Legalize / United Kingdom / Public General Act

Representation of the People Act 1983

Type Public General Act

Publication 1983-02-08

Last updated 2026-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament, may, on request, be lent to the returning officer at a local government election on such terms and conditions as the Electoral Commission may determine.

(2) Any ballot boxes, fittings and compartments provided by or belonging to—

(a) a local authority within the meaning of the Local Government Act 1972, or

(b) a local authority within the meaning of the Local Government (Scotland) Act 1973.

as the case may be, shall, on request, and if not required for immediate use by that authority, be lent to the returning officer at an election held under those Acts . . . on such terms and conditions as may be agreed.

Validity of local elections, and legal costs

48

(1) No local government election shall be declared invalid by reason of any act or omission of the returning officer or any other person in breach of his official duty in connection with the election or otherwise of rules under section 36 , section 36A or section 42 above if it appears to the tribunal having cognizance of the question that—

(a) the election was so conducted as to be substantially in accordance with the law as to elections; and

(b) the act or omission did not affect its result.

(2) A local government election, unless questioned by an election petition within the period fixed by law for those proceedings, shall be deemed to have been to all intents a good and valid election.

(3) The council which is required to pay the expenses properly incurred by a returning officer in relation to any local government election may treat those expenses as including all costs properly incurred by the returning officer in connection with or in contemplation of any legal proceedings arising out of the election (including any criminal proceedings against the returning officer), whether or not the proceedings are in fact instituted.

(3A) In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.

(4) In Scotland the election of a member of a local authority shall not be affected by reason only of any nullity or irregularity in the election of any other member of the authority.

Supplemental provisions as to parliamentary and local government elections

Effect of registers

49

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any entry in the register of parliamentary or local government electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of an election at which the day fixed for the poll is that or a later date.

(4A) Subsection (4) applies to an entry in the record of anonymous entries as it applies to an entry in the register of parliamentary or local government electors.

(5) A person registered as a parliamentary or local government elector, or entered in the list of proxies, shall not be excluded from voting on any of the following grounds: but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

The grounds are—

(a) that he is not of voting age;

(b) that he is not or was not at any particular time—

(i) a Commonwealth citizen;

(ii) a citizen of the Republic of Ireland;

(iii) in the case of a person registered as a parliamentary elector in pursuance of an overseas elector’s declaration, a British citizen;

(iiia) in the case of a person registered as a local government elector in England or entered in the list of proxies by virtue of being a qualifying EU citizen or an EU citizen with retained rights, a qualifying EU citizen or an EU citizen with retained rights;

(iv) in the case of a person registered as a local government elector in Wales or entered in the list of proxies by virtue of being a relevant citizen of the Union, a relevant citizen of the Union;

(v) in the case of a person registered as a local government elector in Wales or entered in the list of proxies by virtue of being a qualifying foreign citizen, a qualifying foreign citizen,

(v) in the case of a person registered as a local government elector in Scotland or entered in the list of proxies by virtue of being a qualifying foreign national, a qualifying foreign national,

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of misdescription

50

No misnomer or inaccurate description of any person or place named—

(a) in the register of parliamentary electors, or

(b) in the register of local government electors, or

(c) in any list, record, proxy paper, nomination paper, ballot paper, notice or other document required for the purposes of this Part of this Act, and the parliamentary elections rules,

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Corrupt and illegal practices lists

51

Discharge of registration duties

52

(1) A registration officer shall comply with any general or special directions which may be given by the Secretary of State with respect to the arrangements to be made by the registration officer for carrying out his functions under this Act.

(1A) Without prejudice to the generality of subsection (1) above, the directions which may be given under subsection (1) include directions requiring a registration officer to maintain his registers in a specified electronic form; and any such directions may in particular specify—

(a) the software which is to be used in connection with the maintenance of the registers in that form;

(b) the standards in accordance with which that software is to be maintained and updated;

(c) how information required (by or under any enactment) to be included in the registers is to be recorded and stored in that form.

(2) Any of the duties and powers of a registration officer may be performed and exercised by any deputy for the time being approved . . . , by the council which appointed the registration officer, and the provisions of this Act apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.

(3) In England and Wales, any acts authorised or required to be done by or with respect to the registration officer may, in the event of his incapacity to act or of a vacancy, be done by the proper officer of the council by or with respect to whom the registration officer was appointed.

(4) It shall be the duty—

(a) in England . . ., of a district council or London borough council,

(aa) in Wales, of a county or county borough council, and

(b) in Scotland, of every local authority,

to assign such officers to assist the registration officer as may be required for carrying out his functions under this Act.

(5) Subsection (2) above does not apply in Northern Ireland but sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer for Northern Ireland in his capacity as registration officer.

Power to make regulations as to registration etc.

53

(1) Provision may be made by regulations—

(a) with respect to the form of the register of electors and of . . . any special lists or records required by this Act in connection with the register or with any election;

(b) with respect to—

(i) the procedure to be followed in the preparation of the register and the place and manner of its publication, and

(ii) the procedure to be followed in the preparation of any such special lists or records, and the time, place and manner of their publication; ...

(ba) with respect to applications under sections 13BD, 13BE and 13C and documents or cards issued under any of those sections; and

(c) generally with respect to any matters incidental to the provisions of this Act so far as those provisions relate to the registration of electors or to voting by post or proxy.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Without prejudice to the generality of subsection (1) above, regulations made with respect to the matters mentioned in that subsection may contain any such provisions as are mentioned in Schedule 2 to this Act.

