Representation of the People Regulations 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/1081 |
1986 No. 1081
REPRESENTATION OF THE PEOPLE
The Representation of the People Regulations 198625thJune 1986
ARRANGEMENT OF REGULATIONS
PART I
GENERAL, INTERPRETATION AND MISCELLANEOUS
1. Citation and extent.
2. Commencement.
3. Revocations.
4. Interpretation.
5. Constituencies not wholly within a district or London borough.
6. Forms.
7. Sending of applications, notices etc.
8. Publication of documents.
9. Misnomers.
10. Time.
11. Official poll card at parliamentary elections.
12. Return and declaration of election expenses.
13. Interference with notices etc.
14. Registration of Assembly overseas electors.
PART II
SERVICE, PATIENTS' AND OVERSEAS ELECTORS' DECLARATIONS
Service declarations
15. Qualification for Crown servant.
16. Service declaration ceasing to be in force on change of circumstances.
17. Contents of service declaration.
18. Attestation of service declaration by Crown servants, British Council employees and their spouses.
19. Transmission of service declaration.
20. Notification of rejection of application for registration as a service voter.
Patients' declarations
21. Patient's declaration.
22. Notification of rejection of application for registration in pursuance of a patient's declaration.
Overseas electors' declarations
23. Content of an overseas elector's declaration.
24. Officers authorised to attest overseas electors' declarations.
25. Attestation of an overseas elector's declaration.
26. Transmission of an overseas elector's declaration.
27. Evidential value of an overseas elector's declaration.
28. Notification about registration as an overseas elector.
PART III
REGISTRATION
Information about electors
29. Information from householders.
30. Declarations as to age and nationality.
Electors lists, etc.
31. General provisions as to electors lists.
32. Electors lists prepared as draft register.
33. Alternative form of electors lists.
34. Preparation and publication of list of overseas electors.
35. Publication of electors lists.
36. Free copies of electors lists and list of overseas electors.
Alterations to electors lists
37. Amendments to electors lists.
38. Notice of claims and objections.
39. Claims in respect of electors lists.
40. Form of objections.
41. Time for making claims and objections.
42. Entry and preliminary disposal of claims and objections.
43. Hearing of claims and objections.
44. Registration appeals.
45. Adaptation of electors lists in consequence of altered parliamentary polling districts.
46. Amendments to list of overseas electors.
The register
47. Separate part of register for each parliamentary polling district.
48. Different letter for each parliamentary polling district.
49. Order and numbering of names.
50. Marking of names.
51. Publication of register.
52. Information about register.
Supply of registers etc.
53. Free copies of register etc.
54. Sale of lists and register.
55. Supply of data.
56. Supply of labels.
Alterations to published register
57. Adaptation of register in consequence of altered parliamentary polling districts.
58. Claims for inclusion in register and objections thereto.
59. Preliminary disposal of claims and objections made under Regulation 58.
60. Hearing of claims and objections made under Regulation 58.
61. Appeals in respect of claims and objections made under Regulation 58.
62. Correction of register.
PART IV
ABSENT VOTERS
63. General requirements for applications.
64. Additional requirements for applications on grounds of physical incapacity.
65. Additional requirements for applications based on occupation, service or employment.
66. Additional requirements for applications in respect of a particular election.
67. Additional requirements for applications for appointment of a proxy.
68. Additional requirements for applications by proxies to vote by post at a particular election.
69. Closing dates for applications.
70. Grant or refusal of applications.
71. Notice of appeal.
72. Cancellation of proxy appointment.
73. Inquiries by registration officer.
74. Records and lists kept under sections 6, 7 and 9 of Act of 1985.
75. Marked register for polling stations.
76. Certificate of employment at a parliamentary election.
PART V
ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
77. Interpretation of Part V.
Issue of postal ballot papers
78. Combination of polls.
79. Form of declaration of identity.
80. Persons entitled to be present at issue and receipt of postal ballot papers.
81. Notification of requirement of secrecy.
82. Notice of issue of postal ballot papers.
83. Marking of postal ballot papers etc.
84. Refusal to issue postal ballot paper.
85. Envelopes.
86. Delivery of postal ballot papers to post office.
87. Provision of postal voters' ballot box.
88. Sealing up of special lists and counterfoils.
89. Spoilt postal ballot paper.
Receipt of postal ballot papers
90. Receipt of covering envelope.
91. Opening of postal voters' ballot box.
92. Opening of covering envelopes.
93. Sealing up of rejected votes and declarations of identity.
94. Opening of ballot paper envelopes.
95. Abandoned poll.
96. Forwarding of documents.
PART VI
COMBINATION OF POLLS
97. Returning officers and polling stations.
98. Functions at combined polls.
99. Modification of provisions about expenses in Act of 1983.
100. Modification of parliamentary elections rules.
Schedule 1. Enabling powers.
