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Representation of the People Act, 1918 |
1918 (7 & 8 Geo. 5.) CHAPTER 64. |
ARRANGEMENT OF SECTIONS |
Part I |
FRANCHISES. |
Section |
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Part II |
REGISTRATION. |
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Part III |
METHOD AND COSTS OF ELECTIONS. |
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Part IV |
REDISTRIBUTION OF SEATS. |
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Part V |
GENERAL. |
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SCHEDULES: |
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Representation of the People Act, 1918 |
1918 (7 & 8 Geo. 5.) CHAPTER 64. |
[6th February 1918.] |
An Act to amend the Law with respect to Parliamentary and Local Government Franchises, and the Registration of Parliamentary and Local Government Electors, and the conduct of elections, and to provide for the Redistribution of Seats at Parliamentary Elections, and for other purposes connected therewith. |
BE it enacted by the King'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: |
PART I |
FRANCHISES. |
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1.--(1) A man shall be entitled to be registered as a parliamentary elector for a constituency (other than a university constituency) if he is of full age and not subject to any legal incapacity, and-- |
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(2) A man, in order to have the requisite residence qualification or business premises qualification for a constituency-- |
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For the purposes of this subsection the administrative county of London shall be treated as a parliamentary borough. |
(3) The expression "business premises" in this section means land or other premises of the yearly value of not less than ten pounds occupied for the purpose of the business, profession, or trade of the person to be registered. |
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2. A man shall be entitled to be registered as a parliamentary elector for a university constituency if he is of full age and not subject to any legal incapacity, and has received a degree (other than an honorary degree) at any university forming, or forming part of, the constituency, or in the case of the Scottish universities is qualified under section twenty-seven of the Representation of the People (Scotland) Act, 1868, or in the case of the University of Dublin has either received a degree (other than an honorary degree) at the university, or has obtained a scholarship or fellowship in the University whether before or after the passing of this Act. |
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3. A man shall be entitled to be registered as a local government elector for a local government electoral area, if he is of full age and not subject to any legal incapacity, and-- |
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Provided that-- |
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4.--(1) A woman shall be entitled to be registered as a parliamentary elector for a constituency (other than a university constituency) if she-- |
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(2) A woman shall be entitled to be registered as a parliamentary elector for a university constituency if she has attained the age of thirty years and either would be entitled to be so registered if she were a man, or has been admitted to and passed the final examination, and kept under the conditions required of women by the university the period of residence, necessary for a man to obtain a degree at any university forming, or forming part of, a university constituency which did not at the time the examination was passed admit women to degrees. |
(3) A woman shall be entitled to be registered as a local government elector for any local government electoral area-- |
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For the purpose of this provision, a naval or military voter who is registered in respect of a residence qualification which he would have had but for his service, shall be deemed to be resident in accordance with the qualification. |
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5.--(1) A person to whom this section applies (in this Act referred to as "a naval or military voter") shall be entitled to be registered as a parliamentary elector for any constituency for which he would have had the necessary qualification but for the service which brings him within the provisions of this section. |
The right to be registered in pursuance of the foregoing provision shall be in addition to any other right to be registered, but a naval or military voter shall not be entitled to be registered for a constituency in respect of an actual residence qualification in the constituency except on making a claim for the purpose, accompanied by a declaration in the prescribed form, that he has taken reasonable steps to prevent his being registered under the foregoing provision for any other constituency. |
(2) The statement of any person, made in the prescribed form and verified in the prescribed manner, that he would have had the necessary qualification in any constituency but for the service which brings him within the provisions of this section, shall for all purposes of this section be sufficient if there is no evidence to the contrary. |
(3) This section applies to any person who is of the age required under this Act in the case of that person and is not subject to any legal incapacity, and who-- |
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(a) in service of a naval or military character for which payment is made out of moneys provided by Parliament, or (where the person serving was at the commencement of his service resident in the United Kingdom) out of the public funds of any part of His Majesty's Dominions, or in service as a merchant seaman, pilot, or fisherman, including the master of a merchant ship or fishing boat and an apprentice on such a ship or boat; or |
(b) serving in any work of the British Red Cross Society, or the Order of St. John of Jerusalem in England, or any other body with a similar object; or |
(c) serving in any other work recognised by the Admiralty, Army Council, or Air Council, as work of national importance in connection with the war. |
(4) A male naval or military voter who has served or hereafter serves in or in connection with the present war shall, notwithstanding anything in this or any other Act, be entitled to be registered as a parliamentary elector if that voter at the commencement of service had attained, or during service attains, the age of nineteen years, and is otherwise qualified. |
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6. The qualifying period shall be a period of six months ending either on the fifteenth day of January, or the fifteenth day of July, including in each case the fifteenth day: |
Provided that in the application of this section to a person who is a naval or military voter, or who has been serving as a member of the naval, military or air forces of the Crown at any time during the said six months and has ceased so to serve, one month shall be substituted for six months as the qualifying period. |
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7.--(1) Where land or premises are in the joint occupation of two or more persons, each of the joint occupiers shall, for the purposes of this Part of this Act, be treated as occupying the premises, subject as follows:-- |
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(2) Residence in a house or the occupation of a house shall not be deemed to be interrupted for the purposes of this Act by reason only of permission being given by letting or otherwise for the occupation of the house as a furnished house by some other person for part of the qualifying period not exceeding four months in the whole, or by reason only of notice to quit being served and possession being demanded by the landlord of the house; but the express enactment of this provision shall not affect in any way the general principles governing the interpretation of the expression "residence" and cognate expressions. |
(3) Notwithstanding anything in this Act, a man shall not be entitled to be registered as a parliamentary elector for a constituency in respect of a residence qualification though he may have been residing in premises in the constituency on the last day of the qualifying period, if he commenced to reside in the constituency within thirty days before the end of the qualifying period, and ceased to reside within thirty days after the time when he so commenced to reside. |
(4) Notwithstanding anything in this Act, a person shall not be entitled to be registered as a local government elector for a local government electoral area though that person may have been occupying land or premises in the area on the last day of the qualifying period, if that person commenced to occupy the land or premises within thirty days before the end of the qualifying period, and ceased to occupy the land or premises within thirty days after the commencement of the occupation. |
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8.--(1) Every person registered as a parliamentary elector for any constituency shall, while so registered (and in the case of a woman notwithstanding sex or marriage), be entitled to vote at an election of a member to serve in Parliament for that constituency; but a man shall not vote at a general election for more that one constituency for which he is registered by virtue of a residence qualification or for more than one constituency for which he is registered by virtue of other qualifications of whatever kind, and a woman shall not vote at a general election for more than one constituency for which she is registered by virtue of her own or her husband's local government qualification, or for more than one constituency for which she is registered by virtue of any other qualification. |
(2) A person registered as a local government elector for any local government electoral area shall while so registered (and in the case of a woman notwithstanding sex or marriage) be entitled to vote at a local government election for that area; but where, for the purposes of election, any such area is divided into more than one ward or electoral division, by whatever name called, a person shall not be entitled to vote for more than one such ward or electoral division. |
Notwithstanding anything in this provision a person may be registered for more than one such ward or division of a local government electoral area (not being a municipal borough), and may vote in any such ward or division for which he is registered at an election to fill a casual vacancy. |
(3) A naval or military voter who is registered in respect of a qualification which he would have had but for his service shall be deemed for the purpose of this section to be registered by virtue of that qualification. |
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9.--(1) A person shall not be disqualified from being registered or from voting as a parliamentary or local government elector by reason that he or some person for whose maintenance he is responsible has received poor relief or other alms. |
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(2) Any person being a conscientious objector to whom this subsection applies, shall be disqualified during the continuance of the war and a period of five years thereafter from being registered or voting as a parliamentary or local government elector, unless, before the expiration of one year after the termination of the war, he proves to the central tribunal as established for the purposes of the Military Service Act, 1916-- |
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and obtains a certificate from the central tribunal to that effect. |
This subsection shall apply to a conscientious objector who either-- |
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The central tribunal established under the Military Service Act, 1916, shall be continued for the purpose of this subsection for a period of a year after the termination of the present war. |
If a person disqualified under this subsection would have been entitled to be registered as a parliamentary or local government elector but for that disqualification, the disqualification shall not extend so as to affect the right of the wife of that person to be registered or vote as a parliamentary or local government elector, as the case may be. |
(3) A person shall not be entitled to be registered or to vote as a parliamentary or local government elector if he is not a British subject, and nothing contained in this |
Act shall, except as expressly provided therein, confer on any person who is subject to any legal incapacity to be registered or to vote either as a parliamentary or local government elector any right to be so registered or to vote. |
(4) A person shall not be disqualified from voting at any election as a parliamentary or local government elector by reason that he is employed for payment by or on behalf of a candidate at such election, so long as the employment is legal. |
(5) Any incapacity of a peer to vote at an election arising from the status of a peer shall not extend to peeresses in their own right. |
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10. A person shall, in addition to and without prejudice to any other qualification, be qualified to be elected a member of the local government authority for any local government electoral area if he is the owner of property held by freehold, copyhold, leasehold or any other tenure within the area of that authority. |
PART II |
REGISTRATION. |
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11.--(1) Two registers of electors shall be prepared in every year, of which one (in this Act referred to as the spring register) shall be made for the qualifying period ending on the fifteenth day of January, and the other (in this Act referred to as the autumn register) shall be made for the qualifying period ending on the fifteenth day of July. |
(2) The spring register shall come into force on the commencement of the fifteenth day of April and remain in force until the fifteenth day of October, and the autumn register shall come into force on the commencement of the fifteenth day of October and remain in force until the fifteenth day of April. |
(3) If for any reason the registration officer fails to compile a fresh spring or autumn register for his area or any part of his area, the register in force at the time when the fresh register should have come into force shall continue to operate as the register for the area or part of an area in respect of which default has been made. |
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12.--(1) Each parliamentary borough and each parliamentary county shall be a registration area, and there shall be a registration officer for each registration area. |
(2) Where the registration area is a parliamentary county and is coterminous with, or wholly contained in, one administrative county, the clerk of the county council, and where the registration area is a parliamentary borough and is coterminous with, or wholly contained in, one municipal borough, the town clerk of the borough, shall be the registration officer for the area. |
In any other case such clerk of the county council, or town clerk, shall be registration officer for the area as the Local Government Board may by order direct, subject to any conditions which may be made by the order as to the appointment of deputies for any part of the area. |
(3) Any of the duties and powers of the registration officer may be performed and exercised by any deputy for the time being approved by the Local Government Board, and the provisions of this Act shall apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as it applies to the registration officer. |
(4) In the event of any vacancy in the office of any clerk of the county council or town clerk who is a registration officer, or in the event of his incapacity to act, any acts authorised or required to be done by or with respect to the registration officer may be done by or with respect to any person temporarily appointed in that behalf by the Chairman of the county council or the mayor, as the case may be. |
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13.--(1) It shall be the duty of the registration officer to compile the spring and autumn register, and to place, or cause to be placed, on the register in accordance with the rules set out in the First Schedule to this Act the names of those entitled to vote as parliamentary electors or local government electors in his registration area, and to comply with any general or special directions which may be given by the Local Government Board with respect to the arrangements to be made by the registration officer for carrying out his duties as to registration. |
If a registration officer refuses, neglects or fails without reasonable cause to perform any of his duties in connection with registration, he shall be liable on summary conviction to a fine not exceeding one hundred pounds. |
(2) His Majesty may by Order in Council prescribe the forms to be used for registration purposes and any fees to be taken in connection therewith, and alter the rules contained in the First Schedule to this Act for the purpose of carrying this Act into full effect, or for carrying into effect any Act for the time being in force amending or affecting this Act. |
The rules contained in the First Schedule to this Act and any Order so made shall have effect as if enacted in this Act. |
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14.--(1) An appeal shall lie to the county court, as defined by rules of court, from any decision of the registration officer on any claim or objection which has been considered by him under this Act, or the placing of or refusal to place any mark against any name on the register, and rules of court shall be made for the purpose of determining the procedure on any such appeals and for applying and adapting thereto any enactments relating to county courts and the procedure therein: |
Provided that an appeal shall not lie where a claimant or objector has not availed himself of his opportunity, as provided in the First Schedule to this Act, of being heard by the registration officer on the claim or objection, or as to the placing of or refusing to place any such mark as aforesaid. |