(4) Provision may also be made by regulations—

(a) for the supply of any such record or special list as is mentioned in subsection (1) above to such persons as are prescribed;

(b) with respect to any conditions subject to which the supply is made;

(c) making it an offence (punishable on summary conviction by a fine not exceeding level 5 on the standard scale) for a person to fail to comply with any such condition.

(5) Before making regulations containing provision under paragraph 1A of Schedule 2, or paragraph 13(1ZB) of that Schedule so far as relating to that paragraph, the Secretary of State must consult—

(a) the Electoral Commission,

(b) the Information Commissioner, and

(6) The Secretary of State may require the Electoral Commission to—

(a) prepare a report on specified matters relating to the operation of any provision made under paragraph 1A of Schedule 2, and

(b) give the Secretary of State a copy of the report by no later than a specified date.

(7) The Secretary of State must publish a copy of the report.

(8) A registration officer ... must comply with any request made by the Electoral Commission for information that it reasonably requires in connection with the preparation of a report under subsection (6).

(9) The power to make regulations under this section—

(a) so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Scotland, is exercisable by the Scottish Ministers concurrently with that Minister, and

(b) so far as it is exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, is exercisable by the Welsh Ministers concurrently with that Minister.

(10) The power of the Scottish Ministers to make regulations by virtue of subsection (9) is exercisable in the same ways and subject to the same provisions as their power to make other regulations under this section, except that—

(a) the power is not exercisable without the agreement of a Minister of the Crown, and

(b) regulations made in exercise of the power are subject to the negative procedure.

(10A) The power of the Welsh Ministers to make regulations by virtue of subsection (9) is not exercisable without the agreement of a Minister of the Crown.

(10B) A statutory instrument containing regulations made by the Welsh Ministers by virtue of subsection (9) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(11) In subsection (9)—

“election in Scotland” means—an election for membership of the Scottish Parliament, ora local government election in Scotland;

“election in Wales” means— an election of Assembly members, ora local government election in Wales;

“UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors.

Payment of expenses of registration

54

(1) Any expenses properly incurred by a registration officer in the performance of his functions under this Act or the Electoral Registration and Administration Act 2013 (in this Act referred to as “registration expenses”) shall (except in Northern Ireland) be paid by the local authority by whom the registration officer was appointed.

(2) The registration expenses of the Chief Electoral Officer for Northern Ireland shall be paid out of moneys provided by Parliament.

(3) Any fees paid to the registration officer under this Act—

(a) shall be accounted for by him and paid to the local authority by whom he was appointed;

(b) in the case of the Chief Electoral Officer for Northern Ireland, shall be accounted for by him to the Secretary of State and paid into the Consolidated Fund.

(4) On the request of a registration officer for an advance on account of registration expenses—

(a) the local authority by whom the registration officer was appointed may, if they think fit, make such an advance to him of such an amount and subject to such conditions as they may approve; or

(b) in the case of the Chief Electoral Officer for Northern Ireland, the Secretary of State may, if he thinks fit, make such an advance to him of such an amount and subject to such conditions as the Secretary of State may approve.

(5) Any registration expenses or contributions to them paid by the Common Council shall be paid out of the general rate and any sums paid to the Common Council under this section shall be placed to the credit of that rate.

Ascertainment of amount of registration expenses

55

Registration appeals: England and Wales

56

(1) An appeal lies to the county court—

(a) from any decision of a registration officer not to register a person following an application under section 10ZC,

(aza) from any decision of a registration officer to register a person following an application under section 10ZC in a case where an objection has been made under that section,

(azb) from any decision of a registration officer not to alter a register following an application under section 10ZD,

(azc) from any decision of a registration officer to alter a register following an application under section 10ZD in a case where an objection has been made under that section,

(azd) from any decision of a registration officer under section 10ZE, or any other provision of this Act, as a result of which a person's entitlement to remain registered terminates,

(aa) from any decision of a registration officer not to make a determination under section 10ZE(1) following an objection under section 10ZE(5)(a),

(ab) from a determination of the registration officer under section 9B(2) above,

(ac) from a determination of a registration officer not to issue—

(i) an electoral identity document following an application under section 13BD, or

(ii) an anonymous elector’s document following an application under section 13BE,

(b) from any decision under this Act of the registration officer disallowing a person’s application to vote by proxy or by post as elector or to vote by post as proxy, in any case where the application is not made for a particular election only,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but an appeal does not lie where the person desiring to appeal has not availed himself of a prescribed right to be heard by or make representations to the registration officer on the matter which is the subject of the appeal, or has not given the prescribed notice of appeal within the prescribed time.

(2) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this section.

(3) An appeal to the county court or Court of Appeal by virtue of this section which is pending when notice of an election is given shall not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4) Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this section, and the registration officer shall, in accordance with sections 13A, 13AB, 13B and 13BC above,make such alterations in the . . . register as may be required to give effect to the decision.

(4A) Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) above takes effect under section 13(5), 13A(2), 13AB(3) or 13B(3) or (3B) or 13BC(3) or (6) above on or before the date of the poll, subsection (3) above does not apply to that appeal as respects that election.

(5) The registration officer shall undertake such duties in connection with appeals brought by virtue of this section as may be prescribed and shall on any such appeal be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this subsection.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration appeals: Scotland

57

(1) Section 56 above applies to Scotland subject to the following modifications—

(a) subsection (2) shall be omitted;

(b) an appeal lies on any point of law from any decision of the sheriff under this section to the court of three judges constituted under subsection (2) below; and

(2) The court for hearing appeals under paragraph (b) of subsection (1) above shall consist of three judges of the Court of Session who shall be appointed by the Court of Session by act of sederunt and of whom one judge shall be appointed from each division of the Inner House and one from the Lords Ordinary in the Outer House; and the Principal Clerk of Session shall be the clerk of the court.

