1918: 7 & 8 George 5 c.64: Representation of the People Act

1918: 7 & 8 George 5 c. 64: 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.

[6th February 1918.]

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.

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—

(а) has the requisite residence qualification ; or

(b) has the requisite business premises qualification.

(2) A man, in order to have the requisite residence qualification or business premises qualification for a constituency—

(a) must on the last day of the qualifying period be residing in premises in the constituency, or occupying business premises in the constituency, as the case may be : and

(b) must during the whole of the qualifying period have resided in premises, or occupied business premises, as the case may be, in the constituency, or in another constituency within the same parliamentary borough or parliamentary county, or within a parliamentary borough or parliamentary county contiguous to that borough or county, or separated from that borough or county by water, not exceeding at the nearest point six miles in breadth, measured in the case of tidal water from low-water mark.

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.

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.

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—

(а) is on the last day of the qualifying period occupying, as owner or tenant, any land or premises in that area ; and

(b) has, during the whole of the qualifying period, so occupied any land or premises in that area, or, if that area is not an administrative county or a county borough, in any administrative county or county borough in which the area is wholly or partly situate:

Provided that—

(i) for the purposes of this section a man who himself inhabits any dwelling-house by virtue of any office, service, or employment, shall, if the dwelling-house is not inhabited by the person in whose service he is in such office, service, or employment, be deemed to occupy the dwelling-house as a tenant; and

(ii) for the purposes of this section 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 in an unfurnished state.

4. —(1) A woman shall be entitled to be registered as a Franchises parliamentary elector for a constituency (other than a university (women), constituency) if she—

(a) has attained the age of thirty years ; and

(b) is not subject to any legal incapacity ; and

(c) is entitled to be registered as a local government elector in respect of the occupation in that constituency of land or premises (not being a dwelling-house) of a yearly value of not less than five pounds or of a dwelling-house, or is the wife of a husband entitled to be so registered.

(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—

(a) where she would be entitled to be so registered if she were a man ; and

(b) where she is the wife of a man who is entitled to be so registered in respect of premises in which they both reside, and she has attained the age of thirty years and is not subject to any legal incapacity.

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.

5. —(1) A person to whom this section applies (in this Act Special 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—

(i) is serving on full pay as a member of any of the naval, military or air forces of the Crown ; or

(ii) is abroad or afloat in connection with any war in which His Majesty is engaged, and is—

(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.

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.

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 :—

(a) In the case of the occupation of business premises the aggregate yearly value of the premises must for the purpose of the parliamentary franchise be not less than the amount produced by multiplying ten pounds by the number of the joint occupiers ; and

(b) In the case of the occupation of land or premises (not being a dwelling-house) the aggregate yearly value thereof must for the purpose of the parliamentary franchise of women be not less than the amount produced by multiplying five pounds by the number of joint occupiers ; and

(c) Not more than, two joint occupiers shall be entitled to be registered in respect of the same land or premises, unless they are bona fide engaged as partners carrying on their profession, trade or business on the land or premises.

(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 premi’ses 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.

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.

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.

(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—

(а) that he has during the continuance of the war taken up and, so far as reasonably practicable, continued service which constitutes a person (other than a person serving on full pay as a member of any of the naval, military, or air forces of the Crown) a naval or military voter for the purposes of this Act; or

(b) that having been exempted from military service on condition of doing work of national importance he has done such work in accordance with the decision and to the satisfaction of the appropriate tribunal or authority; or

(c) that having obtained an absolute exemption from military service without any such condition, he has nevertheless (whether before or after the passing of this Act) been engaged in and, so far as reasonably practicable, continued some work of national importance ; and obtains a certificate from the central tribunal to that effect.

This subsection shall apply to a conscientious objector who either—

(i) has been exempted from all military service (including non-combatant service) on the ground of conscientious objection; or

(ii) having been convicted by court martial of an offence against military law, and having represented that the offence was the result of conscientious objection to military service, has been awarded imprisonment or detention.

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.

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.

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 ip 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.

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 tcany 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.

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 earrying 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.

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 maimer 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.

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.

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.

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.