(2) An appeal shall lie on any point of law from any decision of the county court on any such appeal from the registration officer in accordance with rules of the Supreme Court to the Court of Appeal, but no appeal shall lie from the decision of the Court of Appeal. |
(3) The right of voting of any person whose name is for the time being on the register shall not be prejudiced by any appeal pending under this section, and any vote given in pursuance of that right shall be as good as if no such appeal were pending, and shall not be affected by the subsequent decision of the appeal. |
(4) Notice shall be sent to the registration officer in manner provided by rules of Court of the decision of the county court or of the Court of Appeal on any appeal under this section, and the registration officer shall make such alterations in the electors lists or register as may be required to give effect to the decision. |
(5) On any appeal under this section the registration officer shall be deemed to be a party to the proceedings. |
(6) If the Lord Chancellor is satisfied on the representation of the judge of any county court that the judge is unable, owing to the necessity of dealing with appeals under this Act, to transact the business of the court with proper despatch, the Lord Chancellor may appoint a barrister of at least seven years' standing to act as assistant judge for such time as the Lord Chancellor may direct, and subject to any conditions which he may impose. |
Any assistant judge so appointed shall have all the powers and privileges and may perform any of the duties of the judge, whether under this Act or otherwise, to whom he has been appointed assistant. |
An assistant judge shall be paid out of moneys provided by Parliament such remuneration and travelling allowances as may be allowed by the Treasury. |
In the application of this provision to a county court district the whole of which is within the Duchy of Lancaster, the Chancellor of the Duchy shall be substituted for the Lord Chancellor. |
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15.--(1) Any expenses properly incurred by a registration officer in the performance of his duties in relation to registration, including all proper and reasonable charges for trouble, care and attention in the performance of those duties, and any costs incurred by him as party to an appeal (in this Act referred to as "registration expenses") shall be paid by the council whose clerk the registration officer is, or by whom he is appointed, subject, in cases where the registration area is not coterminous with or wholly contained in the area of that council, to such contributions by the council of any other county or borough as the Local Government Board may direct. |
Any such expenses shall be paid in the case of the council of a county out of the county fund, and if the case requires as expenses for special county purposes, and in the case of the council of a borough out of the borough fund or borough rate, or, where there is no borough fund or borough rate, out of the fund or rate out of which the ordinary expenses of the council of the borough are paid. |
(2) The Treasury may frame a scale of registration expenses applicable to all or any class or classes of those expenses, and may alter the scale as and when they think fit. |
Any expenses incurred by the registration officer of a class to which the scale is applicable shall be taken to be properly incurred if they do not exceed the maximum amount determined by or in accordance with the scale, and so far as they do exceed that amount shall be taken not to have been properly incurred unless the excess is specially sanctioned by the council and the Treasury either before or after the expenses have been incurred. |
If any question arises whether any expenses incurred by the registration officer of a class to which the scale is not applicable have been properly incurred or not, that question shall be referred to the Local Government Board, and the decision of the Board on the question shall be final. |
(3) Any fees or other sum received by the registration officer in respect of his duties as such officer, other than sums paid to that officer in respect of his registration expenses, shall be accounted for by that officer and paid to the credit of the fund or rate out of which the expenses of that officer are paid. |
(4) There shall be paid out of moneys provided by Parliament to the council of any county or borough in aid of the fund or rate out of which any registration expenses are paid by the council, in accordance with this Act, one half of the amount so paid by the council. |
(5) On the request of the registration officer of any registration area for an advance on account of registration expenses, the council whose clerk the registration officer is may, if they think fit, make such an advance to him of such amount and subject to such conditions as the council may approve. |
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16.--(1) Where an urban district is coterminous with a registration area which is a parliamentary borough or is wholly contained in such area, this Part of this Act shall apply to that district as it applies to a municipal borough, with the substitution of the clerk of the urban district council for the town clerk, of the urban district council for the council of the borough, of the general district rate for the borough fund or borough rate, and of the chairman of the council for the mayor. |
(2) Any reference to a municipal borough in this Part of this Act shall include a reference to a metropolitan borough and the City of London, with the substitution, as respects a metropolitan borough, of the clerk of the metropolitan borough council for the town clerk, and of the metropolitan borough council for the council of the municipal borough, and as respects the City of London, of the Secondary for the town clerk and of the common council for the council of the municipal borough. |
Any registration expenses of a metropolitan borough council shall be paid as general expenses of the council, and any expenses of the common council shall be paid out of the general rate. |
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17.--(1) A freeman of the City of London, being a liveryman of one of the several companies who is entitled to be registered as a parliamentary elector in respect of a business premises qualification within the city, shall be entitled, if he thinks fit, to be entered in a separate list of liverymen in the register of parliamentary electors and to record his vote for Parliament as a liveryman. |
(2) The foregoing provision shall apply to the freemen of any borough if the council of the borough so resolve, and the expression "freemen" shall include any persons by whatever name called enjoying in that borough rights similar to those enjoyed by freemen of the city of London in that city. |
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18. Every person who is an assistant overseer at the time of the passing of this Act, and who suffers any direct pecuniary loss in consequence of this Act, shall be entitled to have compensation paid to him as registration expenses by the council responsible for the payment of registration expenses, and in determining such compensation-- |
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In this section the expression "assistant overseer" includes any person executing any of the duties of overseer, and receiving payment therefor. |
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19. The foregoing provisions of this Part of this Act shall not apply to university constituencies, but the governing body of every university forming, or forming part of, a university constituency shall cause a register to be kept in such form and made up, if desired, to such dates as they may direct, of persons entitled to vote in respect of a qualification at their university, and shall make the register available for the purpose of university elections for the constituency, and shall on the application of any person allow that person at all reasonable times to inspect and take extracts from the said register: |
Provided that the governing body may direct that a person who before the passing of this Act has received a degree, but was not entitled to vote in respect thereof, shall have no right to be registered unless he makes a claim for the purpose. |
The governing body of any such university may charge such fee as they think fit, not exceeding one pound, in respect of registration to any person who receives a degree at their university after the passing of this Act, or who has received a degree before the passing of this Act but was not entitled to vote in respect thereof. |
PART III |
METHOD AND COSTS OF ELECTIONS. |
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20.--(1) At a contested election for a university constituency, where there are two or more members to be elected, any election of the full number of members shall be according to the principle of proportional representation, each elector having one transferable vote as defined by this Act. |
(2)--(a) His Majesty may appoint Commissioners to prepare as soon as may be after the passing of this Act a scheme under which as nearly as possible one hundred members shall be elected to the House of Commons at a general election on the principle of proportional representation for constituencies in Great Britain returning three or more members. |
(b) The number of members of the House of Commons as fixed under this Act shall not be increased by any such scheme. For the purpose of such scheme the Commissioners shall (after holding such local inquiries as they may deem necessary) combine into single constituencies, returning not less than three nor more than seven members, such of the areas fixed as constituencies in the Ninth Schedule to this Act as they may select, but in selecting those areas they shall have regard to the advisability of applying the principle of proportional representation both to town and country. |
(c) The scheme so prepared by the Commissioners shall be laid before both Houses of Parliament, and if both Houses by resolution adopt the scheme, the scheme shall, with any modifications or additions which may be agreed to by both Houses, take effect as if it were enacted in this Act, and the constituencies fixed under the scheme shall be substituted, so far as necessary, for the constituencies fixed under the Ninth Schedule to this Act. |
(d) In any such constituency any contested election of the full number of members shall be according to the principle of proportional representation, each elector having one transferable vote as defined by this Act. |
(e) His Majesty may by Order in Council make any adaptation of the provisions of this Act as to the machinery of registration or election which may appear to him to be necessary in consequence of the adoption of the scheme. |
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(3) His Majesty may by Order in Council frame regulations prescribing the method of voting, and transferring and counting votes, at any election, according to the principle of the transferable vote and for adapting the provisions of the Ballot Act, 1872, and any other Act relating to parliamentary elections thereto, and with respect to the duties of returning officers in connection therewith; and any such regulations shall have effect as if they were enacted in this Act. |
(4) Nothing contained in this Act shall, except as expressly provided therein, affect the method of conducting parliamentary elections in force at the time of the passing of this Act. |
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21.--(1) At a general election all polls shall be held on one day, and the day fixed for receiving nominations shall be the same in all constituencies, and accordingly the First Schedule to the Ballot Act, 1872, shall be modified as shown in Part I. of the Second Schedule to this Act. |
In the case of a bye-election, the poll shall take place on such day as the returning officer may appoint, not being less than four or more than eight clear days after the day fixed for nomination, and the First Schedule to the Ballot Act, 1872, shall be modified accordingly. |
(2) Official telegraphic information of the writ having been issued for a parliamentary election may be given in such cases and by such persons as may be directed by His Majesty in Council, and any steps for holding an election which may be taken on or after the receipt of the writ may be taken on or after the receipt of an official telegraphic intimation of the writ having been issued. |
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(3) The time appointed for the meeting of the Parliament may be any time not less than twenty clear days after the proclamation summoning the Parliament; and the Meeting of Parliament Act, 1852, is hereby repealed. |
(4) Nothing in this section shall-- |
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22.--(1) If any person at a general election votes for more constituencies than he is entitled to vote for in accordance with this Act, or asks for a ballot or voting paper for the purpose of so voting, he shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883; and the expression "illegal practice" shall be construed accordingly: Provided that-- |
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(2) The questions set out in Part II. of the Second Schedule to this Act may be asked of any voter at a poll at a general election in addition to those authorised already to be asked; and unless there is an answer given in the negative, that person (except as provided in that Schedule) shall not vote. |
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23.--(1) For the purpose of giving persons whose names are entered on the absent voters list an opportunity of voting at a parliamentary election (other than a university election), the returning officer shall, where an election is contested, as soon as practicable after the adjournment of the election, send a ballot paper to each such person at the address recorded by the registration officer, together with a declaration of identity in the prescribed form. |
(2) The ballot paper marked by the absent voter and accompanied by the declaration of identity duly signed and authenticated shall, if it is received by the returning officer before the close of the poll, be counted by him and treated for all purposes in the same manner as a ballot paper placed in the ballot box in the ordinary manner. |
(3) During the continuance of the present war and a period of twelve months thereafter, for the purpose of allowing more time for the receipt of ballot papers from persons whose names are entered on the absent voters list, His Majesty may by Order in Council direct that the counting of votes at any elections to which the Order applies shall, instead of taking place as soon as practicable after the close of the poll, take place at such time (not exceeding eight days after the close of the poll) as may be fixed by the Order, and returning officers shall comply with any such direction; and in any such case any vote received by the returning officer from an absent voter before the time at which the votes are to be counted shall be reckoned in the count. |
(4) The following special provisions shall apply for the purpose of enabling persons whose names are entered on the absent voters list to appoint voting proxies in certain cases:-- |
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(i) that he is a naval or military voter and is serving, or about to serve, afloat or in any area on land abroad in which voting by proxy is permitted in pursuance of an Order in Council made under this section; or |
(ii) that he is a merchant seaman, pilot, or fisherman (including the master of a merchant ship or fishing boat and an apprentice on such a ship or boat) and that there is a likelihood that he will be at the time of a parliamentary election at sea or about to go to sea; shall be entitled, if he so desires, to appoint a proxy, and, having appointed a proxy, to vote by proxy at a parliamentary election in accordance with and subject to the provisions of this Act: |
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(5) A person whose name is entered on the absent voters list shall not be entitled to vote except as an absent voter in pursuance of this section. |
(6) His Majesty may by Order in Council prescribe the forms to be used for the purposes of this section, and make regulations as to the mode in which proxy papers may be issued and cancelled and in which ballot papers are to be sent to the voter for the purpose of voting by post and as to the authentication of any marked ballot papers, and generally for the purposes of carrying this section into effect and for preserving the secrecy of voting in pursuance thereof. |
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24. Where an elector for any constituency (other than a university constituency) is employed by the returning officer for that constituency for any purpose in connection with an election for that constituency, and the circumstances of that elector's employment are, in the opinion of the returning officer, such as to prevent him from voting at the polling station at which the elector would otherwise be entitled to vote, the returning officer may authorise the elector, by a certificate given in the prescribed form, to vote at any other polling station in the constituency, and that polling station shall, for the purpose of Rule 18 of Part I. of the First Schedule to the Ballot Act, 1872, be deemed to be the polling station allotted to that elector. |
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25.--(1) A candidate at a parliamentary election (other than a university election) shall be entitled, for the purpose of holding a public meeting in furtherance of his candidature, to the use at reasonable times between the receipt of a writ for the election and the day of the poll, of a suitable room in any public elementary school situated within the constituency for which he is a candidate: |
Provided that this enactment shall not authorise the use of any room used as part of a private dwelling-house nor authorise any interference with the school hours of an elementary day or evening school. |
(2) A charge may be made to cover any actual and necessary expenses incurred by the local education authority, or by the managers of the school, in respect of the preparation of the room before the meeting for the purposes of the meeting, and after the meeting for school purposes, and for warming, lighting, and cleaning the room. |
