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

(11) In this section, “determines” means determines in accordance with regulations.

9C

(1) If a person has an anonymous entry in a register maintained by a registration officer in Great Britain, his entitlement to remain registered ... terminates—

(a) at the end of the period of 12 months beginning with the date when the entry in the register first takes effect, or

(b) if the declaration made for the purposes of section 9B is cancelled at any time before the expiry of that 12 month period, at the time when the declaration is cancelled.

(1A) If a person (“P”) has an anonymous entry in a register maintained by the Chief Electoral Officer for Northern Ireland, P’s entitlement to remain registered terminates at the end of such period of five years or less beginning with the relevant date, as that officer determines in relation to P.

(1B) But if, at any time before the expiry of the period determined under subsection (1A)—

(a) the declaration made for the purposes of section 9B is cancelled, or

(b) the Chief Electoral Officer determines that the safety test is no longer satisfied,

P’s entitlement to remain registered terminates at that time.

(1C) In subsection (1A) “the relevant date” means—

(a) where P’s anonymous entry is the result of an application under section 9B(1)(a), the date when P’s entry in the register first takes effect; or

(b) where P’s anonymous entry is the result of an application under section 9B(1)(b), the date when the Chief Electoral Officer determines under section 9B(2) that the safety test is satisfied.

(1D) Subsection 9B(10) (meaning of “safety test”) applies for the purposes of subsection (1B) (treating references to the applicant for an anonymous entry as references to P).

(1E) A determination under subsection (1A) or (1B) must be made in accordance with regulations.

(2) This section does not affect the application of any other provision of this Act or of the Representation of the People Act 1985 which has the effect that the person's entitlement to registration terminates before the time at which it would terminate under this section.

(3) If a person's entitlement to remain registered terminates by virtue of this section, the registration officer concerned shall remove his entry from the register, unless he is entitled to remain registered with an anonymous entry in pursuance of ... a further application under section 9B.

10ZA

(1) A canvass under section 10(1A) must be conducted in—

(a) the year 2010, unless the Secretary of State makes an order providing that the requirement in this paragraph does not apply;

(aa) the year 2021;

(ab) the year 2030;

(b) every tenth year following 2030.

(2) A canvass under section 10(1A) must be conducted in an intervening year if—

(a) on or before 15th April in that year, the Chief Electoral Officer for Northern Ireland has made a recommendation in favour of a canvass being conducted in that year for the purpose of meeting the relevant registration objectives, and

(b) the Secretary of State, having considered the recommendation, has notified the Chief Electoral Officer that he is satisfied that the public interest requires a canvass to be conducted for that purpose.

(3) If no canvass under section 10(1A) is conducted before the end of 2015, a canvass must be conducted in 2016.

(4) “Intervening year” means a year other than—

(a) 2010,

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

(d) 2021,

(e) 2030, and

(f) every tenth year following 2030.

(5) The Secretary of State may not make an order under subsection (1)(a) unless—

(a) on or before 15th April 2010, the Chief Electoral Officer for Northern Ireland has made a recommendation against a canvass being conducted in the year 2010 for the purpose of meeting the relevant registration objectives, and

(b) the Secretary of State, having considered the recommendation, is satisfied that the public interest does not require a canvass to be conducted for that purpose.

(6) The power to make an order under subsection (1)(a) is exercisable by statutory instrument.

(7) No order is to be made under subsection (1)(a) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(8) “Recommendation” means a written recommendation to the Secretary of State.

10ZB

(1) The relevant registration objectives are to secure, so far as reasonably practicable—

(a) that every person who is entitled to be registered in a register is registered in it,

(b) that no person who is not entitled to be registered in a register is registered in it, and

(2) But, in applying subsection (1), the registrations of the persons mentioned in section 10(3) (registrations with which a canvass is not concerned) must be disregarded.

(3) “Register” means a register maintained by the Chief Electoral Officer for Northern Ireland under section 9.

(4) “The required information” means the following (as appearing in the register or other records of the Chief Electoral Officer)—

(a) the person's name;

(b) the person's qualifying address;

(d) subject to subsection (5), the person's signature;

(e) the person's national insurance number or a statement that he does not have one.

(5) The required information does not include the person's signature if—

(a) the Chief Electoral Officer has dispensed with the requirement to provide a signature, ... or

(aa) the registration was made following an application for registration submitted through the UK digital service.

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

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

(7) “False”, in relation to a signature, means that the signature is not the usual signature of, or was written by a person other than, the person whose signature it purports to be.

