Search Legislation

Representation of the People Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Voting as proxy

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Representation of the People Act 2000, Cross Heading: Voting as proxy. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Voting as proxyE+W+S

7(1)A person entitled to vote as proxy at a parliamentary or local government election may do so in person at the polling station allotted to the elector under the appropriate rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.E+W+S

(2)Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3)For the purposes of this Schedule and the 1983 Act a person entitled to vote as proxy for another at a parliamentary or local government election is entitled so to vote by post if he is included in the list kept under sub-paragraph (8) in respect of the election.

(4)Where a person applies to the registration officer to vote by post—

(a)as proxy at parliamentary elections, at local government elections or at both F1..., or

(b)as proxy at a particular parliamentary or local government election,

the registration officer shall grant the application if the conditions set out in sub-paragraph (5) are satisfied.

(5)Those conditions are—

(a)that the registration officer is satisfied that the elector is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and

(b)that there is in force an appointment of the applicant as the elector’s proxy to vote for him at elections of the kind in question or, as the case may be, the election concerned, and

(c)that the application [F2contains the applicant's signature and date of birth and] meets the prescribed requirements [F3and, 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].

[F4(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.]

(6)The registration officer shall keep a record of those whose applications under sub-paragraph (4)(a) have been granted showing—

(a)whether their applications—

(i)were in respect of parliamentary elections, local government elections or both, F5...

F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(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]

(b)the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(7)Where, in the case of a particular parliamentary or local government election, a person included in the record kept under sub-paragraph (6) in respect of elections of the kind in question applies to the registration officer for his ballot paper to be sent to a different address from that shown in the record, the registration officer shall grant the application if it meets the prescribed requirements.

(8)The registration officer shall, in respect of each parliamentary or local government election, keep a special list [F8 (“the proxy postal voters list”)] of—

(a)those who are for the time being included in the record kept under sub-paragraph (6) in respect of elections of the kind in question, together with the addresses provided by them in their applications under sub-paragraph (4)(a) or, as the case may be, sub-paragraph (7) as the addresses to which their ballot papers are to be sent, and

(b)those whose applications under sub-paragraph (4)(b) above have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

[F9(8A)In the case of a person who has an anonymous entry in a register the special list mentioned in sub-paragraph (8) must contain only—

(a)the person's electoral number, and

(b)the period for which the anonymous entry has effect.

(8B)[F10Sub-paragraph (8A) does not apply to a special list kept in respect of a local government election in Scotland.]]

(9)The registration officer shall remove a person from the record kept under sub-paragraph (6)—

(a)if he applies to the registration officer to be removed,

(b)if the elector ceases to be registered as mentioned in sub-paragraph (5)(a),

(c)if the appointment of the person concerned as the elector’s proxy ceases to be in force (whether or not he is re-appointed), F11...

[F12(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]

(d)in the case of a person who applied to vote by post as proxy [F13at local government elections in Scotland or Wales] for a particular period, once that period expires.

[F14(10)Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.]

[F15(11)The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if he is satisfied that the applicant is unable—

(a)to provide a signature because of any disability the applicant has,

(b)to provide a signature because the applicant is unable to read or write, or

(c)to sign in a consistent and distinctive way because of any such disability or inability.”

(12)The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4)(a) or (b) have been granted showing—

(a)their dates of birth;

(b)except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures.

(13)The record kept under sub-paragraph (12) must be retained by the registration officer for the prescribed period.]

[F16(14)Sub-paragraph (2) above does not prevent a person entitled to vote as proxy for another, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—

(a)made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and

(b)which entitles him to do so despite the fact that he is or may be entitled to vote by post as proxy.]

Textual Amendments

F1Words in Sch. 4 para. 7(4)(a) omitted (31.10.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 3 para. 3(2) (with Sch. 7 para. 16(2)); S.I. 2023/1145, reg. 2(e)

F2Words in Sch. 4 para. 7(5)(c) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 14(3)(a), 77 (with saving in s. 14(8)); S.I. 2006/3412, art. 3, Sch. 1 para. 3 (subject to transitional provisions in Sch. 2)

F3Words in Sch. 4 para. 7(5)(c) inserted (31.10.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 3 para. 3(3) (with Sch. 7 para. 16(2)); S.I. 2023/1145, reg. 2(e)

F5Word in Sch. 4 para. 7(6)(a)(i) omitted (31.10.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 3 para. 3(5)(a)(i) (with Sch. 7 para. 16(2)); S.I. 2023/1145, reg. 2(e)

F6Sch. 4 para. 7(6)(a)(ii) omitted (31.10.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 3 para. 3(5)(a)(ii) (with Sch. 7 para. 16(2)); S.I. 2023/1145, reg. 2(e)

F7Sch. 4 para. 7(6)(aa)(ab) inserted (31.10.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 3 para. 3(5)(b) (with Sch. 7 para. 16(2)); S.I. 2023/1145, reg. 2(e)

F8Words in Sch. 4 para. 7(8) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 137(7); S.I. 2006/3412, art. 3, Sch. 1 para. 12 (subject to transitional provisions in Sch. 2)

F9Sch. 4 para. 7(8A)(8B) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 23; S.I. 2006/3412, art. 3, Sch. 1 para. 12 (subject to transitional provisions in Sch. 2)

F11Word in Sch. 4 para. 7(9) omitted (31.10.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 3 para. 3(6)(a) (with Sch. 7 para. 16(2)); S.I. 2023/1145, reg. 2(e)

F13Words in Sch. 4 para. 7(9)(d) inserted (31.10.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 3 para. 3(6)(c) (with Sch. 7 para. 16(2)); S.I. 2023/1145, reg. 2(e)

F14Sch. 4 para. 7(10) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 38(6)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14 (subject to transitional provisions in Sch. 2)

F15Sch. 4 para. 7(11)-(13) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 14(3)(b), 77 (with saving in s. 14(8)); S.I. 2006/3412, art. 3, Sch. 1 para. 3 (subject to transitional provisions in Sch. 2)

Commencement Information

I1Sch. 4 para. 7 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))

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources