2(1)This paragraph applies to determine the manner of voting of a person entitled to vote as an elector at a parliamentary or local government election.E+W+S
(2)He may vote in person at the polling station allotted to him under the appropriate rules, unless he is entitled as an elector to an absent vote at the election.
(3)He may vote by post if he is entitled as an elector to vote by post at the election.
(4)If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under the appropriate rules for a ballot paper for the purpose of voting in person, in which case he may vote in person there.
(5)If—
(a)he is not entitled as an elector to an absent vote at the election, but
(b)he cannot reasonably be expected to go in person to the polling station allotted to him under the appropriate rules by reason of the particular circumstances of his employment, either as a constable or by the returning officer, on the date of the poll for a purpose connected with the election,
he may vote in person at any polling station in the constituency or, as the case may be, electoral area.
[F1(5ZA)In the application of sub-paragraph (5) to an election in England or Wales, a reference to a constable includes a person designated as a community support officer [F2or community support volunteer] under section 38 of the Police Reform Act 2002 (police powers for employees [F3or volunteers]).]
[F4(5A)Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote—
(a)in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or
(b)by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).]
[F5(5B)In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether he is registered by virtue of that provision or not; and such a person may vote—
(a)in person (where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or
(b)by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).]
(6)Nothing in the preceding provisions of this paragraph applies to—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a person to whom section 7A of that Act (persons remanded in custody) applies,
whether he is registered by virtue of that provision or not; and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).
[F7(6ZA) In relation to a local government election in Scotland, nothing in the preceding provisions of this paragraph applies to a person to whom section 3(1A) of the 1983 Act (exception to disenfranchisement for offenders sentenced to term not exceeding 12 months) applies; and such a person may only vote by post or by proxy (where the person is entitled as an elector to vote by post or, as the case may be, by proxy at the election).]
[F8(6A)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.]
[F9(6B)Sub-paragraph (2) above does not prevent a person, 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 an absent vote at the election.]
(7)For the purposes of the provisions of—
(a)this Schedule, and
(b)the 1983 Act so far as it has effect in relation to England, Wales and Scotland,
a person entitled to vote as an elector at a parliamentary or local government election is entitled as an elector to vote by post or entitled to vote by proxy at the election [F10if sub-paragraph (8) or (9) (as the case may be) applies to him in relation to the election]; and references in those provisions to entitlement as an elector to an absent vote at a parliamentary or local government election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.
[F11(8)This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 5(2) below as entitled to vote by post at an election.
(9)This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 5(3) below as entitled to vote by proxy at an election.]
Textual Amendments
F1Sch. 4 para. 2(5ZA) inserted (6.4.2014) by Electoral Registration and Administration Act 2013 (c. 6), ss. 21(3), 27(1); S.I. 2014/414, art. 3(e) (with art. 4)
F2Words in Sch. 4 para. 2(5ZA) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 12(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
F3Words in Sch. 4 para. 2(5ZA) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 12(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
F4Sch. 4 para. 2(5A) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 35(2), 77 (with saving in s. 35(4)); S.I. 2006/3412, art. 3, Sch. 1 para. 5 (subject to transitional provisions in Sch. 2)
F5Sch. 4 para. 2(5B) inserted (S.) (17.2.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 32(a), 63(2); S.S.I. 2007/26, art. 3
F6Sch. 4 para. 2(6)(a) and word "or " following it repealed (other than in relation to local government elections in Scotland) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 35(3)(4), 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 12 (subject to transitional provisions in Sch. 2)
F7Sch. 4 para. 2(6ZA) inserted (S.) (2.4.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 9(2), 12(1)
F8Sch. 4 para. 2(6A) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 38(6)(a), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14 (subject to transitional provisions in Sch. 2)
F9Sch. 4 para. 2(6B) inserted (S.) (17.2.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 27(2)(a), 63(2); S.S.I. 2007/26, art. 3
F10Words in Sch. 4 para. 2(7) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 137(3)(a); S.I. 2006/3412, art. 3, Sch. 1 para. 12 (subject to transitional provisions in Sch. 2)
F11Sch. 4 para. 2(8)(9) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 137(3)(b); S.I. 2006/3412, art. 3, Sch. 1 para. 12 (subject to transitional provisions in Sch. 2)
Commencement Information
I1Sch. 4 para. 2 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))