(7A) In subsection (5)(aa), “the UK digital service” has the same meaning as in section 10ZF, and the reference to an application for registration submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance of the registers: registration of electors.

10A

(1) The Chief Electoral Officer for Northern Ireland shall determine all applications for registration which are—

(a) made to him in accordance with the prescribed requirements, or

(b) treated as made to him by virtue of subsection (2) below.

(1ZA) A person who makes an application for registration in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

(a) residence determined in accordance with section 6 (residence: merchant seamen),

(b) a declaration of local connection, or

(1A) Subject to subsections (1B) and (1C) below, an application for registration in respect of an address in Northern Ireland shall include—

(a) the signature of each of the persons to whom the application relates;

(b) the date of birth of each such person; and

(i) his national insurance number or a statement that he does not have one,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii) any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1) above to prescribe requirements includes power to give effect to the requirements of this subsection.

(1B) The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (1A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of blindness or any other disability of his or because he is unable to read.

(1C) The requirement mentioned in subsection (1A)(a) does not apply to an application submitted through the UK digital service.

(2) Where—

(a) in connection with a canvass under section 10 above, the form completed in respect of any address specifies any person as a person who is entitled to be registered in a register, and

(b) that person is not for the time being registered in the register in respect of that address,

he shall be treated as having made. . . an application for registration in the register in respect of that address.

(2A) The application referred to in subsection (2) above shall ... be treated as made on the 15th October in the year in question.

(2B) Where the form referred to in paragraph (a) of subsection (2) above is submitted through the UK digital service, the application referred to in that subsection shall be treated as having been submitted through the UK digital service.

(3) The Chief Electoral Officer for Northern Ireland shall also determine all objections to a person’s registration in Northern Ireland made in accordance with the prescribed requirements by another person whose name appears in the register in question.

(3A) Subsection (3) above applies to an objection to a person's registration whether the objection is made before or after the person is registered in the register.

(3B) No objection to a person's registration may be made if the person has an anonymous entry in the register.

(4) Subsections (1) and (3) above apply to applications and objections in Northern Ireland asking—

(a) for the omission, insertion or alteration of a date as that on which a person will become of voting age and entitled to registration, or

(b) for the alteration of the qualifying address in respect of which a person is registered,

as they apply to applications for registration and objections to a person’s registration respectively.

(5) Subject to subsection (5A) below, where ... a person (“the elector”) is . . . entered in a register in respect of any address in Northern Ireland, the elector is entitled to remain registered in the register in respect of that address until such time as the Chief Electoral Officer for Northern Ireland—

(a) determines, on the conclusion of a canvass under section 10 above, that the elector was not resident at that address on the 15th October in question, or that because—

(i) the form mentioned in section 10(4) above was not returned in respect of that address, or

(ii) for any other reason, insufficient information was obtained as to whether the elector was resident at that address on that date,

the Officer is unable to satisfy himself that the elector was then so resident at that address, or

(b) determines that the elector 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 above.

(5A) A person’s name is to be removed from the register in respect of any address if—

(a) the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or

(b) the Chief Electoral Officer for Northern Ireland determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.

(5B) The Chief Electoral Officer for Northern Ireland may, for the purpose of obtaining any information relevant to a determination under subsection (5)(b) above, make such house to house inquiries as he thinks fit.

(6) Where the entitlement of a person to remain registered in a register in respect of any address terminates by virtue of subsection (5) above, or his name is to be removed from it by virtue of subsection (5A) above, the Chief Electoral Officer for Northern Ireland shall remove that person’s entry from the register once the officer has satisfied any prescribed requirements applying in relation to the removal of that entry.

(7) Subsection (6) above does not apply if, or to the extent that, regulations so provide in relation to any prescribed circumstances; and regulations may, in particular, authorise the Chief Electoral Officer for Northern Ireland to retain entries in his registers for the prescribed period if he thinks fit in cases where the form mentioned in section 10(4) above has not been returned in respect of any address.

(8) Nothing in subsection (5), (5A) or (6) applies in relation to the registration of persons in pursuance of—

(a) applications for registration made by virtue of section 7(2) or 7A(2) above; or

(b) declarations falling within section 10(3)(b) above.

(9) In this section—

“determines” means determines in accordance with regulations;

“resident” means resident for the purposes of section 4 above.

“the UK digital service” has the same meaning as in section 10ZF, and references to a form or application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.

