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Legislation Crest

Representation of the People Act 1983

1983 CHAPTER 2

An Act to consolidate the Representation of the People Acts of 1949, 1969, 1977, 1978, and 1980, the Electoral Registers Acts of 1949 and 1953, the Elections (Welsh Forms) Act 1964, Part III of the Local Government Act 1972, sections 6 to 10 of the Local Government (Scotland) Act 1973, the Representation of the People (Armed Forces) Act 1976, the Returning Officers (Scotland) Act 1977, section 3 of the Representation of the People Act 1981, section 62 of and Schedule 2 tothe Mental Health (Amendment) Act 1982, and connected provisions; and to repeal as obsolete the Representation of the People Act 1979 and other enactments related to the Representation of the People Acts.

[8th February 1983]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Editorial Information

X1In this Act references to constituency are to be construed as mentioned in Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 1(2)

Extent Information

E1Act extends to the United Kingdom, but see s. 205(2) for minor exclusions

Modifications etc. (not altering text)

C1Act applied by S.R. 1989/48 art. 2, Sch. Pt. VII para. 38(4)

Act applied (8.11.1994) by 1994 c. 39, ss. 5(1), 7(2); S.I. 1994/2850, art. 2, Sch. 1

Act applied (with modifications) (temp. from 6.1.1995 until 1.4.1996) by S.I. 1994/3255, arts. 4-7, Schs. II-IV

Act applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 1

Act applied (with modifications) (28.5.1998) by S.I. 1998/1287, arts. 1(2)(a), 3(1)(3)(5), Sch. 1; S.I. 1998/1313, art. 2

Act applied (with modifications) (E.W.) (1.2.2002) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185), reg. 3(2), Sch. 2

Act applied (24.10.2002) by European Parliamentary Elections Act 2002 (c. 24), ss. 9(3), 18(2)

Act applied (with modifications) (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), reg. 2

Act applied (with modifications) (E.W.S.) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), reg. 3(2)(3)(a)(4), Sch. 2 (with Sch. 4 para. 9) (as amended (E.W.) (6.4.2014) by S.I. 2014/370, reg. 6(3) (with reg. 1(2)) and (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 44 (with reg. 1(6)(7)))

Act applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), art. 3(2)-(4), Sch. 2 (as amended (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 95 (with reg. 1(6)(7)) )

C2Act amended (N.I.) by S.I. 1986/1091, reg. 51(6)

Act amended (E.W.) by S.I. 1986/1081, reg. 51(6) (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

Act amended by Representation of the People Act 1985 (c. 50), s. 9(3)

Act amended by Representation of the People Act 1985 (c. 50), s. 27(2)

Act amended (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50), s. 10, Sch. 1 para. 24

Act amended (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2), s. 4

C3Act extended (N.I.) with modifications by Elections (Northern Ireland) Act 1985 (c. 2), s. 3(7)

Act: specified provisions extended (with modifications) (23.4.1999) by S.I. 1999/1214, reg. 3(1)(4)(7), Sch. 1 (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

Act (except ss. 67-70) (as extended by reg. 3(1)(4)(7), Sch. 1 of the amending S.I.) modified by S.I. 1999/1214, reg. 10(9), 11(9) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

C4Act: power to apply conferred by Representation of the People Act 1985 (c. 50), s. 3(7)(b)

Act: power to apply conferred (19.11.1998) by 1998 c. 46, s. 12(4)(5)

Act: power to apply or incorporate conferred (1.12.1998) by 1998 c. 38, s. 11(3)(a); S.I. 1998/2789, art. 2

C6Act continued (with modifications) by S.I. 2001/1298, reg. 10(1)(c)

C8Act: s. 46(1)-(4) construed as part of the amending Act (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 46(5), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

C9Act: power to amend conferred (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 72, 77; S.I. 2006/3412, art. 3, Sch. 1 para. 10 (subject to transitional provisions in art. 6, Sch. 2)

Act: power to amend conferred (25.7.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 1(2)(a), 31(1)

C10Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 160(1), s. 4(4)(a), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 160(1), s. 13(4)(5), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

C12Act: power to amend conferred (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 34(3)(b), 43(1)

C13Act: certain functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C14Act applied in part (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), Sch. 4 para. 1(1)

C17Act: power to apply or incorporate (with modifications) conferred (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 58(1)-(3)(7)

C18Act: power to apply or incorporate (with modifications) conferred (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 54(2)-(5), 157(1); S.I. 2012/1129, art. 2(b)

C19Act modified (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 5 para. 30(5); S.I. 2014/414, art. 5(n); S.I. 2014/2439, art. 2(m)

C23Act power to apply (with modifications) conferred by Scotland Act 1998 (c. 46), ss. 12(4)(5) (as substituted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 4(1), 72(4)(a); S.I. 2017/608, reg. 2(1)(b))

C24Act functions transferred (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 45, Sch. 1 para. 1 (as modified (18.12.2019) by S.I. 2019/1506, arts. 1(2), 3)

Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Parliamentary and local government franchiseU.K.

[F11 Parliamentary electors.U.K.

(1)A person is entitled to vote as an elector at a parliamentary election in any constituency if on the date of the poll he—

(a)is registered in the register of parliamentary electors for that constituency;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is either a Commonwealth citizen or a citizen of the Republic of Ireland; and

(d)is of voting age (that is, 18 years or over).

(2)A person is not entitled to vote as an elector—

(a)more than once in the same constituency at any parliamentary election; or

(b)in more than one constituency at a general election.]

Textual Amendments

F1S. 1 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(1); S.I. 2001/116, art. 2(1)(2) (with s. 2(4))

Modifications etc. (not altering text)

C35S. 1(1)(a) excluded (4.3.2016) by Recall of MPs Act 2015 (c. 25), ss. 10(5), 24(3); S.I. 2016/290, reg. 2

C36S. 1(1)(d) excluded (4.3.2016) by Recall of MPs Act 2015 (c. 25), ss. 10(5), 24(3); S.I. 2016/290, reg. 2

[F22 Local government electors.E+W+N.I.

(1)A person is entitled to vote as an elector at a local government election in any electoral area if on the date of the poll he—

(a)is registered in the register of local government electors for that area;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is a Commonwealth citizen, a citizen of the Republic of Ireland [F3, a relevant citizen of the Union or (in Wales) a qualifying foreign citizen];

(d)is of voting age (that is, 18 years or over [F4except in Wales (see subsection (1A))]).

[F5(1A)In Wales, voting age is 16 years or over.]

(2)A person is not entitled to vote as an elector—

(a)more than once in the same electoral area at any local government election; or

(b)in more than one electoral area at an ordinary election for a local government area which is not a single electoral area.]

Textual Amendments

F2S. 2 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(1); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F3Words in s. 2(1)(c) substituted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 2(1)(a)(i), 175(3)(b) (with s. 3)

F4Words in s. 2(1)(d) inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 2(1)(a)(ii), 175(3)(b) (with s. 3)

[F15292 Local government electors.S

(1)A person is entitled to vote as an elector at a local government election in any electoral area if on the date of the poll he—

(a)is registered in the register of local government electors for that area;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is a Commonwealth citizen, a citizen of the Republic of Ireland or [F1530—

(i)except in Scotland,] a relevant citizen of the Union;

[F1531(ii)in Scotland, a qualifying foreign national,] and

(d)is of voting age (that is, 18 years or over [F1532, except in Scotland (see subsection (1A))]).

[F1533(1A)In Scotland, voting age is 16 years or over.]

(2)A person is not entitled to vote as an elector—

(a)more than once in the same electoral area at any local government election; F1534...

(b)in more than one electoral area at an ordinary election for a local government area which is not a single electoral area [F1535, or

(c)in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day.]]

Textual Amendments

F1529S. 2 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(1); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F1532Words in s. 2(1)(d) inserted (S.) (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 1(1)(a), 21 (with s. 1(2))

3 Disfranchisement of offenders in prison etc.U.K.

(1)A convicted person during the time that he is detained in a penal institution in pursuance of his sentence [F6or unlawfully at large when he would otherwise be so detained] is legally incapable of voting at any parliamentary or local government election[F7, unless subsection (1A) applies to that person].

[F8(1A)A convicted person is not legally incapable of voting at a local government election in Scotland by virtue of subsection (1) during the time that the person is detained in a penal institution in pursuance of a sentence imposed for a term not exceeding 12 months.

(1B)In calculating the term of a sentence of a convicted person for the purpose of subsection (1A), terms that are consecutive or concurrent to any extent are to be treated as a single term if the sentences were imposed on that person—

(a)on the same occasion, or

(b)on different occasions but the convicted person was not released (other than on temporary release) at any time during the period beginning with the first occasion and ending with the last.]

(2)For this purpose—

(a)“convicted person” means any person found guilty of an offence (whether under the law of the United Kingdom or not), including a person found guilty by a [F9court of a service offence within the meaning of the Armed Forces Act 2006], but not including a person dealt with by committal or other summary process for contempt of court; and

(b)“penal institution” means an institution to which the M1Prison Act 1952, the M2Prisons (Scotland) Act 1952 or the M3Prison Act (Northern Ireland) 1953 applies; and

(c)a person detained for default in complying with his sentence shall not be treated as detained in pursuance of the sentence, whether or not the sentence provided for detention in the event of default, but a person detained by virtue of a conditional pardon in respect of an offence shall be treated as detained in pursuance of his sentence for the offence.

(3)It is immaterial for the purposes of this section whether a conviction or sentence was before or after the passing of this Act.

Textual Amendments

F9Words in s. 3(2)(a) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 95; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C37S. 3(1)(2) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C39S. 3(2)(a) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 24(1)

Marginal Citations

[F103A Disfranchisement of offenders detained in mental hospitals.U.K.

(1)A person to whom this section applies is, during the time that he is—

(a)detained at any place in pursuance of the order or direction by virtue of which this section applies to him, or

(b)unlawfully at large when he would otherwise be so detained,

legally incapable of voting at any parliamentary or local government election.

(2)As respects England and Wales, this section applies to the following persons—

(a)any person in respect of whom—

(i)an order has been made under section 37, 38, 44 or 51(5) of the M4Mental Health Act 1983, or

(ii)a direction has been given under section 45A, 46 or 47 of that Act;

(b)any person in respect of whom an order has been made under section 5(2)(a) of the M5Criminal Procedure (Insanity) Act 1964; and

(c)any person in respect of whom the Court of Appeal has made an order under—

(i)section 6(2)(a) of the M6Criminal Appeal Act 1968, or

(ii)section 14(2)(a) of that Act.

(3)As respects Scotland, this section applies to the following persons—

(a)any person in respect of whom an order has been made under section 53, 54, 57(2)(a) or (b) [F11, 57A(2)] or 58 of the M7Criminal Procedure (Scotland) Act 1995; and

(b)any person in respect of whom a direction has been given under [F12section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003] or section 59A of that Act of 1995.

(4)As respects Northern Ireland, this section applies to the following persons—

(a)any person in respect of whom—

(i)an order has been made under Article 44, 45, 50A(2)(a) or 57(5) of the M8Mental Health (Northern Ireland) Order 1986, or

(ii)a direction has been given under Article 52 or 53 of that Order; and

(b)any person in respect of whom the Court of Appeal has made an order under—

(i)section 11(1)(b) or (2)(b) of the M9Criminal Appeal (Northern Ireland) Act 1980, or

(ii)section 13(5A) of that Act.

[F13(5)The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).]