Schedule 2. Forms.
Schedule 3. Application with modifications of provisions of the Acts of 1983 and 1985 for registration of Assembly overseas electors.
Whereas a draft of these Regulations has been approved by a resolution of each House of Parliament:
Now, therefore, in exercise of the powers conferred upon me by those provisions of the Representation of the People Act 1983(a) and the Representation of the People Act 1985(b) which are specified in Schedule 1 to these Regulations, I thereby make the following Regulations:—
PART I
GENERAL, INTERPRETATION AND MISCELLANEOUS
Citation and extent
1.— (1) These Regulations may be cited as the Representation of the People Regulations 1986.
(2) These Regulations shall not extend to Scotland or Northern Ireland.
Commencement
2. Those Regulations in:—
(a) Parts I, II and III of these Regulations shall come into force when sections 1 to 4 of the Act of 1985 come into force;
(b) Parts IV and V of these Regulations shall come into force on the date when sections 6 to 9 and 11 of, and Schedule 2 to, the Act of 1985
(a) 1983 c.2.
(b) 1985 c.50.
come into force and shall have effect for the purposes of any election the poll at which is on or after that date;
(c) Part VI of these Regulations shall come into force when section 15 of the Act of 1985 comes into force except that, to the extent that Part VI applies to combination of polls under subsection (3) and (3AA) of section 36 of the Act of 1983(a) it shall come into force at the expiry of the period of one month beginning with the day on which these Regulations were made.
Revocations
3.— (1) The Regulations in Parts II, III and VI, except Regulations 68, 71 and 75, of the Representation of the People Regulations 1983(b) and Regulations 3 to 7 of the Representation of the People (Amendment) Regulations 1985(c) are revoked as from the coming into force of the Regulations in Parts I, II and III of these Regulations.
(2) The Regulations in Parts I, IV and V of the Representation of the People Regulations 1983 and Regulations 68, 71 and 75 of those Regulations, and Regulations 1 and 2 and 8 to 20 of the Representation of the People (Amendment) Regulations 1985 (being in each case the remaining Regulations not revoked by paragraph (1) above) are revoked on the coming into force of the Regulations in Parts IV and V of these Regulations.
Interpretation
4.— (1) For the purposes of these Regulations, unless the context otherwise requires:—
"Act of 1978" means the European Assembly Elections Act 1978(d);
"Act of 1983" means the Representation of the People Act 1983;
"Act of 1985" means the Representation of the People Act 1985;
"Assembly constituency" means a constituency constituted by an Order in Council under section 3 of the House of Commons (Redistribution of Seats) Act 1949(e), as applied by paragraph 4 of Schedule 2 to the Act of 1978;
"Assembly election" has the same meaning as in section 27(1) of the Act of 1985;
"Assembly overseas elector" means a peer who has made an Assembly overseas elector's declaration and is registered or is entitled to be registered as an elector at an Assembly election in pursuance of it;
"Assembly overseas elector's declaration" means a declaration made in
(a) Section 36(3) was substituted by section 17 of the Act of 1985 and section 36(3AA) was inserted by paragraph 1(4)(a) of Schedule 9 to the Local Government Act 1985 (c.51).
(b) S.I. 1983/435; Schedule 3 was amended by the European Assembly Elections Regulations 1984 (S.I. 1984/137), regulation 4.
(c) S.I. 1986/104.
(d) 1978 c.10.
(e) 1949 c.66.
pursuance of section 2 of the Act of 1985 as applied by Regulation 14 of, and Schedule 3 to, these Regulations;
"available for inspection" means available for inspection during ordinary office hours;
"British Council employee" means a person employed by the British Council in a post outside the United Kingdom;
"candidate" means—
(a) in relation to a parliamentary election, a person who is nominated as a candidate at the election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for the election, or after the dissolution or vacancy in consequence of which the writ was issued;
(b) in relation to a local government election, a person having been nominated or having declared himself a candidate for election to the office to be filled at the election;
"constituency" means a parliamentary constituency;
"Crown servant" means a person who is employed in a post falling within the class or description set out in Regulation 15 below;
"data" and "data user" have the same meanings as in section 1 of the Data...
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