Elections Act 2022
Part 1Administration and conduct of elections
Voter identification, applications for postal and proxy votes, etc
1Voter identification
2Power to make regulations about registration, absent voting and other matters
Postal and proxy voting
3Restriction of period for which person can apply for postal vote
4Handling of postal voting documents by political campaigners
5Handing in postal voting documents
6Limit on number of electors for whom a proxy can vote
7Requirement of secrecy
Undue influence
8Undue influence
Assistance with voting for persons with disabilities
9Assistance with voting for persons with disabilities
Nomination of candidates at parliamentary elections
10Candidate nomination paper: commonly used names
11Home address form: statement of local authority area
Northern Ireland elections
12Local elections and Assembly elections in Northern Ireland
Voting system for elections for certain offices
13Simple majority system to be used in elections for certain offices
Part 2Overseas electors and EU citizens
Overseas electors
14Extension of franchise for parliamentary elections: British citizens overseas
Voting and candidacy rights of EU citizens
15Voting and candidacy rights of EU citizens
Part 3The Electoral Commission
Strategy and policy statement
16Strategy and policy statement
17Examination of duty to have regard to strategy and policy statement
Membership of the Speaker’s Committee
18Membership of the Speaker’s Committee
Criminal proceedings
19Criminal proceedings
Part 4Regulation of expenditure
Notional expenditure of candidates and others
20Notional expenditure: use of property etc on behalf of candidates and others
21Codes of practice on expenses
22Authorised persons not required to pay expenses through election agent
Registration of parties etc
23Declaration of assets and liabilities to be provided on application for registration
24Prohibition on entities being registered political parties and recognised third parties at same time
25Section 24: transitional provision
Controlled expenditure etc
26Restriction on which third parties may incur controlled expenditure
27Third parties capable of giving notification for purposes of Part 6 of PPERA
28Recognised third parties: changes to existing limits etc
29Code of practice on controls relating to third parties
Part 5Disqualification of offenders for holding elective office etc
30Disqualification orders
31Vacation of office etc
32Candidates etc
33Holders of relevant elective offices
34Campaigners
35Election etc of a person to the House of Commons who is subject to a disqualification order
36Power to amend Schedule 9
37Interpretation of Part
38Minor and consequential amendments
Part 6Information to be included with electronic material
Definitions
39Definitions relating to electronic material and publication
40Definitions relating to parties etc
Requirements
41Requirement to include information with electronic material
42Electronic material to which section 41 applies: paid-for material
43Purposes referred to in section 42
44Electronic material to which section 41 applies: other electronic material
45Purposes referred to in section 44
46Electronic material relating to more than one candidate or future candidate
47Exceptions to section 41
Enforcement
48Offence of breaching section 41
49Order to take down electronic material in breach of section 41
50Enforcement by the Commission
51Notice to take down electronic material in breach of section 41
52Further provision about notice under section 51
53Supply of information
Supplementary
54Guidance
55Information in Commission’s annual report
56Notices
57Proceedings for an offence under this Part
58Offences committed by bodies corporate
59Offences committed by unincorporated associations etc
60Regulations under this Part
61Meaning of “the Commission”
Part 7General
62Review of operation of Act
63Power to amend references to subordinate legislation etc
64Financial provisions
65Interpretation etc
66Extent
67Commencement
68Short title
Schedules
Schedule 1Voter identification
1Amendments of RPA 1983
2After section 13BC insert— Electoral identity document: Great Britain (1) An application for an electoral identity document may be...
3(1) Section 13C (electoral identity card: Northern Ireland) is amended...
4(1) Section 13CZA (provision of false information: application for electoral...
5In section 56 (registration appeals: England and Wales), in subsection...
6In section 58 (registration appeals: Northern Ireland), in subsection (1),...
7After section 59 (supplemental provisions as to members of forces...
8(1) Section 61 (other voting offences) is amended as follows....
9In section 66B (failure to comply with conditions relating to...
10Schedule 1 (Parliamentary elections rules) is amended in accordance with...
11After rule 19A insert— Date of birth lists for polling...
12In rule 25 (provision of polling stations), after paragraph (5)...
13(1) Rule 26 (appointment of presiding officers and clerks) is...
14In rule 28 (issue of official poll cards), after paragraph...