(3) If by reason of the use of any room under this Act any damage is done to the school-house, or to the furniture, fittings, or apparatus, the damage shall be defrayed by the person by whom, or on whose behalf, the meeting is convened. |
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26.--(1) A candidate at a parliamentary election, or someone on his behalf, shall deposit, or cause to be deposited, with the returning officer, during the time appointed for the election, the sum of one hundred and fifty pounds, and, if he fails to do so, he shall be deemed to be withdrawn within the provisions of the Ballot Act, 1872. |
(2) The deposit may be made by the deposit of any legal tender or, with the consent of the returning officer, in any other manner. |
(3) If after the deposit is made the candidate is withdrawn in pursuance of the provisions of the Ballot Act, 1872, the deposit shall be returned to the person by whom the deposit was made; and if the candidate dies after the deposit is made, and before the poll is commenced, the deposit, if made by him, shall be returned to his legal personal representative, or, if not made by him, shall be returned to the person by whom the deposit was made. |
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27.--(1) If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed, in the case of a constituency returning one or two members, one-eighth of the total number of votes polled, or in the case of a constituency returning more than two members one-eighth of the number of votes polled divided by the number of members to be elected, the amount deposited shall be forfeited to His Majesty; but in any other case that amount shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath as a member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared: |
Provided that where a candidate is nominated at a general election in more than one constituency he shall in no case recover his deposit more than once, and in such case the deposits shall be forfeited to His Majesty except such one as the Treasury direct to be returned to the candidate. |
(2) For the purposes of this section the number of votes polled shall be deemed to be the number of ballot papers (other than spoilt ballot papers) counted; and where the election is held under the system of the transferable vote the number of votes polled by a candidate shall be the number of votes polled by him as first preferences. |
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28. The returning officer at a parliamentary election (other than a university election) shall, notwithstanding anything in any other Act, be:-- |
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29.--(1) The returning officer at a parliamentary election (other than a university election) shall be entitled to his reasonable charges, not exceeding the sums specified in the scale of maximum charges framed under this section, in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connexion with the election. |
(2) The amount of any such charges shall be paid by the Treasury out of moneys provided by Parliament on an account being submitted to the Treasury in accordance with regulations made under this section; but the Treasury may, if they think fit, before payment apply to the court as defined by this section for the taxation of the account, and the court shall have jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer. |
On the request of the returning officer for an advance on account of his charges, the Treasury may, if they think fit, and on such terms as they think fit, make such an advance. |
(3) Where an application is made for the taxation of a returning officer's account, the returning officer may apply to the court to examine any claim made by any person against him in respect of matters charged in the account; and the court, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to, with or without costs; and the determination of the court shall be final for all purposes and as against all persons. |
(4) The Treasury shall prescribe a scale of maximum charges for the purposes of this section and may revise the scale as and when they think fit, and may also make regulations as to the time when and manner and form in which accounts are to be rendered to them for the purpose of the payment of the charges. |
(5) The court for the purposes of this section shall be, as respects an election in the City of London, the Mayor's Court; and elsewhere in England and in Ireland the county court having jurisdiction at the place of nomination for the election to which the proceedings relate; and as regards Scotland "the court" shall mean the Auditor of the Court of Session. |
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30. Except as herein provided the duties of returning officer at parliamentary elections (other than a university election) shall be discharged by the registration officer as acting returning officer, and the acting returning officer shall have all the powers, duties, rights and liabilities of the returning officer under any enactments relating to parliamentary elections, and those enactments (including this Act) shall have effect accordingly and the acting returning officer shall have power to appoint deputies. |
This section shall not apply to any duties which the returning officer reserves to himself and undertakes to perform in person. |
Any appointment of a deputy by the acting returning officer shall be subject to the approval of the Local Government Board. |
A returning officer at a parliamentary election shall not, if all his duties are discharged by the acting returning officer, be disqualified by reason of being returning officer for being a candidate at the election. |
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31.--(1) It shall be the duty of the council whose clerk is the registration officer for any constituency or by whom the registration officer is appointed, as occasion requires, to divide the constituency into polling districts, and to appoint polling places for the polling districts, in such manner as to give to all electors in the constituency such reasonable facilities for voting as are practicable in the circumstances: |
Provided that, before dividing any constituency in the administrative county of London into polling districts, the authority therefor shall send a draft of any scheme for that purpose to the London County Council, and shall take into consideration any representations made to them by that Council. |
(2) If a local authority, or not less than thirty electors, in a constituency make a representation to the Local Government Board that the polling districts or polling places do not meet the reasonable requirements of the electors in the constituency, or any body of electors, the Local Government Board shall consider the representation, and may, if they think fit, direct the council whose duty it is to divide the constituency into polling districts to make such alterations as the Board think necessary in the circumstances, and if the council fail to make those alterations within a month after the direction is given may themselves make the alterations, and any alterations so made shall have effect as if they had been made by the council. |
In this provision the expression "local authority" means as respects any constituency the council of any county, borough, urban or rural district, or parish wholly or partly situate in the constituency, or the parish meeting of any parish so situate where there is no parish council. |
(3) On the exercise of any powers given by this section the council by whom the powers are exercised shall send to the Local Government Board a report, and publish in the constituency a notice, showing the boundaries of any polling districts or the situation of any polling places constituted as a result of the exercise of the power. |
(4) An election shall not be questioned by reason of any non-compliance with the provisions of this section or any informality relative to polling districts or polling places. |
(5) This section shall not apply to university constituencies. |
(6) Nothing in this section shall affect any polling districts or polling places constituted before the passing of this Act until occasion arises for the exercise of the powers given by this section. |
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32. The place of election shall be fixed for each constituency (other than a university constituency) by the returning officer, and shall be-- |
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33.--(1) The provisions set out in the Fourth Schedule to this Act shall be substituted for Part IV. and paragraph (3) of Part V. of the First Schedule to the Corrupt and Illegal Practices Prevention Act, 1883 (which relate to the maximum scale of election expenses), and that Act shall have effect accordingly. |
(2) Any candidate at a parliamentary election shall, subject to regulations of the Postmaster-General, be entitled to send, free of any charge for postage, to each registered elector for the constituency, one postal communication containing matter relating to the election only, and not exceeding two ounces in weight: |
Provided that a candidate shall not be entitled to exercise the right of free postage conferred by this provision before he is duly nominated, unless he has given such security as may be required by the Postmaster-General for the payment of postage in case he does not eventually become nominated. |
For the purpose of this provision candidates who are, under paragraph (4) of Part V. of the First Schedule to the Corrupt and Illegal Practices Prevention Act, 1883, deemed to be joint candidates at an election shall be treated as a single candidate. |
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34.--(1) A person other than the election agent of a candidate shall not incur any expenses on account of holding public meetings or issuing advertisements, circulars or publications for the purpose of promoting or procuring the election of any candidate at a parliamentary election, unless he is authorised in writing to do so by such election agent. |
(2) If any person acts in contravention of this section, he shall be guilty of a corrupt practice other than personation within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and the expression "corrupt practice" shall be construed accordingly: |
Provided that the court before whom a person is convicted under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by section six of the Corrupt and Illegal Practices Prevention Act, 1883. |
(3) Any expenses incurred on account of any such purpose as aforesaid and authorised by the election agent of the candidate shall be duly returned as part of the candidate's election expenses. |
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35. The following Acts, that is to say,-- |
The Ballot Act, 1872; |
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The Parliamentary Elections (Returning Officers) Act, 1875; |
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The Parliamentary Elections Returning Officers Expenses (Scotland) Act, 1878; |
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The Parliamentary Elections and Corrupt Practices Act, 1880; |
The Corrupt and Illegal Practices Prevention Act, 1883; |
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The Municipal Elections (Corrupt and Illegal Practices) Act, 1884; |
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The Local Government (Elections) Act, 1896; |
shall become permanent Acts, and any provision in any Act in force at the date of the passing of this Act which limits the period for which any of those Acts are to remain in operation shall cease to have effect. |
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36.--(1) The provisions contained in Part I. of the Fifth Schedule to this Act shall have effect with respect to elections for university constituencies other than the Scottish university constituency, and the provisions contained in Part II. of that Schedule shall have effect with respect to elections for the Scottish University constituency, and His Majesty may, by Order in Council, make such regulations as appear necessary or desirable for giving full effect to those provisions and for the effective and proper conduct of those elections. |
Any such regulations may be made so as to be applicable generally to elections for university constituencies or specially to elections for any particular university constituency. |
(2) This Part of this Act shall, except as expressly provided, apply to university constituencies and university elections. |
(3) In the application of the provisions of this Act which are applicable to university constituencies and university elections to those constituencies and elections the following modifications shall have effect:-- |
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PART IV |
REDISTRIBUTION OF SEATS. |
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37.--(1) Each of the areas mentioned in the first column of the First Part of the Ninth Schedule to this Act shall be a parliamentary borough returning the number of members specified opposite thereto in the said Schedule, and where so provided in the Schedule shall be divided into the divisions specified therein, and each such division shall return one member. |
(2) Each of the areas mentioned in the first column of the Second Part of the Ninth Schedule to this Act shall be a parliamentary county returning the number of members specified opposite thereto in the said Schedule, and where so provided in the Schedule shall be divided into the divisions specified therein, and each such division shall return one member. |
(3) Each of the universities and combinations of universities mentioned in the Third Part of the Ninth Schedule to this Act shall be a constituency returning the number of members specified opposite thereto in the said Schedule. |
(4) The distribution of seats in Great Britain under this Part of this Act shall take the place of the distribution of seats existing at the time of the passing of this Act; and all writs for parliamentary elections and other documents consequent upon the writs or relating to parliamentary elections or the registration of electors shall be framed and expressed in such manner and form as may be necessary for carrying into effect the provisions of this Act. |
PART V |
GENERAL. |
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38. Where any person commits out of the United Kingdom any act which if that act had been committed in the United Kingdom would have rendered that person liable to prosecution and punishment under the Ballot Act, 1872, or the Corrupt and Illegal Practices Prevention Act, 1883 (as amended by any subsequent Act), or under this Act, that person shall be liable to be proceeded against and punished as though the act had been committed in the United Kingdom at any place where that person may for the time being be. |
For the purposes of any such prosecution any period prescribed as the period within which proceedings may be commenced shall be reckoned as from the date on which the person charged returned to the United Kingdom next after the commission of the offence. |
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39. The council having power to divide a constituency into polling districts shall, not later than one month after the passing of this Act, take into consideration the division of the constituency into polling districts, and make any rearrangements of those districts and of polling places which it appears necessary to make as a consequence of alterations effected by this Act. |
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40.--(1) All rules, regulations, or provisions made by Order in Council under this Act shall be laid before each House of Parliament forthwith; and unless and until an address is presented to His Majesty by either House of Parliament within the next subsequent twenty-one days on which that House has sat next after any such rule, regulation, or provision is laid before it, praying that the rule, regulation, or provision may be annulled, the rule, regulation, or provision shall have effect as if enacted in this Act. |
(2) Any Order in Council under this Act may be revoked or varied as occasion requires by any subsequent Order in Council. |
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41. In this Act, unless the context otherwise requires,-- |
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(a) capable of being given so as to indicate the voter's preference for the candidates in order; and |
(b) capable of being transferred to the next choice when the vote is not required to give a prior choice the necessary quota of votes, or when, owing to the deficiency in the number of the votes given for a prior choice, that choice is eliminated from the list of candidates: |
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42. The parliamentary and the local government franchises enacted by this Act shall take the place of all parliamentary and, so far as respects local government elections within the meaning of this Act, of all local government franchises existing at the time of the passing of this Act; and the provisions set out in the Sixth Schedule to this Act with respect to the adaptation of Acts shall have effect for the purpose of adapting the law to the provisions of this Act. |
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43. This Act shall apply to Scotland, subject to the following modifications:-- |
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(a) The word "borough" except as used in the expression "parliamentary borough" means "burgh"; |
(b) The expression "local government electoral area" means the area for which any county council, town council, parish council, or school board, is elected, and "local government election" means an election for any such council or board; |
(c) The expression "the Local Government Board" (except where otherwise expressly provided) means the Secretary for Scotland; |
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(d) The expression "Valuation Acts" means theLands Valuation (Scotland) Act, 1854, and any Acts amending the same; |
(e) The expression "governing body" used in relation to a university means the university court; |
(f) A reference to the Supreme Court shall be construed as a reference to the Court of Session; |
