OpenLegislation

Elections Act 2022

2022 c. 37 · Enacted 28 April 2022 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 April 2026.

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ProvisionChangeMade by
s. 34(6)words insertedLevelling-up and Regeneration Act 2023 Sch. 9 para. 3
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. [28th April 2022]

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:—

Contents

  1. Part 1: Administration and conduct of elections
  2. Voter identification, applications for postal and proxy votes, etc
  3. 1Voter identification
  4. 2Power to make regulations about registration, absent voting and other matters
  5. Postal and proxy voting
  6. 3Restriction of period for which person can apply for postal vote
  7. 4Handling of postal voting documents by political campaigners
  8. 5Handing in postal voting documents
  9. 6Limit on number of electors for whom a proxy can vote
  10. 7Requirement of secrecy
  11. Undue influence
  12. 8Undue influence
  13. Assistance with voting for persons with disabilities
  14. 9Assistance with voting for persons with disabilities
  15. Nomination of candidates at parliamentary elections
  16. 10Candidate nomination paper: commonly used names
  17. 11Home address form: statement of local authority area
  18. Northern Ireland elections
  19. 12Local elections and Assembly elections in Northern Ireland
  20. Voting system for elections for certain offices
  21. 13Simple majority system to be used in elections for certain offices
  22. Part 2: Overseas electors and EU citizens
  23. Overseas electors
  24. 14Extension of franchise for parliamentary elections: British citizens overseas
  25. Voting and candidacy rights of EU citizens
  26. 15Voting and candidacy rights of EU citizens
  27. Part 3: The Electoral Commission
  28. Strategy and policy statement
  29. 16Strategy and policy statement
  30. 17Examination of duty to have regard to strategy and policy statement
  31. Membership of the Speaker’s Committee
  32. 18Membership of the Speaker’s Committee
  33. Criminal proceedings
  34. 19Criminal proceedings
  35. Part 4: Regulation of expenditure
  36. Notional expenditure of candidates and others
  37. 20Notional expenditure: use of property etc on behalf of candidates and others
  38. 21Codes of practice on expenses
  39. 22Authorised persons not required to pay expenses through election agent
  40. Registration of parties etc
  41. 23Declaration of assets and liabilities to be provided on application for registration
  42. 24Prohibition on entities being registered political parties and recognised third parties at same time
  43. 25Section 24: transitional provision
  44. Controlled expenditure etc
  45. 26Restriction on which third parties may incur controlled expenditure
  46. 27Third parties capable of giving notification for purposes of Part 6 of PPERA
  47. 28Recognised third parties: changes to existing limits etc
  48. 29Code of practice on controls relating to third parties
  49. Part 5: Disqualification of offenders for holding elective office etc
  50. 30Disqualification orders
  51. 31Vacation of office etc
  52. 32Candidates etc
  53. 33Holders of relevant elective offices
  54. 34Campaigners
  55. 35Election etc of a person to the House of Commons who is subject to a disqualification order
  56. 36Power to amend Schedule 9
  57. 37Interpretation of Part
  58. 38Minor and consequential amendments
  59. Part 6: Information to be included with electronic material
  60. Definitions
  61. 39Definitions relating to electronic material and publication
  62. 40Definitions relating to parties etc
  63. Requirements
  64. 41Requirement to include information with electronic material