(6)In this section any reference to a person in respect of whom any order or direction falling within subsection (2), (3) or (4) has been made or given includes a reference to a person in respect of whom any such order or direction is, by virtue of any enactment, to be treated as having been made or given in connection with his transfer to a place in the part of the United Kingdom mentioned in that subsection.

(7)Any reference in any of subsections (2) to (4) above to a provision of any Act or Order includes a reference to any earlier provision (whether of that Act or Order as originally enacted or made or as previously amended, or otherwise) to the like effect.]

Textual Amendments

F10S. 3A inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 2; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F13S. 3A(5) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 96; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C40S. 3A(1)(4)-(7) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(2); S.I. 2001/116, art. 2(1) (with art. 2(4))

C41S. 3A(5) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 24(2)

Marginal Citations

[F14 Entitlement to registration]U.K.

Textual Amendments

F14S. 4 and preceding cross-heading substituted for s. 4 (29.1.2001 for specified purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

[F154 Entitlement to be registered as parliamentary or local government elector.E+W+N.I.

(1)A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—

(a)is resident in the constituency or that part of it;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and

(d)is of voting age.

F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—

(a)is resident in that area;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is a qualifying Commonwealth citizen, a citizen of the Republic of Ireland [F17, a relevant citizen of the Union or (in relation to a local government election in Wales) a qualifying foreign citizen];

(d)is of voting age F18....

F19(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The preceding provisions have effect—

(a)subject to—

(i)any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and

(ii)compliance with any prescribed requirements; and

(b)(as respects registration as a parliamentary elector) without prejudice to section 2(1) of the Representation of the M10People Act 1985 (registration of British citizens overseas).

(5)A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—

(a)his entry in the register shall give the date on which he will attain that age; and

(b)until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

[F20(5A)If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.]

F21(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section—

  • “qualifying Commonwealth citizen” means a Commonwealth citizen who either—

    (a)

    is not a person who requires leave under the M11Immigration Act 1971 to enter or remain in the United Kingdom, or

    (b)

    is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave;

  • “the relevant date”, in relation to a person, means—

    (a)

    the date on which an application for registration is made (or, by virtue of section 10A(2) below, is treated as having been made) by him;

    (b)

    in the case of a person applying for registration in pursuance of a declaration of local connection or a service declaration, the date on which the declaration was made.]

Textual Amendments

F15S. 4 and preceding cross-heading substituted for s. 4 (29.1.2001 for specified purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F17Words in s. 4(3)(c) substituted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 2(3)(a)(i), 175(3)(b) (with s. 3)

F18Words in s. 4(3)(d) omitted (E.W.) (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 2(3)(a)(ii), 175(3)(b) (with s. 3)

F19S. 4(3A) omitted (E.W.) (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 2(3)(b), 175(3)(b) (with s. 3)

F20S. 4(5A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 3; S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions and savings in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F21S. 4(5B) omitted (E.W.) (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 2(3)(c), 175(3)(b) (with s. 3)

Modifications etc. (not altering text)

Marginal Citations

[F15364 Entitlement to be registered as parliamentary or local government elector.S

(1)A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—

(a)is resident in the constituency or that part of it;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is either a qualifying Commonwealth citizen or a citizen of the Republic of Ireland; and

(d)is of voting age.

F1537(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—

(a)is resident in that area;

(b)is not subject to any legal incapacity to vote (age apart);

(c)is a qualifying Commonwealth citizen, a citizen of the Republic of Ireland or [F1538—

(i)except in relation to a local government election in Scotland,] a relevant citizen of the Union;

[F1539(ii)in relation to a local government election in Scotland, a qualifying foreign national,] and

(d)is of voting age.

(4)The preceding provisions have effect—

(a)subject to—

(i)any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and

(ii)compliance with any prescribed requirements; and

(b)(as respects registration as a parliamentary elector) without prejudice to section 2(1) of the Representation of the M89People Act 1985 (registration of British citizens overseas).

(5)A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors [F1540, other than a register of local government electors in Scotland (see subsection (5B)),] if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—

(a)his entry in the register shall give the date on which he will attain that age; and

(b)until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

[F1541(5A)If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 below.]

[F1542(5B)A person otherwise qualified is (despite subsection (3)(d)) entitled to be registered in a register of local government electors in Scotland if the person is 14 years of age or over, but—

(a)the person's entry in the register must give the date on which the person will attain voting age, and

(b)until the date given in the entry the person shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.

(5C)If a person entitled to be registered by virtue of subsection (5B) has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to the person's entry in the register are to be read as references to the person's entry in the record of anonymous entries prepared in pursuance of paragraph 8A of schedule 2.]

(6)In this section—

  • “qualifying Commonwealth citizen” means a Commonwealth citizen who either—

    (a)

    is not a person who requires leave under the M90Immigration Act 1971 to enter or remain in the United Kingdom, or

    (b)

    is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave;

  • “the relevant date”, in relation to a person, means—

    (a)

    the date on which an application for registration is made (or, by virtue of section 10A(2) below, is treated as having been made) by him;

    (b)

    in the case of a person applying for registration in pursuance of a declaration of local connection or a service declaration, the date on which the declaration was made.]

Textual Amendments

F1536S. 4 and preceding cross-heading substituted for s. 4 (29.1.2001 for specified purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(2); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F1541S. 4(5A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 3; S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions and savings in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

Modifications etc. (not altering text)

Marginal Citations

[F225 Residence: general.U.K.

(1)This section applies where the question whether a person is resident at a particular address on the relevant date for the purposes of section 4 above falls to be determined for the purposes of that section.

(2)Regard shall be had, in particular, to the purpose and other circumstances, as well as to the fact, of his presence at, or absence from, the address on that date.

For example, where at a particular time a person is staying at any place otherwise than on a permanent basis, he may in all the circumstances be taken to be at that time—

(a)resident there if he has no home elsewhere, or

(b)not resident there if he does have a home elsewhere.

(3)For the purpose of determining whether a person is resident in a dwelling on the relevant date for the purposes of section 4 above, his residence in the dwelling shall not be taken to have been interrupted by reason of his absence in the performance of any duty arising from or incidental to any office, service or employment held or undertaken by him if—

(a)he intends to resume actual residence within six months of giving up such residence, and will not be prevented from doing so by the performance of that duty; or

(b)the dwelling serves as a permanent place of residence (whether for himself or for himself and other persons) and he would be in actual residence there but for his absence in the performance of that duty.

(4)For the purposes of subsection (3) above any temporary period of unemployment shall be disregarded.

(5)Subsection (3) above shall apply in relation to a person’s absence by reason of his attendance on a course provided by an educational institution as it applies in relation to a person’s absence in the performance of any duty such as is mentioned in that subsection.

(6)Subject to sections 7 [F23and 7A][F23, 7A and 7B (in so far as it relates to a declaration made for the purposes only of the registration of local government electors in Scotland)] below, a person who is detained at any place in legal custody shall not, by reason of his presence there, be treated for the purposes of section 4 above as resident there.]

Textual Amendments

F22S. 5 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 3; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C44S. 5 extended (N.I.) (with modifications) (16.2.2001) by 1989 c. 3, Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(4): S.I. 2001/116, art. 2(1) (with art. 2(4)))

C45S. 5 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C46S. 5 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

6 Residence: merchant seamen.U.K.

At any time when a merchant seaman is not resident in the United Kingdom and would have been resident there but for the nature of his occupation, he shall be entitled to be treated for the purposes of [F24section 4 above]as resident—

(a) at any place at which he would have been resident but for the nature of his occupation; or

(b)at any hostel or club providing accommodation for merchant seamen at which he commonly stays in the course of his occupation.

For this purpose “merchant seaman” means any person not having a service qualification whose employment or the greater part of it is carried out on board seagoing ships, and includes any such person while temporarily without employment.

Textual Amendments

F24Words in s. 6 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 2; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C47Ss. 5, 6, 7(1) applied by Representation of the People Act 1985 (c. 50, SIF 42) , s. 27(2)

C48Ss. 5–7 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(5)(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(4); S.I. 2001/116, art. 2(1) (with art. 2(4)))

C49Ss. 5, 6, 7(1) applied (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 7(4)

C50S. 6 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C51S. 6 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

[F257 Residence: patients in mental hospitals who are not detained offenders or on remand.U.K.

(1)This section applies to a person who—

(a)is a patient in a mental hospital (whether or not he is liable to be detained there), but

(b)is not a person to whom section 3A above or section 7A below applies.

(2)A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the mental hospital in question if the length of the period which he is likely to spend at the hospital is sufficient for him to be regarded as being resident there for the purposes of electoral registration.

(3)A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until—

(a)the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

[F26(aa)the registration officer determines in accordance with regulations that the person was not entitled to be registered, or]

[F27(ab)the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person, or]

(b)another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),

whichever first occurs.

(4)Where the entitlement of such a person to remain so registered terminates by virtue of subsection (3) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of subsection (2).

(5)Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—

(a)by virtue of his residence at some place other than the mental hospital in which he is a patient, or

(b)in pursuance of a declaration of local connection.

(6)In this section “mental hospital” means any establishment (or part of an establishment) maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder; and for this purpose “mental disorder”—

(a)in relation to England or Wales, has the same meaning as in the M12Mental Health Act 1983,

(b)in relation to Scotland, has the same meaning as in the [F28Mental Health (Care and Treatment) (Scotland) Act 2003] , and

(c)in relation to Northern Ireland, has the same meaning as in the M13Mental Health (Northern Ireland) Order 1986.]

Textual Amendments

F25S. 7 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 4; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F26S. 7(3)(aa) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions and savings in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F27S. 7(3)(ab) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 2 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C52S. 7 extended (N.I.) (with modifications) (16.2.2001) by 1989 c. 3, Sch. 1 (as amended by 2000 c. 2, s. 8, Sch. 3 paras. 3(4), 4(2))

C53S. 7 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C54S. 7 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

Marginal Citations

[F297A Residence: persons remanded in custody etc.U.K.

(1)This section applies to a person who is detained at any place pursuant to a relevant order or direction and is so detained otherwise than after—

(a)being convicted of any offence, or

(b)a finding in criminal proceedings that he did the act or made the omission charged.

(2)A person to whom this section applies shall (subject to subsection (5) below) be regarded for the purposes of section 4 above as resident at the place at which he is detained if the length of the period which he is likely to spend at that place is sufficient for him to be regarded as being resident there for the purposes of electoral registration.

(3)A person registered in a register of electors in pursuance of an application for registration made by virtue of subsection (2) above is entitled to remain so registered until—

(a)the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

[F30(aa)the registration officer determines in accordance with regulations that the person was not entitled to be registered, or]

[F31(ab)the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person, or]

(b)another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of an application made by virtue of subsection (2)),

whichever first occurs.

(4)Where the entitlement of such a person to remain so registered terminates by virtue of subsection (3) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further application made by virtue of subsection (2).

(5)Subsection (2) above shall not be taken as precluding the registration of a person to whom this section applies—

(a)by virtue of his residence at some place other than the place at which he is detained, or

(b)in pursuance of a declaration of local connection.

