Commentary on Sections Legal incapacity to vote Section 73 Abolition of common law incapacity: mental state
408.This section abolishes any common law rule which renders persons unable to vote on the basis of mental incapacity. There is case law dating back to at least the 18th Century which suggests that persons might be regarded as legally incapable of voting solely by reason of their mental state. The case law referred to such persons as ‘idiots’ and ‘lunatics’.
409.Subsection (2) makes a consequential change to the definition of ‘legal incapacity’ contained in the 1983 Act.
410.Subsection (3) makes a consequential change to the definition of ‘legal incapacity’ for Northern Ireland contained in the Elected Authorities (Northern Ireland) Act 1989.