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—

(a) regard shall be had to the conditions and other circumstances required by subsection (1) of section one hundred and twenty of the Local Government Act, 1888, in regard to cases of compensation under that section; and

(b) the compensation shall not exceed the limit therein mentioned ; and

(c) the expression in subsection (1) of that section “The Acts and rules relating to Her Majesty’s Civil Service ” shall mean the Acts and rules relating to His Majesty’s Civil Service which were in operation at the date of the passing of the Local Government Act, 1888; and

(d) the provisions of subsections (2) to (7) of the same section shall apply with such modifications (including the substitution of the “ Local Government Board ” for the “ Treasury ”) as may be required, and including in subsection (2) the substitution of the words “ next before the thirtieth day of September, nineteen hundred and fourteen ” for the words “ next before the passing of this Act.”

In this section the expression “ assistant overseer ” includes any person executing any of the duties of overseer, and receiving payment therefor.

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.

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.

(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.

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.

(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—

(a) affect the provisions of section one of the Ballot Act, 1872, relating to the commencement afresh of the proceedings with relation to the election on the death of a candidate, or apply to proceedings so commenced afresh; or

(b) apply to a university election.

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—

(a) 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 ten of the Corrupt and Illegal Practices Prevention Act, 1883 ; and

(b) the fact that any person has asked for a ballot paper in a constituency in circumstances which entitle him only to mark a tendered ballot paper in pursuance of Rule 27 of the First Part of the First Schedule to the Ballot Act, 1872, shall not, if he does not exercise that right, prevent his voting or asking for a ballot or voting paper in another constituency; and

(c) the giving of a vote by a returning officer in pursuance of section two of the Ballot Act, 1872, in the case of an equality of votes, or the asking for a ballot paper for the purpose of so voting, shall not, for the purposes of tins section, be deemed to be the giving of a vote as a parliamentary elector, or the asking for a ballot paper for the purpose of so voting.

(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.

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:—

(a) His Majesty may by Order in Council direct that voting by proxy by naval or military voters shall be permitted in any area on land abroad mentioned in the Order if it appears to him that ballot papers sent to that area • by post cannot reasonably be returned before the votes are counted, and that the case cannot be met by an Order under this section postponing the counting of votes:

(b) A person whose name is entered on the absent voters list, if he satisfies the registration officer—

(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:

(c) No ballot paper shall be sent for the purpose of voting by post to a person who has appointed a proxy under this provision while the appointment is in force, or to any naval or military voter if the returning officer knows that he is serving in an area in which voting hy proxy is permitted in pursuance of an Order in Council made under this section:

(d) The provisions set out in the Third Schedule to this Act shall have effect with respect to voting by proxy.

(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.

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.

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.

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.

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 caBe 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.

28. The returning officer at a parliamentary election (other Returning than a university election) shall, notwithstanding anything in offloers-any other Act, be :—

(1) In the case of a parliamentary county which is coterminous with, or wholly contained in, one administrative county, the sheriff;

(2) In the case of a parliamentary borough which is coterminous with, or wholly contained in, a county of a city or town having a sheriff, the sheriff, and in the case of the City of London, the sheriffs ;

(3) In the case of a parliamentary borough which is coterminous with, or wholly contained in, one municipal borough (not being a county of a city or town having a sheriff), or one metropolitan borough, or one urban district, the mayor or chairman of the council, as the case requires; and

(4) In any other case, such sheriff, mayor, or chairman, as may be designated for the purpose by the Local Government Board.

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.

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 duties by officer, and the acting returning officer shall have all the powers, duties, rights and liabilities of the returning officer under any officer, 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.

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 districts, and the constituency into polling districts, and to appoint polling appointment ot 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) Ou 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 he 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.

32. The place of election shall be fixed for each constituency (other than a university constituency) by the returning officer, and shall be—

(a) if the constituency is a parliamentary borough, or a division of a parliamentary borough, some place within the borough ; and

(b) if the constituency is a parliamentary county, or a division of a parliamentary county, some place within the county or within a parliamentary borough adjoining the county.

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.

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.