(6)In this section “a relevant order or direction” means—

(a)a remand or committal in custody;

(b)a remand to a hospital under section 35 or 36 of the M14Mental Health Act 1983 or Article 42 or 43 of the M15Mental Health (Northern Ireland) Order 1986;

(c)a direction for removal to a hospital under section 48 of that Act or Article 54 of that Order;

(d)[F32an assessment order under section 52D or a treatment order under section 52M] of the M16Criminal Procedure (Scotland) Act 1995; or

[F33(e)a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 made in respect of a person to whom that section applies by virtue of article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005]]

Textual Amendments

F29S. 7A inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 5; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F30S. 7A(3)(aa) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I) by Electoral Administration Act 2006 (c. 22), ss. 12(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions and savings in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F31S. 7A(3)(ab) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 3 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C55Ss. 7-7C extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 paras. 3(4), 4(2); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5)))

C56S. 7A applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C57S. 7A applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

Marginal Citations

[F347AA Residence: convicted person to whom section 3(1A) appliesS

(1)This section applies to a convicted person to whom section 3(1A) applies.

(2)In determining whether the convicted person is resident in a dwelling on the relevant date for the purpose of section 4(3)(a), the convicted person's residence is not to be taken to have been interrupted by reason of the convicted person's detention in a penal institution if—

(a)the convicted person—

(i)intends to resume actual residence when released from the penal institution (other than on temporary release), and

(ii)will not be prevented from doing so by an order of any court, or

(b)the dwelling serves as a permanent place of residence (whether for the convicted person alone or with other persons) and the convicted person would be in actual residence there but for the convicted person's detention.]

Textual Amendments

[F357B Notional residence: declarations of local connection.E+W+N.I.

(1)A declaration under this section (“a declaration of local connection”)—

(a)may be made only by a person to whom this section applies, but

(b)may be made by such a person despite the fact that by reason of his age he is not entitled to vote.

(2)This section applies to any person who on the date when he makes such a declaration is—

(a)a person to whom section 7 above applies and who would not be entitled to be registered by virtue of residence at any place other than the mental hospital (within the meaning of that section) at which he is a patient, or

(b)a person to whom section 7A applies and who would not be entitled to be registered by virtue of residence at any place other than the place at which he is detained as mentioned in subsection (1) of that section, or

(c)a person who does not fall within paragraph (a) or (b) above (and is not otherwise in legal custody) and who is not, for the purposes of section 4 above, resident at any address in the United Kingdom (a “homeless person”).

[F36(2A)In relation to the registration of local government electors in Wales, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

F37(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)does not fall within any of the paragraphs (a) to (c) of subsection (2), and

(c)meets any of the requirements specified in subsection (2B).

[F38(2B)The requirements are that the person—

(a)is under 18 years of age and is, or has been, a child who is looked after by a local authority, or

(b)is being kept in secure accommodation.]

F39(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)In subsection (2B)—

(a)the reference to a child who is looked after by a local authority has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 1) (see section 74);

(b)“secure accommodation” means accommodation [F40in the United Kingdom provided for the purpose of lawfully restricting the liberty of persons under the age of 18, other than a penal institution within the meaning given in section 3(2)(b)]].

(3)A declaration of local connection shall state—

(a)the name of the declarant and either—

(i)an address to which correspondence for him from either the registration officer concerned or the returning officer can be delivered, or

(ii)that he is willing to collect such correspondence periodically from the registration officer’s office;

(b)the date of the declaration;

(c)that on the date of the declaration the declarant falls into one of the categories of persons to whom this section applies, specifying—

(i)the category in question, and

(ii)(in the case of a person falling within subsection (2)(a) or (b) above) the name and address of the mental hospital at which he is a patient or (as the case may be) of the place at which he is detained;

(d)the required address (as defined by subsection (4) below);

(e)that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or (if the declaration is made for the purposes only of local government elections ) a relevant citizen of the Union [F41or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen];

(f)whether the declarant has on the date of the declaration attained the age of 18 years, and, if he has not, the date of his birth.

(4)For the purposes of this section “the required address” is—

(a)in the case of a person falling within subsection (2)(a) or (b) above—

(i)the address in the United Kingdom where he would be residing if he were not such a patient, or detained, as mentioned in that provision, or

(ii)if he cannot give such an address, an address in the United Kingdom at which he has resided;

(b)in the case of a homeless person, the address of, or which is nearest to, a place in the United Kingdom where he commonly spends a substantial part of his time (whether during the day or at night);

[F42(c)in the case of a person falling within subsection (2A), any of the following—

(i)an address in Wales at which the person has previously been resident, or

(ii)an address used by a council of a county or county borough in Wales in which the person has previously been resident.]

F43(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period—

(a)beginning with the date when a vacancy occurs—

(i)in the seat for the parliamentary constituency within which the required address falls, or

(ii)in the seat for any Scottish Parliament constituency or National Assembly for Wales constituency within which it falls, and

(b)ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the M17Scotland Act 1998 or [F44section 10 of the Government of Wales Act 2006], held in respect of that vacancy,

the declaration must state that, during the period of three months ending on the date of the declaration, the declarant has commonly been spending a substantial part of his time (whether during the day or at night) at, or near, the required address.

(7)No declaration of local connection shall be specially made by a person for the purposes of local government elections, and any such declaration made for the purposes of parliamentary elections shall have effect also for the purposes of local government elections; but—

(a)a declaration of local connection may be made for the purposes only of local government elections by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or by a relevant citizen of the Union; and

(b)where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other declarations of local connection.

[F45(7A)Despite anything in subsection (7), in relation to Wales, a relevant declaration made by a person has effect only for the person's registration as a local government elector.

(7B)In subsection (7A) a “relevant declaration” means—

(a)a declaration of local connection made by virtue of subsection (2A);

(b)a declaration of local connection made by a qualifying foreign citizen;

(c)any other declaration of local connection made by a person who, on the date on which the declaration is made, is—

(i)under the age of 17, and

(ii)not entitled to be registered in the register of parliamentary electors.

(7C)A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.]

(8)If a person—

(a)makes a declaration of local connection stating more than one address under subsection (3)(d) above, or

(b)makes more than one declaration of local connection bearing the same date and stating different addresses under that provision,

the declaration or declarations shall be void.

(9)A declaration of local connection may be cancelled at any time by the declarant.

(10)A declaration of local connection shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.]

Extent Information

E2This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F35Ss. 7B, 7C inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F36S. 7B(2A)-(2D) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 19(2), 42(3)(a)

F41Words in s. 7B(3)(e) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 19(3), 42(3)(a)

F42S. 7B(4)(c) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 19(4), 42(3)(a)

F44Words in s. 7B(6)(b) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 17

F45S. 7B(7A)-(7C) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 19(5), 42(3)(a)

Modifications etc. (not altering text)

C58S. 7B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C59Ss. 7-7C extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 paras. 3(4), 4(2); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5)))

Marginal Citations

[F15437B Notional residence: declarations of local connection.S

(1)A declaration under this section (“a declaration of local connection”)—

(a)may be made only by a person to whom this section applies, but

(b)may be made by such a person despite the fact that by reason of his age he is not entitled to vote.

(2)This section applies to any person who on the date when he makes such a declaration is—

(a)a person to whom section 7 above applies and who would not be entitled to be registered by virtue of residence at any place other than the mental hospital (within the meaning of that section) at which he is a patient, or

(b)a person to whom section 7A applies and who would not be entitled to be registered by virtue of residence at any place other than the place at which he is detained as mentioned in subsection (1) of that section, or

(c)a person who does not fall within paragraph (a) or (b) above (and is not otherwise in legal custody) and who is not, for the purposes of section 4 above, resident at any address in the United Kingdom (a “homeless person”).

[F1544(2A)In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

(a)is under the age of 16,

(b)does not fall within any of paragraphs (a) to (c) of subsection (2), and

(c)meets either of the requirements specified in subsection (2B).

(2B)The requirements are that—

(a)the person is, or has been, a child looked after by a local authority, or

(b)the person is being kept in secure accommodation.

(2C)For the purposes of subsection (2B)—

(a)the reference to a child looked after by a local authority is to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995 (duty of local authorities in relation to looked after children), and

(b)“secure accommodation” means accommodation provided, for the purpose of restricting the liberty of children, in an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) that—

(i)provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968, and

(ii)is approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (regulations in relation to care services).]

[F1545(2D)In relation to the registration of local government electors in Scotland, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)—

(a)is a convicted person to whom section 3(1A) applies, and

(b)would not be entitled to be registered by virtue of residence at any place other than the penal institution in which the convicted person is detained.]

(3)A declaration of local connection shall state—

(a)the name of the declarant and either—

(i)an address to which correspondence for him from either the registration officer concerned or the returning officer can be delivered, or

(ii)that he is willing to collect such correspondence periodically from the registration officer’s office;

(b)the date of the declaration;

(c)that on the date of the declaration the declarant falls into one of the categories of persons to whom this section applies, specifying—

(i)the category in question, and

(ii)(in the case of a person falling within subsection (2)(a) or (b) above) the name and address of the mental hospital at which he is a patient or (as the case may be) of the place at which he is detained;

(d)the required address (as defined by subsection (4) below);

(e)that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or (if the declaration is made for the purposes only of local government elections [F1546other than in Scotland]) a relevant citizen of the Union [F1547or (if the declaration is made for the purposes only of the registration of local government electors in Scotland) a qualifying foreign national];

(f)whether the declarant has on the date of the declaration attained the age of 18 years, and, if he has not, the date of his birth.

(4)For the purposes of this section “the required address” is—

(a)in the case of a person falling within subsection (2)(a) or (b) above—

(i)the address in the United Kingdom where he would be residing if he were not such a patient, or detained, as mentioned in that provision, or

(ii)if he cannot give such an address, an address in the United Kingdom at which he has resided;

(b)in the case of a homeless person, the address of, or which is nearest to, a place in the United Kingdom where he commonly spends a substantial part of his time (whether during the day or at night);

[F1548(c)in the case of a person falling within subsection (2A), any address in Scotland at which the person has previously been resident.]

[F1549(d)in the case of a convicted person falling within subsection (2D)—

(i)the address in Scotland where the convicted person would be residing but for the person's detention,

(ii)if the convicted person cannot give an address under sub-paragraph (i), the address in Scotland at which the person was resident immediately before the person's detention (but not the address of a penal institution) or, if the person was homeless at that time, the address of, or which is nearest to, a place in Scotland where the person commonly spent a substantial part of the person's time (whether during the day or at night), or

(iii)if the convicted person cannot give an address under sub-paragraph (i) or (ii) (or can only give an address at which the person would be prevented from residing because of an order of any court), the address of the penal institution at which the convicted person is detained unless the person has a home outwith Scotland or would otherwise not be resident in Scotland but for the person's detention.]

F1550(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where a declaration of local connection made by a homeless person is delivered to the registration officer concerned during the period—

(a)beginning with the date when a vacancy occurs—

(i)in the seat for the parliamentary constituency within which the required address falls, or

(ii)in the seat for any Scottish Parliament constituency or National Assembly for Wales constituency within which it falls, and

(b)ending on the final nomination day (within the meaning of section 13B below) for the parliamentary by-election, or (as the case may be) the election under section 9 of the M91Scotland Act 1998 or [F1551section 10 of the Government of Wales Act 2006], held in respect of that vacancy,

the declaration must state that, during the period of three months ending on the date of the declaration, the declarant has commonly been spending a substantial part of his time (whether during the day or at night) at, or near, the required address.

(7)No declaration of local connection shall be specially made by a person for the purposes of local government elections, and any such declaration made for the purposes of parliamentary elections shall have effect also for the purposes of local government elections; but—

(a)a declaration of local connection may be made for the purposes only of local government elections by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or by a relevant citizen of the Union; and

(b)where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other declarations of local connection.

