Representation of the People Act 2000

Proxies at elections E+W+S

6 (1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph and paragraph 7 referred to as “the elector”) at any parliamentary or local government election and may vote in pursuance of the appointment. E+W+S

(2) The elector cannot have—

(a) more than one person at a time appointed as proxy to vote for him at parliamentary elections (whether in the same constituency or elsewhere), or

(b) more than one person at a time appointed as proxy to vote for him at local government elections in the same electoral area.

[F1 (3) 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.

(3A) A person is not capable of being appointed to vote, or voting, as proxy at a local government election unless the person is or will be registered in a register of local government electors in Great Britain or Northern Ireland.

(4) A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary or local government election if the person is subject to any legal incapacity (age apart) to vote at that election as an elector.]

(5) A person is not capable of voting as proxy at a parliamentary or local government election [F2 (other than a local government election in Scotland)] [F3 (other than a local government election in Wales)] unless on the date of the poll he has attained the age of 18.

[F4 (5A) A person is not capable of voting as proxy at a local government election in Scotland unless on the date of the election the person has attained the age of 16.]

[F5 (5A) A person is not capable of voting as proxy at a local government election in Wales unless on the date of the election the person has attained the age of 16.]

[F6 (5B) A person is not capable of voting as proxy at a local government election in Scotland if on the date of the election the person is a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders in prison sentenced to term not exceeding 12 months) applies.]

[F7 (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.]

(6) A person is not entitled to vote as proxy—

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) at the same local government election in any electoral area [F9 in Wales or Scotland],

on behalf of more than two electors of whom that person is not the [F10 spouse, civil partner,] parent, grandparent, brother, sister, child or grandchild.

(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—

(a) registered in the register of parliamentary electors, local government electors or both (as the case may be), and

(b) shown in the record kept under paragraph 3 as voting by proxy at such elections,

and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.

(8) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary or local government election, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—

(a) registered in the register of parliamentary or, as the case may be, local government electors, and

(b) entitled to vote by proxy at that election by virtue of an application under paragraph 4(2) or (3),

and that the proxy is capable of being, and willing to be, appointed.

(9) The appointment of a proxy under this paragraph is to be made by means of a proxy paper in the prescribed form issued by the registration officer.

(10) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force—

(a) where the appointment related to a parliamentary election or parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a parliamentary election or parliamentary elections (whether in the same constituency or elsewhere),

(b) where the appointment related to a local government election or local government elections, on the issue of a proxy paper appointing a different person to vote for him at a local government election or local government elections in the same electoral area, or

(c) where the appointment was for a particular period, once that period expires.

(11) Subject to sub-paragraph (10), the appointment shall remain in force—

(a) in the case of an appointment for a particular election, for that election, and

(b) in any other case, while the elector is shown as voting by proxy in the record kept under paragraph 3 in pursuance of the same application under that paragraph.

Textual Amendments

F1 Sch. 4 para. 6(3)-(4) substituted for Sch. 4 para. 6(3)(4) (10.6.2014 for E.W., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 3, 27(1) (with Sch. 5); S.I. 2014/414, art. 5(c)

F2 Words in Sch. 4 para. 6(5) inserted (S.) (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 16(2), 21

F3 Words in Sch. 4 para. 6(5) inserted (W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 8(3)(b)(i) (with s. 3)

F4 Sch. 4 para. 6(5A) inserted (S.) (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 16(3), 21

F5 Sch. 4 para. 6(5A) inserted (W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 8(3)(b)(ii) (with s. 3)

F6 Sch. 4 para. 6(5B) inserted (S.) (2.4.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 9(4), 12(1)

F7 Sch. 4 para. 6(5C)-(5F) inserted (31.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 4 para. 7(2); S.I. 2023/1145, reg. 4(d)(v) (with Sch. para. 4)

F8 Sch. 4 para. 6(6)(a) omitted (31.1.2024) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 4 para. 7(3)(a); S.I. 2023/1145, reg. 4(d)(v) (with Sch. para. 4)

F9 Words in Sch. 4 para. 6(6)(b) inserted (31.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 4 para. 7(3)(b); S.I. 2023/1145, reg. 4(d)(v) (with Sch. para. 4)

F10 Words in Sch. 4 para. 6(6) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 164(3); S.I. 2005/3175, art. 2(2)

Modifications etc. (not altering text)

C1 Sch. 4 para. 6(6) restricted (31.10.2023) by The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023 (S.I. 2023/1145), Sch. para. 4

Commencement Information

I1 Sch. 4 para. 6 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))