35. The following Acts, that is to say,

The Ballot Act, 1872;

The Parliamentary Elections (Returning Officers) Act, 1875;

The Parliamentary Elections Returning Officers Expenses (Scotland) Act, 1878;

The Parliamentary Elections and Corrupt Practices Act, 1880;

The Corrupt and Illegal Practices Prevention Act, 1883;

The Municipal Elections (Corrupt and Illegal Practices) 1884;

The Local Government (Elections) Act, 1896;

shall become permanent Acts, and any provision in any Act in sforce 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.

36.—(1) The provisions contained in Part I. of the Fifth Conduct of Schedule to this Act shall have effect with respect to elections for university constituencies other than the Scottish university constituencies, 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: —

(a) “Voting paper” shall be substituted for“ ballot paper,” and for any reference to the Ballot Act, 1872, there shall be substituted a reference to the corresponding provision of this Act, or regulations made thereunder in relation to university constituencies or university elections :

(b) It shall not be necessary to prepare an absent voters list, but the right to vote by proxy may be exercised by any person who would be entitled to exercise such right if his name were entered on an absent voters list, so long as all other conditions enabling him to vote by proxy are fulfilled :

(c) Where a candidate’s deposit is forfeited the deposit shall be retained by the university.

Part IV.

Redistribution of Seats.

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.

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.

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.

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.

41. In this Act, unless the context otherwise requires,—

(1) The expression “constituency” means any county, borough, or combination of places, or university or combination of universities, returning a member to serve in Parliament; and, where a county or borough is divided for the purpose of parliamentary elections, means a division of the county or borough so divided ; and elections for any such division shall be held in the same manner and subject to the same provisions as those for undivided counties or boroughs :

(2) The expression “local government electoral area” means the area for which any county council, municipal borough council, metropolitan borough council, district council, board of guardians, parish council, or any other body elected at the time of the passing of this Act by persons on the local government register or on the register of parochial electors is elected; and the expression “ local government election ” means an election for any such council, board, or body :

(3) The expression “ general election ” means an election of members to serve in a new Parliament of the United Kingdom:

(4) The expression “ university constituency ” means a constituency consisting of a university or a combination of universities; and the expression “university election” means an election of a member or members of Parliament for a university constituency:

(5) A person who is an inmate or patient in any prison, lunatic asylum, workhouse, poorhouse, or any other similar institution shall not by reason thereof be treated as resident therein for any purpose of this Act:

(6) The expression “ transferable vote ” means a vote—

(а) 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:

(7) For the purposes of registration a person’s age shall be taken to be that person’s age on the last day of the qualifying period :

(8) The expression “ dwelling-house ” includes any part of a house where that part is occupied separately as a dwelling-house:

(9) The yearly value of land or premises shall be taken to be the gross estimated rental, or in the metropolis the gross value, where those premises are separately assessed to rates, and in any other case shall be deemed to be the amount which would in the opinion of the registration officer be the gross estimated rental or gross value, as the case requires if they were separately assessed :

(10) The expression “afloat” and expressions relating to service afloat in connection with naval and military voters shall be interpreted in accordance with rules made for the purpose by the Admiralty :

(11) The expression “ prescribed ” means prescribed by His Majesty by Order in Council.

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.

43. This Act shall apply to Scotland, subject to the following Application to modifications :— Scotland.

(1) Unless the context otherwise requires—

(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 ;

(d) The expression “ Valuation Acts ” means the Lands 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:

(2) The yearly value of any subjects shall be taken to be the value appearing in the valuation roll where those subjects are separately valued in that roll, and in any other case shall be deemed to be the value which would in the opinion of the registration officer be entered therein if they were so valued :

(3) The section of this Act relating to local government franchise (men) shall not apply, and in lieu thereof—

(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:

(4) Subsection (1) of the section of this Act relating to franchises (women) shall not apply, and in lieu thereof—

(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 haB 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 bona fide engaged as partners, carrying on tbeir profession, trade, or business on tbe land or premises, and provided further that in tbe case of land or premises (other than a dwelling-house) tbe aggregate yearly value thereof must be not less than tbe 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:

(5) Subsection (1) of the section of this Act relating to supplemental provisions as to residence and occupation shall not apply except in so far as that subsection relates to the parliamentary franchise for men, and subsection (4) of the said section shall not apply:

