision under rule 34(3)(a)(ii) (decision whether specified document raises doubt as to voter’s apparent age).

(4)A person to whom paragraph (5) applies must not, otherwise than in accordance with these rules or provision made by or under any other enactment—

(a)permit a list prepared under paragraph (1) for a polling station to be inspected;

(b)supply to any person a copy of a list prepared under paragraph (1) for a polling station or information contained in such a list;

(c)make use of information contained in a list prepared under paragraph (1).

(5)This paragraph applies to—

(a)the returning officer;

(b)a person to whom functions are delegated by the returning officer;

(c)the presiding officer of the polling station;

(d)a clerk or other officer appointed to work at the polling station.”

10U.K.In rule 22 (provision of polling stations), after paragraph (4) insert—

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

11U.K.In rule 23 (appointment of presiding officers and clerks), 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 32(3) or paragraph (4) of rule 34 (including that paragraph as applied by rule 35, 36 or 37), or

(c)resolve doubts over identity as mentioned in paragraph (5A) of rule 34 (including that paragraph as applied by rule 35, 36 or 37).”

12(1)Rule 26 (equipment of polling stations) is amended as follows.U.K.

(2)In paragraph (3), after sub-paragraph (e) insert—

“(f)the lists prepared for the polling station under rule 16B.”

(3)For paragraph (3A)(b) substitute—

“(b)such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 34 (including in relation to voting secretly).”

(4)After paragraph (3A) insert—

“(3B)In this rule, “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 34 because of—

(a)blindness or partial sight, or

(b)another disability.

(3C)The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b).

(3D)Before giving guidance under paragraph (3C), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate.

(3E)In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (3C).”

(5)Omit paragraphs (5) to (10).

13(1)Rule 32 (questions to be put to voters) is amended as follows.U.K.

(2)In paragraph (1A), after “elector” insert “or as proxy”.

(3)For paragraph (2) substitute—

“(2)In the case of a person applying as proxy, the presiding officer may, and if required as mentioned in paragraph (1) above must, put the following additional question:—

(a)“Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of four or more electors?”

and if the person answers that question in the negative, the following question:—

(b)“Have you already voted as proxy at this election, either here or elsewhere in this or any other district electoral area, on behalf of two or more electors both or all of whom are registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?”

and if the person answers that question in the affirmative, the following question:—

(c)“Is the elector (or are the electors) for whom you are voting today at this election registered in a register of local electors in Northern Ireland otherwise than by virtue of a service qualification?””

(4)After paragraph (2) insert—

“(2A)Where a clerk—

(a)gives a person the required information (see paragraph (6)),

(b)puts any of the questions set out in paragraphs (1) to (2) above 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.”

(5)For paragraph (3) substitute—

“(3)Where the presiding officer—

(a)gives a person the required information,

(b)puts any of the questions set out in paragraphs (1) to (2) above to the person (whether or not following a referral under paragraph (2A)), 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.”

(6)After paragraph (5) insert—

“(6)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.”

14(1)Rule 34 (voting procedure) is amended as follows.U.K.

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

(3)After paragraph (2) insert—

“(2A)The presiding officer or clerk must arrange for the voter to produce a specified 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.”

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

(a)the officer or clerk decides that—

(i)the document, or

(ii)the apparent age of the voter as compared with the voter’s age according to the date supplied as the date of the voter’s birth pursuant to a relevant provision (see paragraph (5C)),

raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b)the officer or clerk reasonably suspects that the document is a forged document (see paragraph (6B)).”

(5)In paragraph (4)—

(a)after “decides” insert “or reasonably suspects (as the case may be)”;

(b)after “voter” insert “(subject to paragraph (5A))”.

(6)In paragraph (5), after “decides” insert “or reasonably suspects (as the case may be)”.

(7)After paragraph (5) insert—

“(5A)There is an exception from paragraph (4) for cases within paragraph (3)(a) 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.

(5B)The refusal to deliver a ballot paper to a voter under paragraph (4) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (5A) apply on any further application.

(5C)For the purposes of paragraph (3)(a)(ii), “relevant provision” means—

(a)where the voter is registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and

(b)where the voter is registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.”

(8)In paragraph (6)—

(a)for “one which” substitute “a document (in whatever form issued to the holder and regardless of any expiry date) which”;

(b)in sub-paragraph (j), after “a” insert “Registered Blind SmartPass or”;

(c)in sub-paragraph (k), after “a” insert “War Disablement SmartPass or”;

(d)after sub-paragraph (k) insert—

“(ka)a Half Fare SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1 April 2004;”;

(e)after sub-paragraph (l) insert—

“(m)a biometric immigration document issued in accordance with regulations under section 5 of the UK Borders Act 2007.”

(9)After paragraph (6A) insert—

“(6B)In this rule, a “forged document” means a false document made to resemble a specified document.

(6C)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.”

15U.K.In rule 35 (votes marked by presiding officer), in paragraph (2), for the words from “reading” to the end substitute “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 34(5B), the reference to paragraph (1) of rule 34 were to paragraph (1) of this rule.”

16(1)Rule 36 (voting by persons with disabilities) is amended as follows.U.K.

(2)In paragraph (2)(b)(i), for “is a qualified person within the meaning of this rule” substitute “is aged 18 or over”.

(3)In paragraph (2A), for the words from “reading” to the end substitute “but as if—

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

(b)in rule 34(5B), the reference to paragraph (1) of rule 34 were to paragraph (1) of this rule.”

(4)In paragraph (3), omit the words from “and a person” to the end.

17U.K.In rule 37 (tendered ballot papers), in paragraph (2)—

(a)for “paragraph (1)” substitute “this rule”;

(b)after “34(1)” insert “, but as if the reference in rule 34(5B) to making a further application under rule 34(1) 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”.

18U.K.In rule 38 (refusal to deliver ballot paper), in paragraph (2), after “that” insert “and to rule 34(5B)”.

19U.K.In rule 41(1) (sealing and delivery of documents etc), after sub-paragraph (da) insert—

“(db)the lists provided to the polling station under rule 26(3)(f),”.

20(1)Rule 56A (destruction of home address forms) is amended as follows.U.K.

(2)For “each candidate’s home address form” substitute “the documents mentioned in paragraph (1A)”.

(3)After paragraph (1) insert—

“(1A)The documents referred to in paragraph (1) are—

(a)each candidate’s home address form;

(b)the lists provided to the polling station under rule 26(3)(f).”

(4)In the heading, after “forms” insert “and date of birth lists”.