15(1) Rule 29 (equipment of polling stations) is amended as...
16(1) Rule 35 (questions to be put to voters) is...
17(1) Rule 37 (voting procedure), as it extends to Northern...
18(1) Rule 37 (voting procedure), as it extends to England...
19In rule 38 (votes marked by presiding officer), for paragraph...
20In rule 39 (voting by persons with disabilities), for paragraph...
21(1) Rule 40 (tendered ballot papers) is amended as follows....
22After rule 40ZA insert— Refusal to deliver ballot paper: Great...
23In rule 40A— (a) for the heading substitute “Refusal to...
24After rule 40A insert— Collection and disclosure of information relating...
25In rule 43 (procedure on close of poll), after paragraph...
26After rule 53A insert— Destruction of date of birth lists:...
27In rule 54 (sealing up of ballot papers), after paragraph...
28In rule 55 (delivery of documents to registration officer), after...
29In rule 56 (orders for production of documents), after paragraph...
30After rule 56 insert— Inspection of ballot paper refusal list:...
31In rule 57 (retention and public inspection of documents), after...
32In rule 58 (disposal of documents in Scotland), after paragraph...
33(1) In the Appendix of Forms, the form of directions...
34Extension of Northern Ireland voter identification provisions to Great Britain
35After section 7(4) of the Elections (Northern Ireland) Act 1985...
36Section 5(2) of the Electoral Fraud (Northern Ireland) Act 2002,...
37After section 8(5) of the Electoral Fraud (Northern Ireland) Act...
38Section 13CZA of RPA 1983 (provision of false information: application...
39After section 27(3) of the Northern Ireland (Miscellaneous Provisions) Act...
40Consequential repeals
Schedule 2Power to make regulations about registration, absent voting and other matters
1Amendments to the Representation of the People Act 1983
2Schedule 2 to RPA 1983 (provision which may be contained...
3(1) Paragraph 1 is amended as follows.
4(1) Paragraph 1A is amended as follows.
5(1) Paragraph 3ZA is amended as follows.
6For paragraph 3A substitute— (1) Provision about— (a) applications for registration in Northern Ireland...
7After paragraph 5 insert— (1) Provision about the manner in which relevant absent voting...
8In paragraph 8B(1), for “or 10ZD” substitute “, 10ZD, 13BD,...
9After paragraph 8B insert— (1) Provision requiring a registration officer in Great Britain to...
10In paragraph 8C(1)— (a) in paragraph (a), for “or 10A”...
11In paragraph 13, after sub-paragraph (1) insert—
12Power to remove signature requirements
13Power to make provision about unique reference numbers: elections in Northern Ireland
14Consequential repeals
Schedule 3Restriction of period for which person can apply for postal vote
1Representation of the People Act 2000
2(1) Paragraph 3 (absent vote at elections for definite or...
3(1) Paragraph 7 (voting as proxy) is amended as follows....
4Transitional provision
Schedule 4Proxy voting: limits and transitional provision
1Representation of the People Act 1983
2(1) Section 61 (other voting offences) is amended as follows....
3In section 202 (general provisions as to interpretation), in subsection...
4(1) Rule 35 of Schedule 1 (questions to be put...
5In Schedule 2 (provisions which may be contained in regulations...
6Representation of the People Act 1985
7Representation of the People Act 2000
8Termination of certain proxy appointments on the specified day
9(1) This paragraph applies where— (a) a proxy appointment is...
10Termination of applications for certain proxy appointments on the specified day
11(1) An application for a proxy appointment that is made...
Schedule 5Undue influence: further provision
1Local Government Act 1972
2In section 80 (disqualifications for election and holding office as...
3Local Government Act (Northern Ireland) 1972
4Representation of the People Act 1983
5Greater London Authority Act 1999
6Local Democracy, Economic Development and Construction Act 2009
7Police Reform and Social Responsibility Act 2011
Schedule 6Local elections in Northern Ireland and elections to the Northern Ireland Assembly
Part 1Local elections in Northern Ireland
1Electoral Law Act (Northern Ireland) 1962
2In section 96 (provisions applying to all persons reported personally...
3In section 108 (penalties for corrupt practices), in subsection (4)(a)(i),...
4In section 112 (incapacities resulting from convictions for corrupt or...