(6) The section of this Act relating to provisions as to disqualifications shall have effect as if the following provision were enacted therein:

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:

(7) The section of this Act relating to provision as to qualification of councillor shall not apply :

(8) The section of this Act relating to registration officers and areas shall not apply, and in lieu thereof—

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 :

(9) The provisions regarding the appointment of an assistant judge in the section of this Act relating to appeals shall not apply:

(10) In the application of the section of this Act relating to right to the use of elementary schools the expression “ any public elementary school ” means “ any school in receipt of a parliamentary grant” :

(11) The first subsection of the section of this Act relating to expenses of registration shall not apply, and in lieu thereof—

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 maybe, 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:

(12) In subsection (5) of the section of this Act relating to expenses of registration the expression “the council whose clerk the registration officer is” means “the council appointing the registration officer”:

(13) The sections of this Act relating to returning officers and to discharge of returning officers’ duties by an acting returning officer shall not apply, and in lieu thereof :—

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 he 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:

(14) Notwithstanding the provisions of subsection (1) of the section of this Act relating to polls to be held on one day at a general election, etc., the poll at any general or bye-election for the constituency of Orkney and Zetland shall remain open for two consecutive days as heretofore:

(15) The provisions of the last paragraph of the section of this Act relating to register for university constituencies shall not apply, and the said section shall have effect as if regulation sixteen of section two of the Universities Elections Amendment (Scotland) Act, 1881, were enacted therein in lieu of the said paragraph:

(16) The section of this Act relating to place of election shall not apply, and in lieu thereof:—

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:

(17) In the application of the section of this Act relating to division of constituency into polling districts and appointment of polling places, and of the section of this Act relating to re-arrangement of polling districts to suit new constituencies, the returning officer shall be substituted for the council having a power or duty under those sections to divide a constituency into polling districts, and the Lord Advocate shall be substituted for the Local Government Board :

(18) Notwithstanding anything in this Act it shall not in the year nineteen hundred and nineteen and subsequent years be necessary—

(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:

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:

(19) Except as expressly provided in this Act—

(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.

44. This Act shall apply to Ireland subject to the following modifications :—

(1) References to tlie Lord Chancellor shall he construed as references to the Lord Chancellor of Ireland.

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.

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 :

(2) The reference to the Local Government Board in relation to the approval of a deputy for the execution of any of the powers and duties of a registration officer shall be construed as a reference to the Lord Lieutenant, and other references: to that Board shall be construed as references to the Local Government Board for Ireland:

(3) —(a) The clerk of the crown and peace for an administrative county, not being a county borough, shall be the registration officer for any parliamentary county which is coterminous with, or the whole or greater part of which is contained in, the administrative county, and for any parliamentary borough of which the whole or greater part is contained in the administrative county and no part is contained in a county borough, and the clerk of the crown and peace for a county borough shall be the registration officer for any parliamentary borough which is coterminous with, or the whole or any part of which is contained in, the county borough, and the council of that administrative county or county borough, as the case may be, shall be the council by which the registration expenses of that registration officer are to be paid, subject in cases where the parliamentary county or parliamentary borough is not coterminous with, or wholly contained in, the administrative county or county borough, as the case may be, to such contribution by the council of any other administrative county or county borough as the Local Government Board may direct: Provided that the registration expenses to be paid by a council shall not include any charges for trouble, care, and attention, in the performance of duties which 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 :

(b) The registration expenses shall be paid in the case of the council of a county borough, out of the rate or fund out of which the general expenses of the council are paid, or out of any other rate or fund which the Local Government Board may on the application of the council approve, and, in the case of a council of any other administrative county, out of the poor rate as a county at large charge, except in cases to which section twelve of the Parliamentary Registration (Ireland) Act, 1885, applies :

(c) In the event of any vacancy in the office of registration officer or in the event of the registration officer’s incapacity to act, the powers and duties of the registration officer may be exercised and performed by any person temporarily appointed in that behalf by the Lord Chancellor:

(d) The power of advancing sums to a registration officer on account of registration expenses shall be exercise-able by the council by which those expenses are to be paid :

