TheRepresentation of the People Act 1948 (11 & 12 Geo. 6. c. 65) was anact of theParliament of the United Kingdom that altered the law relating to parliamentary and local elections. It is noteworthy for abolishingplural voting for parliamentary elections, including by the abolition of the twelve separateuniversity constituencies; and for again increasing the number of members overall, in this case to 613.
Part I of the act declared that in future the United Kingdom would be divided into single-memberborough constituencies andcounty constituencies. These terms replaced the former designations ofparliamentary borough/division of a parliamentary borough and parliamentary county/division of a parliamentary county (in Scotland "burgh constituencies" replacedparliamentary burghs). There were to be 613 such constituencies, in place of the 591 under previous legislation.[citation needed]
These were to be the only constituencies, and the act thus abolished theuniversity constituencies; thus graduates ofuniversities (about 7% of the electorate)[1] no longer had the right to vote in two constituencies. Constituencies which had been represented by more than one MP were also abolished.[2][3]
Persons eligible to vote were to be British subjects of "full age" (21 years) and "not subject to any legal incapacity to vote", provided that they were registered to vote in the constituency. Each voter was only permitted to cast a single vote in one constituency, even if for some reason they were registered in more than one. The arrangements which had given plural votes to electors who met a property qualification because of their business or shop premises were abolished.[citation needed]
Each constituency was to have an electoral registration officer, who was to compile theelectoral register. InEngland and Wales, this officer was the clerk of the appropriatecounty orborough council; inScotland, it was the assessor[clarification needed] of acounty orlarge burgh; and inNorthern Ireland it was the town clerk of the county borough ofBelfast or the secretary of the county council. An electoral register was to be published in Spring and Autumn of each year.[citation needed]
Qualifications for an elector to be registered were set out, with residence in the constituency on a specified date being the principal requirement. There was an additional "service qualification" for members of the armed forces and other persons outside the state on diplomatic or other Crown business, and their spouses. Electors were to vote in person, except in exceptional circumstances in which a proxy vote might be permitted.[citation needed]
Each constituency was to be divided into polling districts by the registration officer, who was also to designate polling places within each district. Rules were laid down for the process: for instance eachcivil parish in an English or Welsh county constituency was to be a separate district. Where a group of thirty electors felt that they were not provided with a convenient polling place, they were entitled topetition the Secretary of State for a review.[citation needed]
The procedures for recounts and for choosing the winning candidate by lot in the event of a tie were laid down. A candidate who received less than an eighth of the total number of votes cast would forfeit their monetary deposit.[citation needed]
Finally Part I dealt with the appointment and duties of thereturning officer. In England and Wales these were to be either thehigh sheriff of a county, the sheriff of acounty corporate, themayor of a borough or the chairman of anurban district council, as appointed by theHome Secretary. In Scotland the returning officer was to be a sheriff of a localsheriffdom, and in Northern Ireland the under-sheriff of a county or county borough.[citation needed]
The electorate for local elections was larger than that for parliamentary elections. Apart from those resident in the district, there was an additional "non-resident qualification" to vote where an owner or tenant occupied rateable land or premises therein of the yearly value of not less than ten pounds. The electoral registration officer appointed under Part I of the act was also to compile a local government register, although the two registers could be combined, with the names of those persons registered only as local government electors marked. Electors were not permitted to be registered more than once in a single local government district, even if they occupied multiple premises. There was no prohibition on voting in different local authority areas, however.[citation needed]
Polling districts were to be delineated and polling places designated by the registration officer. In the absence of other arrangements these were to be identical to those used for parliamentary elections.[citation needed]
Part III of the act set new limits for the expenses that candidates were permitted to pay their election agent. In a county constituency this was to be£450, plus 2d for each name in the electoral register; in borough constituencies it was to be £450 plus 1½d for each elector.[citation needed]
Among other restrictions, no supporter of a candidate was permitted to use a motor vehicle to bring an elector to the polls, or to loan or rent such a vehicle to an elector, unless the vehicle was first registered with the returning officer. There was to be a limit of one vehicle per 1,500 electors in a county constituency and 2,500 in a borough constituency. The broadcast of any programme relating to an election on a radio station other than one operated by theBritish Broadcasting Corporation was also prohibited. This prohibition extended to broadcasters outside the state.[citation needed]
Each candidate was allowed to send anelection address to each elector post free, and was entitled to the use of a room in a publicly funded school in which to hold meetings.[citation needed]
Part IV altered the dates for the holding of local elections in England and Wales. County councillors were to be elected in the first week of April, and all other councillors in the first week of May. All borough elections were to be held on the same day,set by the Home Secretary. The date for other elections was to be set by the appropriate county council. The change of dates meant that the borough elections due in November 1948 were postponed until the following May.Mayors' and council chairmen's terms of office were extended until the first meeting held after the rescheduled elections.[citation needed]
The constitution of theLondon County Council was slightly altered: previously two councillors were elected for electoral divisions corresponding to each parliamentary constituency in theCounty of London, with an additional four for theCity of London. With the reorganisation of constituencies in the county by the act, the City lost its special position, being combined withWestminster in asingle electoral division.[citation needed]
The dates for holding local elections in Scotland was also altered:
County, district and burgh elections due in 1948 were postponed until 1949, and councillors due to retire were to continue in office. This also applied to county conveners, burgh provosts, honorary treasurers of burghs and chairmen of district councils.[citation needed]
The final part of the act listed the duties of the registration officer and established an appeals procedure for persons excluded from the register. It also allowed for funds to be made available for the registration process.[citation needed]
Section 80(6) of the act provided that part V of the act, and part VI as relates to part V, would come into force on 1 October 1948.
