Representation of the People Act 1983 (c. 2)

Part I U.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

C1 Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)

C2 Pt. 1 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)

C3 Pt. 1 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)

C4 Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)

C5 Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)

C6 Pt. 1 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)

C7 Pt. 1 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)

C8 Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)

C9 Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)

[F1 Entitlement to registration] U.K.

Textual Amendments

F1 S. 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))

[F2 4 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.

F3 (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 [F4 , 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 F5 ....

F6 (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 [F7 section 1B(1)] of the Representation of the People Act 1985 M1 (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.

[F8 (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.]

F9 (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section—

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

  (a)

  is not a person who requires leave under the M2 Immigration 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

F2 S. 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))

F3 S. 4(2) repealed (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(1)(a)(i), 28; S.I. 2014/2613, art. 2(2)(a)

F4 Words 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)

F5 Words 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)

F6 S. 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)

F7 Words in s. 4(4)(b) substituted (16.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 2 (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2

F8 S. 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))

F9 S. 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)

C10 S. 4(5) applied (with modifications) (N.I.) (1.7.2008) by The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), reg. 14(3)(4), Sch. 4

C11 S. 4(6) modified (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)

Marginal Citations

M1 1985 c. 50.

M2 1971 c. 77.

[F10 4 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.

F11 (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 [F12 —

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

[F13 (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 [F7 section 1B(1)] of the Representation of the People Act 1985 M3 (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 [F14 , 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.

[F15 (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.]

[F16 (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 M4 Immigration 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

F7 Words in s. 4(4)(b) substituted (16.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 2 (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2

F10 S. 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))

F11 S. 4(2) repealed (1.10.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 14(1)(a)(i), 28; S.I. 2014/2613, art. 2(2)(a)

F12 Words in s. 4(3)(c) inserted (S.) (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 1(3)(a), 12(2); S.S.I. 2020/162, reg. 2

F13 S. 4(3)(c)(ii) inserted (S.) (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 1(3)(b), 12(2); S.S.I. 2020/162, reg. 2

F14 Words in s. 4(5) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 8(2), 35; S.S.I. 2020/278, reg. 2, sch.

F15 S. 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))

F16 S. 4(5B)(5C) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 8(3), 35; S.S.I. 2020/278, reg. 2, sch.

Modifications etc. (not altering text)

C12 S. 4(6) modified (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)

Marginal Citations

M3 1985 c. 50.

M4 1971 c. 77.