(g) A reference to the Court of Appeal shall be construed as a reference to the court of three judges of the Court of Session constituted by the twenty-third section of the Representation of the People (Scotland) Act, 1868; |
(h) A reference to the county court shall be construed as a reference to the sheriff court: |
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(a) A man who is of full age and not subject to any legal incapacity shall be entitled to be registered as a local government elector for a local government electoral area if he is on the last day of the qualifying period and has been during the whole of that period-- |
(i) the owner of lands and heritages within the area of the yearly value of not less than ten pounds: Where such lands and heritages are in the joint ownership of two or more persons and the aggregate yearly value of the lands and heritages is not less than the amount produced by multiplying ten pounds by the number of the joint owners, each of the joint owners shall be treated as owning lands and heritages of the yearly value of not less than ten pounds; or |
(ii) the occupier as tenant of lands and heritages within the area of the yearly value of not less than ten pounds: Where such lands and heritages are in the joint occupation as tenants of two or more persons, and the aggregate yearly value of the lands and heritages is not less than the amount produced by multiplying ten pounds by the number of the joint occupiers, each of the joint occupiers shall be treated as occupying lands and heritages of the yearly value of not less than ten pounds; or |
(iii) the inhabitant occupier as owner or tenant of a dwelling-house within the area; or |
(iv) the occupier of lodgings within the area of the yearly value if let unfurnished of not less than ten pounds: Where such lodgings are in the joint-occupation of not more than two persons and the aggregate yearly value as aforesaid of the lodgings is not less than twenty pounds, each of the joint lodgers shall be treated as occupying lodgings of the yearly value of not less than ten pounds; or |
(v) the inhabitant occupier by virtue of any office, service, or employment of a dwelling-house within the area which is not inhabited by the person in whose service he is in such office, service, or employment: |
(b) The ownership or occupation in immediate succession of different lands and heritages, dwelling-houses, or lodgings, as the case may be, in the same parliamentary county or in the same parliamentary borough shall have the like effect in qualifying a man to be registered as a local government elector for a local government electoral area therein respectively, as the continued ownership or occupation of the same lands and heritages, dwelling-houses, or lodgings within that area; |
(c) In this section "owner" shall include heir of entail in possession, life-renter, and beneficiary entitled under any trust to the rents and profits of lands and heritages and shall not include the fiar of lands and heritages subject to a life-rent, nor tutor, curator, judicial factor, nor commissioner; "lands and heritages" has the same meaning as in the Valuation Acts, and "dwelling-house" means any house or part of a house occupied as a separate dwelling: |
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(a) A woman who is not subject to any legal incapacity shall be entitled to be registered as a parliamentary elector for a constituency (other than a university constituency) if she has attained the age of thirty |
years, and if either she or her husband is on the last day of the qualifying period occupying as owner or tenant any land or premises in the constituency (hereinafter in this subsection called "the qualifying premises"), and has during the whole of the qualifying period so occupied any land or premises in the county or county of a city in which the qualifying premises are situated: |
(b) For the purposes of this subsection-- |
(i) the word "tenant" shall include a person who inhabits by virtue of any office, service, or employment any dwelling-house which is not inhabited by the person in whose service he or she is in such office, service, or employment: |
(ii) the word "tenant" shall include a person who occupies a room or rooms as a lodger only where such room or rooms are let to him or her in an unfurnished state: |
(iii) the expression "land or premises"means any land or premises (other than a dwelling-house) of the yearly value of not less than five pounds or any dwelling-house: |
(iv) a woman, though she or her husband may have been occupying land or premises in the constituency on the last day of the qualifying period, shall not be entitled to be so registered, if she or her husband, as the case may be, commenced to occupy the land or premises within thirty days before the end of the qualifying period and ceased to occupy them within thirty days after the commencement of such occupation: |
(v) the word "county" means a county inclusive of all burghs therein except a county of a city, and the word "dwelling-house"means any house or part of a house occupied as a separate dwelling: |
(vi) where land or premises are in the joint occupation of two or more persons, each of the joint occupiers shall be treated as occupying the same, provided that not more than two joint occupiers shall be so treated in respect of the same land or premises, unless they are bonâ fide engaged as partners, carrying on their profession, trade, or business on the land or premises, and provided further that in the case of land or premises (other than a dwelling-house) the aggregate yearly value thereof must be not less than the amount produced by multiplying five pounds by the number of joint occupiers: |
(c) A woman registered by virtue of this section shall be deemed to be registered by virtue of her own or her husband's local government qualification: |
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A person shall not be disqualified from being registered or from voting as a parliamentary or local government elector by reason that he is the town clerk or depute town clerk of any burgh or the assessor under the Valuation Acts in any burgh or county: |
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Each burgh, the town council whereof was entitled under the law in force at the passing of this Act to appoint an assessor for the purpose of parliamentary registration, and each county (exclusive of every such burgh), or, where any county is divided for the purpose of parliamentary elections, each part of the county (with the like exclusion) which lies within a separate parliamentary division, shall be a registration area; and the assessor of the burgh or county under the Valuation Acts, or where there are two or more such assessors, one of them appointed for the purpose of parliamentary registration by the town or county council, as the case may be, shall be the registration officer of that area, and all other assessors (if any) in that area shall, for the purpose of the registration of parliamentary and local government electors, be subject to the instructions of the registration officer and shall be bound to act on such instructions: |
Provided that, from and after the date when the first register under this Act shall have been completed, an officer of Inland Revenue shall not be appointed or continue to act as assessor for any burgh or county under the Valuation Acts without the consent of the Treasury: |
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Any expenses properly incurred by any registration officer in the performance of his duties in relation to registration, including all proper and reasonable charges for trouble, care, and attention in the performance of those duties and any cost incurred by him as party to an appeal (in this Act referred to as "registration expenses"), shall be paid by the council appointing the registration officer: Provided that, where a burgh within the meaning of the Local Government (Scotland) Act, 1889, is not a separate registration area, the council thereof shall pay to the council appointing the registration officer a contribution towards the registration expenses, and subsection (4) of section sixty and section sixty-six of that Act shall apply, with the necessary modifications, to such contribution. The amount necessary to defray any registration expenses or any contribution thereto, as the case may be, shall be assessed and levied in any one of the modes allowed by the Valuation Acts with respect to the costs and expenses of making up the valuation roll: |
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the expression "the council whose clerk the registration officer is" means "the council appointing the registration officer": |
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The returning officer at parliamentary elections (other than a university election) shall as heretofore be the sheriff of the sheriffdom within which the constituency is wholly situated or, where the constituency is situated in more than one sheriffdom, the sheriff specified in the Seventh Schedule to this Act, and the power of appointing deputies conferred by section eight of the Ballot Act, 1872, on certain sheriffs shall be exerciseable by any sheriff who is returning officer for more than one constituency or who, by reason of sickness or unavoidable absence, is incapacitated from performing any of the duties devolving upon him as returning officer, and in the event of no such appointment being made by a sheriff so incapacitated or in the event of any vacancy in the office of sheriff at the time when any of such duties require to be performed, the sheriff substitute at the place at which the writ for the election is appointed to be received shall act as returning officer, and shall perform all the duties and have all the powers (including the power of appointing deputies) of such returning officer: |
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In the case of parliamentary elections (other than an election for a university constituency), the place of election shall be a convenient room situated in such place as the Secretary for Scotland may by order from time to time determine: |
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(a) As regards any burgh or any registration unit therein, if the town council of the burgh so resolve, to show or distinguish in any spring register the names of persons entitled to vote as local government electors; or |
(b) As regards any county or any registration unit therein, if the county council of the county so resolve, to show or distinguish in any register other than the autumn register in those years in which county council elections fall to be held the names of persons entitled to vote as local government electors: |
Provided that-- |
(i) a resolution under this section shall not have effect unless it is passed as respects the spring register in any year before the first day of January in that year, and as respects the autumn register in any year before the first day of July in that year; |
(ii) for all the purposes of the registration of local government electors in any burgh or county or registration unit therein to which any such resolution applies, the last preceding local government register shall remain in force until a new local government register comes into force: |
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In this subsection "burgh" has the same meaning as in the Town Councils (Scotland) Act, 1900, and "county" means a county exclusive of any such burgh: |
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(a) Nothing in this Act shall take effect so as to deprive any royal or parliamentary burgh losing separate representation under this Act of any right, privilege, or status, whether for purposes of local government or otherwise, hitherto enjoyed by such burgh as a royal or parliamentary burgh; and |
(b) Nothing in this Act or in any Act in force at the passing of this Act as read with this Act shall take effect so as to confer upon any police burgh acquiring separate representation under this Act any rights, privileges, or status, whether for purposes of local government or otherwise, not enjoyed by other police burghs. |
In this subsection the references to royal, parliamentary, or police burghs shall be deemed to include references to the magistrates, town councils, and officers thereof, respectively, and the expression "separate representation" shall be construed as meaning the right to return, or to contribute as a burgh to return, a member, or members to Parliament. |
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44. This Act shall apply to Ireland subject to the following modifications:-- |
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The Lord Chancellor shall not sit as a member of the Court of Appeal on the hearing of appeals from the county court under this Act. |
In any county in which the jurisdiction of the county court is exercised for the time being by two or more county court judges, the appeals from the registration officer shall be dealt with by such one of those judges or his assistant judge as may be directed by the Lord Chancellor, or shall be distributed amongst those judges and their assistant judges according as may be so directed. |
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For the purposes of this Act, county court rules, orders, and scales of fees, costs, and charges may be made under sections seventy-nine, eighty-three, and eighty-four of the County Officers and Courts (Ireland) Act, 1877; but the provisions of those sections as to the concurrence of, or certification by, county court judges or the recorder shall not apply: |
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are performed by the registration officer, in person: Provided also that the persons who, at the passing of this Act, are town clerks for the county borough of Dublin and the county borough of Belfast, respectively, shall, so long as they hold their respective offices, be the registration officers for the parliamentary borough of Dublin and the parliamentary borough of Belfast, respectively, and that the last preceding proviso shall not apply in their case: |
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(a) A reference to the council by which the registration expenses of the registration officer for any constituency are to be paid shall be substituted for the reference to the council whose clerk the registration officer for any constituency is, or by whom the registration officer is appointed: |
(b) The powers of a council under the said provisions shall be exercised in accordance with rules made by the Local Government Board, and any exercise of the powers shall be subject to confirmation by that Board who may confirm the proposed division, appointment or alteration either with or without modifications, or may withhold confirmation: |
(c) The Board may cause a local inquiry to be held as respects any questions arising in connection with the said provisions, and article thirty-two of the schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to any such inquiry: |
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Provided that one month shall be substituted for six months in the application of this provision to a person who is a naval or military voter or who has been serving as a member of the naval, military, or air forces of the Crown at any time during the said six months and has ceased so to serve; |
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register shall not apply: |
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45. The provisions of this Act shall apply to the Isles of Scilly as if those isles were an administrative county, and as if the council of those isles were a county council, and any expenses incurred by the council under this Act shall be paid as general expenses of the council. |
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46.--(1) This Act shall come into operation on the passing thereof: Provided that nothing in this Act shall affect-- |
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(2) Notwithstanding anything in this Act, the first register to be prepared under this Act shall come into force on, and remain in force until, such date as His Majesty may fix by Order in Council, and His Majesty may by any such Order alter, in connection with the first register, any registration dates, including the dates governing the qualifying period, and direct that this Act shall have effect as so altered. |
(3) If any difficulty arises as to the preparation of the first register or the holding of the first elections after the commencement of this Act, the Local Government Board may by order do any matter or thing which appears to them necessary for the proper preparation of the register or the proper holding of the elections. |
(4) This section shall apply to any new register to be prepared and to any elections held during the continuance of the present war and a period of twelve months thereafter, as it applies to the first register to be prepared under this Act and to the first elections held after the commencement of this Act, respectively. |
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47.--(1) The enactments mentioned in the Eighth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. |
(2) This Act may be cited as the Representation of the People Act, 1918. |
S C H E D U L E S. |
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FIRST SCHEDULE. |
REGISTRATION RULES. |
Form of Register. |
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1. The register shall be framed in separate parts for each registration unit in the registration area. |
The registration unit shall be the parish where the parish is wholly contained in one voting area, and where a parish is contained in more than one voting area, shall be each part of the parish contained in a separate voting area; and for the purposes of this rule the expression "voting area" means any polling district, electoral division, borough, county district other than a borough, and any ward of a borough, county district, or parish, and any other area for which a separate election at which the register is to be used is held. |
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2. The register shall, as respects each registration unit, contain the names of those, who are entitled to vote as parliamentary electors and of those who are entitled to vote as local government electors, but shall be framed so as to show in separate divisions the names of those who are entitled to vote both as parliamentary and local government electors, the names of those who are entitled to vote as parliamentary electors but not as local government electors, and the names of those who are, entitled to vote as local government electors but not as parliamentary electors. |
