Representation of the People Act 1983

• (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

• (c) the office address that is required to be declared under subsection (1) is also the candidate’s home address.

• (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;

• (c) any expenses included in a declaration made by the election agent under section 74A below; ...

• (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

• (c) publish a joint address, circular or notice at the election,

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,

• (c) the excess is not more than under the circumstances is reasonable, and

• (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.

• (4) The claimant or the candidate or his election agent may apply to the High Court or to the county court for leave to pay a claim for any election expenses, although sent in after that period of 21 days or although sent in to the candidate and not to the election agent, and the court on cause shown to their satisfaction may by order grant the leave.

In relation to an application in respect of expenses for a local government election in Scotland the reference in this subsection to the High Court shall be omitted.

• (5) Any sum specified in the order of leave may be paid by the candidate or his election agent and when paid in pursuance of the leave shall not be deemed to be in contravention of subsection (2) above.

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

• (7) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (4) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

Disputed claims

79

• (1) If the election agent disputes any claim sent in to him within the period of 21 days mentioned in section 78 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

• (2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court, and any sum paid by the candidate or his agent in pursuance of the judgment or order of the court shall nor be deemed to be in contravention of section 73(1) above or of section 78(2).

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

• (4) Subsections (4) to (7) of section 78 apply in relation to a disputed claim as they apply in relation to a claim for election expenses sent in after that period of 21 days.

Election agent's claim

80

So far as circumstances admit, this Act applies to an election agent’s claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Act and be dealt with accordingly.

Return as to election expenses

81

• (1) Within 35 days after the day on which the result of the election is declared, the election agent of every candidate at the election shall deliver to the appropriate officer a true return containing as respects that candidate—.

• (a) a statement of all election expenses incurred by or on behalf of the candidate; and

• (b) a statement of all payments made by the election agent together with all bills or receipts relating to the payments.

• (1A) Subsection (1) above—

• (a) in its application in relation to an election of the Mayor of London, shall have effect with the substitution for “35 days” of “70 days”; and

• (b) in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for “35 days after the day on which the result of the election is declared” of “70 days after the day on which the last of the successful candidates at the election is declared to be returned.”

• (2) A return under this section must—

• (a) specify the poll by virtue of which the return is required;

• (b) specify the name of the candidate to whom the return relates and of the candidate’s election agent; and

• (c) deal under a separate heading with any expenses in respect of which a return is required by virtue of section 75(2) or 75A(6) above.

• (3) The return shall also contain as respects that candidate—

• (a) a statement of all payments made—

• (i) by the candidate in accordance with section 74(1) or (1B) above, or

• (ii) by any other person in accordance with section 74(3) above,

together with all bills or receipts relating to any such payments made in accordance with section 74(1B) or 74(3);

• (b) a statement of all disputed claims of which the election agent is aware;

• (c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;

• (d) any declarations of value falling to be made by the candidate’s election agent by virtue of section 74A(2) above or 90C(2) below;

• (da) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 90A(5)(b) below;

• (e) a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to this Act; and

• (f) a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf.

• (3A) The return shall also contain as respects that candidate—

• (a) a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations;

• (b) a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide;

• (c) a statement relating to such other matters as is prescribed.

• (3B) In the application of paragraph (c) of subsection (3A) in relation to a local government election in Scotland, any regulations under that paragraph are to be made by the Scottish Ministers and such regulations are subject to the affirmative procedure.

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

• (5) Where after the date at which the return as to election expenses is delivered, leave is given by the court under section 78(4) above for any claim to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as is mentioned in section 86 below.

• (6) Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.

• (7) The return which the election agent is required to deliver under subsection (1) above—

• (a) shall be in respect of all those candidates; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

• (8) If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.

• (9) The statements which the return is required to contain by virtue of subsection (3A) above in respect of the matters there mentioned shall be a separate statement of each such matter as respects each of the candidates in question.

• (10) If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.

• (10A) The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any (or any description of) return required by this section.

• (10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declarations as to election expenses

82

• (1) The return delivered under section 81(1) above shall be accompanied by a declaration made by the election agent in the appropriate form.

• (2) At the same time that the election agent delivers that return, or within seven days afterwards, the candidate shall deliver to the appropriate officer a declaration made by him in the appropriate form.

• (2A) For the purposes of subsections (1) and (2) above, “the appropriate form”—

• (a) in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;

• (b) in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and

• (c) in any other case, is the form in Schedule 3 to this Act.