5In section 114 (corrupt and illegal practices committed by agents),...
6Schedule 5 (local elections rules) is amended in accordance with...
7In rule 5 (nomination of candidates), for paragraph (2A) substitute—...
8In rule 12 (publication of statement of persons nominated), in...
9After rule 16A insert— Date of birth lists (1) The returning officer must prepare the following lists for...
10In rule 22 (provision of polling stations), after paragraph (4)...
11In rule 23 (appointment of presiding officers and clerks), in...
12(1) Rule 26 (equipment of polling stations) is amended as...
13(1) Rule 32 (questions to be put to voters) is...
14(1) Rule 34 (voting procedure) is amended as follows.
15In rule 35 (votes marked by presiding officer), in paragraph...
16(1) Rule 36 (voting by persons with disabilities) is amended...
17In rule 37 (tendered ballot papers), in paragraph (2)—
18In rule 38 (refusal to deliver ballot paper), in paragraph...
19In rule 41(1) (sealing and delivery of documents etc), after...
20(1) Rule 56A (destruction of home address forms) is amended...
21In form 1 in the Appendix of Forms (form of...
22In the Appendix of Forms, in form 10 (declaration for...
23Schedule 9 (electoral misdemeanours) is amended in accordance with paragraphs...
24For paragraph 3 substitute— Undue influence (1) A person is guilty of undue influence if the...
25After paragraph 5 insert— Handling of postal voting documents by...
26(1) Paragraph 12A (illegal practices: voting offences) is amended as...
27(1) Paragraph 27 (requirement of secrecy) is amended as follows....
28Local Elections (Northern Ireland) Order 1985
29In paragraph 9(1) of Part 1 of Schedule 2 to...
30Elected Authorities (Northern Ireland) Act 1989
31Elections Act 2001
32Transitional provisions relating to proxy voting
33(1) This paragraph applies to an application for a proxy...
34Consequential repeals
Part 2Elections to the Northern Ireland Assembly
35Northern Ireland Assembly (Elections) Order 2001
36In the table, in the right-hand column of the entry...
37In the table, after the entry for section 112 of...
38In the table, for the entry relating to section 115...
39In the table, after the entry for rule 19A of...
40The entries in the right-hand column of the table in...
41In the entry for rule 31 (notification of requirement of...
42In the entry for rule 37 (voting procedure), before the...
43Against the entry for rule 38 (votes marked by presiding...
44In the table, after the entry for rule 53A of...
45In the entry for section 8 of the Representation of...
46In the Annex, in the form of declaration to be...
47Transitional provisions relating to proxy voting
48(1) This paragraph applies to an application for a proxy...
Schedule 7Overseas electors
Part 1Minor and consequential amendments
1Representation of the People Act 1983
2In section 4 (entitlement to be registered as parliamentary or...
3In section 202(1) (general provisions as to interpretation), for the...
4(1) Schedule 2 (provisions which may be contained in regulations...
5Representation of the People Act 1985
6Finance Act 1996
7Income Tax Act 2007
8Constitutional Reform and Governance Act 2010
9Police Reform and Social Responsibility Act 2011
10House of Lords Reform Act 2014
11Consequential repeals
Part 2Transitional provision
12Interpretation of Part
13Pre-commencement applications for registration in a register of parliamentary electors
14Overseas electors registered pursuant to pre-commencement applications
15Postal voting
16(1) This paragraph applies where— (a) before the commencement date,...
17Power to make supplementary provision
18Promoting awareness of changes to overseas elector franchise
Schedule 8Voting and candidacy rights of EU citizens
Part 1Amendments to the Representation of the People Act 1983
1(1) In section 2 of RPA 1983 (local government electors),...
Part 2Amendments in relation to certain local elections in England and Wales
2City of London (Various Powers) Act 1957
3Local Government Act 1972
4Greater London Authority Act 1999
5Local Democracy, Economic Development and Construction Act 2009
6Police Reform and Social Responsibility Act 2011
Part 3Amendments in relation to certain elections in Northern Ireland
7Electoral Law Act (Northern Ireland) 1962
8Local Government Act (Northern Ireland) 1972
9Elected Authorities (Northern Ireland) Act 1989
10Northern Ireland Act 1998
11Northern Ireland Assembly (Elections) Order 2001
Part 4Transitional provision etc
12Holders of elected offices
13Power to make transitional and saving provision
Schedule 9Offences for purposes of Part 5
Part 1Common law offences
1Offences under the law of England and Wales, Scotland and Northern Ireland
2Murder.
