OpenLegislation

Elections Act 2022 in England

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. 34Consequential repeals
  210. Part 2: Elections to the Northern Ireland Assembly
  211. 35Northern Ireland Assembly (Elections) Order 2001
  212. 36Paragraph 36
  213. 37Paragraph 37
  214. 38Paragraph 38
  215. 39Paragraph 39
  216. 40Paragraph 40
  217. 41Paragraph 41
  218. 42Paragraph 42
  219. 43Paragraph 43
  220. 44Paragraph 44
  221. 45Paragraph 45
  222. 46Paragraph 46
  223. 48Paragraph 48
  224. Schedule 7: Overseas electors
  225. Part 1: Minor and consequential amendments
  226. 1Representation of the People Act 1983
  227. 2Paragraph 2
  228. 3Paragraph 3
  229. 4Paragraph 4
  230. 5Representation of the People Act 1985
  231. 6Finance Act 1996
  232. 7Income Tax Act 2007
  233. 8Constitutional Reform and Governance Act 2010
  234. 9Police Reform and Social Responsibility Act 2011
  235. 10House of Lords Reform Act 2014
  236. 11Consequential repeals
  237. Part 2: Transitional provision
  238. 12Interpretation of Part
  239. 13Pre-commencement applications for registration in a register of parliamentary electors
  240. 14Overseas electors registered pursuant to pre-commencement applications
  241. 15Postal voting
  242. 16Paragraph 16
  243. 17Power to make supplementary provision
  244. 18Promoting awareness of changes to overseas elector franchise
  245. Schedule 8: Voting and candidacy rights of EU citizens
  246. Part 1: Amendments to the Representation of the People Act 1983
  247. 1Paragraph 1
  248. Part 2: Amendments in relation to certain local elections in England and Wales
  249. 2City of London (Various Powers) Act 1957
  250. 3Local Government Act 1972
  251. 4Greater London Authority Act 1999
  252. 5Local Democracy, Economic Development and Construction Act 2009
  253. 6Police Reform and Social Responsibility Act 2011
  254. Part 3: Amendments in relation to certain elections in Northern Ireland
  255. 7Electoral Law Act (Northern Ireland) 1962
  256. 8Local Government Act (Northern Ireland) 1972
  257. 9Elected Authorities (Northern Ireland) Act 1989
  258. 10Northern Ireland Act 1998
  259. 11Northern Ireland Assembly (Elections) Order 2001
  260. Part 4: Transitional provision etc
  261. 12Holders of elected offices
  262. 13Power to make transitional and saving provision
  263. Schedule 9: Offences for purposes of Part 5
  264. Part 1: Common law offences
  265. 1Offences under the law of England and Wales, Scotland and Northern Ireland
  266. 2Paragraph 2
  267. 3Offences under the law of England and Wales and Northern Ireland
  268. 4Paragraph 4
  269. 5Offences under the law of Scotland
  270. 6Paragraph 6
  271. 7Paragraph 7
  272. 8Paragraph 8
  273. 9Paragraph 9
  274. 10Paragraph 10
  275. 11Paragraph 11
  276. 12Paragraph 12
  277. 13Paragraph 13
  278. 14Paragraph 14
  279. 15Paragraph 15
  280. 16Paragraph 16
  281. 17Paragraph 17
  282. 18Paragraph 18
  283. 19Paragraph 19
  284. 20Paragraph 20
  285. 21Offences under the law of Northern Ireland
  286. 22Paragraph 22
  287. Part 2: Statutory offences
  288. 23Offences against the Person Act 1861
  289. 24Explosive Substances Act 1883
  290. 25Theft Act 1968
  291. 26Theft Act (Northern Ireland) 1969
  292. 27Criminal Damage Act 1971
  293. 28Protection from Eviction Act 1977
  294. 29Criminal Law Act 1977
  295. 30Criminal Damage (Northern Ireland) Order 1977
  296. 31Rent (Northern Ireland) Order 1978
  297. 32Road Traffic (Northern Ireland) Order 1981
  298. 33Taking of Hostages Act 1982
  299. 34Rent (Scotland) Act 1984
  300. 35Public Order Act 1986
  301. 36Public Order (Northern Ireland) Order 1987
  302. 37Criminal Justice Act 1988
  303. 38Malicious Communications Act 1988
  304. 39Malicious Communications (Northern Ireland) Order 1988
  305. 40Trade Union and Labour Relations (Consolidation) Act 1992
  306. 41Criminal Justice and Public Order Act 1994
  307. 42Criminal Law (Consolidation) (Scotland) Act 1995
  308. 43Protection from Harassment Act 1997
  309. 44Protection from Harassment (Northern Ireland) Order 1997
  310. 45Crime and Disorder Act 1998
  311. 46Communications Act 2003
  312. 47Sexual Offences Act 2003
  313. 48Sexual Offences (Northern Ireland) Order 2008
  314. 49Sexual Offences (Scotland) Act 2009 (asp 9)
  315. 50Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
  316. 51Serious Crime Act 2015
  317. 52Hate Crime and Public Order (Scotland) Act 2021 (asp 14)
  318. 52AOnline Safety Act 2023
  319. Part 3: Inchoate offences
  320. 53Paragraph 53
  321. Schedule 10: Disqualification orders: minor and consequential amendments
  322. 1Electoral Law Act (Northern Ireland) 1962
  323. 2Local Government Act 1972
  324. 3Local Government Act (Northern Ireland) 1972
  325. 4Representation of the People Act 1983
  326. 5Northern Ireland Act 1998
  327. 6Greater London Authority Act 1999
  328. 7Government of Wales Act 2006
  329. 8Armed Forces Act 2006
  330. 9Police Reform and Social Responsibility Act 2011
  331. 10Sentencing Act 2020
  332. Schedule 11: Illegal practices
  333. 1Candidates etc at parliamentary, Northern Ireland Assembly and local elections
  334. 2Candidates etc at elections to the Scottish Parliament
  335. 3Candidates etc at elections to Senedd Cymru
  336. 4Candidates etc at local elections in Scotland
  337. 5Candidates etc at local elections in Northern Ireland
  338. 6Candidates at police and crime commissioner elections
  339. 7MPs and recall petitions
  340. Schedule 12: Supply of information etc
  341. 1Supply of information etc
  342. 2Court order for disclosure of information etc
  343. 3Paragraph 3
  344. 4Power to make copies and records
  345. 5Authorisation to be in writing
  346. 6Legal professional privilege
  347. 7Admissibility of information
  348. 8Application of restrictions on disclosure
  349. 9Meaning of “relevant enforcer”