(3) The Court of Session may by act of sederunt fill any vacancy in the court of three judges, and regulate its sittings and forms of process so as to carry out the provisions of this Act; and acts of sederunt under this section may be made, and the court of three judges may sit, either during the sitting of the Court of Session or in vacation or recess.

Registration appeals: Northern Ireland

58

(1) An appeal lies to the county court—

(a) from any decision under this Act of the Chief Electoral Officer for Northern Ireland on any application for registration or objection to a person's registration made to and considered by him;

(b) from any decision under this Act of the Chief Electoral Officer (other than on an application for registration or objection to a person's registration) that a person registered in respect of any address was not entitled to be registered in respect of that address or that he has ceased to be resident at that address or has otherwise ceased to satisfy the conditions for registration set out in section 4;

(ba) from a determination of the Chief Electoral Officer under section 9B(2) or section 9C(1B);

(bb) from a determination of the Chief Electoral Officer not to issue an electoral identity card following an application under section 13C;

(c) from any decision under this Act of the Chief Electoral Officer disallowing a person's application to vote by proxy or by post as elector or to vote by post as proxy, in any case where the application is not made for a particular election only.

(2) But an appeal does not lie where the person desiring to appeal—

(a) has not availed himself of a prescribed right to be heard by or make representations to the Chief Electoral Officer on the matter which is the subject of the appeal, or

(b) has not given the prescribed notice of appeal within the prescribed time.

(3) An appeal to the county court or Court of Appeal by virtue of this section which is pending when notice of an election is given does not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision—

(a) is as good as if no such appeal had been brought, and

(b) is not affected by the decision of the appeal.

(4) The Chief Electoral Officer must, in accordance with sections 13A, 13BA and 13BC, make such alterations in the register as may be required to give effect to the decision.

(5) Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13BA(6) or (9) or 13BC(3) or (6) on or before the date of the poll, subsection (3) does not apply to that appeal as respects that election.

(6) The Chief Electoral Officer—

(a) must undertake such duties in connection with appeals brought by virtue of this section as may be prescribed, and

(b) on any appeal is deemed to be a party to the proceedings;

and the registration expenses payable to him include any expenses properly incurred by virtue of this subsection.

(7) Section 21(1) of the Interpretation Act (Northern Ireland) 1954 (rules regulating procedure of courts etc.) applies as if the jurisdiction conferred by subsection (1) were conferred by any enactment within the meaning of that Act.

Supplemental provisions as to members of forces and service voters

59

(1) In this Part of this Act, the expression “member of the forces”—

(a) means a person serving on full pay as a member of any of the naval, military or air forces of the Crown raised in the United Kingdom; but

(b) does not include

(i) a person serving only as a member of a reserve or auxilliary force except in so far as regulations provide that it shall include persons so serving during a period of emergency.or

(ii) a member of the regular army whose terms of service are such that, except for the purpose of training, he is required to serve only in Northern Ireland

(2) Where a person—

(a) is not a member of the forces as defined by subsection (1) above, but

(b) is, in the performance of his duty as a member of any of Her Majesty’s reserve or auxiliary forces, absent on the relevant date for the purposes of section 4 above from an address at which he has been residing,

any question arising under section 5(3) above whether his residence at that address has been interrupted on that date by his absence in the performance of that duty shall be determined as if the performance of it did not prevent his resuming actual residence at any time after that date.

(3) Arrangements must be made by the appropriate government department for securing that every person having a service qualification by virtue of paragraph (a) or (b) of section 14(1) above has (so far as circumstances permit) an effective opportunity of exercising from time to time as occasion may require the rights conferred on him by this Act in relation to—

(a) registration in a register of electors (and in particular in relation to the making and cancellation of service declarations);

(b) the making and cancellation of appointments of a proxy;

(3A) Arrangements must be made by the appropriate government department for securing that every such person receives such instructions as to the effect of this Act and any regulations made under it, and such other assistance, as may be reasonably sufficient in connection with the exercise by that person and any spouse or civil partner of that person of any rights conferred on them as mentioned above.

(3B) In subsections (3) and (3A) “the appropriate government department” means, in relation to members of the forces, the Ministry of Defence, and in relation to any other person means the government department under which he is employed in the employment giving the service qualification.

(3C) The Ministry of Defence must maintain, in relation to each member of the forces who provides information relating to his registration as an elector, a record of such information.

(3D) The Ministry of Defence must make arrangements to enable each member of the forces to update annually the information recorded under subsection (3C).

(4) In relation to persons having a service qualification by virtue of paragraph (c) of section 14(1), the British Council shall be under a corresponding obligation to that imposed by subsections (3) and (3A) above on the appropriate government department.

Offences

Personation

60

(1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

(2) A person shall be deemed to be guilty of personation at a parliamentary or local government election if he—

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

(b) votes in person or by post as proxy—

(i) for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

(ii) when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force.

(3) For the purposes of this section, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences

61

(1) A person shall be guilty of an offence if—

(a) he votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector, at a parliamentary or local government election, or at parliamentary or local government elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(b) he applies for the appointment of a proxy to vote for him at any parliamentary or local government election or at parliamentary or local government elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

(c) he votes, whether in person or by post, . . . ,as proxy for some other person at a parliamentary or local government election, knowing that that person is subject to a legal incapacity to vote.