[F1552(7A)Despite anything in subsection (7), in relation to Scotland, a relevant declaration made by a person has effect only for the purposes of the person's registration as a local government elector.

(7B)In subsection (7A), “relevant declaration” means—

(a)a declaration of local connection made by virtue of subsection (2A),

[F1553(aa)a declaration of local connection made by virtue of subsection (2D),]

[F1554(ab)a declaration of local connection made by a qualifying foreign national,]

(b)any other declaration of local connection made by a person who, on the date on which the declaration is made, is—

(i)under the age of 17, and

(ii)not entitled to be registered in the register of parliamentary electors.

(7C)A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.]

(8)If a person—

(a)makes a declaration of local connection stating more than one address under subsection (3)(d) above, or

(b)makes more than one declaration of local connection bearing the same date and stating different addresses under that provision,

the declaration or declarations shall be void.

(9)A declaration of local connection may be cancelled at any time by the declarant.

(10)A declaration of local connection shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.]

Extent Information

E12This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F1543Ss. 7B, 7C inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F1551Words in s. 7B(6)(b) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 17

Modifications etc. (not altering text)

C1683S. 7B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C1685S. 7B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

Marginal Citations

F467C Effect of declaration of local connection.U.K.

(1)Where a person’s declaration of local connection is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—

(a)resident on the date of the declaration at the address stated in it in accordance with section 7B(3)(d) above; F47...

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person registered in a register of electors in pursuance of a declaration of local connection is entitled to remain so registered until—

(a)the end of the period of 12 months beginning with the date when the entry in the register first takes effect,

[F48(aa)the registration officer determines in accordance with regulations that the person was not entitled to be registered,]

[F49(ab)the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person,]

(b)the declaration is cancelled under section 7B(9) above, or

(c)another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a declaration of local connection),

whichever first occurs.

(3)Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further declaration of local connection.

(4)This section shall not be taken as precluding the registration of a person falling within section 7B(2)(a) or (b) above in pursuance of an application made by virtue of section 7(2) or 7A(2) above.

Textual Amendments

F46Ss. 7B, 7C inserted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F48S. 7C(2)(aa) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions and savings in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F49S. 7C(2)(ab) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 4 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C61S. 7C extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(4); S.I. 2001/116, art. 2(1), (with art. 2(3)-(5)))

S. 7C applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C62S. 7C applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

Registration of parliamentary and local government electorsU.K.

8 Registration officers.U.K.

(1)For the registration of electors there shall be electoral registration officers (in this Act referred to as “registration officers”).

(2)In England F50. . .—

(a)the council of every district and London borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the district or borough, and

[F51(b)in relation to any constituency part of which consists of some or all of the area of the City and the Inner and Middle Temples, the Common Council shall appoint an officer to be registration officer for that part of the constituency.]

[F52(2A)In Wales, the council of every county or county borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the area of the council.]

[F53(3)In Scotland, every local authority shall appoint an officer of the authority for their area or for any adjoining area, or an officer appointed by any combination of local authorities, to be registration officer for any constituency or part of a constituency which is situated within their area.]

(4)In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the registration officer for each constituency.

Textual Amendments

F53S. 8(3) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 130(2); S.I. 1996/323, art. 4(b)(c)

Modifications etc. (not altering text)

C64S. 8(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 D1

[F549 Registers of electors.U.K.

(1)Each registration officer shall maintain—

(a)a register of parliamentary electors for each constituency or part of a constituency in the area for which he acts; and

(b)a register of local government electors for the local government areas or parts of local government areas included in the area for which he acts.

(2)[F55Subject to any other provision of this Act, each register] shall contain—

[F56(a)the names of persons who appear to the registration officer to be entitled to be registered in it and in respect of whom a successful application for registration has been made;]

(b)(subject to any prescribed exceptions) the qualifying addresses of the persons registered in it; and

(c)in relation to each such person, that person’s electoral number.

(3)A person’s electoral number is such number (with or without any letters) as is for the time being allocated by the registration officer to that person as his electoral number for the purposes of the register in question.

(4)Electoral numbers shall be allocated by a registration officer in such a way as to ensure, so far as is reasonably practicable, that in each separate part of a register the numbers run consecutively.

(5)The registers of parliamentary electors and of local government electors shall so far as practicable be combined, the [F57entries] of persons registered only as parliamentary electors or local government electors being marked to indicate that fact.

[F58(5A)In relation to the registration of local government electors in Scotland, the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18.]

[F59(5A)In relation to the registration of local government electors in Wales—

(a)the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18;

(b)the entry in the combined registers of any person who is registered only as a local government elector by virtue of section 4(3A) of this Act must give an indication of that fact.]

F60(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where under this section two or more registration officers maintain registers of parliamentary electors in respect of different parts of the same constituency, then in relation to that constituency any reference in this Act (whether express or implied) to the register of parliamentary electors for a constituency shall be read—

(a)as a reference to one of those registers, or

(b)in relation to one of those registration officers, as the register maintained by him,

as the context may require.

(8)In this Act—

(a)any reference, in relation to a registration officer, to “his” registers is a reference to the registers maintained by him under this section; and

(b)“qualifying address”, in relation to a person registered in a register of electors, is the address in respect of which he is entitled to be so registered.]

Textual Amendments

F54S. 9 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 3; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F55Words in s. 9(2) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 5(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F56S. 9(2)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 5(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F57Word in s. 9(5) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 4(3); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions and savings in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F59S. 9(5A) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 23, 42(3)(a)

F60S. 9(6) omitted (13.5.2014) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 18(1)(b), 28(4) (previously repealed (E.W.S.) (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 9(2), 74(2), 77, Sch. 2; S.I. 2006/1972, art. 3, Sch. 1 paras. 1, 26(2))

Modifications etc. (not altering text)

C65S. 9 extended (with modifications) (N.I.) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42) ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5)))

C66S. 9 applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 9 applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/1184, reg. 13(3)(4), Sch. 4 Pt. I

C68S. 9(2)(3)(4)(7)(8) applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C69S. 9(2) amendment by 2006 c. 22, Sch. 1 para. 4(2) extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2)

C70S. 9(2)(b) excluded (E.W.) (16.2.2001) by S.I. 2001/341, reg. 40(1)

S. 9(2)(b) excluded (S.) (16.2.2001) by S.I. 2001/497, reg. 40(1)

C72S. 9(2)(3)(4)(7)(8) applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I

[F619ARegistration officers: duty to take necessary stepsU.K.

(1)Each registration officer must take all steps that are necessary for the purpose of complying with his duty to maintain the registers under section 9 above [F62and [F63—

(a)in the case of a registration officer in Great Britain, for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it, and

(b)in the case of the Chief Electoral Officer for Northern Ireland, for the purpose of meeting the relevant registration objectives].]

(2)The steps include—

[F64(za)for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England [F65or in Scotland] [F66or Wales], sending to any address at least one communication to be used for the canvass under section 9D below;]

[F67(zb)for the purposes of a register maintained by the Chief Electoral Officer for Northern Ireland under section 9—

(i)no earlier than 1 July in a year in which a canvass under section 10 is conducted, sending to any address a notice that includes the following information—

(aa)details of the canvass, including any time by which the form to be used for the purposes of the canvass is to be submitted,

(bb)an invitation to submit that form through the UK digital service, and

(cc)instructions on how to do so;

(ii)at any time after sending the notices under sub-paragraph (i), sending the form to be used for the purposes of the canvass to any non-responding registered person;]

F68(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)making on one or more occasions house to house inquiries under [F69section 9D(5) or 10(5)];

[F70(ba)for the purposes of a register of parliamentary electors in Great Britain, or a register of local government electors in England [F71or in Scotland] [F72or in Wales], making on one or more occasions contact with persons by telephone;]

(c)making contact by such other means as the registration officer thinks appropriate with persons who do not have an entry in a register;

(d)inspecting any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law;

(e)providing training to persons under his direction or control in connection with the carrying out of the duty.

[F73(2A)In relation to the registration of local government electors in Scotland, subsections (1) and (2)(b) do not require a registration officer to make house to house inquiries in relation to any person under the age of 16.]

[F74(2A)In relation to the registration of local government electors in Wales, subsections (1) and (2)(b) do not require a registration officer to make house to house inquires in relation to any person under the age of 16.]

(3)Regulations made by the Secretary of State may amend subsection (2) by—

(a)varying any of the paragraphs in that subsection;

(b)inserting any paragraph;

(c)repealing any paragraph.]

[F75(4)In this section—

  • “non-responding registered person”, in relation to a canvass, means a person who—

    (a)

    is registered in a register in respect of an address in Northern Ireland, and

    (b)

    has not responded to the canvass;

  • “the UK digital service” has the same meaning as in section 10ZF below, and references to submitting a form through the UK digital service shall be construed in accordance with subsection (4) of that section.]

Extent Information

Textual Amendments

F61S. 9A inserted (E.W.S.) (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 9(1), 77; S.I. 2006/1972, art. 3, Sch. 1 para. 1 (subject to transitional provisions in art. 4, Sch. 2)

F62Words in s. 9A(1) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 6(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F63Words in s. 9A(1) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 18(3)(a), 28(4)(5)

F69Words in s. 9A(2)(b) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 18(3)(c), 28(4)(5)

F74S. 9A(2A) inserted (E.W.) (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 13(1), 42(3)(a)

Modifications etc. (not altering text)

C73S. 9A applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

[F769BAnonymous registrationU.K.

[F77(1)An application under this section (an application for an anonymous entry) may be made—

(a)by any person, in conjunction with an application for registration under section 10ZC [F78or 10A(1)(a)], or

(b)by a person who already has an anonymous entry, for the purposes of remaining registered with such an entry (see section 9C(3)).

(1A)An application for an anonymous entry must be made in accordance with prescribed requirements and must be accompanied by—

(a)a declaration made in accordance with prescribed requirements, and

(b)such evidence in support as may be prescribed.

(2)A registration officer who receives an application for an anonymous entry must determine whether the safety test is satisfied (unless, in the case of an application under subsection (1)(a), the person's application for registration has been rejected otherwise than by virtue of this section).]

(3)If the registration officer determines that the safety test is satisfied—

(a)section 9(2) above does not apply in relation to the person; and

(b)the person's entry in the register shall instead contain letters in the prescribed form and his electoral number.

(4)An entry containing the matters mentioned in subsection (3)(b) above is referred to in this Act as an anonymous entry.

(5)If an anonymous entry is made in respect of a person [F79as the result of an application under subsection (1)(a)], the registration officer shall remove any other entry in the register for that person.

[F80(6)If a person makes an application under subsection (1)(a) and the registration officer determines that the safety test is not satisfied, no entry is to be made in the register as a result of the person's application under section 10ZC [F81or 10A(1)(a)] (whether an anonymous entry or otherwise).]

(7)Subsection (6) above does not affect—

(a)any other entry in the register for the person;

(b)the determination of any further application for registration which is made by the person [F82(including an application which is treated as having been made by him by virtue of section 10A(2) below)] F83...

(8)Any communication sent by a registration officer or the returning officer for any election to a person who has an anonymous entry (A) must be sent in an envelope or other form of covering so as not to disclose to any other person that A has an anonymous entry.

(9)[F84Subsection (8) does not apply to a communication relating only to a local government election in Scotland.]

