This decision caused the 1997 Winchester by-election at which Malone stood again. Oaten won with a majority of 21,556, gaining 68% of the vote. He held the seat in the 2001 election, with a majority of 9,634 (with a 54.6% share of the vote), and again in 2005, although his majority dropped to 7,473 (a 50.6% share of the vote).