Where a person whose name is entered as a local government elector in any registration unit is not entitled to vote in respect of that entry at the local government elections for all the local government electoral areas which comprise that unit, the registration officer shall place a mark against his name, with a note to signify that the person against whose name the mark is placed is not entitled to vote for the local government elections mentioned in the note, and any such vote shall be deemed to be part of the register. |
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3. The registration officer shall prepare and add as a supplement to the register a separate list for the whole registration area, or, where the area includes more than one constituency, for each constituency in the area, of persons entitled to vote as absent voters (in this Act referred to as the absent voters list) without, however, removing the names of those voters from any other part of the register Every such list shall be made up according, to polling districts. |
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4. Where the registration unit is situated in a parliamentary borough, the names in |
the register shall be arranged in street order, unless the authority whose clerk the registration officer is or by whom he is appointed considers that, having regard to the general character of the area forming the registration unit, arrangement in street order is inapplicable; and where the registration unit is situated in a parliamentary county, the names in the register shall be arranged in alphabetical order, unless the said authority considers that, having regard to the general character of the area forming the registration unit, arrangement in street order is possible and convenient. |
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5. The registers for the registration units making up any constituency, so far as they relate to parliamentary electors, shall together form the register of parliamentary electors for that constituency, and the registers of the registration units making up any local government electoral area, so far as they relate to local government electors, shall together form the register of local government electors for that area. |
Duty of Registration Officer to prepare and publish Lists. |
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6. It shall be the duty of the registration officer to cause a house to house or other sufficient inquiry to be made, and to prepare or cause to be prepared lists (in this Act referred to as electors lists) for each registration unit within his registration area of all persons appearing to be entitled to be registered as parliamentary or local government electors in the spring and autumn register respectively, and to publish those lists in the form in which the register is to be framed, as respects the lists for the spring register on or before the first day of February, and as respects the lists for the autumn register on or before the first day of August. |
The registration officer shall at the same time publish a notice specifying the mode in which, and the time within which, claims and objections are to be made under these rules. |
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7. The registration officer, where he does not himself perform the duties of overseers, may require the overseers of any parish which, or any part of which, forms a registration unit within his registration area to make the necessary inquiries and to prepare the electors lists for that unit and publish the lists in the unit on his behalf, and it shall be the duty of the overseers to furnish lists as so required, and also at any time, if required by the registration officer, to furnish that officer with information respecting any persons resident or occupying land or premises in their parish, or the removal of any person from the parish. |
Any reasonable expenses incurred by the overseers in performing any duties required of them in pursuance of this rule (including reasonable remuneration where the duties are performed by an assistant overseer or other paid officer) shall be paid by the registration officer as part of his registration expenses. In this rule the expression "overseers"includes any person for the time being executing any of the duties of overseers. |
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8. The registration officer shall publish, together with the electors lists, the corrupt and illegal practices list (if any) made by him under section thirty-nine of the Corrupt and Illegal Practices Prevention Act, 1883, or made by or sent to him under section twenty-four of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884. |
Claims to be Registered. |
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9. Any person who claims to be entitled to be registered as a parliamentary or local government elector, and who is not entered, or is entered in an incorrect place or manner or with incorrect particulars on the electors lists, may claim to be registered, or to be registered correctly, by sending to the registration officer a claim in the prescribed form not later than the eighteenth day of February where the claim is for the spring register, and the eighteenth day of August where the claim is for the autumn register. |
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10. The form of claim for a person making a claim on his own behalf shall contain a declaration of the qualification of the claimant to be registered, including a declaration that the claimant has attained the required age, and is a British subject, and of the character in which the claimant desires to be registered, that is to say, either as a parliamentary elector, or as a local government elector, or as a local government elector who is not entitled to vote for all local government elections, and where the claimant claims in respect of a non-residential qualification a declaration of residence or, in case such person has no settled residence, an address to which communications may be sent. A note shall also be added to the form warning the claimant that any false declaration for the purpose of this provision will involve a penalty. |
Where a claim is made on behalf of a claimant by another person, the registration officer shall not enter the name of the claimant on the register, unless the matters required to be stated in the declaration under the foregoing provision are proved to his satisfaction. |
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11. It shall be the duty of the registration officer to publish the lists of claimants, as respects the lists for the spring register not later than the twenty-fourth day of February, and as respects the lists for the autumn register not later than the twenty-fourth day of August. |
Objections. |
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12. Any person whose name appears on the electors lists for a constituency or local government electoral area may object to the registration of any person whose name is included in the electors lists for the constituency or the local government electoral area, as the case may be, by sending notice of objection in the prescribed form to the registration officer not later than the fifteenth day of February in the case of the spring register and the fifteenth day of August in the case of the autumn register, and may object to the registration of any person whose name is included in the list of claimants by sending notice of objection in the prescribed form to the registration officer not later than the seventh day of March in the case of the spring register and the fourth day of September in the case of the autumn register. |
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13. The registration officer shall, as soon as practicable after receiving any notice of objection, send a copy of the notice to the person in respect of whose registration the notice of objection is given. |
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14. It shall be the duty of the registration officer to publish a list of the names of persons to whose registration notice of objection has been given not later than the twenty-first day of February in the case of the spring register and not later than the twenty-first day of August in the case of the autumn register. |
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15. It Shall be the duty of the registration officer to publish a list of the names of persons included in the list of claimants to whose registration notice of objection has been given as soon as practicable after the seventh day of March in the case of the |
spring register and the fourth day of September in the case of the autumn register. |
Absent Voters List. |
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16. Any person entitled to be regisrered as a parliamentary elector may, not later than the eighteenth day of February where the claim is for the spring register, and the eighteenth day of August where the claim is for the autumn register, claim to be placed on the absent voters list; and the registration officer, if satisfied that there is a probability that the claimant, by reason of the nature of his occupation, service, or employment, may be debarred from voting at a poll at parliamentary elections held during the time the register is in force, shall place the claimant (if registered) on the absent voters list. |
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17. It shall be the duty of the registration officer, without any claim being made for the purpose, to place on the absent voters list any naval or military voter, unless-- |
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18. The Admiralty, the Army Council, and the Air Council, either directly or through officers appointed by them, shall in the prescribed manner furnish to the registration officers in the several constituencies such information as to the names and addresses, of Naval and Military voters and such other particulars as may be necessary for the purpose of their registration and of their voting as such, and it shall be the duty of the Local Government Board to render any assistance that may be required by the Admiralty, the Army Council, and the Air Council in conveying such information to the registration officers: |
Provided that the Admiralty, Army Council, and Air Council shall not be required to supply any particulars which in their declared Opinion would interfere with the proper conduct of the war. |
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19. The registration officer shall keep a record of any address which may be furnished to him by any person placed on the absent votors list, or by the Admiralty, Army Council, Air Council or Board of Trade, as the address which is to be for the time being the address of the voter for the purpose of the provisions, relating to voting by absent voters and, as soon as practicable, shall cause instructions to be sent to the voter as to the mode of voting under those provisions. |
The record of addresses shall be open to inspection under the same conditions that govern the register. |
Preparation of the register from the Lists. |
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20. The registration officer shall, as soon as practicable, consider all objections |
of which notice has been given to him in accordance with these rules, and for that purpose shall give at least five clear days' notice to the objector and to the person in respect of whose registration the notice of objection has been given, of the time and place at which the objection will be considered by him. |
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21. The registration officer shall also consider all claims of which notice is given to him in accordance with these rules, and in respect of which no notice of objection is given, and, if he considers that the claim may be allowed without further inquiry, shall given notice to the claimant that his claim is allowed. |
If the registration officer is not satisfied that any such claim can be allowed without inquiry, he shall give at least five clear days' notice to the claimant of the time and place at which the claim will be considered by him. |
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22. If on the consideration of any claim or objection it appears to the registration officer that the claimant, or person in respect of whose name objection is taken, is not entitled to be entered on the register in the character in which he claims to be registered, or in which he is entered on the list, but is entitled to be entered on the register in another character or in another place on the register, the registration officer may decide that the name of that person shall be so entered on the register. |
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23. The registration officer shall make such additions and corrections in the electors lists (including the absent voters list) as are required in order to carry out his decisions on any objections or claims, and shall also make any such corrections in those lists by way of the removal of duplicate entries (subject to any expression of choice by the person affected as to those entries), the expunging of the names of persons who are dead or subject to any legal incapacity, or the placing of marks or the correction of marks placed against the name of an elector, or otherwise as he thinks necessary in order to secure that no person is registered as a parliamentary elector in respect of more than one qualification in the same constituency, or as a local government elector in respect of more than one qualification-- |
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and otherwise to make those lists complete and accurate as a register. |
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24. Any person whose name shall appear in the list of parliamentary voters of any registration unit in any county constituency or district of boroughs, and who resides outside the polling district in which he is entitled to be registered, shall be at liberty to make his claim before the registration officer to vote at any other polling place within the same constituency. |
Any such person shall be admitted to vote at such polling place accordingly. |
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25. Where the registration officer makes any correction in the lists (including the absent voters list) otherwise than in pursuance of a claim or objection, or for the purposes of correcting a clerical error, he shall give notice to the person affected by the correction, and give that person an opportunity of objecting to the correction, and, if necessary, of being heard with respect thereto. |
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26. The registration officer shall make all the necessary corrections of the lists |
(including the absent voters list) and do everything necessary to form those lists into a register (with a separate letter and a separate series of numbers for each polling district) in time to allow the publication of the lists so corrected as a register as required by these rules. |
Duty to publish and deliver Copies of the Register. |
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27. It shall be the duty of the registration officer to publish the Spring register not later than the fifteenth day of April, and the autumn register not later than the fifteenth day of October in each year, by publishing a notice that a copy of the register is open to inspection at his office, and that copies of the part of the register relating to any registration unit are open to inspection during business hours in the registration unit at the place mentioned in the notice. |
It shall be the duty of the registration officer to keep copies of the register for inspection in his office, and also to arrange for copies of the part of the register relating to any registration unit being kept for inspection in that unit either in the principal post office (if the Postmaster General gives authority for the purpose) or at same other convenient place to which the public have access to be arranged by him. |
It shall be the duty of the registration officer to transmit a copy of the register, as soon as may be after it is published, to the Local Government Board. |
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28. It shall be the duty of the registration officer, on the application of any person during business hours and on payment of the prescribed fee, to furnish copies to the applicant of the register or of so much of the register as relates to any registration unit. |
Appeals from Registration Officer. |
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29. A person desiring to appeal against the decision of a registration officer must give notice of appeal in the prescribed form to the registration officer and to the opposite party, if any, when the decision is given or within five days thereafter, specifying the grounds of appeal. |
The registration officer shall forward any such notices to the county court in manner directed by rules of court together, in each case, with a statement of the material facts which, in his opinion, have been established in the case, and of his decision upon the whole case and on any point which may be specified as a ground of appeal, and shall also furnish to the court any further information which the court may require and which he is able to furnish. |
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30. Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of the fact for the purpose of enabling the county court (if the court thinks fit) to consolidate the appeals, or select a case as a test case. |
General. |
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31. Where the registration officer by these rules is required to publish any document and no specific provision is made as to the mode of publication, he shall publish the document by making copies of the document available for inspection by the public in his office, and in the chief post office (if the Postmaster General gives authority for the purpose), or some other convenient place in the area forming the registration unit to which the document relates and, if he thinks fit, in any other manner which is, in his opinion, desirable for the purpose of bringing the contents of the document to the notice of those interested. |