13A

(1) This section applies where, at any time (“the relevant time”) after the publication of a revised version of a register by a registration officer under section 13 above, the registration officer—

(za) is required by section 10ZC(1) to enter a person in the register;

(zb) is required by section 10ZD(1) to alter a person's entry in the register;

(a) on an application for registration in Northern Ireland being made by any person in accordance with the prescribed requirements, determines that that person is entitled to be so registered;

(b) is required, by virtue of any provision of this Part of this Act, to remove a person’s entry from the register;

(c) is notified of any decision on an appeal by virtue of section 56 or 58 below which requires any such alteration in the register as is mentioned in subsection (4) of that section; or

(d) determines that the register contains any clerical error or, in the case of a registration officer in Great Britain, determines that the register contains any information that is incorrect.

(2) In such a case the registration officer shall (subject to subsection (3) below) issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a) the notice shall be so issued by him—

(i) on the first day of the month which follows that in which the relevant time falls, or

(ii) if that day is less than 14 days after that time, on the first day of the month immediately following that month; and

(b) (subject to sections 13B(1) and 13BA(1) below) the alteration in question shall have effect as from the beginning of the day on which the notice is issued.

(2ZA) A person who makes an application under subsection (1)(a) in respect of an address in Northern Ireland may submit it through the UK digital service, unless it is an application in pursuance of—

(a) residence determined in accordance with section 6 (residence: merchant seamen),

(b) a declaration of local connection, or

(2A) Subject to subsections (2B) and (2C) below, an application for registration under subsection (1)(a) above in respect of an address in Northern Ireland shall include—

(a) the signature of each of the persons to whom the application relates;

(b) the date of birth of each such person; and

(i) his national insurance number or a statement that he does not have one,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii) any other address in the United Kingdom in respect of which he is or has applied to be registered,

and the power in subsection (1)(a) above to prescribe requirements includes power to give effect to the requirements of this subsection.

(2B) The Chief Electoral Officer for Northern Ireland may dispense with the requirement mentioned in subsection (2A)(a) above in relation to any person if he is satisfied that it is not reasonably practicable for that person to sign in a consistent and distinctive way because of any incapacity of his or because he is unable to read.

(2C) The requirement mentioned in subsection (2A)(a) does not apply to an application submitted through the UK digital service.

(3) Subsection (2) above does not require a registration officer to issue a notice under that subsection in a case where (apart from this subsection) that subsection would require the notice to be issued—

(a) at the beginning of the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1) or (3) above, or

(b) at the beginning of either of the two months preceding that containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a) above,

and in such a case the alteration in question shall be made in that revised version of the register.

(3A) Subsection (2)(a)(ii) also does not require a registration officer in Great Britain to issue a notice under subsection (2) in a case where the month which follows that in which the relevant time falls is the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a); and in such a case the alteration in question shall be made in that revised version of the register.

(4) Subsection (2) above also does not require a registration officer to issue a notice under that subsection in a case where section 13AB(2), 13B(3), (3B) or (3D), 13BA(3), (6) or (9) or 13BC(3) or (6) below requires him to issue a notice under that provision.

(5) No alteration affecting a published version of a register of electors shall be made otherwise than in accordance with this section, section 13AB, section 13B, section 13BA or section 13BC below.

(6) For the purposes of subsection (1) above “determines” means determines in accordance with regulations; and section 119 below shall apply for the purposes of subsection (2)(a) above as if it were contained in Part II of this Act.

(7) In this section, “the UK digital service” has the same meaning as in section 10ZF, and references to an application submitted through the UK digital service shall be construed in accordance with subsection (4) of that section.

13B

(1) If, by virtue of section 13A(2) above or section 13BC(3) or (6) below, an alteration in a published version of a register is to take effect after the fifth day before the date of the poll for an election to which this section applies, the alteration does not have effect for the purposes of the election.

(2) Subsection (3) below applies where—

(a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination, requirement or decision falling within any of paragraphs (za), (zb), (b), (c) and (d) of that subsection;

(b) in consequence of the determination, requirement or decision an entry relating to a person falls to be made in (or removed from) the register in respect of an address in the relevant election area; and

(i) has already taken effect, or

(ii) is due to take effect,

under subsection (2) of that section, or under section 13AB(3) or section 13BC(3) or (6), on or before the fifth day before the date of the poll.

(3) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a) the notice shall be so issued by him on the appropriate publication date; and

(b) the alteration shall take effect as from the beginning of that day.