(10)The safety test is satisfied if the safety of the applicant for an anonymous entry or that of any other person of the same household would be at risk if the register contains the name of the applicant or his qualifying address.

(11)In this section, “determines” means determines in accordance with regulations.

Extent Information

E4S. 9B: the extent of this provision is changed to E.W.S.N.I. at 15.9.2014 as a result of its extension to N.I. by S.I. 2014/1116, art. 2(1)

Textual Amendments

F76Ss. 9B, 9C inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 1 (subject to transitional provisions in art. 6, Sch. 2)

F77S. 9B(1)(1A)(2) substituted for s. 9B(1)(2) (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F79Words in s. 9B(5) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F80S. 9B(6) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(4) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F83Words in s. 9B(7)(b) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 7(5) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C75S. 9B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

9CRemoval of anonymous entryE+W+S

(1)If a person has an anonymous entry in a register [F85maintained by a registration officer in Great Britain], his entitlement to remain registered F86... terminates—

(a)at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

(b)if the declaration made for the purposes of section 9B is cancelled at any time before the expiry of that 12 month period, at the time when the declaration is cancelled.

[F87(1A)If a person (“P”) has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, P’s entitlement to remain registered terminates at the end of such period of five years or less beginning with the relevant date, as that officer determines in relation to P.

(1B)But if, at any time before the expiry of the period determined under subsection (1A)—

(a)the declaration made for the purposes of section 9B is cancelled, or

(b)the Chief Electoral Officer determines that the safety test is no longer satisfied,

P’s entitlement to remain registered terminates at that time.

(1C)In subsection (1A) “the relevant date” means—

(a)where P’s anonymous entry is the result of an application under section 9B(1)(a), the date when P’s entry in the register first takes effect; or

(b)where P’s anonymous entry is the result of an application under section 9B(1)(b), the date when the Chief Electoral Officer determines under section 9B(2) that the safety test is satisfied.

(1D)Subsection 9B(10) (meaning of “safety test”) applies for the purposes of subsection (1B) (treating references to the applicant for an anonymous entry as references to P).

(1E)A determination under subsection (1A) or (1B) must be made in accordance with regulations.]

(2)[F88This section] does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before [F89the time at which it would terminate under this section.]

(3)If a person's entitlement to remain registered terminates by virtue of [F90this section], the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of F91... a further application under section 9B.]

Extent Information

E5S. 9C: the extent of this provision is changed to E.W.S.N.I. at 15.9.2014 as a result of its extension to N.I. by S.I. 2014/1116, art. 2(1)

Textual Amendments

F76Ss. 9B, 9C inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 1 (subject to transitional provisions in art. 6, Sch. 2)

F86Words in s. 9C(1) omitted (10.6.2014 for E.W., 15.9.2014 for N.I.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 8(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F91Words in s. 9C(3) omitted (10.6.2014 for E.W., 15.9.2014 for N.I.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 8(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C79S. 9C applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C80S. 9C applied (with modifications) by The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184), reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.; and as amended (15.9.2014) by S.I. 2014/1803, regs. 1(1), 8(2)(b))

[F929DMaintenance of registers: duty to conduct canvass in Great BritainU.K.

(1)Each registration officer in Great Britain must conduct an annual canvass in relation to the area for which the officer acts.

(2)The purpose of the canvass is to ascertain—

(a)the names and addresses of persons who are entitled to be registered in a register maintained by the officer but who are not registered;

(b)those persons who are registered in such a register but who are not entitled to be registered.

(3)The canvass is to be conducted in a manner to be set out in regulations.

(4)The regulations may confer functions on the Electoral Commission (for example, the Commission may be required to design a canvass form [F93or, except for the purposes of a register of local government electors in [F94Scotland [F95or] Wales], one or more canvass communications]).

(5)A registration officer may make house to house inquiries for the purposes of the canvass, for example—

(a)to obtain information before sending out a canvass form [F96or communication],

[F97(aa)except for the purposes of a register of local government electors in [F98Scotland [F99or] Wales], to obtain the information required by a canvass form,]

(b)to supplement information provided on a canvass form [F100or communication], or

(c)to obtain information where no canvass form [F101or communication] is returned.

(6)Nothing in this section applies in relation to—

(a)the registration of persons in respect of residence in penal institutions (within the meaning of section 3) or mental hospitals (within the meaning of section 7) or other places at which persons to whom section 7A applies may be detained,

(b)the registration of persons in pursuance of declarations of local connection, service declarations or overseas electors' declarations, or

(c)the registration of persons with anonymous entries in the register.]

Textual Amendments

F92S. 9D inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 4, 27(1) (with Sch. 5); S.I. 2014/414, art. 5(d); S.I. 2014/2439, art. 2(c)

Modifications etc. (not altering text)

C81S. 9D: power to modify conferred (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 7(2), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(f); S.I. 2014/2439, art. 2(e)

C83S. 9D(3) excluded (temp. until 6.7.2018) (E.W.) (30.6.2017) by The Electoral Registration Pilot Scheme (England and Wales) Order 2017 (S.I. 2017/610), arts. 1(1), 4

C84S. 9D(3) excluded (temp. until 6.7.2018) (S.) (30.6.2017) by The Electoral Registration Pilot Scheme (Scotland) Order 2017 (S.I. 2017/605), arts. 1(1), 4

[F1029EMaintenance of registers: invitations to register in Great BritainU.K.

(1)A registration officer in Great Britain must give a person an invitation to apply for registration in a register maintained by the officer if—

(a)the officer is aware of the person's name and address,

(b)the person is not registered in the register, and

(c)the officer has reason to believe that the person may be entitled to be registered in the register.

(2)Regulations may make provision about invitations under subsection (1), including—

(a)provision about the form and contents of invitations;

(b)provision about the giving of invitations (for example, provision about the manner in which they must be given or how often they must be given);

(c)provision requiring invitations to be accompanied by, or combined with, application forms or other documents (including partially completed application forms).

(3)Regulations under subsection (2) may confer functions on the Electoral Commission (for example, the Commission may be required to design an invitation).

(4)A registration officer who gives a person an invitation under subsection (1) may subsequently require the person to make an application for registration by a specified date.

(5)A requirement under subsection (4) is of no effect if the person is not entitled to be registered.

(6)Regulations—

(a)may make provision about requirements under subsection (4) (including provision for them to be cancelled in specified circumstances);

(b)may specify steps that a registration officer must take before imposing a requirement.

(7)A registration officer may impose a civil penalty on a person who fails to comply with a requirement imposed by the officer under subsection (4).

[F103(7A)In relation to the registration of local government electors in Scotland, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed.]

[F104(7A)In relation to the registration of local government electors in Wales, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed.]

(8)For more about civil penalties under this section, see Schedule ZA1.]

Textual Amendments

F102S. 9E inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 5(1), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(e); S.I. 2014/2439, art. 2(d)

[F10710 Maintenance of registers: [F105duty to conduct canvass] [F106in Northern Ireland].U.K.

F108(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F109(1A)The Chief Electoral Officer for Northern Ireland must conduct a canvass in Northern Ireland in such years as are determined in accordance with section 10ZA.]

(2)The canvass [F110under subsection F111... (1A)] shall be conducted by reference to residence on 15th October in [F112the year in which it is conducted].

(3)A canvass [F113under this section] shall not, however, be concerned with—

(a)the registration of persons in respect of residence in penal institutions (within the meaning of section 3 above) or mental hospitals (within the meaning of section 7 above) or other places at which persons to whom section 7A above applies may be detained; or

(b)the registration of persons in pursuance of—

(i)declarations of local connection,

(ii)service declarations, or

(iii)overseas electors’ declarations[F114; or

(c)the registration of persons with anonymous entries in the register.]

[F115(4)The form to be used for the purposes of a canvass under this section must [F116comply with such requirements as to its form or content as shall be prescribed by the Secretary of State after having consulted the Electoral Commission].]

[F117(4A)Subject to [F118subsections (4B) and (4BZA)] below, the information to be obtained by the use of such a form F119... shall include—

(a)the signature of each of the persons in relation to whom the form is completed;

(b)the date of birth of each such person; and

(c)in relation to each such person—

(i)his national insurance number or a statement that he does not have one,

F120(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii)any address in the United Kingdom in respect of which he is or has applied to be registered (other than the address in respect of which the form is completed),

and the power in subsection (4) above to [F121prescribe requirements] includes power to give effect to the requirements of this subsection.

(4B)The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (4A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of [F122blindness or any other disability] of his or because he is unable to read.]

[F123(4BZA)The requirement mentioned in subsection (4A)(a) above does not apply to forms that are submitted through the UK digital service.]

[F124(4BA)If requested to do so by the Secretary State for the purposes of making regulations under subsection (4), the Electoral Commission must design a form for the purposes of a canvass under this section.]

(5)In connection with a canvass [F125under this section the Chief Electoral Officer for Northern Ireland] may, for the purpose of—

(a)supplementing the information obtained by the use of any such form, or

(b)where any such form has not been returned, obtaining any information designed to be obtained by the use of the form,

make such house to house inquiries as he thinks fit.

(6)On the conclusion of a canvass [F126under this section the Chief Electoral Officer for Northern Ireland] shall make such alterations in his registers as fall to be made in accordance with section 10A below as a result of the canvass.

[F127(7)In this section—

  • “residence” means residence for the purposes of section 4 above;

  • “the UK digital service” has the same meaning as in section 10ZF below, and references to submitting a form through the UK digital service shall be construed in accordance with subsection (4) of that section.]]

Textual Amendments

F106Words in s. 10 heading inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(9) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F107Ss. 10, 10A substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 10 by 2000 c. 2, s. 8(a), Sch. 1 para. 4; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F108S. 10(1) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F111Words in s. 10(2) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F113Words in s. 10(3) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(4)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F114S. 10(3)(c) and preceding word inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10(2), 77, Sch. 1 para. 5; S.I. 2006/3412, art. 3, Sch. 1 para. 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F115S. 10(4) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(5) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F116Words in s. 10(4) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 13(1)(a), 28(4) (with s. 13(3)(a)(b))

F119Words in s. 10(4A) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(6) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F122Words in s. 10(4B) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 105; S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316), {arts. 2(2)}, 4

F125Words in s. 10(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(7) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F126Words in s. 10(6) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 9(8) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C85Ss. 10-11 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C86S. 10 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

[F12810ZANorthern Ireland: timing of canvassU.K.

(1)A canvass under section 10(1A) must be conducted in—

(a)the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply;

[F129(aa)the year 2021;

(ab)the year 2030;]

(b)every tenth year following [F1302030].

(2)A canvass under section 10(1A) must be conducted in an intervening year if—

(a)on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and

(b)the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose.

(3)If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016.

(4)“Intervening year” means a year other than—

(a)2010,

F131(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if no canvass under section 10(1A) is conducted before the end of 2015, 2016,

[F132(d)2021,

(e)2030, and

(f)every tenth year following 2030.]

(5)The Secretary of State may not make an order under subsection (1)(a) unless—

(a)on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and

(b)the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose.

(6)The power to make an order under subsection (1)(a) is exercisable by statutory instrument.

(7)No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(8)“Recommendation” means a written recommendation to the Secretary of State.]