  65. 42Electronic material to which section 41 applies: paid-for material
  66. 43Purposes referred to in section 42
  67. 44Electronic material to which section 41 applies: other electronic material
  68. 45Purposes referred to in section 44
  69. 46Electronic material relating to more than one candidate or future candidate
  70. 47Exceptions to section 41
  71. Enforcement
  72. 48Offence of breaching section 41
  73. 49Order to take down electronic material in breach of section 41
  74. 50Enforcement by the Commission
  75. 51Notice to take down electronic material in breach of section 41
  76. 52Further provision about notice under section 51
  77. 53Supply of information
  78. Supplementary
  79. 54Guidance
  80. 55Information in Commission’s annual report
  81. 56Notices
  82. 57Proceedings for an offence under this Part
  83. 58Offences committed by bodies corporate
  84. 59Offences committed by unincorporated associations etc
  85. 60Regulations under this Part
  86. 61Meaning of “the Commission”
  87. Part 7: General
  88. 62Review of operation of Act
  89. 63Power to amend references to subordinate legislation etc
  90. 64Financial provisions
  91. 65Interpretation etc
  92. 66Extent
  93. 67Commencement
  94. 68Short title
  95. Schedule 1: Voter identification
  96. 1Amendments of RPA 1983
  97. 2Paragraph 2
  98. 3Paragraph 3
  99. 4Paragraph 4
  100. 5Paragraph 5
  101. 6Paragraph 6
  102. 7Paragraph 7
  103. 8Paragraph 8
  104. 9Paragraph 9
  105. 10Paragraph 10
  106. 11Paragraph 11
  107. 12Paragraph 12
  108. 13Paragraph 13
  109. 14Paragraph 14
  110. 15Paragraph 15
  111. 16Paragraph 16
  112. 17Paragraph 17
  113. 18Paragraph 18
  114. 19Paragraph 19
  115. 20Paragraph 20
  116. 21Paragraph 21
  117. 22Paragraph 22
  118. 23Paragraph 23
  119. 24Paragraph 24
  120. 25Paragraph 25
  121. 26Paragraph 26
  122. 27Paragraph 27
  123. 28Paragraph 28
  124. 29Paragraph 29
  125. 30Paragraph 30
  126. 31Paragraph 31
  127. 32Paragraph 32
  128. 33Paragraph 33
  129. 34Extension of Northern Ireland voter identification provisions to Great Britain
  130. 35Extension of Northern Ireland voter identification provisions to Great Britain
  131. 36Extension of Northern Ireland voter identification provisions to Great Britain
  132. 37Extension of Northern Ireland voter identification provisions to Great Britain
  133. 38Extension of Northern Ireland voter identification provisions to Great Britain
  134. 39Extension of Northern Ireland voter identification provisions to Great Britain
  135. 40Consequential repeals
  136. Schedule 2: Power to make regulations about registration, absent voting and other matters
  137. 1Amendments to the Representation of the People Act 1983
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. 4Paragraph 4
  141. 5Paragraph 5
  142. 6Paragraph 6
  143. 7Paragraph 7
  144. 8Paragraph 8
  145. 9Paragraph 9
  146. 10Paragraph 10
  147. 11Paragraph 11
  148. 12Power to remove signature requirements Not yet in force
  149. 13Power to make provision about unique reference numbers: elections in Northern Ireland Not yet in force
  150. 14Consequential repeals
  151. Schedule 3: Restriction of period for which person can apply for postal vote
  152. 1Representation of the People Act 2000
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Transitional provision
  156. Schedule 4: Proxy voting: limits and transitional provision
  157. 1Representation of the People Act 1983
  158. 2Paragraph 2
  159. 3Paragraph 3
  160. 4Paragraph 4
  161. 5Paragraph 5
  162. 6Representation of the People Act 1985
  163. 7Representation of the People Act 2000
  164. 8Termination of certain proxy appointments on the specified day
