Representation of the People Regulations 1974

JurisdictionUK Non-devolved
CitationSI 1974/648
Year1974

1974 No. 648

REPRESENTATION OF THE PEOPLE

The Representation of the People Regulations 1974

6thFebruary 1974

8thFebruary 1974

1stApril 1974

ARRANGEMENT OF REGULATIONS

PART I

GENERAL

1. Citation and extent.

2. Commencement.

3. Revocation and savings.

4. Interpretation.

5. Constituencies not wholly within a district or London borough.

PART II

REGISTRATION

The Register

6. Separate part of register for each registration unit.

7. Separate letter for each parliamentary polling district.

8. Order of names.

9. Marking of names to indicate at which elections person entitled to vote.

10. Marking of names to indicate manner of voting.

The Electors Lists

11. Form of electors lists.

12. Publication of the electors lists.

Claims and Objections

13. Notice of claims and objections.

14. Time for making claims and objections.

15. Form of claims and objections.

16. Entry and preliminary disposal of claims and objections.

17. Hearing of claims and objections.

18. Corrections to the electors lists.

19. Other corrections to the electors lists.

Publication and Sale of the Register

20. Publication of register.

21. Registration officer to furnish copies of register.

22. Free copies of register.

23. Sale of register.

Supplementary

24. Declaration as to age and nationality.

25. Information from householders.

26. Adaptation of electors lists and register in consequence of altered polling districts.

27. Corrupt and illegal practices list.

28. Correction of register.

PART III

ABSENT VOTERS, PROXIES AND POSTAL PROXIES

29. Application to be treated as an absent voter.

30. Application to vote by proxy.

31. Appointment of proxy.

32. Proxy paper.

33. Cancellation of proxy appointment.

34. Application by proxy to vote by post.

35. Disregard of applications.

36. Records and lists of absent voters, proxies and postal proxies.

37. Certificate of employment.

PART IV

ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

Interpretation

38. Interpretation of Part IV.

Issue of Postal Ballot Papers

39. Form of postal ballot paper.

40. Form of declaration of identity.

41. Persons entitled to be present at issue and receipt of postal ballot papers.

42. Declaration of secrecy.

43. Notice of issue of postal ballot papers.

44. Marking of postal ballot paper.

45. Refusal to issue postal ballot paper.

46. Ballot paper envelope.

47. Delivery of postal ballot papers to post office.

48. Provision of postal voters' ballot box.

49. Sealing up of special lists and counterfoils.

50. Spoilt postal ballot paper.

Receipt of Postal Ballot Papers

51. Receipt of covering envelope.

52. Opening of postal voters' ballot box.

53. Opening of covering envelopes.

54. Sealing up of rejected votes and declarations of identity.

55. Opening of ballot paper envelopes.

56. Abandoned poll.

57. Forwarding of documents.

PART V

SERVICE VOTERS

58. Service declaration by members of the forces and spouses.

59. Qualification for Crown servant.

60. Service declaration by Crown servants, British Council employees and spouses.

61. Transmission of service declaration by Crown servants, British Council employees and spouses.

62. Service declaration by person about to leave the United Kingdom.

63. Proceedings by registration officer on receipt of service declaration.

64. Invalid service declaration.

65. Evidence as to service declaration.

PART VI

SUPPLEMENTARY

66. Appeals.

67. Official poll card at parliamentary elections.

68. Return and declaration of election expenses.

69. Forms.

70. Sending of notices, etc.

71. Publication of documents.

72. Misnomers.

73. Time.

74. Penalties.

SCHEDULE

FORMS

Forms for use by registration officers

Form A: Return by occupier as to residents.

Form B: Notice as to publication of a draft register of electors and making of claims and objections.

Form C: Notice as to publication of the electors lists and making of claims and objections.

Form D: Proxy paper.

Forms for use by returning officers

Form E: Elector's official poll card.

Form F: Proxy's official poll card.

Form G: Certificate of employment.

Form H: Declaration of identity.

Forms for use by service voters

Form J: Service declaration and application for appointment of proxy by a member of the forces.

Form K: Service declaration and application for appointment of proxy by the spouse of a member of the forces.

Form L: Service declaration and application for appointment of proxy by a Crown servant or by a person employed by the British Council.

Form M: Service declaration and application for appointment of proxy by the spouse of a Crown servant or of a person employed by the British Council.

Form N: Application by a service voter in the United Kingdom to vote by post.

