Proxies at electionsE+W+S
6(1)Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph and paragraph 7 referred to as “the elector”) at any parliamentary or local government election and may vote in pursuance of the appointment.E+W+S
(2)The elector cannot have—
(a)more than one person at a time appointed as proxy to vote for him at parliamentary elections (whether in the same constituency or elsewhere), or
(b)more than one person at a time appointed as proxy to vote for him at local government elections in the same electoral area.
[F1(3)A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election unless the person is or will be registered in a register of parliamentary electors in Great Britain or Northern Ireland.
(3A)A person is not capable of being appointed to vote, or voting, as proxy at a local government election unless the person is or will be registered in a register of local government electors in Great Britain or Northern Ireland.
(4)A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary or local government election if the person is subject to any legal incapacity (age apart) to vote at that election as an elector.]
(5)A person is not capable of voting as proxy at a parliamentary or local government election [F2(other than a local government election in Scotland)] unless on the date of the poll he has attained the age of 18.
[F3(5A)A person is not capable of voting as proxy at a local government election in Scotland unless on the date of the election the person has attained the age of 16.]
(6)A person is not entitled to vote as proxy—
(a)at the same parliamentary election in any constituency, or
(b)at the same local government election in any electoral area,
on behalf of more than two electors of whom that person is not the [F4spouse, civil partner,] parent, grandparent, brother, sister, child or grandchild.
(7)Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—
(a)registered in the register of parliamentary electors, local government electors or both (as the case may be), and
(b)shown in the record kept under paragraph 3 as voting by proxy at such elections,
and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.
(8)Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary or local government election, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—
(a)registered in the register of parliamentary or, as the case may be, local government electors, and
(b)entitled to vote by proxy at that election by virtue of an application under paragraph 4(2) or (3),
and that the proxy is capable of being, and willing to be, appointed.
(9)The appointment of a proxy under this paragraph is to be made by means of a proxy paper in the prescribed form issued by the registration officer.
(10)The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force—
(a)where the appointment related to a parliamentary election or parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a parliamentary election or parliamentary elections (whether in the same constituency or elsewhere),
(b)where the appointment related to a local government election or local government elections, on the issue of a proxy paper appointing a different person to vote for him at a local government election or local government elections in the same electoral area, or
(c)where the appointment was for a particular period, once that period expires.
(11)Subject to sub-paragraph (10), the appointment shall remain in force—
(a)in the case of an appointment for a particular election, for that election, and
(b)in any other case, while the elector is shown as voting by proxy in the record kept under paragraph 3 in pursuance of the same application under that paragraph.
Textual Amendments
F1 Sch. 4 para. 6(3)-(4) substituted for Sch. 4 para. 6(3)(4) (10.6.2014 for E.W., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), ss. 3, 27(1) (with Sch. 5); S.I. 2014/414, art. 5(c)
F2Words in Sch. 4 para. 6(5) inserted (S.) (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 16(2), 21
F3Sch. 4 para. 6(5A) inserted (S.) (25.7.2015) by Scottish Elections (Reduction of Voting Age) Act 2015 (asp 7), ss. 16(3), 21
F4Words in Sch. 4 para. 6(6) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 164(3); S.I. 2005/3175, art. 2(2)
Commencement Information
I1Sch. 4 para. 6 wholly in force at 16.2.2001, see s. 17(3) and S.I. 2001/116, art. 2(1) (subject to art. 2(3)-(5))