  165. 9Paragraph 9
  166. 10Termination of applications for certain proxy appointments on the specified day
  167. 11Termination of applications for certain proxy appointments on the specified day
  168. Schedule 5: Undue influence: further provision
  169. 1Local Government Act 1972
  170. 2Paragraph 2
  171. 3Local Government Act (Northern Ireland) 1972
  172. 4Representation of the People Act 1983
  173. 5Greater London Authority Act 1999
  174. 6Local Democracy, Economic Development and Construction Act 2009
  175. 7Police Reform and Social Responsibility Act 2011
  176. Schedule 6: Local elections in Northern Ireland and elections to the Northern Ireland Assembly
  177. Part 1: Local elections in Northern Ireland
  178. 1Electoral Law Act (Northern Ireland) 1962
  179. 2Paragraph 2
  180. 3Paragraph 3
  181. 4Paragraph 4
  182. 5Paragraph 5
  183. 6Paragraph 6
  184. 7Paragraph 7
  185. 8Paragraph 8
  186. 9Paragraph 9
  187. 10Paragraph 10
  188. 11Paragraph 11
  189. 12Paragraph 12
  190. 13Paragraph 13
  191. 14Paragraph 14
  192. 15Paragraph 15
  193. 16Paragraph 16
  194. 17Paragraph 17
  195. 18Paragraph 18
  196. 19Paragraph 19
  197. 20Paragraph 20
  198. 21Paragraph 21
  199. 22Paragraph 22
  200. 23Paragraph 23
  201. 24Paragraph 24
  202. 25Paragraph 25
  203. 26Paragraph 26
  204. 27Paragraph 27
  205. 28Local Elections (Northern Ireland) Order 1985
  206. 29Paragraph 29
  207. 30Elected Authorities (Northern Ireland) Act 1989
  208. 31Elections Act 2001
  209. 32Transitional provisions relating to proxy voting
  210. 34Consequential repeals
  211. Part 2: Elections to the Northern Ireland Assembly
  212. 35Northern Ireland Assembly (Elections) Order 2001
  213. 36Paragraph 36
  214. 37Paragraph 37
  215. 38Paragraph 38
  216. 39Paragraph 39
  217. 40Paragraph 40
  218. 41Paragraph 41
  219. 42Paragraph 42
  220. 43Paragraph 43
  221. 44Paragraph 44
  222. 45Paragraph 45
  223. 46Paragraph 46
  224. 47Transitional provisions relating to proxy voting
  225. 48Paragraph 48
  226. Schedule 7: Overseas electors
  227. Part 1: Minor and consequential amendments
  228. 1Representation of the People Act 1983
  229. 2Paragraph 2
  230. 3Paragraph 3
  231. 4Paragraph 4
  232. 5Representation of the People Act 1985
  233. 6Finance Act 1996
  234. 7Income Tax Act 2007
  235. 8Constitutional Reform and Governance Act 2010
  236. 9Police Reform and Social Responsibility Act 2011
  237. 10House of Lords Reform Act 2014
  238. 11Consequential repeals
  239. Part 2: Transitional provision
  240. 12Interpretation of Part
  241. 13Pre-commencement applications for registration in a register of parliamentary electors
  242. 14Overseas electors registered pursuant to pre-commencement applications
  243. 15Postal voting
  244. 16Paragraph 16
  245. 17Power to make supplementary provision
  246. 18Promoting awareness of changes to overseas elector franchise
  247. Schedule 8: Voting and candidacy rights of EU citizens
  248. Part 1: Amendments to the Representation of the People Act 1983
  249. 1Paragraph 1
  250. Part 2: Amendments in relation to certain local elections in England and Wales
  251. 2City of London (Various Powers) Act 1957
  252. 3Local Government Act 1972
  253. 4Greater London Authority Act 1999
  254. 5Local Democracy, Economic Development and Construction Act 2009
  255. 6Police Reform and Social Responsibility Act 2011
  256. Part 3: Amendments in relation to certain elections in Northern Ireland
  257. 7Electoral Law Act (Northern Ireland) 1962
  258. 8Local Government Act (Northern Ireland) 1972
  259. 9Elected Authorities (Northern Ireland) Act 1989
  260. 10Northern Ireland Act 1998