• (3) Where the candidate is out of the United Kingdom when the return is so delivered—

• (a) the declaration required by subsection (2) above may be made by him within 14 days after his return to the United Kingdom, and

• (b) in that case, the declaration shall be forthwith delivered to the appropriate officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Act relating to the return and declaration as to election expenses.

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

• (5) Where the candidate is his own election agent, the declaration by an election agent as to election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form in Schedule 3.

• (5A) Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.

• (6) If a candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of a corrupt practice.

Where no return and declarations needed at parliamentary elections

83

Notwithstanding anything in sections 81 and 82 above, no return or declaration as to election expenses shall be required in the case of a person—

• (a) who is a candidate at a parliamentary election, but is so only because he has been declared by others to be a candidate; and

• (b) who has not consented to the declaration or taken any part as a candidate in the election.

Penalty for failure as respects return or declarations

84

Subject to the provisions of section 86 below, if a candidate or election agent fails to comply with the requirements of section 81 or section 82 above he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declarations transmitted

85

• (1) If, in the case of any candidate, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, that candidate shall not, after the expiry of that time, sit or vote in the House of Commons as member for the constituency for which the election was held until—

• (a) either that return and those declarations have been delivered, or

• (b) the date of the allowance of an authorised excuse for the failure to deliver that return and those declarations,

and if he sits or votes in contravention of this subsection he shall forfeit £100 for every day on which he so sits or votes.

• (2) In the application of subsection (1) above to a candidate at a local government election—

• (a) the reference to sitting or voting in the House of Commons for the constituency for which the election was held shall be taken as a reference to sitting or voting in the council for the local government area for which the election was held; and

• (b) £50 shall be substituted for £100 and, instead of civil proceedings for a penalty, summary proceedings may be instituted under the Magistrates’ Courts Act 1980, or, in Scotland, in the sheriff court, and the person charged shall be liable on conviction to a fine not exceeding the amount of the penalty which would be recoverable in civil proceedings.

• (2A) As respects Authority elections—

• (a) subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);

• (b) in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and

• (c) in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.

• (3) Civil proceedings for a penalty under this section shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.

• (4) For the purposes of subsection (3) above—

• (a) where the service or execution of the legal processon or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of a legal process shall be deemed to be a commencement of a proceeding; but,

• (b) where paragraph (a) does not apply, the service or execution of the legal process on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.

• (5) Subsections (3) and (4) above do not apply in Scotland.

Authorised excuses for failures as to return and declarations

86

• (1) A candidate or his election agent may apply for relief under this section to—

• (a) the High Court, except in relation to a local government election in Scotland;

• (b) an election court; or

• (c) the county court.

• (1A) Where a person makes an application under this section he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or any barrister, advocate, solicitor or authorised person duly appointed as the Director’s representative may attend the hearing of the application and make representations at the hearing in respect of it.

• (1B) In subsection (1A) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

• (2) Relief under this section may be granted—

• (a) to a candidate, in respect of any failure to deliver the return and declarations as to election expenses, or any part of them, or in respect of any error or false statement in them; or

• (b) to an election agent, in respect of the failure to deliver the return and declarations which he was required to deliver, or any part of them, or in respect of any error or false statement in them.

• (3) The application for relief may be made on the ground that the failure, error or false statement arose—

• (a) by reason of the applicant’s illness; or

• (b) where the applicant is the candidate, by reason of the absence, death, illness or misconduct of his election agent or sub-agent or of any clerk or officer of such agent; or

• (c) where the applicant is the election agent, by reason of the death or illness of any prior election agent of the candidate, or of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent of the candidate; or

• (d) by reason of inadvertence or any reasonable cause of a like nature,

and not by reason of any want of good faith on the applicant’s part.

• (4) The court may—

• (a) after such notice of the application in the constituency or local government area, as the case may be, as it considers fit, and

• (b) on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit,

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

• (5) Where it is proved to the court by the candidate—

• (a) that any act or omission of the election agent in relation to the return and declarations was without the sanction or connivance of the candidate, and

• (b) that the candidate took all reasonable means for preventing the act or omission,

the court shall relieve the candidate from the consequences of the act or omission of his election agent.

• (6) An order under subsection (4) above may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part of this Act.

• (7) An order under subsection (4) shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order.