Section 81 of the act provided that the act may be cited as the "Representation of the People Act, 1948" and may be cited as aRepresentation of the People Act.
Schedule I set out the names, number and constitution of the constituencies, which replaced those created by theRepresentation of the People Act 1918 (7 & 8 Geo. 5. c. 64) andGovernment of Ireland Act 1920 (10 & 11 Geo. 5. c. 67). In a few counties where there had been an exceptional increase in the electorate since 1918, additional constituencies had been created for the1945 general election by theHouse of Commons (Redistribution of Seats) Act 1944 (7 & 8 Geo. 6. c. 41) as a temporary measure.[citation needed]
The changes to constituencies were to be introduced fromthe next general election, which was held on 23 February 1950.By-elections held before then used the old constituencies.
England[edit] | ||
| County | 1918 (parliamentary boroughs + county divisions) | 1948 (borough constituencies + county constituencies) |
|---|---|---|
| Bedfordshire | 3 (0 + 3) | 4 (1 + 3) |
| Berkshire | 4 (1 + 3) | 6 (2 + 4) |
| Buckinghamshire | 3 (0 + 3) (increased to 4 (0 + 4) in 1945) | 5 (1 + 4) |
| Cambridgeshire | 2 (1 + 1) | 2 (1 + 1) |
| Cheshire | 14 (5 + 9) (increased to 15 (5 + 10) in 1945) | 15 (6 + 9) |
| Cornwall | 5 (0 + 5) | 5 (0 + 5) |
| Cumberland | 5 (1 + 4) | 4 (1 + 3) |
| Derbyshire | 9 (1 + 8) | 10 (3 + 7) |
| Devon | 11 (4 + 7) | 10 (4 + 6) |
| Dorset | 4 (0 + 4) | 4 (1 + 3) |
| Durham | 16 (5 + 11) | 18 (8 + 10) |
| Isle of Ely | 1 (0 + 1) | 1 (0 + 1) |
| Essex | 20 (12 + 8) (increased to 26 (13 + 13) in 1945) | 24 (16 + 8) |
| Gloucestershire | 11 (7 + 4) | 12 (8 + 4) |
| Hampshire | 11 (5 + 6) | 13 (8 + 5) |
| Herefordshire | 2 (0 + 2) | 2 (0 + 2) |
| Hertfordshire | 5 (0 + 5) (increased to 6 (0 + 6) in 1945) | 7 (1 + 6) |
| Huntingdonshire | 1 (0 + 1) | 1 (0 + 1) |
| Kent | 14 (3 + 11) (increased to 16 (4 + 12) in 1945) | 18 (6 + 12) |
| Lancashire | 62 (44 + 18)[e] (increased to 63 (45 + 18) in 1945) | 64 (48 + 16) |
| Leicestershire | 7 (3 + 4) | 8 (4 + 4) |
| Lincolnshire:Parts of Holland | 1 (0 + 1) | 1 (0 + 1) |
| Lincolnshire:Parts of Lindsey | 6 (4 + 2) | 6 (4 + 2) |
| Lincolnshire:Parts of Kesteven andRutland | 2 (0 + 2) | 2 (0 + 2) |
| County of London with theCity of London | 63 (63 + 0)[f] | 43 (43 + 0) |
| Middlesex | 17 (7 + 10) (increased to 24 (18 + 6) in 1945) | 28 (26 + 2) |
| Norfolk | 6 (1 + 2)[g] | 8 (2 + 6) |
| Northamptonshire and theSoke of Peterborough | 5 (1 + 4) | 5 (1 + 4) |
| Northumberland | 10 (7 + 3) | 10 (7 + 3) |
| Nottinghamshire | 9 (4 + 5) | 10 (4 + 6) |
| Oxfordshire | 3 (1 + 2) | 3 (1 + 2) |
| Shropshire | 4 (0 + 4) | 4 (0 + 4) |
| Somerset | 7 (1 + 6) | 7 (1 + 6) |
| Staffordshire | 18 (11 + 7) | 18 (12 + 6) |
| Suffolk | 6 (1 + 5) | 5 (1 + 4) |
| Surrey | 12 (5 + 7) (increased to 14 (6 + 8) in 1945) | 19 (9 + 10) |
| East Sussex | 6 (2 + 4)[h] | 7 (3 + 4) |
| West Sussex | 2 (0 + 2) (increased to 3 (0 + 3) in 1945) | 4 (1 + 3) |
| Warwickshire | 17 (13 + 4) (increased to 20 (14 + 6) in 1945) | 22 (16 + 6) |
| Westmorland | 1 (0 + 1) | 1 (0 + 1) |