(e) This section, in its application to the county of Tipperary, shall have effect as if each parliamentary division of the county were a separate parliamentary county, and as if the clerk of the crown and peace for the entire county were clerk of the crown and peace for the administrative counties of the North Riding and the South Riding respectively :

(4) Where an administrative county is divided into ridings the Lord Lieutenant may, by order, divide the parliamentary county into a corresponding number of registration areas, and make any adaptations of this Act which may be necessary in consequence of the division, and the clerk of the crown and peace for any riding shall be registration officer for such of those areas as may be directed by the Lord Lieutenant:

(5) For the purposes of appeals from the registration officer, and also for the purpose of the revision of jurors’ lists, the powers and jurisdiction of the county court shall, unless and until the Lord Lieutenant otherwise direct, be exercised, as respects the parliamentary borough of Dublin, by the persons who are at the time of the passing of this Act Dublin revising barristers, and as respects the parliamentary county of Dublin by the person who is at the time of the passing of this Act revising barrister for that county; but while those powers are bo exercised, the provisions of this Act as to county courts shall apply to those persons as they apply to county courts, with the necessary modifications, and in particular with the modification that assistant judges may be appointed to assist those persons if, in the opinion of the Lord Chancellor, such appointment is necessary in order to enable the appeals to be disposed of with proper despatch :

(6) The expenses of any printing required in connection with registration shall be treated as part of the expenses of the registration officer under this Act, notwithstanding that the printing is arranged for by the county council under section ninety-six of the Local Government (Ireland) Act, 1898:

(7) The expression “ assistant overseer ” means a town clerk, secretary of a county council, clerk of an urban district council, an existing clerk of the union, within the meaning of the Local Government (Ireland) Act, 1898, and a collector of poor rate :

(8) Notwithstanding the limit imposed in subsection (2) of section twenty-seven of the County Officers and Courts (Ireland) Act, 1877, the salaries of clerks of the crown and peace may be increased by orders made under that subsection to such extent as appears to the Lord Lieutenant and Council, with the concurrence of the Treasury, to be proper, having regard to the additional duties imposed on those officers by this Act: Provided that the liability of a clerk of the crown and peace to account for sums other than registration expenses received by him as registration officer shall not extend to any such increase of salary:

(9) The provisions with respect to the division of constituency into polling districts and appointment of polling places shall have effect with the following modifications: —

(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:

(10) Part TV. of this Act, and the provisions with respect to an urban district which is coterminous with, or wholly contained in, a registration area, or with respect to the persons who are to be returning officers, or with respect to the discharge of returning officers’ duties by an acting returning officer, or with respect to place of election, or with respect to the right to the use of elementary schools, shall not apply:

(11) —(a) The qualifying period shall be a period of six months ending on the fifteenth day of July and including that day :

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 ;

(b) One register of electors only shall be made in each year, and all provisions applicable to the autumn register shall apply as respects the yearly register (except that the yearly register shall remain in force until the fifteenth day of October in the next following year), and the provisions as to the preparation of two registers in each year and as to the spring register shall not apply :

(12) The yearly value of premises shall be taken to be the rateable value where those premises are separately valued, and in any other case shall be deemed to be the amount which would, in the opinion of the registration officer, be the rateable value if they were separately valued :

(13) A person shall not be entitled to be registered or vote for a parliamentary county constituency in respect of a qualification in a parliamentary borough constituency :

(14) The following proviso shall be substituted for the proviso at the end of subsection (2) of section eight: “Nothing in this provision shall prevent a person “ voting at an election to fill a casual vacancy in a “ borough council in any ward for which he is “ registered.”

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.

46. —(1) This Act shall come into operation on the passing thereof: Provided that nothing in this Act shall affect—

(a) any parliamentary register for the time being in force,

or any parliamentary elections, or the constitution of the House of Commons, until Parliament is first dissolved or ceases to have continuance after the first register to be prepared under this Act comes into force; or

(b) any local government register for the time being in force, or any local government elections, until the first register to be prepared under this Act comes into force.

(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.

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.

Source: Legislation.gov.uk.

Further Reading: Wikipedia.