For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

(1A) A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—

(a) at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors;

(b) at a parliamentary election where—

(i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

(c) at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors;

(d) at a local government election in England where—

(i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration;

(e) at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors;

(f) at parliamentary elections where—

(i) P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

(g) at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors;

(h) at local government elections in England, where—

(i) P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.

(2) A person shall be guilty of an offence if—

(a) he votes as elector otherwise than by proxy either—

(i) more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

(ii) in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

(iii) in any constituency at a general election, or in any electoral area at such an ordinary election as mentioned above, when there is in force an appointment of a person to vote as his proxy at the election in some other constituency or electoral area; or

(ab) the person votes as elector otherwise than by proxy in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

(ac) the person votes as elector otherwise than by proxy in any electoral area at an election of councillors for a local government area in Scotland when—

(i) there is in force an appointment of a person to vote as the person's proxy at the election in some other electoral area in Scotland, and

(ii) the polls for more than one local government election are held on the same day, or

(b) he votes as elector in person at a parliamentary or local government election at which he is entitled to vote by post; or

(c) he votes as elector in person at a parliamentary or local government election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

(d) . . . , he applies for a person to be appointed as his proxy to vote for him at parliamentary elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(2A) In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy—

(a) more than once at the same election of the Mayor of London;

(b) more than once at the same election of the London members of the London Assembly at an ordinary election;

(c) more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;

(d) in more than one Assembly constituency at the same ordinary election; or

(e) in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency.

(3) A person shall be guilty of an offence if—

(a) he votes as proxy for the same elector either—

(i) more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

(ii) in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

(ab) the person votes as proxy for the same elector in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

(b) he votes in person as proxy for an elector at a parliamentary or local government election at which he is entitled to vote by post as proxy for that elector; or

(d) he votes in person as proxy for an elector at a parliamentary or local government election knowing that the elector has already voted in person at the election.

(3A) In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector—

(a) more than once at the same election of the Mayor of London;

(b) more than once at the same election of the London members of the London Assembly at an ordinary election;

(c) more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or

(d) in more than one Assembly constituency at the same ordinary election.

(3B) A person (“P”) is also guilty of an offence if P votes as proxy—

(a) for more than four electors—

(i) at a parliamentary election;

(ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together;

(iii) at a local government election in England;

(iv) where the polls for two or more local government elections in England are held on the same day, at those elections taken together;

(b) for more than two electors—

(i) at a parliamentary election, or

(ii) where the polls for two or more parliamentary elections are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration;

(i) at a local government election in England, or

(ii) where the polls for two or more local government elections in England are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.

(4) A person shall also be guilty of an offence if he votes ... at a local government election in any electoral area in Wales or Scotland as proxy for more than two persons of whom he is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(5) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge, would be, an offence by that other person under the foregoing subsections of this section.

(6) For the purposes of this section a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted (but see subsection (6ZA)), but for the purpose of determining whether an application for a ballot paper constitutes an offence under subsection (3B) or (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

(6ZA) For the purpose of determining whether an application for a ballot paper constitutes an offence under any of the multiple voting provisions, a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.

(6ZB) In subsection (6ZA), “the multiple voting provisions” means subsections (2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c).

(6A) A person is not guilty of an offence under subsection (2)(b) or (3)(b) above only by reason of his having marked a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

(6A) Where a person is alleged to have committed an offence under subsection (2)(a)(i) or (3)(a)(i) above by voting on a second or subsequent occasion at a parliamentary election, he shall not be deemed by virtue of subsection (6) above to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 40(1C) of the parliamentary elections rules.

(6B) Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—

(a) made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and

(b) which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.

(7) An offence under this section shall be an illegal practice, but—

(a) the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and

(b) a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this section of any agent of his other than an offence under subsection (5) above.

Offences as to declarations

62

(1) A person who—

(a) makes a declaration of local connection or a service declaration—

(i) when he is not authorised to do so by section 7B(1) or section 15(1) above, or

(ii) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

(iii) when he knows that it contains a statement which is false, or

(b) attests a service declaration when he knows—

(i) that he is not authorised to do so, or

(ii) that it contains a false statement as to any particulars required by regulations under section 16 above,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1A) A person who makes a declaration under section 9B(1A)(a) above—

(a) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

(b) when he knows that it contains a statement which is false,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Where the declaration is available only for local government elections the references in subsections (1) and (1A) above to a legal incapacity to vote refer to a legal incapacity to vote at local government elections.

Breach of official duty in parliamentary elections

63

(1) If a person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

(3) The persons to whom this section applies are—

(a) the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

(b) any ... registration officer, returning officer or presiding officer,

(c) any other person whose duty it is to be responsible after a parliamentary or local government election for the used ballot papers and other documents (including returns and declarations as to expenses),

(d) any official designated by a universal postal service provider, and

(e) any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by the law relating to parliamentary or local government elections or the registration of parliamentary or local government electors.

(4) Where—

(a) a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but

(b) he remedies that act or omission in full by taking steps under subsection (1) of that section,

he shall not be guilty of an offence under subsection (1) above.

(5) Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

Breach of official duty in local elections

64

Tampering with nomination papers, ballot papers etc.

