Representation of the People Bill - continued        House of Lords
SCHEDULE 4, ABSENT VOTING IN GREAT BRITAIN - continued

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Absent voters list
     5. - (1) The registration officer shall, in respect of each parliamentary or local government election, keep a special list ("the absent voters list") consisting of the two lists mentioned in sub-paragraphs (2) and (3) respectively.
 
      (2) The first of those lists is a list of-
 
 
    (a) those whose applications under paragraph 4(1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and
 
    (b) those who are for the time being shown in the record kept under paragraph 3 as voting by post at elections of the kind in question (excluding those so shown whose applications under paragraph 4(3)(b) above to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under paragraph 3 or, as the case may be, paragraph 4(3)(a) as the addresses to which their ballot papers are to be sent.
      (3) The second of the lists mentioned in sub-paragraph (1) is a list ("the list of proxies") of-
 
 
    (a) those whose applications under paragraph 4(2) or (3) to vote by proxy at the election have been granted, and
 
    (b) those who are for the time being shown in the record kept under paragraph 3 as voting by proxy at elections of the kind in question,
  together with (in each case) the names and addresses of those appointed as their proxies.
 
 
Proxies at elections
     6. - (1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for another (in this paragraph and paragraph 7 referred to as "the elector") at any parliamentary or local government election and may vote in pursuance of the appointment.
 
      (2) The elector cannot have-
 
 
    (a) more than one person at a time appointed as proxy to vote for him at parliamentary elections (whether in the same constituency or elsewhere), or
 
    (b) more than one person at a time appointed as proxy to vote for him at local government elections in the same electoral area.
      (3) A person is not capable of being appointed to vote, or voting, as proxy at a parliamentary election-
 
 
    (a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector, or
 
    (b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland.
      (4) A person is not capable of being appointed to vote, or voting, as proxy at a local government election-
 
 
    (a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector, or
 
    (b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland nor a relevant citizen of the Union.
      (5) A person is not capable of voting as proxy at a parliamentary or local government election unless on the date of the poll he has attained the age of 18.
 
      (6) A person is not entitled to vote as proxy-
 
 
    (a) at the same parliamentary election in any constituency, or
 
    (b) at the same local government election in any electoral area,
  on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.
 
      (7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be-
 
 
    (a) registered in the register of parliamentary electors, local government electors or both (as the case may be), and
 
    (b) shown in the record kept under paragraph 3 as voting by proxy at such elections,
  and that the proxy is capable of being, and willing to be, appointed to vote as proxy at such elections.
 
      (8) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular parliamentary or local government election, the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be-
 
 
    (a) registered in the register of parliamentary or, as the case may be, local government electors, and
 
    (b) entitled to vote by proxy at that election by virtue of an application under paragraph 4(2) or (3),
  and that the proxy is capable of being, and willing to be, appointed.
 
      (9) The appointment of a proxy under this paragraph is to be made by means of a proxy paper in the prescribed form issued by the registration officer.
 
      (10) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force-
 
 
    (a) where the appointment related to a parliamentary election or parliamentary elections, on the issue of a proxy paper appointing a different person to vote for him at a parliamentary election or parliamentary elections (whether in the same constituency or elsewhere),
 
    (b) where the appointment related to a local government election or local government elections, on the issue of a proxy paper appointing a different person to vote for him at a local government election or local government elections in the same electoral area, or
 
    (c) where the appointment was for a particular period, once that period expires.
      (11) Subject to sub-paragraph (10), the appointment shall remain in force-
 
 
    (a) in the case of an appointment for a particular election, for that election, and
 
    (b) in any other case, while the elector is shown as voting by proxy in the record kept under paragraph 3 in pursuance of the same application under that paragraph.
 
Voting as proxy
     7. - (1) A person entitled to vote as proxy at a parliamentary or local government election may do so in person at the polling station allotted to the elector under the appropriate rules unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.
 
      (2) Where a person is entitled to vote by post as proxy for the elector at any election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.
 
      (3) For the purposes of this Schedule and the 1983 Act a person entitled to vote as proxy for another at a parliamentary or local government election is entitled so to vote by post if he is included in the list kept under sub-paragraph (8) in respect of the election.
 
      (4) Where a person applies to the registration officer to vote by post-
 
 
    (a) as proxy at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in his application), or
 
    (b) as proxy at a particular parliamentary or local government election,
  the registration officer shall grant the application if the conditions set out in sub-paragraph (5) are satisfied.
 
      (5) Those conditions are-
 
 
    (a) that the registration officer is satisfied that the elector is or will be registered in the register of parliamentary electors, local government electors or both (as the case may be), and
 
    (b) that there is in force an appointment of the applicant as the elector's proxy to vote for him at elections of the kind in question or, as the case may be, the election concerned, and
 
    (c) that the application meets the prescribed requirements.
      (6) The registration officer shall keep a record of those whose applications under sub-paragraph (4)(a) have been granted showing-
 
 
    (a) whether their applications-
 
      (i) were in respect of parliamentary elections, local government elections or both, and
 
      (ii) were to vote by post as proxy for an indefinite or a particular period (specifying that period), and
 
    (b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.
      (7) Where, in the case of a particular parliamentary or local government election, a person included in the record kept under sub-paragraph (6) in respect of elections of the kind in question applies to the registration officer for his ballot paper to be sent to a different address from that shown in the record, the registration officer shall grant the application if it meets the prescribed requirements.
 
      (8) The registration officer shall, in respect of each parliamentary or local government election, keep a special list of-
 
 
    (a) those who are for the time being included in the record kept under sub-paragraph (6) in respect of elections of the kind in question, together with the addresses provided by them in their applications under sub-paragraph (4)(a) or, as the case may be, sub-paragraph (7) as the addresses to which their ballot papers are to be sent, and
 
    (b) those whose applications under sub-paragraph (4)(b) above have been granted in respect of the election concerned, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.
      (9) The registration officer shall remove a person from the record kept under sub-paragraph (6)-
 
 
    (a) if he applies to the registration officer to be removed,
 
    (b) if the elector ceases to be registered as mentioned in sub-paragraph (5)(a),
 
    (c) if the appointment of the person concerned as the elector's proxy ceases to be in force (whether or not he is re-appointed), or
 
    (d) in the case of a person who applied to vote by post as proxy for a particular period, once that period expires.
 
Offences
     8. A person who-
 
 
    (a) in any declaration or form used for any of the purposes of this Schedule, makes a statement which he knows to be false, or
 
    (b) attests an application under paragraph 3 or 4 when he knows that he is not authorised to do so or that it contains a statement which is false,
  is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
 
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Prepared 16 February 2000