Textual Amendments

F129S. 10ZA(1)(aa)(ab) inserted (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 64(2)(a), 87(1)

F130Word in s. 10ZA(1)(b) substituted (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 64(2)(b), 87(1)

F131S. 10ZA(4)(b) and following word omitted (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), ss. 64(3)(a), 87(1)

F132S. 10ZA(4)(d)-(f) inserted (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 64(3)(b), 87(1)

Modifications etc. (not altering text)

C88S. 10ZA extended (Northern Ireland) (with modifications) (1.12.2006) by 1989 c. 3, Sch. 1 (as amended by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 7(2)(a); S.I. 2006/2688, art. 3(2)(c))

[F13310ZBThe relevant registration objectives (Northern Ireland)U.K.

(1)The relevant registration objectives are to secure, so far as reasonably practicable—

(a)that every person who is entitled to be registered in a register is registered in it,

(b)that no person who is not entitled to be registered in a register is registered in it, and

(c)that none of the required information relating to any person registered in a register is false.

(2)But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded.

(3)“Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9.

(4)“The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)—

(a)the person's name;

(b)the person's qualifying address;

(c)the person's date of birth;

(d)subject to [F134subsection (5)], the person's signature;

(e)the person's national insurance number or a statement that he does not have one.

(5)The required information does not include the person's signature if—

(a)the Chief Electoral Officer has dispensed with the requirement to provide a signature, F135... [F136or]

[F137(aa)the registration was made following an application for registration submitted through the UK digital service.]

F135(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)“False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be.

[F139(7A)In subsection (5)(aa), “the UK digital service” has the same meaning as in section 10ZF, and the reference to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

F140(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

Modifications etc. (not altering text)

C89S. 10ZB extended (Northern Ireland) (with modifications) (1.12.2006) by 1989 c. 3, Sch. 1 (as amended by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 7(2)(a); S.I. 2006/2688, art. 3(2)(c))

[F14110ZCRegistration of electors in Great BritainU.K.

(1)A registration officer in Great Britain must enter a person (“P”) in a register maintained by the officer if—

(a)an application for registration is made by someone who appears to the officer to be P,

(b)any requirements imposed by or under this Act in relation to the application are met, and

(c)P appears to the officer to be entitled to be registered in the register.

(2)In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.

(3)Regulations may make provision about the procedure for determining applications under this section.

[F142(4)The power to make regulations under [F143this section—

(a)so far as] it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister[F144, and

(b)so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister].

(5)The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

(a)the power is not exercisable without the agreement of a Minister of the Crown, and

(b)regulations made in exercise of the power are subject to the negative procedure.

[F145(5A)The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.

(5B)A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(6)In this section—

  • “election in Scotland” means—

    (a)

    an election for membership of the Scottish Parliament, or

    (b)

    a local government election in Scotland;

  • [F146“election in Wales” means—

    (a)

    an election of Assembly members, or

    (b)

    a local government election in Wales;]

  • “UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors.]]

Textual Amendments

F141S. 10ZC inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 1(1), 27(1) (with Sch. 5); S.I. 2014/414, art. 5(a); S.I. 2014/2439, art. 2(a)

F142S. 10ZC(4)-(6) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 6(2), 72(4)(a); S.I. 2017/608, reg. 2(1)(d)

F143Words in s. 10ZC(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F144S. 10ZC(4)(b) and preceding word inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(2)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F145S. 10ZC(5A)(5B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F146Words in s. 10ZC(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

[F14710ZDRegistration of electors in Great Britain: alterationsU.K.

(1)A registration officer in Great Britain must alter the name or address in respect of which a person (“P”) is registered in a register maintained by the officer if—

(a)an application for alteration is made by someone who appears to the officer to be P,

(b)any requirements imposed by or under this Act in relation to the application are met, and

(c)P appears to the officer to be entitled to be registered in the register in respect of the new name or the new address (as the case may be).

(2)In determining an application under this section, the officer must consider any objection made in accordance with the prescribed requirements by another person whose name appears in the register.

(3)Regulations may make provision about the procedure for determining applications under this section.

[F148(4)The power to make regulations under [F149this section—

(a)so far as] it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister[F150, and

(b)so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister].

(5)The power of the Scottish Ministers to make regulations by virtue of subsection (4) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

(a)the power is not exercisable without the agreement of a Minister of the Crown, and

(b)regulations made in exercise of the power are subject to the negative procedure.

[F151(5A)The power of the Welsh Ministers to make regulations by virtue of subsection (4) is not exercisable without the agreement of a Minister of the Crown.

(5B)A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(6)In this section “election in Scotland”[F152, “election in Wales”] and “UK digital service” have the same meaning as in section 10ZC.]]

Textual Amendments

F148S. 10ZD(4)-(6) inserted (18.5.2017) by Scotland Act 2016 (c. 11), ss. 6(3), 72(4)(a); S.I. 2017/608, reg. 2(1)(d)

F149Words in s. 10ZD(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(6)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F150S. 10ZD(4)(b) and preceding word inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(6)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F151S. 10ZD(5A)(5B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(7), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F152Words in s. 10ZD(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 7(8), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

[F14710ZERemoval of electors in Great Britain from registerU.K.

(1)Where a person is entered in a register in respect of an address in Great Britain, the person is entitled to remain registered until the registration officer concerned determines that—

(a)the person was not entitled to be registered in respect of the address,

(b)the person has ceased to be resident at the address or has otherwise ceased to satisfy the conditions for registration set out in section 4, or

(c)the person was registered as the result of an application under section 10ZC made by some other person or the person's entry has been altered as the result of an application under section 10ZD made by some other person.

(2)Where a person's entitlement to remain registered terminates by virtue of subsection (1), the officer must remove the person's entry from the register.

(3)A registration officer may make house to house inquiries for the purpose of deciding whether or not to make a determination under subsection (1).

(4)Regulations may make provision about the procedure for making determinations under subsection (1), which may include provision requiring an officer to take prescribed steps before making a determination.

(5)A registration officer in Great Britain must consider whether to make a determination under subsection (1) if the officer—

(a)receives an objection to a person's registration in a register maintained by the officer, or

(b)otherwise becomes aware of information that causes the officer to suspect that a condition in subsection (1)(a) to (c) may be met in relation to a person's entry in such a register.

(6)Subsection (5)(a)—

(a)applies only if the objection to the person's registration is made in accordance with the prescribed requirements by someone whose name appears in the register, and

(b)does not apply if the person has an anonymous entry in the register.

(7)Nothing in this section applies in relation to the registration of persons in pursuance of—

(a)applications for registration made by virtue of section 7(2) or 7A(2), or

(b)declarations of local connection, service declarations or overseas electors' declarations.

(8)In this section “resident” means resident for the purposes of section 4.]

Textual Amendments

[F15310ZF.Digital registration [F154and canvass] in Northern IrelandU.K.

(1)The Minister of the Crown responsible for providing the UK digital service shall have the following functions in connection with providing that service—

[F155(a)acting as an intermediary for the purposes of the receipt of—

(i)online canvass forms, and

(ii)online applications for registration,

in respect of addresses in Northern Ireland on behalf of the Chief Electoral Officer for Northern Ireland;]

(b)the transmission of such [F156forms or] applications to the Chief Electoral Officer.

(2)Where it is possible for electronic communications or electronic storage to be used for any of the purposes specified in subsection (3), such communication or storage may, subject to any enactment (including any conditions imposed by any enactment), be used instead of any other form of communication or storage.

(3)The purposes are—

(a)the exercise by the Minister of the Crown responsible for providing the UK digital service of any function conferred on the Minister—

(i)by subsection (1), or

(ii)under paragraph 1A of Schedule 2 in connection with applications for registration in respect of addresses in Northern Ireland;

(b)anything done through the UK digital service in connection with an application for registration in respect of an address in Northern Ireland.

(4)In this section—

  • “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

  • “enactment” includes subordinate legislation;

  • “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and the reference in subsection (3)(b) to anything done through the UK digital service shall be read as a reference to anything done using that service as an intermediary.]

Textual Amendments

F15810AMaintenance of the registers: registration of electors [F157in Northern Ireland].U.K.

(1)[F159The Chief Electoral Officer for Northern Ireland] shall determine all applications for registration which are—

(a)made to him in accordance with the prescribed requirements, or

(b)treated as made to him by virtue of subsection (2) below.

[F160(1ZA)A person who makes an application for registration in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

(a)residence determined in accordance with section 6 (residence: merchant seamen),

(b)a declaration of local connection, or

(c)an overseas elector’s declaration.]

[F161(1A)Subject to [F162subsections (1B) and (1C)] below, an application for registration in respect of an address in Northern Ireland shall include—

(a)the signature of each of the persons to whom the application relates;

(b)the date of birth of each such person; and

(c)in relation to each such person—

(i)his national insurance number or a statement that he does not have one,

F163(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii)any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1) above to prescribe requirements includes power to give effect to the requirements of this subsection.

(1B)The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (1A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of [F164blindness or any other disability] of his or because he is unable to read.]

[F165(1C)The requirement mentioned in subsection (1A)(a) does not apply to an application submitted through the UK digital service.]

(2)Where—

(a)in connection with a canvass under section 10 above, the form completed in respect of any address specifies any person as a person who is entitled to be registered in a register, and

(b)that person is not for the time being registered in the register in respect of that address,

he shall be treated as having madeF166. . . an application for registration in the register in respect of that address.

[F167(2A)The application referred to in subsection (2) above shall F168... be treated as made on the 15th October in the year in question.]

[F169(2B)Where the form referred to in paragraph (a) of subsection (2) above is submitted through the UK digital service, the application referred to in that subsection shall be treated as having been submitted through the UK digital service.]

(3)[F170The Chief Electoral Officer for Northern Ireland] shall also determine all objections to a person’s registration [F171in Northern Ireland] made in accordance with the prescribed requirements by another person whose name appears in the register in question.

[F172(3A)Subsection (3) above applies to an objection to a person's registration whether the objection is made before or after the person is registered in the register.]

[F173(3B)No objection to a person's registration may be made if the person has an anonymous entry in the register.]

(4)Subsections (1) and (3) above apply to applications and objections [F174in Northern Ireland] asking—

(a)for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to registration, or

(b)for the alteration of the qualifying address in respect of which a person is registered,

as they apply to applications for registration and objections to a person’s registration respectively.

(5)[F175Subject to subsection (5A) below,] where F176... a person (“the elector”) is F177. . . entered in a register in respect of any address [F178in Northern Ireland], the elector is entitled to remain registered in the register in respect of that address until such time as [F179the Chief Electoral Officer for Northern Ireland]—

(a)determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because—

(i)the form mentioned in section 10(4) above was not returned in respect of that address, or

(ii)for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,

[F180the Officer is] unable to satisfy himself that the elector was then so resident at that address, or

[F181(b)determines that the elector was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4 above.]

[F182(5A)A person’s name is to be removed from the register in respect of any address if—

(a)the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or

(b)[F183the Chief Electoral Officer for Northern Ireland] determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.]

[F184(5B)[F185The Chief Electoral Officer for Northern Ireland] may, for the purpose of obtaining any information relevant to a determination under subsection (5)(b) above, make such house to house inquiries as he thinks fit.]

(6)Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, [F186or his name is to be removed from it by virtue of subsection (5A) above,] [F187the Chief Electoral Officer for Northern Ireland] shall remove that person’s entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.

(7)Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise [F188the Chief Electoral Officer for Northern Ireland] to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.

(8)Nothing in subsection (5)[F189, (5A)] or (6) applies in relation to the registration of persons in pursuance of—

(a)applications for registration made by virtue of section 7(2) or 7A(2) above; or

(b)declarations falling within section 10(3)(b) above.