(3ZA) In determining for the purposes of subsection (2)(c) whether an alteration made in consequence of the determination, requirement or decision is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13B in section 13BC(2) is to be disregarded.

(3ZB) Subsection (3) does not require a registration officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.

(3A) Subsection (3B) below applies where—

(a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a notification mentioned in paragraph (c) of that subsection; and

(b) in consequence of the notification—

(i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii) his entry in the register requires to be altered.

(3B) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a) the notice shall be so issued by him when he receives the notification; and

(b) the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3C) Subsection (3D) below applies where—

(a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A above applies to a registration officer, by virtue of subsection (1) of that section, in connection with a determination falling within paragraph (d) of that subsection;

(b) the determination was made following a representation made by or on behalf of a person to the registration officer; and

(i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii) his entry in the register requires to be altered.

(3D) In such a case the registration officer shall issue, in the prescribed manner, a notice specifying the appropriate alteration in the register; and—

(a) the notice shall be so issued by him when he makes the determination; and

(b) the alteration shall take effect as from the beginning of the day on which the notice is issued.

(3E) In subsection (3C)(b) above, “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

(4) This section applies to the following elections—

(a) parliamentary elections in England, Wales or Scotland,

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

(d) elections to the National Assembly for Wales, ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) local government elections in England, Wales or Scotland and

(g) elections of police and crime commissioners in England and Wales.

(5) In this section—

“the appropriate publication date”, in relation to a registration officer and an election to which this section applies, means either the sixth or the fifth day before the date of the poll, as the registration officer may determine;

“the final nomination day”, in relation to such an election, means the last day on which nomination papers may be delivered to the returning officer for the purposes of the election;

“the relevant election area”, in relation to a registration officer and such an election, means—the area for which the registration officer acts, orif the election is held in only part of that area, the part of that area in question.

(6) Section 119 below shall apply for the purposes of this section as if—

(a) it were contained in Part II of this Act; and

(b) each of the days referred to in this section were the day on which anything is required or permitted to be done by or in pursuance of that Part of this Act.

13BA

(1) An alteration in a published version of a register of electors which takes effect under section 13A(2) or section 13BC(3) or (6) after the final nomination day in the case of an election to which this section applies is of no effect for the purposes of that election unless the alteration—

(a) is made in consequence of a decision or determination falling within section 13A(1)(c) or (d), and

(b) takes effect on or before the fifth day before the date of the poll.

(2) Subsection (3) applies if—

(a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a determination or requirement falling within section 13A(1)(a) or (b), and

(b) no alteration made in consequence of that determination or requirement—

(i) has already taken effect, or

(ii) is due to take effect,

under section 13A(2), or section 13BC(3), on or before the final nomination day.

(3) If, no later than the prescribed date, the Chief Electoral Officer is supplied with such additional material supporting the alteration as is prescribed, he must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

(3A) In determining for the purposes of subsection (2)(b) whether an alteration made in consequence of the determination or requirement is due to take effect under section 13BC(3) on or before the final nomination day, the reference to section 13BA in section 13BC(2) is to be disregarded.

(3B) Subsection (3) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) requires the officer to issue a notice under that provision at an earlier time.

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

(5) Subsection (6) applies if—

(a) at any time before the appropriate publication date in the case of an election to which this section applies, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)) in connection with a decision or determination falling within section 13A(1)(c) or (d), and

(b) no alteration made in consequence of that decision or determination—

(i) has already taken effect, or

(ii) is due to take effect,

under section 13A(2), or section 13BC(3) or (6), on or before the fifth day before the date of the poll.

(6) The Chief Electoral Officer must, on the appropriate publication date, issue a notice specifying the appropriate alteration in the register.

(6A) In determining for the purposes of subsection (5)(b) whether an alteration made in consequence of the decision or determination is due to take effect under section 13BC(3) on or before the fifth day before the date of the poll, the reference to section 13BA in section 13BC(2) is to be disregarded.

(6B) Subsection (6) does not require the Chief Electoral Officer to issue a notice under that subsection in a case where section 13BC(3) or (6) requires the officer to issue a notice under that provision at an earlier time.

(7) Subsection (9) applies if—

(a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a notification mentioned in section 13A(1)(c), and

(b) in consequence of the notification—

(i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii) his entry in the register needs to be altered.

