OpenLegislation

Elections Act 2022 in Northern Ireland

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