65

(1) A person shall be guilty of an offence, if, at a parliamentary or local government election, he—

(a) fraudulently defaces or fraudulently destroys any nomination paper; or

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or declaration of identity or official envelope used in connection with voting by post; or

(d) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or

(e) fraudulently takes out of the polling station any ballot paper; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2) In Scotland, a person shall be guilty of an offence if—

(a) at a parliamentary or local government election, he forges any nomination paper, delivers to the returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper; or

(b) at a local government election, he signs any nomination paper as candidate or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or

(3) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers is guilty of an offence under this section, he shall be liable—

(a) on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;

(b) on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both

(4) If any other person is guilty of an offence under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

Requirement of secrecy

66

(1) The following persons—

(a) every returning officer and every presiding officer or clerk attending at a polling station,

(b) every candidate or election agent or polling agent so attending,

(c) every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to—

(i) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

(ii) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(iii) the official mark.

(2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—

(a) ascertain or attempt to ascertain at the counting of the votes the number or other unique identifying mark on the back of any ballot paper;

(b) communicate any information obtained at the counting of the votes as to the candidate for whom any vote is given on any particular ballot paper.

(3) No person shall—

(a) interfere with or attempt to interfere with a voter when recording his vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted;

(c) communicate at any time to any person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given to a voter at that station;

(d) directly or indirectly induce a voter to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has or has not voted.

(3A) No person may—

(a) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election;

(b) except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a ballot paper sent to a person for voting by post at a relevant election;

(c) obtain or attempt to obtain information, in the circumstances mentioned in subsection (3B), as to the candidate for whom a person voting by post at a relevant election (“V”) is about to vote or has voted;

(d) communicate at any time to any other person information obtained in contravention of paragraph (c).

(3B) The circumstances referred to in subsection (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.

(3C) But—

(a) a person (“E”) who is voting by proxy does not contravene subsection (3A) by obtaining or attempting to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to E’s vote, and

(b) a person who is appointed as proxy for an elector does not contravene subsection (3A) by communicating to that elector information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to that elector’s vote.

(3D) Subsection (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—

(a) a published statement relating to the way in which voters intend to vote or have voted at the relevant election, or

(b) a published forecast as to the result of that election which is based on information given by voters.

(3E) In subsection (3D)—

(a) “forecast” includes estimate;

(b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;

(c) the reference to the result of the relevant election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.

(3F) A person voting as proxy for an elector at a relevant election—

(a) must not communicate at any time to any person other than that elector any information as to the candidate for whom the person is about to vote, or has voted, as proxy for that elector;

(b) except for some purpose authorised by law, must not communicate at any time to any person other than that elector the number or other unique identifying mark on the back of a ballot paper sent or delivered to the person for voting as proxy for that elector.

(4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not—

(a) Except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of the ballot paper sent to any person; or

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(4A) No person having undertaken to assist a relevant voter to vote at a relevant election may communicate at any time to any person except that voter any information as to—

(a) the candidate for whom the voter intends to vote or has voted, or

(b) the number or other unique identifying mark on the back of the ballot paper given for the use of the voter.

(4B) In subsection (4A) “relevant voter” means a voter who is blind, has another disability, or is unable to read.

(5) No person having undertaken to assist a blind voter to vote at an election in Scotland or Wales under the local government Act shall communicate at any time to any person any information as to the candidate for whom that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given for the use of that voter.

(6) If a person acts in contravention of this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months.

(6A) In this section, “relevant election” means—

(a) a parliamentary election, or

(b) an election in England under the local government Act.

(7) In their application in relation to an election of the London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect with the insertion, after the words “the candidate for whom”, in each place where they occur, of “, or the registered political party towards the return of whose candidates,”.

(8) In relation to an election of the London members of the London Assembly at an ordinary election, any reference in this section to the return of a registered political party’s candidates is a reference to the return of candidates included in the list of candidates submitted by the registered political party for the purposes of the election.

Part II — The Election Campaign

The Election agent

Appointment of election agent

67

(1) Not later than the latest time for the delivery of notices of withdrawals for an election, a person shall be named by or on behalf of each candidate as the candidate’s election agent, and the name and address of the candidate’s election agent shall be declared in writing by the candidate or some other person on his behalf to the appropriate officer not later than that time.

(1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, the requirements of subsection (1) above in relation to those candidates are that not later than the time there mentioned—

(a) a person shall be named by or on behalf of the party as the election agent of all of those candidates; and

(b) the declaration required by that subsection shall be made by or on behalf of the party.

(2) A candidate may name himself as election agent, and upon doing so shall, so far as circumstances admit, be subject to the provisions of this Act both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.

(2A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, a candidate included in the list—

(a) must not under subsection (2) above name himself as his own election agent, but

(b) may be named by or on behalf of the party as the election agent of all the candidates included in the list,

and the provisions which have effect by virtue of subsection (2) above in relation to a candidate upon his naming himself as election agent shall also have effect in relation to a candidate upon his being named as election agent by virtue of paragraph (b) above.

(3) Subject to subsection (3A) below,One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.

(3A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a) the same person must be appointed as election agent for all the candidates included in the list; and

(b) any such appointment may only be revoked by or on behalf of the party and in respect of all the candidates.

(4) If whether before, during or after the election the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate officer.

(5) The declaration as a candidate’s election agent of a person other than the candidate shall be of no effect under this section unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

(5A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (5) above shall apply in relation to the candidates included in that list as if the reference to a person other than the candidate were a reference to a person other than the candidate whose name appears highest on the list.

(6) Upon the name and address of an election agent being declared to the appropriate officer, the appropriate officer shall forthwith give public notice of that name and address , unless subsection (6ZA) applies.

