Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
d . Regulations or administrative rules
Comments:
The electoral law governing national elections in the UK is governed by separate legislation, primarily the Elections Act 2022. This Act is not part of the UK Constitution (which is uncodified and made up of various sources), nor is it a decree or merely administrative regulation. The Elections Act 2022 is the primary legislation currently in force, with updates as of June 2025. It is a Public General Act passed by the UK Parliament, making it separate legislation.
The Electoral Commission issues guidance for Returning Officers, political parties, and candidates to ensure consistent application of the law. The Cabinet Office and other government departments provide administrative guidance, especially during pre-election periods, to ensure civil service neutrality.
Source:
Parliamentary Voting System and Constituencies Act 2011: https://www.legislation.gov.uk/ukpga/2011/1/contents/enacted
Political Parties, Elections and Referendums Act 2000: https://www.legislation.gov.uk/ukpga/2000/41/contents
Representation of the People Act 1983: https://www.legislation.gov.uk/ukpga/1983/2
Political Parties and Elections Act 2009: https://www.legislation.gov.uk/ukpga/2009/12
Electoral Administration Act 2006: https://www.legislation.gov.uk/ukpga/2006/22/contents
Verified:
2025/06/12
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
b . Regional elections
c . Local elections
d . Referendums
Comments:
The UK’s electoral law is comprehensive, covering national, regional, and local elections, as well as referendums. It is implemented through a combination of primary legislation, secondary regulations, and administrative guidance.
1. National Elections:
UK Parliamentary General Elections (e.g., electing Members of Parliament to the House of Commons).
By-elections for vacant parliamentary seats.
2. Referendums:
National referendums (e.g., the 2016 EU Referendum).
Local referendums under specific legal frameworks.
3. Local Elections:
Elections for local councils, mayors, and local authorities in England, Wales, Scotland, and Northern Ireland 1.
Includes elections for county councils, unitary authorities, metropolitan boroughs, and district councils.
4. Regional Elections:
Devolved legislatures: Scottish Parliament, Senedd Cymru (Welsh Parliament), and Northern Ireland Assembly.
Mayoral elections in combined authority areas (e.g., Greater Manchester, West Midlands).
Source:
Parliamentary Voting System and Constituencies Act 2011: https://www.legislation.gov.uk/ukpga/2011/1/contents/enacted
Political Parties, Elections and Referendums Act 2000: https://www.legislation.gov.uk/ukpga/2000/41/contents
Representation of the People Act 1983: https://www.legislation.gov.uk/ukpga/1983/2
Political Parties and Elections Act 2009: https://www.legislation.gov.uk/ukpga/2009/12
Electoral Administration Act 2006: https://www.legislation.gov.uk/ukpga/2006/22/contents
Verified:
2025/06/12
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source:
Representation of the People Act 1983, Part 1, Article 1(1-2): https://www.legislation.gov.uk/ukpga/1983/2
The Electoral Commission, "Which elections can you vote in?," https://www.electoralcommission.org.uk/i-am-a/voter/which-elections-can-i-vote
Verified:
2025/06/12
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments:
Art 120:
1) No parliamentary election and no return to Parliament shall be questioned except by a
petition complaining of an undue election or undue return (“a parliamentary election
petition”) presented in accordance with this Part of this Act.
(2) A petition complaining of no return shall be deemed to be a parliamentary election
petition and the High Court—
(a) may make such order on the petition as they think expedient for compelling
a return to be made; or
(b) may allow the petition to be heard by an election court as provided with respect
to ordinary election petitions.
Source:
Representation of the People Act 1983, Art. 120, 123: https://www.legislation.gov.uk/ukpga/1983/2
Verified:
2025/06/12
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Additional, but potentially outdated material is available here.