(9)In this section—

  • “determines” means determines in accordance with regulations;

  • “resident” means resident for the purposes of section 4 above.

  • [F190“the UK digital service” has the same meaning as in section 10ZF, and references to [F191a form or application] submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

Textual Amendments

F157Words in s. 10A heading inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(12) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F158Ss. 10, 10A substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 10 by 2000 c. 2, s. 8(a), Sch. 1 para. 4; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F159Words in s. 10A(1) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F164Words in s. 10A(1B) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 106; S.I. 2006/3412, art. 3, Sch. 1 para. 14(aa)(bb)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F168Words in s. 10A(2A) omitted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by virtue of Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F170Words in s. 10A(3) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(4)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F171Words in s. 10A(3) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(4)(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F172S. 10A(3A) inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F173S. 10A(3B) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 6(2), Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F174Words in s. 10A(4) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(6) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F176Words in s. 10A(5) repealed (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 6(3), Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a), 13(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F177Word in s. 10A(5) repealed (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 12(5)(a), 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 paras. 13(a), 14(a) (subject to transitional provisions in art. 6, Sch. 2)

F178Words in s. 10A(5) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(7)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F179Words in s. 10A(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(7)(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F180Words in s. 10A(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(7)(c) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F181S. 10A(5)(b) substituted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(5)(b), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F183Words in s. 10A(5A)(b) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(8) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F184S. 10A(5B) inserted (1.1.2007 for E.W.S and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 12(6), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(a) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3

F185Words in s. 10A(5B) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(9) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F187Words in s. 10A(6) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(10) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F188Words in s. 10A(7) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 10(11) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

Modifications etc. (not altering text)

C90S. 10A extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3), ss. 2, 13(6), Sch.1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C92S. 10A applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C93S. 10A(2A) applied (with modifications) (E.W.S.) (27.3.2013) by The Electoral Registration (Postponement of 2013 Annual Canvass) Order 2013 (S.I. 2013/794), arts. 1(1), 2(4)

C94S. 10A(5)(a) applied (with modifications) (E.W.S.) (27.3.2013) by The Electoral Registration (Postponement of 2013 Annual Canvass) Order 2013 (S.I. 2013/794), arts. 1(1), 2(5)

C95S. 10A(6) excluded by The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), reg. 46B (as inserted (N.I.) (18.7.2013) by S.I. 2013/1846, regs. 1(1), 3(1))

[F19210B.Register of electors in Northern Ireland: digital registration numberU.K.

[F193(1)Where a person meets the condition in subsection (1A) or the condition in subsection (1B), the Chief Electoral Officer for Northern Ireland shall allocate a unique reference number (a “digital registration number”) to the person if no such number has previously been allocated to that person.

(1A)A person meets the condition in this subsection if, following receipt of an application for registration made by the person in respect of an address in Northern Ireland and submitted through the UK digital service, the Chief Electoral Officer determines that the person is entitled to be registered in the register.

(1B)A person meets the condition in this subsection if—

(a)in connection with a canvass under section 10 above, the form completed in respect of any address specifies the person as a person who is entitled to be registered in a register,

(b)the form is submitted through the UK digital service,

(c)section 10A(2) above does not apply, and

(d)following receipt of the form, the Chief Electoral Officer determines that the person is entitled to be registered in the register.]

(2)Subsection (3) applies—

(a)where a digital registration number has been allocated to [F194a person] under subsection (1), F195...

[F196(b)where, following—

(i)an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been issued, or

(ii)(where section 10A(2) above does not apply) the submission of a form in connection with a canvass under section 10 above through the UK digital service by such a person,

the Chief Electoral Officer determines that the person’s registration in the register is to be amended in accordance with the application or form, or]

[F197(c)where, following—

(i)an application for registration in respect of an address in Northern Ireland submitted through the UK digital service by a person to whom a digital registration number has previously been issued, or

(ii)the submission of a form in connection with a canvass under section 10 above through the UK digital service by such a person,

the Chief Electoral Officer determines that the person’s registration in the register is not to be amended in accordance with the application or form.]

(3)Where this subsection applies, the Chief Electoral Officer shall send the [F198person] a notification [F199by the appropriate method (see subsection (3A))] of the digital registration number allocated to that [F198person] together with an explanation of—

(a)the fact that the digital registration number is required for an application for an absent vote pursuant to section 6(1)(bba)(ii) or 7(1)(bba)(ii) of the Representation of the People Act 1985, and

(b)how a further notification of the digital registration number may be obtained if the [F198person] requires it.

[F200(3A)In subsection (3), “by the appropriate method” means—

(a)in a case falling within subsection (2)(a) or (b), by post;

(b)in a case falling within subsection (2)(c) —

(i)by post, or

(ii)if the person has given an email address in the application or form, by email to that address.]

(4)If, after a notification has been sent to a person under subsection (3) or a further notification issued under subsection (6), the person requires a further notification of the digital registration number the person may apply to the Chief Electoral Officer for Northern Ireland for a further notification of the number.

(5)An application under subsection (4) must set out—

(a)the applicant’s—

(i)name,

(ii)date of birth, and

(iii)national insurance number or a statement that the applicant does not have one (giving the reason why), and

(b)the address in respect of which the applicant is, or has applied to be, registered.

(6)Where the Chief Electoral Officer for Northern Ireland is satisfied that the information contained in an application under subsection (4) corresponds with the information held by the Chief Electoral Officer in relation to the applicant, the Chief Electoral Officer shall issue a further notification of the digital registration number to the applicant.

(7)A further notification under subsection (6) shall be issued by—

(a)giving it to the applicant in person, or

(b)sending it to the applicant—

(i)by post, or

(ii)if the applicant has given an email address in [F201an application or form mentioned in subsection (1A), (1B) or (2)], by email to that address.

(8)A notification or further notification by post pursuant to subsection (3) or (7)(b)(i) shall be sent—

(a)in the case of a person who is registered, or has made an application for registration, in pursuance of a service declaration, to the address given on the application form as the person’s present address or, if the Chief Electoral Officer is satisfied the applicant has moved to another address, to that address, or

(b)in any other case, to the address in respect of which the person is, or is entitled to be, registered.

(9)In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to [F202a form or] an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]

Textual Amendments

F20311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F203S. 11 repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 5(a), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F20412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F204S. 12 repealed (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, ss. 8(a), 15(2), Sch. 1 para. 5(b), Sch. 7 Pt. I; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

[F20513 Publication of registers.U.K.

[F206(1)Each registration officer must for each year publish a revised version of his registers—

(a)if there is a canvass in his area in that year, during the period starting with the end of the canvass in that year and ending with 1st December in that year or such later date as may be prescribed, or

(b)if (in Northern Ireland) there is no canvass in that year, on 1st December in that year or by such later date as may be prescribed.]

[F207(1A)Subsection (1)(a) above has effect, in the case of a registration officer acting for an area in which (or in part of which) an election to which section 13B below applies is held during the period—

(a)starting with 1st July in the year in question, and

(b)ending with 1st December in that year,

as if for “1st December in that year” there were substituted 1st February in the following year.]

(2)The revised versions of the registers shall incorporate—

(a)all the alterations which are required to be made in them as mentioned in section 10(6) above; and

(b)any alterations which are required to be made by virtue of section 13A(3) [F208or (3A)] below.

(3)A registration officer may in addition, if he thinks fit, publish a revised version of either of his registers at any time between—

(a)the time when the register was last published in accordance with subsection (1) above, and

(b)the time when it is due to be next so published;

and a registration officer proposing to publish a revised version of a register in accordance with this subsection must publish notice of his intention to do so by such time and in such manner as may be prescribed.

(4)When revising a register for publication under this section the registration officer shall make such changes affecting the electoral numbers of persons registered in the register as he considers necessary in order to comply with section 9(4) above.

(5)Where a revised version of a register is published at any time under this section, the register has effect in the form in which it is so published as from that time until the time when—

(a)a revised version is next so published, or

(b)if earlier, any alteration to the register takes effect under [F209any of sections 13A to [F21013BC]] below.

(6)Any reference in this section or section 13A below to the publication of a revised version of the register is to its publication in accordance with regulations made in pursuance of paragraphs 10A and 10B(1)(a) of Schedule 2 to this Act.]

Textual Amendments

F205Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F208Words in s. 13(2)(b) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 11(2) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F210Word in s. 13(5)(b) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 2; S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C96S. 12-17 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I (as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5)))

C97S. 13 applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13 applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

[F21113A Alteration of registers.U.K.

(1)This section applies where, at any time (“the relevant time”) after the publication of a revised version of a register by a registration officer under section 13 above, the registration officer—

[F212(za)is required by section 10ZC(1) to enter a person in the register;

(zb)is required by section 10ZD(1) to alter a person's entry in the register;]

(a)on an application for registration [F213in Northern Ireland] being made by any person in accordance with the prescribed requirements, determines that that person is entitled to be so registered;

(b)is required, by virtue of any provision of this Part of this Act, to remove a person’s entry from the register;

(c)is notified of any decision on an appeal by virtue of section 56 [F214or 58] below which requires any such alteration in the register as is mentioned in subsection (4) of that section; or

(d)determines that the register contains any clerical error [F215or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect].

(2)In such a case the registration officer shall (subject to subsection (3) below) issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him—

(i)on the first day of the month which follows that in which the relevant time falls, or

(ii)if that day is less than 14 days after that time, on the first day of the month immediately following that month; and

(b)(subject to [F216sections 13B(1) and 13BA(1)] below) the alteration in question shall have effect as from the beginning of the day on which the notice is issued.

[F217(2ZA)A person who makes an application under subsection (1)(a) in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

(a)residence determined in accordance with section 6 (residence: merchant seamen),

(b)a declaration of local connection, or

(c)an overseas elector’s declaration.]

[F218(2A)Subject to [F219subsections (2B) and (2C)] below, an application for registration under subsection (1)(a) above in respect of an address in Northern Ireland shall include—

(a)the signature of each of the persons to whom the application relates;

(b)the date of birth of each such person; and

(c)in relation to each such person—

(i)his national insurance number or a statement that he does not have one,

F220(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii)any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1)(a) above to prescribe requirements includes power to give effect to the requirements of this subsection.

(2B)The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (2A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.]

[F221(2C)The requirement mentioned in subsection (2A)(a) does not apply to an application submitted through the UK digital service.]

(3)Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a)at the beginning of the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) or (3) above, or

(b)at the beginning of either of the two months preceding that containing the date on which a revised version of the register is next due to be published in accordance with [F222section 13(1)(a)] above,

and in such a case the alteration in question shall be made in that revised version of the register.

[F223(3A)Subsection (2)(a)(ii) also does not require a registration officer in Great Britain to issue a notice under subsection (2) in a case where the month which follows that in which the relevant time falls is the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a); and in such a case the alteration in question shall be made in that revised version of the register.]

(4)Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section [F22413AB(2),] 13B(3)[F225, (3B) or (3D)][F226, 13BA(3), (6) or (9) or 13BC(3) or (6)] below requires him to issue a notice under that provision.

(5)No alteration affecting a published version of a register of electors shall be made otherwise than in accordance with [F227this section, section [F22813AB,] [F229section 13B[F230, section 13BA or section 13BC] below]].

(6)For the purposes of subsection (1) above “determines” means determines in accordance with regulations; and section 119 below shall apply for the purposes of subsection (2)(a) above as if it were contained in Part II of this Act.