(6ZA) Where an election agent is appointed in a Scottish local government election, a declaration under section 67(1) may include a request by the election agent that any public notice of their address is to a correspondence address rather than their home address.

(6ZB) A request under subsection (6ZA) must be granted by the returning officer where an alternative correspondence address has been provided.

(6A) Where a candidate at an election of councillors to a county or county borough council in Wales has named themself as election agent and the home address form accompanying the candidate’s nomination paper contains a statement under rule 9(6) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 that the candidate’s home address must not be made public—

(a) the candidate’s home address must not be included in the public notice under subsection (6), and

(b) the information given in the candidate’s home address form under rule 9(7) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 must be included in the public notice instead.

(7) In this Part of this Act the expression “appropriate officer” means—

(a) in relation to a parliamentary election, the returning officer;

(aa) in relation to an Authority election, the returning officer for that election (as determined under subsection (2B) of section 35 or, as the case may be, paragraph (a) or (b) of subsection (2C) of that section);

(b) in relation to any other local government election,, the proper officer of the authority for which the election is held.

Nomination of sub-agent at parliamentary elections

68

(1) In the case of

(a) a parliamentary election for a county constituency, or

(b) an Authority election,

an election agent for a candidate may appoint to act in any part of the constituency or electoral area one, but not more than one, deputy election agent (in this Act referred to as sub-agent).

(2) As regards matters in a part of the constituency or electoral area for which there is a sub-agent the election agent may act by the sub-agent and—

(a) anything done for the purposes of this Act by or to the sub-agent in his part of the constituency or electoral area shall be deemed to be done by or to the election agent; and

(b) any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and

(c) the candidate shall suffer the like incapacity as if that act or default had been the election agent’s act or default.

(3) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate officer, and the appropriate officer shall forthwith give public notice of the name and address of every sub-agent so declared , unless subsection (3A) applies.

(3A) Where a sub-agent is appointed in a Scottish local government election, a declaration under section 68(3) may include a request by the sub-agent that any public notice of their address is to a correspondence address rather than their home address.

(3B) A request under subsection (3A) must be granted by the returning officer where an alternative correspondence address has been provided.

(4) The appointment of a sub-agent—

(a) shall not be vacated by the election agent who appointed him ceasing to be election agent, but

(b) may be revoked by whoever is for the time being the candidate’s election agent,

and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate officer, who shall forthwith give public notice of the name and address so declared.

(4A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a) the election agent for those candidates must, if he appoints a sub-agent for any part of the electoral area in the case of any of those candidates, appoint the same person as sub-agent for that part of the electoral area in the case of all of the candidates; and

(b) any such appointment may only be revoked in respect of all of the candidates.

(5) The declaration to be made to the appropriate officer, and the notice to be given by him, under subsection (3) or subsection (4) above shall specify the part of the constituency or electoral area within which any sub-agent is appointed to act.

Office of election agent and sub-agent

69

(1) Every election agent and every sub-agent shall have an office to which all claims, notices, legal process and other documents may be sent, and the address of the office shall be—

(a) declared to the appropriate officer at the same time as the appointment of the agent is declared to him; and

(b) stated in the public notice of the name of the agent.

(1A) Subsection (1B) applies where—

(a) a candidate at an election of councillors to a county or county borough council in Wales has named themself as election agent,

(b) the home address form accompanying the candidate’s nomination paper contains a statement under rule 9(6) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 that the candidate’s home address must not be made public, and

(1B) If the candidate (in their capacity as election agent) does not want the office address to be included in the public notice under section 67(6), the candidate must, in addition to declaring the office address, provide the appropriate officer with another address in England or Wales to be used for correspondence (“a correspondence address”).

(1C) Where the candidate (in their capacity as election agent) provides a correspondence address under subsection (1B)—

(a) the office address must not be included in the public notice under section 67(6), and

(b) the correspondence address must be included instead.

(2) The office—

(a) of the election agent for a parliamentary election shall be within the constituency or an adjoining constituency or in a Welsh county or county borough, or London borough or district, which is partly comprised in or adjoins the constituency, and that of a sub-agent shall be in the area within which he is appointed to act; and

(b) of an election agent for a local government election shall be within the local government area or in the constituency or one of the constituencies in which the area is comprised or in a Welsh county or county borough, or London borough or district, which adjoins it, and that of a sub-agent shall be in the area within which he is appointed to act.

(3) Any claim, notice, legal process or other document delivered at the office of the election agent or sub-agent , or delivered to a correspondence address provided under subsection (1C), and addressed to the agent, shall be deemed to have been served on him and every election agent or sub-agent may in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent's appointment

70

(1) If no person’s name and address is given as required by section 67 above as the election agent of a candidate who remains validly nominated at the latest time for delivery of notices of withdrawals, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent.

(2) If—

(a) the person whose name and address have been so given as those of the candidate’s election agent (not being the candidate himself) dies, and

(b) a new appointment is not made on the day of the death or on the following day,

the candidate shall be deemed to have appointed himself as from the time of death.

(3) If the appointment of a candidate’s election agent is revoked without a new appointment being made, the candidate himself shall be deemed to have been appointed (or reappointed) election agent.

(3A) The deemed appointment of a candidate as his own election agent may be revoked as if it were an actual appointment.

(4) Where a candidate is by virtue of this section to be treated as his own election agent, he shall be deemed to have his office—

(a) at his address as given in the statement as to persons nominated (or where, in the case of a parliamentary election, the address is not given on that statement, the address as given under rule 6(4) of Schedule 1 to this Act) ; or

(b) if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.