• (8) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

Court's power to require information from election agent or sub-agent

87

• (1) Where on an application under section 86 above it appears to the court that any person who is or has been an election agent or sub-agent has refused or failed to make such return, or to supply such particulars, as will enable the candidate and his election agent respectively to comply with the provisions of this Act as to the return or declarations as to election expenses, the court, before making an order under that section, shall order that person to attend before the court.

• (2) The court shall on the attendance of that person, unless he shows cause to the contrary, order him—

• (a) to make the return and declaration, or

• (b) to deliver a statement of the particulars required to be contained in the return,

as the court considers just, within such time, to such person and in such manner as it may direct, or may order him to be examined with respect to the particulars.

• (3) If a person fails to comply with any order of the court under this section, the court may order him to pay a fine not exceeding the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale.

Publication of time and place for inspection of returns and declarations

88

—At a parliamentary election or an Authority election—

• (a) the returning officer shall, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, publish in not less than two newspapers circulating in the constituency or electoral area for which the election was held, and shall send to each of the election agents, a notice of the time and place at which the returns and declarations (including the accompanying documents) can be inspected; but

• (b) if any return or declaration has not been received by the returning officer before the notice is dispatched for publication, the notice shall so state, and a like notice about that return or declaration, if afterwards received, shall within 10 days after the receipt be published in like manner and sent to each of the election agents other than the agent who is in default or is agent for the candidate in default.

Inspection of returns and declarations

89

• (1) Where the appropriate officer receives any return or declaration under section 75, 75A, 81 or 82 above he shall—

• (a) as soon as reasonably practicable after receiving the return or declaration make a copy of it, and any accompanying documents, available for public inspection at his office, or some other convenient place chosen by him, for a period of two years beginning with the date when the return is received by him;

• (b) if requested to do so by any person, and on payment of the prescribed fee, supply that person with a copy of the return or declaration and any accompanying documents.

• (1A) If any such return contains a statement of donations in accordance with paragraph 10 of Schedule 2A to this Act above, the appropriate officer shall secure that the copy of the statement made available for public inspection under subsection (1)(a) above or (as the case may be) supplied under subsection (1)(b) above does not include, in the case of any donation by an individual, the donor’s address.

• (2) After the expiry of those two years the appropriate officer—

• (a) may cause those returns and declarations (including the accompanying documents) to be destroyed, or

• (b) if the candidate or his election agent so require, shall return them to the candidate.

• (3) Any returns or declarations delivered under section 75 or 75A shall be returned not to the candidate (if he or his election agent so require) but to the person delivering them, if he so requires.

Election expenses at elections where election agent not required

90

• (1) In relation to an election of parish councillors in England or of community councillors in Wales—

• (a) section 76(1B) above and sections 90ZA(4) and 90C below have effect as if for the references to an election agent there were substituted references to any agent of the candidate;

• (b) sections 71A to 75 and 78 to 89 above, and Schedule 2A to this Act, do not apply, and instead the provisions of Schedule 4 to this Act have effect but the form of declaration as to election expenses shall be that prescribed by rules under section 36 or section 36A above relating to the election of parish or, as the case may be, community councillors, or a form to the like effect.

• (c) section 76A(2) has effect as if it referred, in substitution for the provisions set out in paragraphs (a) to (c) of that subsection, to paragraph 3 of Schedule 4 to this Act.

• (2) At an election under the local government Act which is not a local government election, sections 71A to 89 do not apply, and if a candidate at that election or any person on behalf of a candidate at that election knowingly pays any sum or incurs any expense, whether before, during or after that election, on account of or in respect of the conduct or management of the election he shall be guilty of an illegal practice.

Publicity at parliamentary elections

Candidate's right to send election address post free

91

• (1) A candidate at a parliamentary election is, subject to such reasonable terms and conditions as the universal postal service provider concerned may specify, entitled to send free of any charge for postage which would otherwise be made by a universal postal service provider either—

• (a) one unaddressed postal communication, containing matter relating to the election only and not exceeding 60 grammes in weight, to each place in the constituency which, in accordance with those terms and conditions, constitutes a delivery point for the purposes of this subsection; or

• (b) one such postal communication addressed to each elector.

• (2) He is also, subject as mentioned above, entitled to send free of any such charge for postage as mentioned above to each person entered in the list of proxies for the election one such communication as mentioned above for each appointment in respect of which that person is so entered.

• (2A) The candidate may require the returning officer to make arrangements with the universal postal service provider for communications under subsection (1)(b) to be sent to persons who have anonymous entries in the register.