[F231(7)In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.]]

Textual Amendments

F211Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F212S. 13A(1)(za)(zb) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(2)(a) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F213Words in s. 13A(1)(a) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(2)(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F215Words in s. 13A(1)(d) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 1 para. 3 (with Sch. 5); S.I. 2014/414, art. 5(k); S.I. 2014/2439, art. 2(j)

F223S. 13A(3A) inserted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(3) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F225Words in s. 13A(4) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(6), 77, Sch. 1 para. 32; S.I. 2006/3412, art. 3, Sch. 1 paras. 2, 12(b) (subject to transitional provisions in art. 6, Sch. 2)

F226Words in s. 13A(4) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 3(2); S.I. 2016/290, reg. 2

F229Words in s. 13A(5) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 12(4) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F230Words in s. 13A(5) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 3(3); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C104Ss. 13-13B extended (N.I.) (with modifications) by Elected Authorites (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C105S. 13A applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13A applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13A applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C106S. 13A excluded (N.I.) (24.2.2005) (temp. until 23.2.2006) by Electoral Registration (Northern Ireland) Act 2005 (c. 1), ss. 1(3), 3(1) (subject to s. 3(2))

C108S. 13A applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C110S. 13A(2) excluded (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, Sch. 1 para. 17(1)

[F23213AB Alteration of registers: interim publication datesU.K.

(1)Subsections (2) and (3) apply in relation to an interim publication date where—

(a)at any time before the interim publication date, section 13A applies to a registration officer (by virtue of section 13A(1)) in connection with a determination, requirement or decision within section 13A(1)(za), (zb), (b), (c) or (d),

(b)in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area, and

(c)no alteration made in consequence of the determination, requirement or decision has already taken effect, or is due to take effect, under a relevant provision on or before the interim publication date.

(2)On the interim publication date the registration officer must issue, in the prescribed manner, a notice specifying the appropriate alteration in the register.

(3)The alteration takes effect from the beginning of the interim publication date.

(4)There are two interim publication dates (in relation to a registration officer and an election to which this section applies).

(5)The first interim publication date is the last day on which nomination papers may be delivered to the returning officer for the purposes of the election.

(6)The second interim publication date is to be determined by the registration officer, but must be a day after the first interim publication date and before the appropriate publication date.

(7)In subsection (1)(c) “relevant provision” means—

(a)in relation to the first interim publication date, section 13A(2) [F233or 13BC(3) or (6)];

[F234(b)in relation to the second interim publication date—

(i)section 13A(2);

(ii)section 13BC(3) or (6);

(iii)subsection (3) of this section as it applies in relation to the first interim publication date.]

[F235(7A)In determining for the purposes of subsection (1)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the interim publication date, the reference to section 13AB in section 13BC(2) is to be disregarded.]

(8)This section applies to—

(a)parliamentary elections in England, Wales or Scotland;

F236(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)elections to the Scottish Parliament;

(d)elections to the National Assembly for Wales;

(e)local government elections in England, Wales or Scotland;

(f)elections of police and crime commissioners in England and Wales.

(9)Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.

[F237(10)Subsection (2) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]]

Textual Amendments

F233Words in s. 13AB(7)(a) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 4(2); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C112S. 13AB applied (with modifications) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 8, 12, 13, Sch. 4 Pt. 1 Table 1 (as amended (6.4.2014) by S.I. 2014/333, regs. 1(6), 9(1) (with reg. 1(7)))

C113S. 13AB applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(1) (with Sch. 1 para. 1(3))

C114S. 13AB applied (with modifications) (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, Sch. 1 para. 17(4)

F23813B Alteration of registers: pending elections.E+W+S

[F239(1)If, by virtue of section 13A(2) above [F240or section 13BC(3) or (6) below], an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.]

[F241(2)Subsection (3) below applies where—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of [F242paragraphs (za), (zb), (b), (c) and (d)] of that subsection;

(b)in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and

(c)no alteration made in consequence of the determination, requirement or decision—

(i)has already taken effect, or

(ii)is due to take effect,

under subsection (2) of that section[F243, or under section 13AB(3) or section 13BC(3) or (6),] on or before the fifth day before the date of the poll.]

(3)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him on the appropriate publication date; and

(b)the alteration shall take effect as from the beginning of that day.

[F244(3ZA)In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.

(3ZB)Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]

[F245(3A)Subsection (3B) below applies where—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and

(b)in consequence of the notification—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register requires to be altered.

(3B)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him when he receives the notification; and

(b)the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3C)Subsection (3D) below applies where—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;

(b)the determination was made following a representation made by or on behalf of a person to the registration officer; and

(c)in consequence of the determination—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register requires to be altered.

(3D)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him when he makes the determination; and

(b)the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3E)In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.]

(4)This section applies to the following elections—

(a)parliamentary elections [F246in England, Wales or Scotland],

F247(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)elections to the Scottish Parliament,

(d)elections to the National Assembly for Wales, F248...

F249(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)local government elections in England, Wales or Scotland [F250and

(g)elections of police and crime commissioners in England and Wales].

(5)In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    (a)

    the area for which the registration officer acts, or

    (b)

    if the election is held in only part of that area, the part of that area in question.

(6)Section 119 below shall apply for the purposes of this section as if—

(a)it were contained in Part II of this Act; and

(b)each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

Extent Information

E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F238Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F239S. 13B(1) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(2), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F241S. 13B(2) substituted (E.W.S) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(3), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

F242Words in s. 13B(2)(a) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 13 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F243Words in s. 13B(2)(c) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 5(3); S.I. 2016/290, reg. 2

F245S. 13B(3A)-(3E) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 11(4), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 2 (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

C116Ss. 13-13B extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C117S. 13B applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13B applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13B applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 13B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 13B applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 13B applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C118S. 13B applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C123S. 13B applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C124S. 13B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C125S. 13B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(2) (as substituted (9.6.2016) by S.I. 2016/636, regs. 1, 3(3))

C126S. 13B(2)-(6) applied (with modifications) (S.) (18.12.2013) by Scottish Independence Referendum Act 2013 (asp 14), s. 36, sch. 2 para. 17(3)

C127S. 13B(2)-(6) applied (with modifications) (S.) (30.1.2020) by Referendums (Scotland) Act 2020 (asp 2), s. 41, Sch. 1 para. 17(3)

F23813B Alteration of registers: pending elections.N.I.

(1)An alteration in a published version of a register of electors which takes effect under section 13A(2) above after the final nomination day in the case of an election to which this section applies shall not have effect for the purposes of that election unless the alteration—

(a)is made in consequence of a decision or determination falling within section 13A(1)(c) or (d) above; and

(b)takes effect on or before the fifth day before the date of the poll.

(2)Subsection (3) below applies where—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a decision or determination—

(i)falling within subsection (1)(c) or (d) of that section, and

(ii)in consequence of which a person’s name falls to be entered in (or removed from) the register in respect of an address in the relevant election area; and

(b)no alteration made in consequence of that decision or determination—

(i)has already taken effect, or

(ii)is due to take effect,

under subsection (2) of that section on or before the fifth day before the date of the poll.

(3)In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a)the notice shall be so issued by him on the appropriate publication date; and

(b)the alteration shall take effect as from the beginning of that day.

(4)This section applies to the following elections—

(a)parliamentary elections [F246in England, Wales or Scotland],

F247(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)elections to the Scottish Parliament,

(d)elections to the National Assembly for Wales, F248...

F249(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)local government elections in England, Wales or Scotland [F250and

(g)elections of police and crime commissioners in England and Wales].

(5)In this section—

  • “the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

  • “the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

  • “the relevant election area”, in relation to a registration officer and such an election, means—

    (a)

    the area for which the registration officer acts, or

    (b)

    if the election is held in only part of that area, the part of that area in question.

(6)Section 119 below shall apply for the purposes of this section as if—

(a)it were contained in Part II of this Act; and

(b)each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

Extent Information

E13This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F238Ss. 13-13B substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) for s. 13 by 2000 c. 2, s. 8(a), Sch. 1 para. 6; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

Modifications etc. (not altering text)

C116Ss. 13-13B extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3 SIF 42), ss. 2, 13(6), Sch. 1 Pt. I as amended (16.2.2001) by 2000 c. 2, s. 8, Sch. 3 para. 3(5); S.I. 2001/116, art. 2(1) (with art. 2(3)-(5))

C117S. 13B applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 13B applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 13B applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 13B applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 13B applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 13B applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C123S. 13B applied (with modifications) (E.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1

C124S. 13B applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))

C125S. 13B applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 4(2) (as substituted (9.6.2016) by S.I. 2016/636, regs. 1, 3(3))

[F25113BAAlteration of registers in Northern Ireland: pending electionsU.K.

(1)An alteration in a published version of a register of electors which takes effect under section 13A(2) [F252or section 13BC(3) or (6)] after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration—

(a)is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and

(b)takes effect on or before the fifth day before the date of the poll.

(2)Subsection (3) applies if—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and

(b)no alteration made in consequence of that determination or requirement—

(i)has already taken effect, or

(ii)is due to take effect,

under section 13A(2)[F253, or section 13BC(3),] on or before the final nomination day.

(3)If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

[F254(3A)In determining for the purposes of subsection (2)(b) whether an alteration made in consequence of the determination or requirement is due to take effect under section 13BC(3) on or before the final nomination day, the reference to section 13BA in section 13BC(2) is to be disregarded.

(3B)Subsection (3) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) requires the officer to issue a notice under that provision at an earlier time.]

F255(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subsection (6) applies if—

(a)at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and

(b)no alteration made in consequence of that decision or determination—

(i)has already taken effect, or

(ii)is due to take effect,

under section 13A(2)[F256, or section 13BC(3) or (6),] on or before the fifth day before the date of the poll.

(6)The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

[F257(6A)In determining for the purposes of subsection (5)(b) whether an alteration made in consequence of the decision or determination is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13BA in section 13BC(2) is to be disregarded.

(6B)Subsection (6) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.]

(7)Subsection (9) applies if—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and

(b)in consequence of the notification—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register needs to be altered.

(8)Subsection (9) also applies if—

(a)at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d),

(b)the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and

(c)in consequence of the determination—

(i)an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii)his entry in the register needs to be altered.

(9)The Chief Electoral Officer must, when—

(a)he receives the notification referred to in subsection (7), or

(b)he makes the determination referred to in subsection (8),

issue a notice specifying the appropriate alteration in the register.

(10)In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

(11)A notice under subsection (3), (6) or (9)—

(a)is to be issued in the prescribed manner, and

(b)takes effect from the beginning of the day on which it is issued.

(12)This section applies to—

(a)parliamentary elections in Northern Ireland,

F258(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c)elections to the Northern Ireland Assembly.

(13)Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.]

Textual Amendments

F253Words in s. 13BA(2)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(3); S.I. 2016/290, reg. 2

F256Words in s. 13BA(5)(b) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 2 para. 6(5); S.I. 2016/290, reg. 2

Modifications etc. (not altering text)

C129S. 13BA extended (Northern Ireland) (with modifications) (14.5.2008) by 1989 c. 3, Sch. 1 (as amended by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 7(2)(b); S.I. 2008/1318, art. 2)

C130S. 13BA applied (with modifications) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C131S. 13BA applied (with modifications) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C133S. 13BA applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 1 para. 5 (with Sch. 1 para. 1(3)) (as amended (9.6.2016) by