(8) Subsection (9) also applies if—

(a) at any time on or after the appropriate publication date in the case of an election to which this section applies but before the prescribed time on the day of the poll, section 13A applies to the Chief Electoral Officer for Northern Ireland (by virtue of section 13A(1)), in connection with a determination falling within section 13A(1)(d),

(b) the determination was made following a representation made by or on behalf of a person to the Chief Electoral Officer, and

(i) an entry relating to that person falls to be made in the register in respect of an address in the relevant election area, or

(ii) his entry in the register needs to be altered.

(9) The Chief Electoral Officer must, when—

(a) he receives the notification referred to in subsection (7), or

(b) he makes the determination referred to in subsection (8),

issue a notice specifying the appropriate alteration in the register.

(10) In subsection (8)(b), “representation” means a representation made in accordance with prescribed requirements to the effect that the register contains a clerical error.

(11) A notice under subsection (3), (6) or (9)—

(a) is to be issued in the prescribed manner, and

(b) takes effect from the beginning of the day on which it is issued.

(12) This section applies to—

(a) parliamentary elections in Northern Ireland,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(13) Subsections (5) and (6) of section 13B apply for the purposes of this section as they apply for the purposes of that section.

13BB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13C

(1) This section applies where a person makes an application in accordance with any prescribed requirements to the Chief Electoral Officer for Northern Ireland for an electoral identity card.

(2) Regulations may provide for—

(a) the descriptions of person who may make such an application; ...

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

(3) The Chief Electoral Officer shall determine such an application and, if he is satisfied that the information given by the applicant is correct, he shall issue an electoral identity card to the applicant free of charge.

(3A) Regulations may make provision about the issuing or collection of an electoral identity card.

(3B) The provision that may be made by virtue of subsection (3A) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity card from a polling station.

(4) The electoral identity card issued to an applicant shall—

(a) state his full name and date of birth,

(b) bear his photograph,

(d) subject to provision made by virtue of subsection (4A), include such other information and be in such form as the Chief Electoral Officer shall determine.

(4A) Regulations may make provision—

(a) about the information to be included in an electoral identity card;

(b) about the form of an electoral identity card (including provision for the card to be issued in different forms in different circumstances).

(5) For the purposes of subsection (4) above and rule 37(1E) in Schedule 1 to this Act (specified documents), an electoral identity card becomes current on the date of its issue and ceases to be so on the expiry of the period of 10 years beginning with that date.

(6) Any expenses properly incurred by the Chief Electoral Officer in the performance of his functions under this section shall be treated as registration expenses of his for the purposes of this Act.

(7) In this section “determine” means determine in accordance with regulations (if any).

13CA

(1) A person who provides false information in connection with an application mentioned in subsection (2) below commits an offence.

(2) The application referred to in subsection (1) above is an application—

(a) relating to a local government election in Scotland; and

(b) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (c. 2) applies, namely—

(i) paragraph 3(1) or (2);

(ii) paragraph 4(1) or (2);

(iii) paragraph 7(4).

(3) In relation to a signature, “false information” for the purposes of subsection (1) above means a signature which—

(a) is not the usual signature of; or

(b) was written by a person other than,

the person whose signature it purports to be.

(4) A person does not commit an offence under subsection (1) above if the person did not know, and had no reason to suspect, that the information was false.

(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court must assume that the defence is satisfied unless the prosecutor proves beyond reasonable doubt that it is not.

(6) A person guilty of an offence under subsection (1) above is liable on summary conviction to (either or both)—

(a) imprisonment for a term not exceeding 6 months;

(b) a fine not exceeding level 5 on the standard scale.

13D

(1) A person who for any purpose connected with the registration of electors provides to a registration officer any false information is guilty of an offence.

(1A) A person who provides false information in connection with an application (other than an application relating only to a local government election in Scotland) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (applications relating to absent voting) applies is guilty of an offence—

(a) paragraph 3(1) or (2);

(b) paragraph 4(1) or (2);

(2) A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.

(3) In relation to a signature, “false information” for the purposes of subsection (1) or (1A) means a signature which—

(a) is not the usual signature of; or

(b) was written by a person other than,

the person whose signature it purports to be.

(4) A person does not commit an offence under subsection (1) or (1A) above if he did not know, and had no reason to suspect, that the information was false.

(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks ; or

(b) a fine not exceeding level 5 on the standard scale,

or to both.

(7) In the application of subsection (6)(a) to Scotland and Northern Ireland, the reference to 51 weeks must be taken to be a reference to six months.

(8) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 51 weeks must be taken to be a reference to six months.