(4A) In relation to a candidate who is deemed by virtue of this section to be their own election agent at an election of councillors to a county or county borough in Wales, subsection (4) does not apply and the candidate’s office is instead deemed to be—

(a) in a case where the candidate’s home address given under rule 9(2)(b) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 is in England or Wales, at that address, and

(b) otherwise, at the candidate’s qualifying address as stated under rule 9(2)(c) of Schedule 1 or 2 to those Rules or, where more than one qualifying address is stated, at the first of those addresses.

(5) Where in a local government election in Scotland a candidate is by virtue of this section to be treated as his own election agent, he shall be deemed to have his office—

(a) at his address as given in his nomination paper or papers, or

(b) if that address is outside the permitted area for the office, at the address of the person named as the proposer of the candidate in the nomination paper first delivered in which the address of the proposer is in the local government area.

(6) The appropriate officer on being satisfied that a candidate is by virtue of this section to be treated as his own election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69 above.

(7) In the case of a parliamentary election, subsection (6) above applies whether or not a statement has been made under rule 6(5) of Schedule 1 to this Act requiring the candidate's home address not to be made public.

(8) In relation to a candidate who is deemed by virtue of this section to be their own election agent at an election of councillors to a county or county borough in Wales, subsection (6) does not apply and instead sections 67 and 69 apply with the following modifications.

(9) Section 67 applies as if the name and address of the candidate had been declared in writing to the appropriate officer under subsection (1) of that section.

(10) Section 69 applies as if—

(a) the address at which the candidate’s office is deemed to be had been declared to the appropriate officer under subsection (1)(a) of that section, and

(b) subsections (1A) to (1C) and (2) of that section were omitted.

Elections where election agent not required

71

A candidate—

(a) at an election in England of parish councillors, or in Wales of community councillors, or

(b) at any election under the local government Act which is not a local government election,

need not have an election agent, and accordingly the foregoing provisions of this Part of this Act do not apply to those elections.

Election expenses

Making of contracts through election agent

72

Payment of expenses through election agent

73

(1) Subject to subsection (5) below, no payment (of whatever nature) shall be made by—

(a) a candidate at an election, or

(b) any other person,

in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.

(2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.

(3) The references in the foregoing provisions of this section to an election agent shall, in relation to a parliamentary or Authority election where subagents are allowed, be taken as references to the election agent acting by himself or a sub-agent.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This section does not apply to—

(a) any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate;

(b) any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision;

(ca) any expenses incurred ... on account of any matter falling within section 75(1) by a person authorised as mentioned in that provision; or

(d) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of section 90ZA(5) below.

(6) A person who makes any payment (of whatever nature) in contravention of subsection (1) above ... shall be guilty of an illegal practice.

Candidate's personal expenses, and petty expenses

74

(1) The candidate at an election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but

(a) the amount which a candidate at a parliamentary election may pay shall not exceed £600,.

(b) the amount which a candidate at an election of the Mayor of London may pay shall not exceed £5,000,

(c) the amount which a candidate at an election of a constituency member of the London Assembly may pay shall not exceed £600, and

(d) the amount which a candidate to be a London member of the London Assembly at an ordinary election may pay shall not exceed £900,

and, where paragraph (a), (b), (c) or (d) above applies,any further personal expenses so incurred by him shall be paid by his election agent.

(1A) In the application of subsection (1) above in relation to a person who is a candidate in two or more Authority elections those elections shall be treated—

(a) if one of them is an election of the Mayor of London, as if they together constituted a single election falling within paragraph (b) of that subsection, and

(b) in any other case, as if they together constituted a single election falling within paragraph (d) of that subsection.

(1B) The candidate at an election may also pay any election expenses (other than expenses falling within subsection (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.

(2) The candidate shall send to his election agent within the time limited by this Act for sending in claims a written statement of the amount of expenses paid as mentioned in subsection (1) or (1B) aboveby the candidate.

(3) Any person may, if so authorised in writing by the candidate’s election agent, pay any necessary expenses for stationery, postage, telegrams (or any similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

(4) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Act for sending in claims, and shall be vouched for by a bill containing that person’s receipt.

(5) Sections 78 and 79 below do not apply to expenses which, in accordance with any provision of this section, are paid otherwise than by the candidate’s election agent.

Prohibition of expenses not authorised by election agent

75

(1) No expenses shall, with a view to promoting or procuring the election of a candidate (or, in the case of an election of the London members of the London Assembly at an ordinary election, a registered political party or candidates of that party) at an election, be incurred after he becomes a candidate at that election by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account—

(a) of holding public meetings or organising any public display; or

(b) of issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate or

(d) in the case of an election of the London members of the London Assembly at an ordinary election, of otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party or the extent or nature of that party’s backing or disparaging any other registered political party.

but paragraph (c) or (d) of this subsection shall not—

(i) restrict the publication of any matter relating to the election in a newspaper or other periodical or in a broadcast made by the British Broadcasting Corporation or or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996; or

(ii) apply to any expenses not exceeding in the aggregate the sum of £5 which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others, or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

(1ZZA) Paragraph (c) or (d) of subsection (1) above does not restrict the publication of any matter relating to the election in—

(a) a newspaper or other periodical,

(b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.

(1ZZB) Subsection (1) above does not apply to any expenses incurred by any person—

(a) which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or

(b) in travelling or in living away from home or similar personal expenses.

