The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023 No. 1145 (C. 75)

Schedule Transitional provisions and savings

Part 2 Transitional and savings provision relating to absent voting and date of birth lists

Proxy voting offences and restrictions for certain proxy appointments

4.—(1) This paragraph applies to a proxy appointment as a result of an application made on or after 31st October 2023.

(2) Subject to sub-paragraph (3), the following do not apply in respect of the proxy appointment—

(a) section 61(4) of RPA 1983(1);

(b) during the transitional period—

(i) paragraph 12A(4) of Schedule 9 to ELA 1962(2);

(ii) section 8(5) of the Representation of the People Act 1985(3);

(iii) paragraph 3(4) of Schedule 2 to the Local Elections (Northern Ireland) Order 1985(4);

(c) paragraph 6(6) of Schedule 4 to the Representation of the People Act 2000(5).

(3) The provisions in sub-paragraph (2)(a) and (c) continue to apply in respect of the proxy appointment so far as that appointment relates to local government elections, or a particular local government election, in Scotland or Wales.

(4) The amendments made by paragraphs 2(3) to (5), 6(4) and 7 of Schedule 4 to EA 2022 and paragraphs 26(3) and 28(4) of Schedule 6 to EA 2022 do not apply in respect of a person voting by virtue of the proxy appointment at an ongoing relevant election.

(5) In this paragraph, “transitional period” means the period—

(a) beginning with 31st October 2023, and

(b) ending with—

(i) for the purposes of an ongoing relevant election, the day after the day of poll for that ongoing relevant election;

(ii) for all other purposes, 31st January 2024.

(1)

Section 61(4) was amended by paragraph 2 of Schedule 2 to the Representation of the People Act 1985 (c. 50), and by paragraph 83 of Schedule 27 to the Civil Partnership Act 2004 (c. 33). See article 3(1) of, and Schedule 1 to, S.I. 2001/2599, by virtue of which section 61 applies with modifications to elections to the Northern Ireland Assembly.

(2)

Paragraph 12A was inserted by S.I. 1985/454 and further substituted by S.I. 1987/168.

(3)

Section 8 was repealed, in relation to England, Wales and Scotland, by section 12(2) of the Representation of the People Act 2000 (c. 2), and was amended by Part 9 of Schedule 27 to the Finance Act 1985 (c. 54), by paragraph 16 of Schedule 6 to the Representation of the People Act 2000 and by S.I. 1995/1948, 2005/3129.

(4)

S.I. 1985/454.

(5)

Paragraph 6(6) was amended by paragraph 164(3) of Schedule 27 to the Civil Partnership Act 2004.