Any document required to be published shall be kept published for the prescribed time. |
Any failure to publish a document in accordance with these rules shall not invalidate the document, but this provision shall not relieve the registration officer from any penalty for such a failure. |
If any person without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties, or any copies of a document which have been made available for inspection in pursuance of these rules, he shall be liable on summary conviction to a fine not exceeding five pounds. |
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32. The registration officer shall, without fee, on the application of any person, supply forms of claims and notices of objections. |
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33. The registration officer shall, on the application of any person, allow that person to inspect, and take extracts from, or on payment of the prescribed fee, supply to that person copies of, the electors lists for any registration unit in his area and any claim or notice of objection made under these rules. |
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34. Any claim or notice of objection which is under these rules to be sent be the registration officer may be sent to him by post addressed to him at his office. |
Any notice which is required to be sent by the registration officer under these rules to any person shall be sufficiently sent if sent by post to the address of that person as given by him for the purpose, or as appealing on the lists, or if there is no such address, to his last know place of abode. |
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35. The registration officer may require any householder or any person owning or occupying any land or premises within his area, or the agent or factor of such person, to give, in the prescribed form, any information in his possession which the registration officer may require for the purpose of his duties as registration officer; and if any person fails to give the required information, or gives false information, he shall be liable, on summary conviction, to a fine not exceeding twenty pounds. Any notice requiring information under this rule may be sent by post. |
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36. The registration officer shall, subject to such directions as the Local Government Board may give, have access to the national register compiled under the National Registration Act, 1915. |
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37. The registration officer, before registering any person as an elector, may, if he thinks it necessary-- |
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Where a declaration is so required, any fee payable in connection therewith shall be paid by the registration officer as part of his registration expenses, and the declaration shall be exempt from stamp duty. |
The registration officer shall during business hours allow any person to inspect and take a copy of any such declaration. |
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38. Where for the purpose of the provisions of this Act any person requires a certificate of birth, that person shall on presenting a written requisition in the prescribed form and containing the prescribed particulars, and on payment of a fee of sixpence, be entitled to obtain a certified copy of any entry of the birth of that person in the birth register under the hand of the registrar or the superintendent registrar having the custody thereof, and forms of requisition for the purpose shall on application be supplied without charge by every registrar of births and deaths and by every superintendent registrar. |
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39. On the consideration of any claim or objection or other matter by the registration officer, any person appearing to the registration officer to be interested may appear under be heard either in person or by any other person, other shall counsel, on his behalf. |
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40. The registration officer may at the request of any person interested, or if he thinks fit without such request, on the consideration of any claim or objection or other matter require that the evidence tendered by any person should be given on oath and may administer an oath for the purpose. |
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41. No misnomer or inaccurate description of any person or place on any list or on the register or in any notice shall prejudice the operation of this Act or these rules as respects that person or place, provided that the person or place is so designated as to be commonly understood. |
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42. In reckoning time for the purpose of these rules, Sunday, Christmas Day, Good Friday, and any bank holiday or day set apart as a public holiday, or day of public fast, or public thanksgiving shall be excluded; and where anything is required by these rules to be done on any day falls to be done on any such day, that thing may be done on the next day not being one of any such days. |
Application of Rules to Scotland and Ireland. |
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43. These rules shall apply to Scotland subject to the following modifications, namely:-- |
The Secretary for Scotland shall be substituted for the Local Government Board: |
The provision for the transmission of a copy of the register to the Local Government Board shall not apply: |
Rule 2 shall apply as if after the words "in separate divisions" there were inserted the words "or otherwise to distinguish": |
For the reference to section twenty-four of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, there shall be substituted a reference to section twenty-nine of the Elections (Scotland) (Corrupt and Illegal Practices) |
Act, 1890. |
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44. These rules shall apply to Ireland subject to the following modifications, namely:-- |
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(a) where a district electoral division is divided into wards, each such ward shall be treated as a separate registration unit; and |
(b) where a district electoral division is situate partly in one parliamentary polling district, partly in another, or partly within and partly without any town (within the meaning of the Local Government (Ireland) Act, 1898), or ward of a borough or town, each part shall be treated as a separate registration unit; |
and references to parishes or parts of parishes shall not apply. |
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In order to give full effect to the foregoing provision the clerk of the crown and peace for a county borough shall, as respects any parliamentary borough for which he is registration officer, appoint the town clerk of the county borough to act as his deputy for the purposes of Rules 9 to 15 and for the purpose of publishing the lists and notices to be published under Rules 6 and 8 of this Schedule if the town clerk so desires, and any town clerk so appointed shall, for the purposes aforesaid, have the like powers and duties and be subject to the like liabilities as if he were registration officer. |
Any question which may arise as to what duties are analogous duties within the meaning of the provision aforesaid shall be determined by the Local Government Board, whose determination shall be final. |
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under this provision shall be treated for the purposes of this Act as part of the registration expenses of the registration officer on whose requisition the services were performed or the expenses were incurred. |
This provision shall apply to any superintendent registrar of births and deaths or clerk of the union who is not an existing clerk of the union, so far as respects lists or information supplied by him on the requisition of the registration officer in connection with deaths in like under as it applies to overseers. |
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SECOND SCHEDULE. |
PART I. |
MODIFICATIONS OF THIS BALLOT ACT, 1872 (FIRST SCHEDULE). |
The following provisions shall be inserted in the First Schedule to the Ballot Act, 1872, after Rules 2 and 14 respectively, that is to say:-- |
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PART II. |
Questions. |
1. In the case of a man voting in respect of a residence qualification-- |
Have you already voted at this general election in respect of a residence qualification? |
2. In the case of a man voting in respect of a qualification other than a residence qualification-- |
Have yon already voted at this general election in respect of a qualification other than a residence qualification? |
3. In the case of a woman voting at an election other than a university election-- |
Have yon already voted at this general election? |
[NOTE.--Unless the answer to the question is in the negative the woman shall not vote unless she satisfies the presiding officer that her previous vote was given at a university election.] |
Declarations at University Election. |
(Applicable only at a General Election.) |
(In the case of a man)--"I have not voted at this general election in respect of any qualification other than a residence qualification." |
(In the case of a woman)--"I have not voted at this general election for any other university constituency." |
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THIRD SCHEDULE. |
PROVISIONS AS TO VOTING BY PROXY. |
1. A proxy must be appointed by means of a proxy paper issued to the elector, or to some person on behalf of the elector, or to the person appointed as proxy, by the registration officer of the constituency in which the elector is registered, on an application made or authorised by the elector in accordance with regulations under this, Act. |
2. After a proxy paper for any constituency has been issued in accordance with this Act, the elector shall, unless the proxy paper is cancelled in accordance with this Act,-- |
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until the time for which the proxy paper is in force has expired. |
3. It shall be the duty of the registration officer, on any application for a proxy paper, to issue a proxy paper to the applicant, or to some person on his behalf, or to the person appointed as proxy, if he is satisfied that the applicant is registered on the parliamentary register of electors for the constituency in respect of which the application is made, and is, at the time of the application, entitled to appoint a proxy. |
4. A proxy paper shall remain in force only so long as the parliamentary register of electors which is in force at the time the proxy paper is issued, remains in force: |
Provided that a proxy paper issued during the continuance of the present war, or a period of twelve months thereafter, shall remain in force until the termination of that period, so long as the elector continues to be registered and the proxy paper is not cancelled. |
5. A person shall not be appointed as proxy under this Act, unless the person appointed is the wife, husband, parent, brother, or sister of the elector, or is registered as a parliamentary elector for the constituency or one of the constituencies in which the elector is registered: |
Provided that the brother or sister shall not be capable of being appointed proxy unless of full age. |
6. An elector shall of appoint more than one person as proxy to vote on his behalf in the same constituency, and in any case not more than two persons. |
7. A person shall not vote as proxy on behalf of more than two absent voters at an election in any constituency, unless that person is voting as the husband or wife, or the parent, brother, or sister of the absent voter. |
8. A registration officer shall keep a list of absent voters entitled to vote by proxy in any constituency within his area, and of the persons entitled to vote as proxies, and |
that list shall be open to inspection during business hours at some convenient place named by the registration officer in the constituency. |
A registration officer shall, on the application of any person, allow that person to take extracts from, or, on payment of the prescribed fee, supply to that person copies of the list. |
9. The Ballot Act, 1872, and any other Act regulating the holding of parliamentary elections, including any provisions imposing penalties in connection with voting at those elections, shall apply to persons voting as proxies in pursuance of this Act as they apply to voters, however described in those Acts, with such modifications as may be prescribed for the purpose of adapting the provisions of those Acts to voting by proxy; and any provisions of those Acts imposing penalties for offences in connection with ballot papers or the official mark on a ballot paper may be applied by the regulations to proxy papers and any official mark on a proxy paper. |
10. If any person-- |
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that person shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and the expression "illegal practice" shall be construed accordingly: Provided that the court before whom a person is convicted under this provision may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by section ten of the Corrupt and Illegal Practices Prevention Act, 1883. |
11. A ballot paper shall not be delivered to a person who claims to vote as proxy for the purpose of so voting unless he produces the proxy paper to the presiding officer at the polling station, and such questions may be asked of any person at a parliamentary election who claims to vote as proxy for any elector (in addition to those already authorised to be asked) as may be prescribed. |
12. Stamp duty shall not be chargeable on any proxy paper under this Act. |
13. A proxy paper may be cancelled by an elector by giving notice to the registration officer in the prescribed form. |
14. A notice cancelling a proxy paper shall not take effect as respects any election unless it is received by the registration officer before the day of nomination. |
15. In thee application of this schedule to Scotland the expression "the registration officer of the constituency in which the elector is registered" means "the registration officer of the registration area in which the elector is regisrered." |
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FOURTH SCHEDULE. |
PROVISIONS TO BE SUBSTITUTED FOR PART IV. OF THE FIRST SCHEDULE TO 46 & 47 VICT C. 51, AND FOR PARAGRAPH (3) OF PART V. OF THE SAME SCHEDULE. |
Maximum Scale. |
The expenses mentioned above in Parts I., II., and III. of this schedule, other than personal expenses and the fee, if any, paid to the election agent (not exceeding in the case of a county election seventy-five pounds and of a borough election fifty pounds, without reckoning for the purposes of that limit any part of the fee which may have been included in the expenses first above mentioned) shall not exceed an amount equal-- |
in the case of a county election to sevenpence for each elector on the register; |
in the case of an election for a borough to fivepence for each elector on the register. |
Where there are two or more joint candidates at an election, the maximum amount of expenses mentioned in Parts III. and IV. of this schedule shall, for each of the joint candidates, be the amount produced by multiplying a single candidate's maximum by one-and-a-half and dividing the result by the number of joint candidates. |
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FIFTH SCHEDULE |
PART I.--PROVISIONS AS TO UNIVERSITY ELECTIONS OTHER THAN SCOTTISH UNIVERSITY ELECTIONS. |
Returning Officer. |
1. The returning officer shall be-- |
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and the writ for any election of a member or members for Parliament for a university constituency shall be directed to the returning officer of that constituency. |
2. It shall be the duty of the returning officer to make all arrangements for the election, including arrangements for the nomination of candidates, and the poll and counting of votes, and to certify the result of the election in pursuance of the writ. |
Nomination. |
3. The nomination shall take place on such day and at such time and place as may be fixed by the returning officer, being not less than four days and not more than twelve days after the receipt of the writ, and the returning officer shall give public notice of the day, time, and place so fixed within two days after he receives the writ. |
4. The candidate must be nominated in writing by two electors as proposer and seconder and by eight other electors as assenting to the nomination, and his nomination must be delivered to the returning officer by some elector. |
5. If, at the expiration of the time fixed for nomination, no more candidates are nominated |
than there are vacancies to be filled up, the returning officer shall declare the candidates who stand nominated to be elected and certify the result of the election accordingly. |
6. If, at the expiration of the time fixed for nomination, more candidates stand nominated than there are vacancies to be filled up, the returning officer shall arrange for a poll to be taken. |
7. A candidate may be withdrawn in manner provided by regulations made under this Act, and if, owing to the withdrawal of a candidate after nomination, a poll becomes unnecessary, the returning officer shall countermand the poll and declare any candidate elected whose nomination remains standing. |
8. If one of the candidates nominated dies after he has been nominated and before the commencement of the poll, the returning officer shall countermand the poll and other proceedings for the election and commence the same again as if the writ had been received by him on the day on which he is satisfied of the fact that the death took place. |
No fresh nomination shall be required in the case of a candidate who stood nominated at the time the poll was countermanded. |
Poll. |
9. The poll shall remain open for five days, and shall take place on such days as may be fixed by the returning officer commencing not more than twelve and not less than three clear days after the day of nomination. |
10. The returning officer shall appoint such polling places as appear to him to allow reasonable facilities for voting, and may give special directions that certain electors shall be allotted to certain polling places. |