3Offences under the law of England and Wales and Northern Ireland
4Manslaughter.
5Offences under the law of Scotland
6Assault to the danger of life.
7Assault to severe injury.
8Assault with intent to rape or ravish.
9Assault other than a kind listed in paragraphs 6 to...
10Breach of the peace.
11Culpable homicide.
12Culpable and reckless conduct.
13Culpable and reckless endangering of the public.
14Culpable and reckless fire-raising.
15Drugging.
16Extortion.
17Malicious mischief.
18Mobbing and rioting.
19Uttering threats.
20Wilful fire-raising.
21Offences under the law of Northern Ireland
22Riot.
Part 2Statutory offences
23Offences against the Person Act 1861
24Explosive Substances Act 1883
25Theft Act 1968
26Theft Act (Northern Ireland) 1969
27Criminal Damage Act 1971
28Protection from Eviction Act 1977
29Criminal Law Act 1977
30Criminal Damage (Northern Ireland) Order 1977
31Rent (Northern Ireland) Order 1978
32Road Traffic (Northern Ireland) Order 1981
33Taking of Hostages Act 1982
34Rent (Scotland) Act 1984
35Public Order Act 1986
36Public Order (Northern Ireland) Order 1987
37Criminal Justice Act 1988
38Malicious Communications Act 1988
39Malicious Communications (Northern Ireland) Order 1988
40Trade Union and Labour Relations (Consolidation) Act 1992
41Criminal Justice and Public Order Act 1994
42Criminal Law (Consolidation) (Scotland) Act 1995
43Protection from Harassment Act 1997
44Protection from Harassment (Northern Ireland) Order 1997
45Crime and Disorder Act 1998
46Communications Act 2003
47Sexual Offences Act 2003
48Sexual Offences (Northern Ireland) Order 2008
49Sexual Offences (Scotland) Act 2009 (asp 9)
50Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
51Serious Crime Act 2015
52Hate Crime and Public Order (Scotland) Act 2021 (asp 14)
Part 3Inchoate offences
53(1) An inchoate offence in relation to an offence listed...
Schedule 10Disqualification orders: minor and consequential amendments
1Electoral Law Act (Northern Ireland) 1962
2Local Government Act 1972
3Local Government Act (Northern Ireland) 1972
4Representation of the People Act 1983
5Northern Ireland Act 1998
6Greater London Authority Act 1999
7Government of Wales Act 2006
8Armed Forces Act 2006
9Police Reform and Social Responsibility Act 2011
10Sentencing Act 2020
Schedule 11Illegal practices
1Candidates etc at parliamentary, Northern Ireland Assembly and local elections
2Candidates etc at elections to the Scottish Parliament
3Candidates etc at elections to Senedd Cymru
4Candidates etc at local elections in Scotland
5Candidates etc at local elections in Northern Ireland
6Candidates at police and crime commissioner elections
7MPs and recall petitions
Schedule 12Supply of information etc
1Supply of information etc
2Court order for disclosure of information etc
3(1) This paragraph applies if a relevant enforcer has given...
4Power to make copies and records
5Authorisation to be in writing
6Legal professional privilege
7Admissibility of information
8Application of restrictions on disclosure
9Meaning of “relevant enforcer”

Elections Act 2022

2022 Chapter 37

An Act to make provision about the administration and conduct of elections, including provision designed to strengthen the integrity of the electoral process and provision about the use of the simple majority system in elections for certain offices; about overseas electors; about voting and candidacy rights of EU citizens; about the designation of a strategy and policy statement for the Electoral Commission; about the membership of the Speaker’s Committee; about the Electoral Commission’s functions in relation to criminal proceedings; about financial information to be provided by a political party on applying for registration; for preventing a person being registered as a political party and being a recognised non-party campaigner at the same time; about regulation of expenditure for political purposes; about disqualification of offenders for holding elective offices; about information to be included in electronic campaigning material; and for connected purposes.

Be 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:—