• (2B) Arrangements under subsection (2A) shall be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.

• (3) A person shall not be deemed to be a candidate for the purposes of this section unless he is shown as standing nominated in the statement of persons nominated, but until the publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by the universal postal service provider concerned for the payment of postage should he not be shown as standing nominated as mentioned above.

• (4) For the purposes of this section “elector”—

• (a) means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and

• (b) includes a person then shown in that register (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) as below voting age if (but only if) it appears from the register (or from the record) that he will be of voting age on the day fixed for the poll.

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

Broadcasting from outside United Kingdom

92

• (1) No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with:—

• (a) the British Broadcasting Corporation;

• (b) Sianel Pedwar Cymru; or

• (c) the holder of any licence granted by the Office of Communications,

for the reception and re-transmission of that matter by that body or the holder of that licence or in pursuance of arrangements made with—

• (i) the Independent Television Commission or the Radio Authority, or

• (ii) any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,

for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.

• (2) An offence under this section shall be an illegal practice, but the court before whom a person is convicted of an offence under this section 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.

• (3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under 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 the illegal practice, 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 illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

Broadcasting during elections

93

• (1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.

• (2) The code for the time being adopted by a broadcasting authority under this section shall be either—

• (a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or

• (b) a code drawn up by one or more other such authorities;

and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).

• (3) Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.

• (4) The Office of Communications shall do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.

• (5) For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning—

• (a) (if a parliamentary general election) with the date of the dissolution of Parliament ... ,

• (b) (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or

• (c) (if a local government election) with the last date for publication of notice of the election,

and ending with the close of the poll.

• (6) In this section—

• “broadcasting authority” means the British Broadcasting Corporation, the Office of Communications or Sianel Pedwar Cymru;

• “candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;

• “relevant services”—in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996 or services that are Tier 1 services within the meaning given by section 368HA of the Communications Act 2003.

Imitation poll cards

94

No person shall for the purpose of promoting or procuring the election of any candidate at a parliamentary election or a local government election to which this section applies issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and subsections (2) and (3) of section 92 above apply as if an offence under this section were an offence under that section.

• (2) This section applies to any local government election in relation to which rules made under section 36 or section 36A or, in Scotland, section 42 above require an official poll card to be sent to electors in a form prescribed by the rules.

Election meetings

Schools and rooms for parliamentary election meetings

95

• (1) Subject to the provisions of this section, a candidate at a parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use free of charge of reasonable times between the receipt of the writ and the day preceding the date of the poll of—

• (a) a suitable room in the premises of a school to which this section applies;

• (b) any meeting room to which this section applies.

• (1A) For the purposes of subsection (1), the writ is to be taken to have been received—

• (a) in the case of a general election, on the day after the date of the dissolution of Parliament, and

• (b) in the case of a by-election, on the day after the date of the warrant for the writ.

• (2) This section applies—

• (a) in England and Wales, to community, foundation and voluntary schools of which the premises are situated in the constituency or an adjoining constituency, and

• (b) in Scotland, to any school of which the premises are so situated, not being an independent school within the meaning of the Education (Scotland) Act 1980.

but a candidate is not entitled under this section to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this section applies.

• (3) This section applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.

• (4) Where a room is used for a meeting in pursuance of the rights conferred by this section, the person by whom or on whose behalf the meeting is convened—

• (a) shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

• (b) shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

• (5) A candidate is not entitled to exercise the rights conferred by this section except on reasonable notice; and this section does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

• (6) The provisions of Schedule 5 to this Act have effect with respect to the rights conferred by this section and the arrangements to be made for their exercise.

• (7) For the purposes of this section (except those of paragraph (b) of subsection (4) above), the premises of a school shall not be taken to include any private dwelling . . ., and in this section—

• (a) the expression “meeting room” means any room which it is the practice to let for public meetings; and

• (b) the expression “room” includes a hall, gallery or gymnasium.

• (8) This section does not apply to Northern Ireland.

Schools and rooms for local election meetings

96

• (1) Subject to the provisions of this section, a candidate at a local government election is entitled for the purpose of holding public meetings to promote or procure the giving of votes at that election—

• (i) for himself, or

• (ii) if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,

to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with rules made under section 36 or section 36A or, in Scotland, section 42 above and the day preceding the day of election of—

• (a) a suitable room in the premises of a school to which this section applies; or

• (b) a meeting room to which this section applies.

• (2) This section applies—