  261. 11Northern Ireland Assembly (Elections) Order 2001
  262. Part 4: Transitional provision etc
  263. 12Holders of elected offices
  264. 13Power to make transitional and saving provision
  265. Schedule 9: Offences for purposes of Part 5
  266. Part 1: Common law offences
  267. 1Offences under the law of England and Wales, Scotland and Northern Ireland
  268. 2Paragraph 2
  269. 3Offences under the law of England and Wales and Northern Ireland
  270. 4Paragraph 4
  271. 5Offences under the law of Scotland
  272. 6Paragraph 6
  273. 7Paragraph 7
  274. 8Paragraph 8
  275. 9Paragraph 9
  276. 10Paragraph 10
  277. 11Paragraph 11
  278. 12Paragraph 12
  279. 13Paragraph 13
  280. 14Paragraph 14
  281. 15Paragraph 15
  282. 16Paragraph 16
  283. 17Paragraph 17
  284. 18Paragraph 18
  285. 19Paragraph 19
  286. 20Paragraph 20
  287. 21Offences under the law of Northern Ireland
  288. 22Paragraph 22
  289. Part 2: Statutory offences
  290. 23Offences against the Person Act 1861
  291. 24Explosive Substances Act 1883
  292. 25Theft Act 1968
  293. 26Theft Act (Northern Ireland) 1969
  294. 27Criminal Damage Act 1971
  295. 28Protection from Eviction Act 1977
  296. 29Criminal Law Act 1977
  297. 30Criminal Damage (Northern Ireland) Order 1977
  298. 31Rent (Northern Ireland) Order 1978
  299. 32Road Traffic (Northern Ireland) Order 1981
  300. 33Taking of Hostages Act 1982
  301. 34Rent (Scotland) Act 1984
  302. 35Public Order Act 1986
  303. 36Public Order (Northern Ireland) Order 1987
  304. 37Criminal Justice Act 1988
  305. 38Malicious Communications Act 1988
  306. 39Malicious Communications (Northern Ireland) Order 1988
  307. 40Trade Union and Labour Relations (Consolidation) Act 1992
  308. 41Criminal Justice and Public Order Act 1994
  309. 42Criminal Law (Consolidation) (Scotland) Act 1995
  310. 43Protection from Harassment Act 1997
  311. 44Protection from Harassment (Northern Ireland) Order 1997
  312. 45Crime and Disorder Act 1998
  313. 46Communications Act 2003
  314. 47Sexual Offences Act 2003
  315. 48Sexual Offences (Northern Ireland) Order 2008
  316. 49Sexual Offences (Scotland) Act 2009 (asp 9)
  317. 50Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
  318. 51Serious Crime Act 2015
  319. 52Hate Crime and Public Order (Scotland) Act 2021 (asp 14)
  320. 52AOnline Safety Act 2023
  321. Part 3: Inchoate offences
  322. 53Paragraph 53
  323. Schedule 10: Disqualification orders: minor and consequential amendments
  324. 1Electoral Law Act (Northern Ireland) 1962
  325. 2Local Government Act 1972
  326. 3Local Government Act (Northern Ireland) 1972
  327. 4Representation of the People Act 1983
  328. 5Northern Ireland Act 1998
  329. 6Greater London Authority Act 1999
  330. 7Government of Wales Act 2006
  331. 8Armed Forces Act 2006
  332. 9Police Reform and Social Responsibility Act 2011
  333. 10Sentencing Act 2020
  334. Schedule 11: Illegal practices
  335. 1Candidates etc at parliamentary, Northern Ireland Assembly and local elections
  336. 2Candidates etc at elections to the Scottish Parliament
  337. 3Candidates etc at elections to Senedd Cymru
  338. 4Candidates etc at local elections in Scotland
  339. 5Candidates etc at local elections in Northern Ireland
  340. 6Candidates at police and crime commissioner elections
  341. 7MPs and recall petitions
  342. Schedule 12: Supply of information etc
  343. 1Supply of information etc
  344. 2Court order for disclosure of information etc
  345. 3Paragraph 3
  346. 4Power to make copies and records
  347. 5Authorisation to be in writing
  348. 6Legal professional privilege
  349. 7Admissibility of information
  350. 8Application of restrictions on disclosure
  351. 9Meaning of “relevant enforcer”