Paragraph 6 Proxies at PCC elections: entitlement to vote

England and Wales

(1)

Subject to the following provisions of this paragraph, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (“the elector”).

(2)

In sub-paragraph (1) “relevant proxy appointment” means—

(a)

in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(a)(i), an appointment under paragraph 6 of Schedule 4 to the Representation of the People Act 2000;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(b), an appointment under paragraph 5 of this Schedule.

(3)

A person is capable of voting as proxy at a PCC election only if—

(a)

the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and

F2(b)

the person is or will be registered in the register of electors F3...

(4)

A person is not capable of voting as proxy at a PCC election unless on the date of the poll he or she has attained the age of eighteen.

C1(5)

A person is not entitled to vote as proxy at the same ordinary PCC election in any police area on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

F4(5)

A person—

(a)

is not entitled to vote as proxy at a PCC election on behalf of more than two electors who do not fall within sub-paragraph (6), but

(b)

subject to paragraph (a), is entitled to vote as proxy at a PCC election on behalf of up to four electors.

(6)

An elector falls within this sub-paragraph if the elector is registered in the register of electors in pursuance of a service declaration.

(7)

Where the polls for two or more PCC elections are held on the same day, references in sub-paragraph (5) to a PCC election are to all of those PCC elections taken together.

Annotations

Textual amendments

F1: Sch. 2 para. 6(2)(b) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 Table 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
F2: Sch. 2 para. 6(3)(b) substituted (10.6.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(4), 10
F3: Words in Sch. 2 para. 6(3)(b) omitted (1.4.2018) by virtue of The Wales Act 2017 (Consequential and Saving Provisions) Regulations 2018 (S.I. 2018/272), regs. 1, 5(c)
F4: Sch. 2 para. 6(5)-(7) substituted for Sch. 2 para. 6(5) (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(3)(d), 17(5)(c) (with Sch. 2 paras. 18, 19(2))

Modifications

C1: Sch. 2 para. 6(5) excluded (temp.) (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), reg. 1(2), Sch. 2 para. 19(1)(3) (with Sch. 2 para. 18)