Residence: general.

18A

(1) Every constituency is to be divided into polling districts.

(2) A relevant authority must—

(a) divide its area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in its area, and

(b) keep the polling districts under review.

(3) The following rules apply—

(a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;

(b) in England, each parish is to be a separate polling district;

(d) in Scotland, each electoral ward (within the meaning of section 1 of the Local Governance (Scotland) Act 2004) is to be divided into two or more separate polling districts.

(4) Subsection (3)(b) to (d) does not apply if, in any case, there are special circumstances.

(5) If an alteration of polling districts in an area is made under this section—

(a) the registration officer who acts for the area must make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration, and

(b) the alteration is effective on the date on which the registration officer publishes a notice stating that the adaptations have been made by him.

(6) This section does not apply to Northern Ireland.

18B

(1) A polling place is to be designated for each polling district in a constituency.

(2) But subsection (1) does not apply if the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.

(3) A relevant authority must—

(a) designate the polling places for the polling districts in its area, and

(b) keep the polling places in its area under review.

(4) The following rules apply—

(a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;

(b) the authority must seek to ensure that so far as is reasonable and practicable every polling place for which it is responsible is accessible to electors who are disabled;

(c) the authority must have regard to the accessibility to disabled persons of potential polling stations in any place which it is considering designating as a polling place or the designation of which as a polling place it is reviewing;

(d) the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district;

(e) the polling place for a polling district must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station.

(5) If no polling place is designated for a polling district the polling district is to be taken to be the polling place.

18C

(1) A relevant authority must during each compulsory review period carry out and complete—

(a) a review under section 18A of all the polling districts in its area, and

(b) a review under section 18B of all the polling places in its area.

(2) The compulsory review periods are—

(a) the period of 16 months beginning with 1st October 2013, and

(b) the period of 16 months beginning with 1st October of every fifth year after that.

(3) Subsection (1) does not prevent a relevant authority carrying out a review of some or all of the polling districts or polling places in its area at other times.

(6) Schedule A1 has effect in relation to a review.

(7) This section does not apply to Northern Ireland.

18D

(1) This section applies if in relation to a constituency in the area of a relevant authority a relevant representation is made to the Electoral Commission by—

(a) an interested authority in England and Wales;

(b) not less than 30 electors in the constituency;

(d) a person who is not an elector in a constituency in the authority's area but who the Commission think has sufficient interest in the accessibility of disabled persons to polling places in the area or has particular expertise in relation to the access to premises or facilities of disabled persons.

(2) A relevant representation is a representation that a review under section 18A or 18B has not been conducted by a relevant authority so as to—

(a) meet the reasonable requirements of the electors in the constituency or any body of those electors, or

(b) take sufficient account of the accessibility to disabled persons of polling stations within a designated polling place.

(3) The returning officer for the constituency may make observations on representations made under this section.

(4) The Electoral Commission must consider such representations and observations and may, if they think fit—

(a) direct the relevant authority to make any alterations to the polling places designated by the review which the Commission think necessary in the circumstances;

(b) if the authority fails to make the alterations before the end of the period of two months starting on the day the direction is given, make the alterations themselves.

(5) Alterations made by the Electoral Commission under subsection (4) have effect as if they had been made by the relevant authority.

(6) An interested authority in relation to a constituency in England and Wales is—

(a) in England, the council of a parish, or where there is no such council the parish meeting of a parish, which is wholly or partly situated within the constituency;

(b) in Wales, the council of a community which is so situated.

(7) The reference in subsection (1)(b) to electors does not include persons who have an anonymous entry in the register of parliamentary electors or local government electors.

18E

(1) This section applies for the purposes of sections 18A to 18D.

(2) No election is to be questioned by reason of—

(a) any non-compliance with the provisions of those sections, or

(b) any informality relative to polling districts or polling places.

(3) Each of the following is a relevant authority—

(a) in relation to England, the council of a district or London borough;

(b) in relation to Scotland, a local authority;

(d) in relation to Northern Ireland, the Chief Electoral Officer for Northern Ireland.

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

Residence: persons remanded in custody etc.

37A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to change date of local elections to date of European Parliamentary general election: Wales

37B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residence: convicted person to whom section 3(1A) applies

Timing as to local elections in England and Wales.

Supplemental provisions as to local government elections

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62A

(1) A person commits an offence if he—

(a) engages in an act specified in subsection (2) at a parliamentary or local government election, and

(b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.