(1ZA) For the purposes of subsection (1ZZB)(a) above, “the permitted sum” means—

(a) in respect of a candidate at a parliamentary election, £700;

(b) in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;

and expenses shall be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (1ZZB)(a) fall within subsection (1) above.

(1A) In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, any reference to the candidate includes a reference to all or any of the candidates of a registered political party ; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party.

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a person incurs any expenses required by this section to be authorised by the election agent—

(a) that person shall within 21 days after the day on which the result of the election is declared deliver to the appropriate officer a return of the amount of those expenses, stating the election at which and the candidate in whose support they were incurred, and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred.

but this subsection does not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.

(3) The return and declaration under the foregoing provisions of this section shall be in the prescribed form, and the authority received from the election agent shall be annexed to and deemed to form part of the return.

(4) A copy of every return and declaration made under subsection (2) above in relation to a parliamentary election in England, Wales or Northern Ireland must be sent to the relevant officer within 21 days after the day on which the result of the election is declared by the person making the return or declaration.

(4A) The relevant officer is—

(a) in relation to England and Wales, the returning officer;

(b) in relation to Northern Ireland, the Clerk of the Crown for Northern Ireland.

(4B) The returning officer must forward to the relevant registration officer (within the meaning of rule 55 of the parliamentary elections rules) every document sent to him in pursuance of subsection (4) above.

(4C) Rule 57 of those rules applies to any documents sent under this section to—

(a) the relevant registration officer, or

(b) the Clerk of the Crown for Northern Ireland.

(5) If a person—

(a) incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this section, or

(b) knowingly makes the declaration required by subsection (2) falsely,

he shall be guilty of a corrupt practice; and if a person fails to deliver or send any declaration or return or a copy of it as required by this section he shall be guilty of an illegal practice, but—

(i) the court before whom a person is convicted under this subsection may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and

(ii) a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this subsection committed by an agent without his consent or connivance.

(6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves—

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(7) For the purposes of this section, in the case of an election of the London members of the London Assembly at an ordinary election, a candidate’s registered political party is the registered political party (if any) which submitted for the purposes of that election a list of candidates on which the candidate in question is included.

(8) For the purposes of subsection (1), expenditure incurred before the date when a person becomes a candidate at the election is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.

(11) This section does not apply in relation to a local government election in Scotland.

Limitation of election expenses

76

(1) The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.

(1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).

(1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) below or prescribed by order under subsection (2A) below, any candidate or election agent who—

(a) incurred, or authorised the incurring of, the election expenses, and

(b) knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,

shall be guilty of an illegal practice.

(2) That maximum amount is—

(a) for a candidate at a parliamentary general election, being an election—

(i) in a county constituency, £11,390 together with an additional 12p for every entry in the register of electors . . . and

(ii) in a borough constituency, £11,390 together with an additional 8p for every entry in the register of electors . . .

(aa) for a candidate at a parliamentary by-election, £180,050;

(b) for a candidate at a local government election other than an Authority election—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ib) at a local government election in England, £960 together with an additional 8p for every entry in the register of electors;

(ic) at a local government election in Wales, £806 together with an additional 7p for every entry in the register of electors;

(ii) at any other local government election, £740 together with an additional 6p for every entry in the register of electors . . ..

(2A) As respects Authority elections, each of the following, that is to say—

(a) the maximum amount for a candidate in an election of the Mayor of London,

(b) the maximum amount for a candidate in an election of a constituency member of the London Assembly,

(c) the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,

(d) the maximum amount for the purposes of subsection (1A) above,

shall be such as the Secretary of State may prescribe in an order made by statutory instrument.

(2B) An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.

(5) The maximum amount mentioned above for a candidate at a parliamentary election or an Authority election (including the maximum amount for the purposes of subsection (1A) above) or a local government election in England or Wales is not required to cover the candidate’s personal expenses.

(6) Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.

Expenses limit for joint candidates at local election

77

(1) Where there are two or more joint candidates at a local government election other than an Authority election the maximum amount mentioned in section 76 above shall, for each of those joint candidates, be reduced by a quarter or, if there are more than two joint candidates, by one-third.

(2) Where two or more candidates appoint the same election agent, or by themselves or any agent or agents—

(a) employ or use the services of the same clerks or messengers at the election, or

(b) hire or use the same committee rooms for the election, or

those candidates shall for the purposes of this section be deemed to be joint candidates; but—

(i) the employment and use of the same clerk, messenger or committee room, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates;

(ii) nothing in this subsection shall prevent candidates from ceasing to be joint candidates.

(3) Where—

(a) any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate,

(b) the change was made in good faith,

(d) the total election expenses of the candidate do not exceed the maximum amount allowed for a separate candidate,

the excess shall be deemed to have arisen from a reasonable cause for the purposes of section 167 below.

Time for sending in and paying claims

78

(1) Every claim against a candidate or his election agent in respect of election expenses which is not sent in to the election agent not later than 21 days after the day on which the result of the election is declared shall be barred and not paid.

(2) All election expenses shall be paid not later than 28 days after that day.

(3) An election agent who pays a claim in contravention of subsection (1) or makes a payment in contravention of subsection (2) above shall be guilty of an illegal practice; but where the election court reports that it has been proved to the court by the candidate that any payment was made by an election agent without the sanction or connivance of the candidate—

(a) the candidate’s election shall not be void, nor

(b) shall he be subject to any incapacity under this Act by reason only of that payment having been made in contravention of this section.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.