11. An elector may vote at a poll by the delivery of a voting paper (signed by the voter at any time subsequent to the nomination) in the form appended to this part of this schedule or in a form to the same effect and accompanied with a like declaration, or, unless the returning officer directs to the contrary, in person, and may so vote at any polling place if he has not been allotted to any polling place, or, if he has been so allotted, at any polling place to which he has been so allotted. |
The returning officer may give a special direction that votes shall not be given in person at the election, or that votes may be given in person on certain days of the poll only. |
12. A voting paper may be delivered at a polling place on behalf of the voter by an elector, or by being sent to the presiding officer at the polling place by post, and any voting paper received by a presiding officer as a polling place at which the elector may vote before the close of the poll shall be counted unless rejected as invalid. |
Voting papers may also be sent to the returning officer by post, and any voting papers so received by the returning officer shall be sent by him to the proper presiding officer. |
13. The poll shall be open for such time between the hours of 8 a.m. in the morning, and 8 p.m. in the evening, not being less than four hours, as the returning officer may direct, except that, if votes in person the received, but are not received on all the days of the poll, six hours shall be substituted for four as respects the days on which |
votes are so received as the minimum time under this provision. |
14. The returning officer shall give public notice of the days and hours of poll and of the polling places appointed, and of any special directions given by him as to the days or hours of poll, or the allotment of electors to certain polling places, or as to voting in person. |
15. The returning officer shall appoint a presiding officer for every polling place at which he does not act as a presiding officer himself and the presiding officer shall have general control over the arrangements for voting at the polling place and shall record the votes of electors voting in person and receive voting papers. |
16. Each candidate may appoint a person to be the candidate's representative at each polling place, and a candidate's representative may object to any voting paper received at the polling place or to the vote of any person claiming to vote in person at that place, and the presiding officer shall submit any such objection to the returning officer for decision. |
17. The returning officer shall decide on the validity of any voting paper to which objection is taken, or on the right of any person to vote in person, if that right is questioned, and the decision of the returning officer, if the voting paper or the right to vote is allowed, shall be final, but, if the voting paper or the right to vote is disallowed, shall be subject to reversal on any proceeding, questioning the election or return. |
18. The register kept in pursuance of this Act shall be conclusive as to the right of any person to vote at the poll; but this provision shall not entitle any person to vote if that person is subject to any legal incapacity. |
A person shall not be entitled to be placed on the register as a graduate until the university authorities are satisfied that the grant of the degree is complete. |
Counting of Votes. |
19. After the poll if closed all voting papers received at any polling place and a record of votes (if any) given by electors in person shall be placed in a proper receptacle and sealed up and delivered to the returning officer, and the returning officer shall, as soon as practicable after the receipt of the votes from all the polling places, count the votes and publish the result. |
20. The voting papers counted, find the record of votes (if any) given by electors in person, and any papers which have been rejected as invalid and a list of persons (if any) who have tendered their votes in person but who have not been allowed to vote, shall be placed in separate packets, and shall be kept by the returning officer for a period of twelve months after the close of the poll. |
21. The returning officer shall give notice to the candidates of the time and place for counting the votes, and shall permit any candidate and a representative authorised by the candidate for the purpose to be present at the count. |
No person other than the returning officer, his assistants and clerks, and the candidates and representatives so authorised shall be entitled to be present at the count except with the sanction of the returning officer. |
22. Where an equality of votes is found to exist between any candidates on a final count and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer whether an elector or not may give a deciding vote, but the returning officer shall not be entitled to vote at the election in any other case. |
Special Provisions for a Combined University Constituency. |
23. In a combined university constituency the Vice-Chancellor, or the person performing the duties of a Vice-Chancellor, at each university forming the combination, shall, for the purpose of making arrangements for the poll and the holding of the poll, have at the university the powers and perform the duties of the returning officer (including the power and duty of deciding upon the validity of voting papers and the right of a person to vote). |
24. Arrangements may be made for counting votes at an election for a combined university constituency at each of the universities forming the combination, if the transferable vote is not used at that election, and for a record of the votes counted at each university being sent to the returning officer for the combined constituency in order that he may ascertain and declare the result of the election. |
General. |
25. The returning officer shall appoint such deputies and clerks as he may think necessary for the proper holding of the election, and shall supply a form of voting paper to any elector applying for such a form, and shall supply forms of nomination papers. |
The governing body of the University may designate an officer of the University to act temporarily as returning officer in the event of a vacancy in the office of returning officer or in the event of his incapacity to appoint a deputy. |
26. Any expenses reasonably incurred by the returning officer in connection with the arrangements for a university election and the conduct thereof shall be repaid to the returning officer by the University. |
In the case of a combined University constituency any such expenses incurred by the Vice-Chancellor or corresponding officer, of each University shall be paid by the University whose Vice-Chancellor or officer has incurred the expenses, and any other such expenses shall be paid in equal shares by the Universities forming the combination. |
In the case of a combined University constituency any candidate's deposit which is forfeited to the University shall be retained by, or paid to, the University whose Vice-Chancellor or other officer is the returning officer of the combined constituency and applied by that University in the payment of the expenses which are under this provision to be paid in equal shares by the Universities forming the combination. |
27. A voting paper shall be deemed to be a public document within the meaning of subsection (3) of section four of the Forgery Act, 1913, and section five of the Perjury Act, 1911, applies to any declaration or statement made in the voting paper. |
28. A voting paper shall not be liable to stamp duty. |
29. If any person, for the purpose of enabling an elector to vote at a university election, corruptly pays on his behalf any fees which the elector is required to pay in order to be registered or entitled to vote, he shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and that Act shall apply accordingly. |
30. In reckoning time for the purpose of the provisions in this Schedule, Sunday, Christmas Day, Good Friday, and any day set apart as a bank or public holiday or day of public fast or public thanksgiving shall be excluded; and where anything is required by these provisions to be done on any day falls to be done on any such day that thing may be done on the next day not being one of any such days. |
31. If regulations are made under this Act as to the manner in which public notice is to be given under the provisions of this Schedule, public notice shall be given in manner directed under any such regulations for the time being in force, and if no such regulations are in force shall be given in such manner as the Returning Officer considers hest fitted for giving notice to the persons concerned. |
32. An election shall not be declared invalid by reason of non-compliance with these provisions if it appears to the tribunal cognisant of the case that the election was conducted in accordance with the principle of these provisions and that the non-compliance with these provisions did not affect the result of the election. |
Form of Voting Paper. |
I, A.B. |
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I declare that I have signed no other voting paper and have not voted in person at this election for the university constituency of |
2 I also declare-- |
(In the case of a man) that I have not voted at this general election in respect of any qualification other than a residence qualification; |
(In the case of a woman) that I have not voted at this general election for any other university constituency. |
Signed A.B. |
Address . |
The day of 19 . |
I declare that this voting paper (the voting paper having been previously filled in), was signed in my presence by A.B., who is person by known to me, on the day of 19 . |
1 This form will require modification where the transferable vote is not used atthe election. |
2 This declaration is to be made only at a general election. |
Signed C.D. |
Address . |
PART II. |
PROVISIONS AS TO SCOTTISH UNIVERSITY ELECTIONS. |
Returning Officer. |
1. The returning officer for the combined Scottish University constituency shall be the Vice-Chancellor of the University of Edinburgh, to whom the writ for any election of a member or members of Parliament for that constituency shall be directed. |
2. It shall be the duty of the returning noticer to make all arrangements for the election, including arrangements for the nomination of candidates, and (where a poll is necessary) for the poll and counting of votes, and to certify the result of the election in pursuance under of the writ. |
3. The returning officer shall give notice to the candidates of the days fixed for the poll and of the time and place for counting the votes, and any candidate and an agent appointed by any candidate for the purpose may be present at the poll and the count. |
No person other than the returning officer, his assistants and clerks, and the candidates and their agents shall be entitled to be present at the count except with the sanction of the returning officer. |
Nomination. |
4. The nomination shall take place on such day and at such time and place as may be fixed by the returning officer, being not less than four days and not more than eight days after the receipt of the writ, and the returning officer, shall give public notice of the day, time, and place so fixed within three days after he receives the writ. |
5. The candidate must be nominated in writing by two electors as proposer and seconder and by eight other electors as assenting to the nomination, and his nomination must be delivered to the returning officer by some elector. |
6. If, at the expiration of the time fixed for nomination, no more candidates are nominated than there are vacancies to be filled up, the returning officer shall declare the candidates who stand nominated to be elected and certify the result of the election accordingly. |
7. If, at the expiration of the time fixed for nomination, more candidates stand nominated than there are vacancies to be filled up, the returning officer shall arrange for a poll to be taken. |
8. A candidate may be withdrawn in manner provided by regulations made under this Act, |
and if, owing to the withdrawal of a candidate after nomination, a poll becomes unnecessary, the returning officer shall countermand the poll and declare any candidate elected whose nomination remains standing. |
9. If one of the candidates nominated dies after he has been nominated and before the commencement of the poll, the returning officer shall countermand the poll and other proceedings for the election and commence the same again as if the writ had been received by him on the day on which he is satisfied of the fact that the death took place. |
No fresh nomination shall be required in the case of a candidate who stood nominated at the time the poll was countermanded. |
Poll. |
10. The poll shall remain open for not less than four days nor more than six days, and shall take place on such days as may be fixed by the returning officer, commencing not more than twenty and not, less than twelve clear days after the day of nomination. |
11. The poll at each University shall be open at such place and for such time each day between the hours of 8 a.m. and 8 p.m. not being less than four hours, the Vice-Chancellor of the University may direct. |
12. The Vice-Chancellor of each University shall give public notice of the days and hours of poll and of the polling place appointed. |
13. The Vice-Chancellor or each University shall at the University act as presiding officer and shall have general control over the arrangements for the conduct of the poll at such University. |
14. No person other than the Vice-Chancellor, the registrar, their assistants and clerks, and the candidates and their agents shall be entitled to be present at the poll except with the sanction of the Vice-Chancellor. |
15. The Vice-Chancellor of each University shall as regards the voting papers relating to such University decide on the validity of any voting paper to which objection is taken, or on the right of any person to vote, and the decision of the Vice-Chancellor, if the voting paper or the right to vote is allowed, shall be final, but, if the voting paper or the right to vote is disallowed, shall be subject to reversal on any proceeding questioning the election or return. |
16. The register kept in pursuance of this Act by the University Court shall be conclusive as to the right of any person to vote at the poll; but this provision shall not entitle any person to vote if that person is subject to any legal incapacity. |
17. Votes shall be given by means of voting papers, and no elector shall be allowed to vote in person, or in any other way than is herein provided. Each voting paper shall be in the form (A) appended to this Schedule. Each voting paper shall have a number printed or written on the back thereof, and shall have attached a counterfoil with the same number printed or written on the face. Before a voting paper is issued to an elector as herein-after provided, it shall be marked with an official mark, either stamped or perforated, and the number of such elector, as stated on the register shall be marked on the counterfoil, and a mark shall be placed in the register or any copy thereof used for the purposes of the election against the number of the elector to denote that a voting |
paper has been issued to him. |
18. The registrar of each University, as soon as he conveniently can after the day of nomination, and not later than eight clear days thereafter, shall issue through the post a voting paper, in the form (A) appended to this Schedule, to each elector to his address as entered on the register who shall appear from said address to be resident within the United Kingdom or the Channel Islands; and such voting paper (the Christian name, surname, designation, and residence of the elector as appearing on the register having previously been filled in by the registrar, or some one having his authority), contained in an envelope marked on the outside as sent by the registrar of the University, shall be accompanied by a letter of intimation in the form (B) appended to this schedule, and by a stamped envelope addressed to the registrar, for the return of the said voting paper; and each elector, upon receipt of his voting paper, if he desires to vote in the election, shall record his vote thereon, and the place and date of signature, and affix his subscription thereto, in the presence of one witness, who shall personally know the elector, and who shall attest the fact of such voting paper having been signed by the elector in his presence at the place therein mentioned, by signing his name at the foot thereof, and adding his designation and place of residence in the form or to the effect set forth in the form (A) appended to this schedule. |
19. Thereafter the voting paper so signed and attested as aforesaid, shall, if the elector desires to vote in the election, be returned through the post to the registrar of the University by whom it was issued, so as to reach him not later than the time specified in the said letter of intimation for the return of the voting paper. Each voting paper, when received back by the registrar, shall be kept by him unopened in a fireproof safe, or other place of safety, until the poll begins. |
20. If an elector, before or after he has received a voting paper, shall intimate or cause to be intimated in writing to the registrar that he is incapacitated from blindness or other physical cause to vote in the manner prescribed by this, Act, it shall be lawful for the registrar, on getting back the voting paper from the elector, if such has been issued, to issue to the elector so incapacitated a voting paper in the form or to the effect Act forth in the form (C) appended to this schedule; and on said voting paper being received by the elector, it shall be competent for him to record his vote by the hand of a justice of the peace in the manner therein directed; and the said justice of peace shall certify and attest the fact of his having been requested and authorised by the elector to sign said voting paper for him, and of its having been so signed by him in the presence of the elector by signing an attestation in the form (C) aforesaid; and such voting paper, when received by the registrar, shall have the same effect and be similarly dealt with as a voting paper signed by an elector in the form (A) appended to this schedule. |