Forms for use by other persons

Form O: Form of claim to be registered as an elector.

Form P: Form of objection to an entry in the electors lists.

Form Q: Application to be treated as an absent voter for an indefinite period owing to occupation or physical incapacity.

Form R: Application to vote by post owing to change of residence.

Form S: Application to be treated as an absent voter for a particular election.

Form T: Application to be treated as an absent voter for an indefinite period owing to air or sea journey.

Form U: Application for appointment of proxy.

Form V: Application by a proxy to vote by post.

Form W: Application by service voter's spouse for appointment of proxy.

Form X: Return of expenses required by section 63 of the Representation of the People Act 1949 to be authorised by an election agent.

Form Y: Declaration as to expenses required by section 63 of the Representation of the People Act 1949 to be authorised by an election agent.

In exercise of the powers conferred on me by sections 42 and 171(5) of the Representation of the People Act 1949(a), I hereby make the following Regulations:—

PART I

GENERAL

Citation and extent

1.—(1) These Regulations may be cited as the Representation of the People Regulations 1974.

(2) These Regulations shall not extend to Scotland or Northern Ireland.

(a) 1949 c. 68.

Commencement

2. These Regulations shall, subject to their having been approved by resolution of each House of Parliament, come into operation on 1st April 1974.

Revocation and savings

3.—(1) The provisions of the Representation of the People Regulations 1969(a), as amended (b), shall be revoked as from 1st April 1974:

Provided that Regulations 29 to 58 (inclusive), 68, 69(1) and 70(2) and so much of the Schedules to the Regulations of 1969 as relates to the said Regulations, shall continue to have effect in relation to an election notice of which has been published before 1st April 1974.

(2) Section 38 of the Interpretation Act 1889(c) shall apply as if these Regulations were an Act of Parliament and as if any Regulations revoked by these Regulations were Acts of Parliament repealed by an Act of Parliament.

(3) Without prejudice to the said section 38 any register, list or record prepared, any application, appointment or declaration made, any proceeding initiated or other thing done under any Regulations revoked by these Regulations shall not be invalidated by the revocation effected by paragraph (1) of this Regulation and shall, in so far as it could have been prepared, made, initiated or done under any provision of these Regulations, have effect as if it had been prepared, made, initiated or done under that provision.

(4) Any reference in any statutory instrument to a Regulation revoked by these Regulations shall be taken as a reference to the corresponding Regulation contained in these Regulations.

Interpretation

4.—(1) For the purpose of these Regulations, unless the context otherwise requires—

the expression "the Act of 1949" means the Representation of the People Act 1949;

the expression "the Act of 1969" means the Representation of the People Act 1969(d);

the expression "postal proxy" means a person entitled to vote by post as proxy at an election;

the expression "registration officer" means an electoral registration officer.

(2) A reference in these Regulations to a rule in the elections rules shall be construed as a reference to a rule in the parliamentary elections rules in Schedule 2 to the Act of 1949 or, as the case may be, to the corresponding rule in the Local Elections (Principal Areas) Rules 1973(e).

(3) A claim or objection includes a claim or objection that a letter or date should or should not be placed against a person's name in the electors lists and the register in accordance with Regulation 9 or Regulation 10(a) or (b).

(4) A reference in these Regulations to any enactment or statutory instrument shall be construed as including a reference to that enactment or statutory

(a) S.I. 1969/904 (1969 II, p. 2602).

(b) S.I. 1973/427 (1973 I, p. 1396).

(c) 1889 c. 63.

(d) 1969 c. 15.

(e) S.I. 1973/79 (1973 I, p. 422).

instrument as amended or replaced by any other enactment or statutory instrument.

(5) A reference in these Regulations to a Regulation shall be construed as a reference to a Regulation contained in these Regulations.

(6) A reference in these Regulations to a form identified by means of a letter shall be construed as a reference to the form so identified in the Schedule to these Regulations.

(7) A reference in these Regulations to the record or list of absent voters, postal proxies or proxies shall be taken as referring to the records kept or lists prepared for parliamentary and local government elections.

(8) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Constituencies not wholly within a district or London borough

5.—(1) Where a constituency is not coterminous with, or wholly contained in, a district or London borough—

(a) the registration officer for any part of the constituency shall, if he is not the acting returning officer for the constituency, consult him concerning the form of the register and of the records and lists of absent voters, proxies and postal proxies, or such parts thereof as relate to...

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