OpenLegislation

Article 3 Registration and absent votingI1

England and Wales

(1)

Subject to giving notice of the appeal in accordance with paragraph 13(1) of Schedule 1, an appeal from any decision of the registration officer under this Order disallowing a person’s application to vote—

(a)

by proxy or by post as elector, or

(b)

by post as proxy,

lies to the county court in any case where the application is not made for a particular Senedd election only.

(2)

No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this article.

(3)

If an appeal under this article or section 56 of the 1983 Actf1 is pending when notice of a Senedd election is given—

(a)

the appeal does not prejudice the operation of the decision appealed against for that election, and

(b)

anything done in pursuance of the decision will be as good as if no such appeal had been brought.

(4)

Notice must be sent to the registration officer in the manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this article, and the registration officer must make such alterations in the—

(a)

record kept under article 6(4), or

(b)

record kept under article 10(6),

as may be required to give effect to the decision.

(5)

Where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register or record takes effect under this article or under section 13(5), 13A(2) or 13B(3) or (3B) of the 1983 Actf2 on or before the date of the poll, paragraph (3) does not apply to that appeal as respects that election.

(6)

On an appeal brought under this article, the registration officer is deemed to be a party to the proceedings, and the registration expenses payable to a registration officer must include any expenses properly incurred by the registration officer under this paragraph.

Annotations

Commencement

I1

Art. 3 in force at 18.7.2025, see art. 1(2)

Footnotes

f1

1983 c. 2. The functions of the Secretary of State, insofar as they are exercisable within devolved competence, were transferred to the Welsh Ministers by article 45 of, and paragraph 1 of Schedule 1 to, the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644).

f2

Sections 13, 13A and 13B were substituted for section 13, as originally enacted, by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2). Section 13(5) was subsequently amended by paragraph 2 of Schedule 2 to the Recall of MPs Act 2015 (c. 25). Section 13A(2) was subsequently amended by paragraph 4(3) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33). Section 13B(3B) was subsequently inserted by section 11 of the Electoral Administration Act 2006 (c. 22).