21. An elector who has not received a voting paper sent by post as aforesaid to his address as appealing on the register, or who has before re-delivery thereof to the registrar, inadvertently spoilt his voting paper in such manner that it cannot be conveniently used as a voting paper, or who has, lost his voting paper, may, on his transmitting to the registrar a declaration signed by himself before a justice of the peace setting forth the fact of the non-receipt, the inadvertent spoiling, or the loss of the voting paper, require the registrar to send him a new voting paper in place of the one not received, or spoilt, or lost; and in case the voting paper has been spoilt, the spoilt voting paper shall be returned to the registrar, and when received by him shall be immediately cancelled, and in every case where a new voting paper is issued a mark shall be placed opposite the number of the elector's name on the register, to denote that a new voting paper has been issued in place of the one not received, or spoilt, or lost. |
22. An elector who does not appear from his address as entered on the register to be resident within the United Kingdom or the Channel Island, may apply in writing to the |
registrar to send a voting paper to him to an address within the United Kingdom or the Channel Islands. |
23. The registrar, upon receiving an application in terms of either of the two preceding provisions hereof at any time before the day on which the poll begins, shall forthwith transmit a new voting paper, or a voting paper, as the case may be, to the address as appearing on the register, or to the address within the United Kingdom or Channel Islands as the case may be: Provided that the registrar shall open all letters coming addressed to him from the Dead Letter Office after the date of his issuing the voting papers, in order to ascertain and make public the names and addresses of the electors whose voting papers have not reached them, which he shall do by exhibiting publicly at his office in the University as they reach him a list of the names and addresses of the electors whose letters have been returned to him from the Dead letter office, for the information of all concerned. |
24. When the poll begins, the voting papers shall be opened and examined by the registrar in the presence of the Vice-Chancellor and any candidate or agent of a candidate who may attend, and the voting papers found to be marked with the official mark and the number on the back as appearing on the counterfoil, and otherwise regular, shall be put apart until the end of the poll. Any voting paper which has not the official mark and the number on the back as appealing, on the counterfoil, or which is in the opinion of the Vice-Chancellor otherwise invalid, shall act be counted as a vote in the election, but shall be sealed up in a paper apart, marked on the back thereof with the words "voting papers received but disallowed," and initialled by the Vice-Chancellor. |
25. It shall be lawful for any candidate or the agent of any candidate who may be in attendance at the poll, to inspect any voting paper and to object to it on one or more of the following grounds:-- |
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Provided, that in ease the objection offered to any voting, paper shall be that it is forged or falsified, such voting paper shall not on that ground alone be disallowed by the Vice-Chancellor, but he shall write upon it, "objected to as forged," or, "objected to as falsified," together with the name of the person making such objection. |
26. No voting paper shall be counted which does not reach the registrar before ten of the clock on the morning of the day on which the poll closes. |
Counting of Votes. |
27. After the poll is closed all voting papers received at any polling place shall be placed in a proper receptacle and sealed up and delivered to the returning officer, and the returning officer shall, as soon as practicable after the receipt of the votes from all the polling places, count the votes and publish the result. |
28. Where an equality of votes is found to exist between any candidates on a final count and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer may give a deciding vote, but the returning officer shall not be entitled to vote at the election in any other case. |
General. |
29. Arrangements may be made for counting votes at an election for the combined university constituency at each of the universities forming the combination, if the transferable vote is not used at that election, and for a record of the votes counted at each University being sent to the returning officer for the combined constituency in order that he may ascertain and declare the result of the election. |
30. The returning officer shall appoint such deputies and clerks as he may think necessary for the proper holding of the election, and shall supply forms of nomination papers. |
31. All voting papers received and counted at an election, and the counterfoils thereof, as well as any voting papers disallowed for informality, or on any other ground, and the counterfoils thereof, shall be filed, and, along with any copy of the register used for the purposes of said election, shall be kept by the returning officer for a period of twelve months after the closing of the poll. |
32. Any person falsely or fraudulently signing any voting paper in the name of any other person, either as a voter or as a witness, and every, person signing, certifying, attesting, or transmitting as genuine any false or falsified voting paper, knowing the same to be false or falsified, or with fraudulent intent altering, defacing, destroying, withholding, or obstructing any voting paper, shall be guilty of a crime and offence, and shall be punishable by fine or imprisonment for a term not exceeding one year. |
33. No such voting paper as herein-before mentioned shall be liable to any stamp duty. |
34. Any expenses reasonably incurred by the Vice-Chancellor of each University in connection with the arrangements for an election shall be repaid to him by that University: Provided that any expenses so incurred by the returning officer in connection with the nomination and the counting of votes shall be paid in equal shares by the four Universities forming the constituency. |
35. If any person, for the purpose of enabling any other person to vote at a university election, corruptly pays on his behalf any fees which such other person is required to pay in order to be registered or entitled to vote, he shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and that Act shall apply accordingly. |
36. In reckoning time for the purpose of the provisions in this Schedule, Sunday, Christmas Day, and any day set apart as a bank or public holiday or public fast or public thanksgiving shall be excluded; and where anything required by these provisions to be done on any day falls to be done on any such day it may be done on the next day not being one of any such days. |
37. If regulations are made under this Act as to the manner in which public notice is to be given under the provisions of this Schedule, public notice shall be given in manner directed under any such regulations for the time being in force, and if no such regulations are in force shall be given in such manner as the returning officer or the |
Vice-Chancellor as the case may be, considers best fitted for giving notice to the persons concerned. |
38. An election shall not be declared invalid by reason of non-compliance with these provisions if it appears to the tribunal having jurisdiction that the election was conducted in accordance with the principle of these provisions and that the non-compliance with these provisions did not affect the result of the election. |
39. Where the Vice-Chancellor or registrar of any University is absent, or is incapacitated by illness for discharging any duty required of him by this Act, or if the office of Vice-Chancellor or of registrar shall be vacant, the duties by this Act imposed on the Vice-Chancellor or registrar respectively shall be discharged by a person appointed for that purpose by the University Court of such University; and such person shall in that respect, but in no other, act for the time as and be deemed to be Vice-Chancellor or registrar of such University. |
FORM A. |
UNIVERSITY OF (Name of University) VOTING PAPER. |
No. (number of elector as on the register). |
I, A.B. |
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I declare that I have signed no other voting paper at this election for the combined university constituency of the University of St. Andrews, the University of Glasgow, the University of Aberdeen, and the University of Edinburgh. |
2I also declare-- |
(In the case of a man) that I have not voted at this general election in respect of any qualification other than a residence qualification; |
(In the case of a woman) that I have not voted at this general election for any other university constituency. |
Signed A.B. |
Address |
The day of 19 . |
I declare that this voting paper (the vote having been previously recorded thereon), was signed in my presence by A.B., who is personally known to me, on the day of 19 . |
Signed C.D. |
Designation |
Address |
1 This form will require modification where the transferable vote is not used at theelection. |
2 This declaration is to be made only at a general election. |
FORM B. |
UNIVERSITY OF (Name of University). |
REGISTRAR'S LETTER. |
No. (number of elector as on the register). |
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SIR, |
I HAVE to intimate that the above-named persons have been nominated for the office of member of Parliament. Along with this letter you will receive a voting paper, and, should you desire to vote at this election, I have to request that you will record your vote thereon and the place and date of your signing, and having signed your name thereto in presence of one witness, who will also sign his name as directed, you will return the voting paper by post to me at the University of |
I am, &c. |
(Signed) G. H., Registrar. |
(Date.) |
FORM C. |
UNIVERSITY OF (Name of University) VOTING PAPER. |
INCAPACITATED ELECTOR. |
No. (number of elector as on register). |
I, A.B. (here give the elector's name in full and his designation), give my vote as indicated below, and I have requested and authorised C.D., a justice of peace, to make the entries in this voting paper on my behalf and on my instructions, and to subscribe this voting paper and declaration(s) for me, as I am from (state the incapacity) unable to write:-- |
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I declare that I have signed no other voting paper at this election for the combined university constituency of the University of St. Andrews, the University of Glasgow, the University of Aberdeen, and the University of Edinburgh. |
1 This form will require modification where the transferable vote is not used at theelection. |
1I also declare |
(In the case of a man) that I have not voted at this general election in respect of any qualification other than a residence qualification; |
(In the case of a woman) that I have not voted at this general election for any other university constituency. |
Signed |
Address |
The |
I, C.D., a justice of peace for |
1 This declaration is to be made only at a general election. |
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SIXTH SCHEDULE. |
ADAPTATION OF, ACTS. |
1. A reference to parliamentary electors registered under this Act shall be substituted for any reference in any other Act to parliamentary electors, parliamentary voters, or persons entitled to vote at parliamentary elections, by whatever name called. |
2. A reference to local government electors registered under this Act shall, so far as local government elections and the right to vote at any such elections are concerned, be substituted for any reference in any other Act to local government electors, county electors, burgesses, parochial electors, or other persons entitled to vote at a local government election, by whatever name called, and local government electors so registered shall for all purposes, whether statutory or not, be in the same position as any such local government electors, county electors, burgesses, parochial electors, or persons. |
3. A reference to the register kept in pursuance of this Act shall, so far as it relates to parliamentary electors, be substituted for any reference in any Act to the parliamentary register of electors or to the parliamentary register or to the register of parliamentary electors or to the register of persons entitled to vote at a parliamentary election, by whatever name called, and, so far as it relates to the local government register, shall be substituted for the local government register of electors, the burgess, roll, the county register, the register of parochial electors, and for the register of persons entitled to vote at a local government election, by whatever name called. |
4. The registration officer shall be substituted for the overseers in sections eleven and twelve of the Parliamentary and Municipal Registration Act, 1878, and in any other enactment dealing with the duties of the overseers in connection with the registration of electors; and in sections thirty-nine, sixty-eight and sixty-nine of the Corrupt and Illegal Practices Prevention Act, 1883, "registration officer" means the registration officer under this Act. |
5. Subsection (4) of section forty of the Local Government Act, 1888, shall have effect as if the words "for the time being" were substituted for the words "at the passing of this Act"; and, in order to meet any difficulty (consequent on the change of boundaries under this provision) in filling casual vacancies by election in the London County Council, any such casual vacancy shall, until the first election of the whole number of councillors which takes place after the passing of this Act, be filled by means of the choice by the Council of a person to fill the vacancy, and the councillor so chosen shall hold office in such manner and in all respects as if he had been elected to fill the vacancy. |
6. Sections eleven and thirteen and (so far as necessary) section twelve of the Parliamentary and Municipal Registration Act, 1878, shall be adapted so as to be applicable to parishes situated in any constituency or in any local government area, and for that purpose "constituency" shall be substituted in those sections for "parliamentary borough," "local government area" for "municipal borough," and "registered as a local government elector" for "enrolled as a burgess." |
7. The Local Government Board may, by order, make such further adaptations in the provisions of any Act (including any local Act and any Act to confirm a Provisional Order and any scheme, under the Municipal Corporations Act, 1882, as amended by any subsequent Act) as may seem to them necessary to make those provisions conform with the provisions of this Act; and any order so made shall operate as enacted in this Act. |
As respects Scotland the Secretary for Scotland, and as respects Ireland the Local Government Board for Ireland, shall be substituted for the Local Government Board in this schedule. |
Special Adaptation of Acts for Scotland. |
8. The Representation of the People (Scotland) Act, 1832 (2 & 3 Will. 4. c. 65):-- |
Section thirty-eight shall apply as if this Act were mentioned therein as well as the Act therein mentioned. |
The Representation of the People (Scotland) Act, 1868 (31 & 32 Vict. c. 48):-- |
Section twenty-three shall apply as if appeals from the sheriff court under this Act were mentioned therein instead of the appeals therein mentioned. |
The Ballot Act, 1872 (35 & 36 Vict. c. 33):-- |
In Rule 60 of Part I. of the First Schedule, a reference to Division (4) of Part I. of the Ninth Schedule to this Act shall be substituted for the reference to the Schedules in that Rule mentioned. |
The Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51):-- |
In section sixty-eight in the definition of "revising barrister,"for the word "sheriff" shall be substituted the words "registration officer." |
The Registration Amendment (Scotland) Act, 1885 (48 & 49 Vict. c. 16):-- |
In section six, for the words "dwelling-house within the meaning of the Representation of the People Act, 1884," there shall be substituted the words, "house or part of a house occupied as a separate dwelling: Provided that no such entry shall render liable to be rated in respect of any such house or part of a house any person who occupies the same by virtue of any office, service, or employment." |
The Local Government (Scotland) Act, 1889 (52 & 53 Vict. c. 50):-- |
In section six, the words "in the Representation of the People Act, 1918," shall be substituted for the word "hereinafter." |
The Elections (Scotland) (Corrupt and Illegal Practices) Act, 1890 (53 & 54 Vict. c. 55):-- |
In section twenty-nine the words "registration officer" shall be substituted for "revising authority," and at the end of subsection (1) of the said section the following words shall be added, "and shall make out a list (which may be |
referred to as the corrupt and illegal practices list) containing the name and description of every person whose name has been so omitted, and shall state in that list the offence of which each such person has been convicted or found guilty." |
The Town Councils (Scotland) Act, 1900 (63 & 64 Vict. c. 49):-- |
In subsection (1) of section twenty-three the words "registered as local government electors for the burgh in accordance with the provisions of the Representation of the People Act, 1918" shall be substituted for the words "entitled in respect of premises within the municipal boundary to vote in the election of a member of Parliament." |
Special Adaptation of Acts for Ireland. |
9. The Juries Act (Ireland), 1871 (34 & 35 Vict. c. 65):-- |
In sections twelve and fourteen, a reference to the county court shall be substituted for a reference to the court at which the register of parliamentary voters is revised. |
The Parliamentary Registration (Ireland) Act, 1885 (48 & 49 Vict. c. 17):-- |
In section sixteen the registration officer shall be substituted for the clerk of the union; "fifteenth of July" shall be substituted for "first of July" and the word "male" shall be omitted. |
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SEVENTH SCHEDULE. |
RETURNING OFFICERS FOR SCOTTISH CONSTITUENCIES SITUATED IN MORE THAN ONE SHERIFFDOM. |
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EIGHTH SCHEDULE. |
ENACTMENTS REPEALED. |
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