| Isle of Wight | 1 (0 + 1) | 1 (0 + 1) |
| Wiltshire | 5 (0 + 5) | 5 (1 + 4) |
| Worcestershire | 6 (2 + 4) | 6 (3 + 3) |
| Yorkshire: East Riding | 7 (4 + 3) | 6 (4 + 2) |
| Yorkshire: North Riding | 7 (3 + 4) | 6 (2 + 4) |
| Yorkshire: West Riding | 44 (25 + 19) | 45 (31 + 14) |
| York | 1 (1 + 0) | 1 (1 + 0) |
Wales and Monmouthshire[edit] | ||
| County | 1918 (parliamentary boroughs + county divisions) | 1948 (borough constituencies + county constituencies) |
| Anglesey | 1 (0 + 1) | 1 (0 + 1) |
| Brecknockshire andRadnorshire | 1 (0 + 1) | 1 (0 + 1) |
| Caernarvonshire | SeeCarnarvonshire | 2 (0 + 2) |
| Carnarvonshire | 2 (1 + 1) | RenamedCaernarvonshire |
| Cardiganshire | 1 (0 + 1) | 1 (0 + 1) |
| Carmarthenshire | 2 (0 + 2) | 2 (0 + 2) |
| Denbighshire | 2 (0 + 2) | 2 (0 + 2) |
| Flintshire | 1 (0 + 1) | 2 (0 + 2) |
| Glamorganshire | 16 (9 + 7) | 16 (9 + 7) |
| Merionethshire | 1 (0 + 1) | 1 (0 + 1) |
| Monmouthshire | 6 (1 + 5) | 6 (1 + 5) |
| Montgomeryshire | 1 (0 + 1) | 1 (0 + 1) |
| Pembrokeshire | 1 (0 + 1) | 1 (0 + 1) |
Scotland[edit] | ||
| County / counties | 1918 (Parliamentary burghs + county divisions) | 1948 (Burgh constituencies + county constituencies) |
| Aberdeenshire | SeeAberdeenshire and Kincardineshire | 4 (2 + 2) |
| Aberdeenshire andKincardineshire | 5 (2 + 3)[i] | SeeAberdeenshire andAngus and Kincardineshire |
| Angus and Kincardineshire | SeeForfarshire andAberdeenshire and Kincardineshire | 4 (2 + 2) |
| Argyll | 1 (0 + 1) | 1 (0 + 1) |
| Ayrshire andBute | 4 (1 + 3) | 5 (0 + 5) |
| Banffshire | 1 (0 + 1) | 1 (0 + 1) |
| Berwickshire andEast Lothian | SeeBerwickshire and Haddingtonshire | 1 (0 + 1) |
| Berwickshire andHaddingtonshire | 1 (0 + 1) | RenamedBerwickshire and East Lothian |
| Caithness andSutherland | 1 (0 + 1) | 1 (0 + 1) |
| Dumfriesshire | 1 (0 + 1) | 1 (0 + 1) |
| Dunbartonshire | 2 (1 + 1) | 2 (0 + 2) |
| Fife | 4 (2 + 2) | 4 (2 + 2) |
| Forfarshire | 4 (3 + 1) | RenamedAngus, seeAngus and Kincardineshire |
| Galloway (Kirkcudbrightshire andWigtownshire) | 1 (0 + 1) | 1 (0 + 1) |
| Inverness-shire andRoss and Cromarty | 3 (0 + 3) | 3 (0 + 3) |
| Lanarkshire | 22 (15 + 7) | 22 (16 + 6) |
| Linlithgowshire | 1 (0 + 1) | RenamedWest Lothian |
| Midlothian andPeeblesshire | 8 (6 + 2) | 8 (7 + 1) |
| Moray andNairnshire | 1 (0 + 1) | 1 (0 + 1) |
| Orkney andZetland | 1 (0 + 1) | 1 (0 + 1) |
| Perthshire andKinross-shire | 2 (0 + 2) | 2 (0 + 2) |
| Renfrewshire | 4 (2 + 2) | 4 (2 + 2) |
| Roxburghshire andSelkirkshire | 1 (0 + 1) | 1 (0 + 1) |
| Stirlingshire andClackmannanshire | 3 (1 + 2) | 3 (1 + 2) |
| West Lothian | SeeLinlithgowshire | 1 (0 + 1) |
Northern Ireland[edit] | ||
| County / counties | 1918 (parliamentary boroughs + county divisions) | 1948 (borough constituencies + county constituencies) |
| Antrim,Armagh,Down,Fermanagh,Londonderry andTyrone | 20 (1 + 19) Reduced to 8 (0 + 8)in 1920 | 8 (0 + 8) |
| County Borough ofBelfast | 9 (9 + 0) Reduced to 4 (4 + 0)in 1920 | 4 (4 + 0) |
Sections 19 and 43 of the act were repealed by section 206 of, and part I of schedule 9 to, theRepresentation of the People Act 1983.
