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))
[F22 Local government electors.U.K.
(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 a relevant citizen of the Union; 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 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))
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 [F3or unlawfully at large when he would otherwise be so detained] is legally incapable of voting at any parliamentary or local government election.
(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 courtmartial under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957 or on a summary trial under section 49 of the Naval Discipline Act 1957, or by a Standing Civilian Court established under the M4Armed Forces Act 1976, 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 M5Prison Act 1952, the M6Prisons (Scotland) Act 1952 or the M7Prison 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
F3Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 1
Modifications etc. (not altering text)
C1S. 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
Marginal Citations
[F43A 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 M8Mental 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 M9Criminal 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 M10Criminal 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) or 58 of the M11Criminal Procedure (Scotland) Act 1995; and
(b)any person in respect of whom a direction has been given under section 69 of the M12Mental Health (Scotland) Act 1984 or section 71 of that Act (being a person to whom that section applies by virtue of subsection (2)(a) of that section) 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 M13Mental 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 M14Criminal Appeal (Northern Ireland) Act 1980, or
(ii)section 13(5A) of that Act.
(5)As respects any part of the United Kingdom, this section applies to any person in respect of whom an admission order has been made under—
(a)section 116B of the M15Army Act 1955 or the M16Air Force Act 1955, or
(b)section 63B of the M17Naval Discipline Act 1957.
(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
F4S. 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))
Modifications etc. (not altering text)
C2S. 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))
Marginal Citations