(2) These are the acts—

(a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

(c) inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

(d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3) In subsection (1)(b), property includes any description of property.

(4) In subsection (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

(5) A person who commits an offence under subsection (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

(6) This section does not apply to anything done at a local government election in Scotland.

62B

(1) This section applies in relation to a local government election in Scotland.

(2) A person commits an offence if he—

(a) engages in any of the acts specified in subsection (3) below at the election; and

(b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.

(3) The acts referred to in subsection (2)(a) above are—

(a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

(c) inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

(d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(4) In subsection (2)(b) above, property includes any description of property.

(5) In subsection (3) above a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

(6) A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

(7) This subsection and subsection (6) extend to the whole of the United Kingdom, but otherwise this section extends only to Scotland.

65A

(1) A person is guilty of a corrupt practice if, in the case of any relevant election, he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election—

(a) a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or

(aa) (where the election is a parliamentary election) a statement under rule 6(5)(b) of Schedule 1 to this Act which he knows to be false in any particular; or

(b) anything which purports to be the signature of an elector who proposes, seconds or assents to, the nomination of such a candidate but which he knows—

(i) was not written by the elector by whom it purports to have been written, or

(ii) if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding, or (as the case may be) assenting to, that candidate’s nomination or

(c) a certificate authorising for the purposes of rule 6A of the parliamentary elections rules the use by a candidate of a description if he knows that the candidate is standing at an election in another constituency in which the poll is to be held on the same day as the poll at the election to which the certificate relates.

(1A) A person is guilty of a corrupt practice if, in the case of any relevant election, he makes in any document in which he gives his consent to his nomination as a candidate—

(a) a statement of his date of birth,

(b) a statement as to his qualification for being elected at that election, or

(c) a statement that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which he knows to be false in any particular.

(1B) For the purposes of subsection (1A), a statement as to a candidate's qualification is a statement—

(a) that he is qualified for being elected,

(b) that he will be qualified for being elected, or

(2) In this section “relevant election” means—

(a) any parliamentary election, or

(b) except for the purposes of subsections (1)(c) and (1A)(c), any local government election in England or Wales.

65B

(1) This section applies in relation to a local government election in Scotland.

(2) A person is guilty of a corrupt practice if he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election—

(a) a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or

(b) anything which purports to be the signature of an elector who proposes, seconds or assents to the nomination of such a candidate but which he knows—

(i) was not written by the elector by whom it purports to have been written; or

(ii) if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding or, as the case may be, assenting to that candidate's nomination.

(3) A person is guilty of a corrupt practice if he makes in any document in which he gives his consent to his nomination as a candidate at the election—

(a) a statement of his date of birth; or

(b) a statement as to his qualification for being elected at the election,

which he knows to be false in any particular.

(4) For the purposes of subsection (3) above, a statement as to a candidate's qualification is a statement—

(a) that he is qualified for being elected;

(b) that he will be qualified for being elected; or

66A

(1) No person shall, in the case of an election to which this section applies, publish before the poll is closed—

(a) any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

(b) any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.

(2) This section applies to—

(a) any parliamentary election; and

(b) any local government election in England or Wales.

(3) If a person acts in contravention of subsection (1) above, 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 six months.

(4) In this section—

“forecast” includes estimate;

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means;

and any reference to the result of an 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.

66B

(1) A person is guilty of an offence—

(a) if he fails to comply with any conditions imposed in pursuance of regulations under rule 19B, 56A or 57 of the parliamentary elections rules, or

(b) if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.

(2) P is not guilty of an offence under subsection (1) if—

(a) he has an appropriate supervisor, and

(b) he has complied with all the requirements imposed on him by his appropriate supervisor.

(3) A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.

(4) In subsections (1)(b) and (2)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.

(5) A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

70A

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

(a) section 70 shall not apply in relation to those candidates, but

(b) the following provisions of this section shall have effect in place of that section.

(2) If no person’s name and address is given as required by virtue of section 67(1A) as the election agent of all of the candidates included in the list who remain validly nominated at the latest time for delivery of notices of withdrawals—

(a) the candidate whose name appears highest on the list shall be deemed at that time to have been named on behalf of the party as election agent for all of the candidates; and

(b) any appointment of another person as election agent for those candidates shall be deemed to have been revoked.

(3) If—

(a) the person whose name and address have been so given as those of the election agent for the candidates dies, and

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

the candidate whose name appears highest on the list shall be deemed to have been named on behalf of the party as election agent for all of the candidates as from the time of death.

(4) If the appointment of the election agent for the candidates is revoked without a new appointment being made, the candidate whose name appears highest on the list shall be deemed to have been appointed (or re-appointed) election agent.

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

(6) Where a candidate included in the list is by virtue of this section to be treated as election agent, he shall be deemed to have his office—

(a) at his address as given in the statement as to persons nominated; 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.

(7) The appropriate officer, on being satisfied that a candidate is by virtue of this section to be treated as 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.

Donations to candidates

71A

(1) In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—

(a) by any person other than the candidate or his election agent, and

(b) for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2) Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3) A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4) Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5) In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.

74A

(1) Neither section 73 above nor sections 78 and 79 below shall apply to election expenses—

(a) which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate’s election, but

(b) which by virtue of section 90ZA(1) below fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate’s election.

(2) The candidate’s election agent shall make a declaration of the amount (determined in accordance with section 90B below) of any election expenses falling within subsection (1) above.

(3) In this section “for the purposes of the candidate’s election” has the same meaning as in sections 90ZA and 90C below.

75A

(1) This section applies in relation to a local government election in Scotland.

(2) No person other than a candidate at the election, his election agent or a person authorised in writing by the election agent shall, with a view to promoting or procuring the election of the candidate, incur any expenses on account of—

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

(b) issuing advertisements, circulars or publications; or

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

(3) Subsection (2)(c) 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

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or Part 1 or 2 of the Broadcasting Act 1996 (c. 55).

(4) Subsection (2) does not apply to 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.

(5) For the purposes of subsection (4)(a) above—

(a) “the permitted sum” means, in respect of each candidate, £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

(b) expenses are to 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 (4)(a)) fall within subsection (2) above.

(6) Where a person incurs any expenses required by subsection (2) above to be authorised by the election agent, that person shall, within 21 days after the day on which the result of the election is declared, deliver to the appropriate officer—

(a) a return of the amount of the expenses, stating the election at which, and the candidate in whose support they were incurred;

(b) a declaration 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; and

(c) the authority received from the election agent (which, for the purposes of this section, is to be treated as forming part of the return).

(7) A person is guilty of a corrupt practice if he—

(a) incurs, or aids, abets, counsels or procures any other persons to incur, any expenses in contravention of subsection (2) above; or

(b) makes a declaration required by subsection (6)(b) above which he knows to be false.

(8) A person is guilty of an illegal practice if he fails to deliver any return or declaration as required by subsection (6) above.

(9) The court by or before which a person is convicted of a corrupt or illegal practice under subsection (7) or (8) above may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity incurred under section 173 or 173A of this Act by virtue of the conviction.

(10) A candidate is not liable for, and his election is not void by reason of, a corrupt or illegal practice under subsection (7) or (8) above committed by an agent without his consent or connivance.

(11) Where any act or omission of an association or body of persons (whether corporate or unincorporate) is a corrupt or 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, is also guilty of the corrupt or illegal practice, unless the person 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.

Limitation of pre-candidacy election expenses for certain general elections

76ZA

(1) This section applies where—

(a) a Parliament is not dissolved until after the period of 55 months beginning with the day on which that Parliament first met (“the 55-month period”),

(b) election expenses are incurred by or on behalf of a candidate at the parliamentary general election which follows the dissolution, and

(c) the expenses are incurred in respect of a matter which is used during the period beginning immediately after the 55-month period and ending with the day on which the person becomes a candidate at that election.

For the purposes of this section, section 90ZA(1) has effect with the omission of the words “after the date when he becomes a candidate at the election”.

(2) Election expenses incurred as mentioned in subsection (1) must not in the aggregate exceed the permitted amount, which is the relevant percentage of the following sum—

(a) for a candidate at an election in a county constituency, £40,220 plus 12p for every entry in the register of electors;

(b) for a candidate at an election in a borough constituency, £40,220 plus 8p for every entry in the register of electors.

(3) The relevant percentage is—

(a) 100% where the dissolution was during ... the 60th month of the Parliament;

(b) 90% where the dissolution was during its 59th month;

(d) 70% where the dissolution was during its 57th month;

(e) 60% where the dissolution was during its 56th month.

For the purposes of this subsection, the “56th month” of a Parliament is the month beginning immediately after the 55-month period; and so on.

(4) In subsection (2) above “the register of electors” means the register of parliamentary electors for the constituency in question as it has effect on the last day for publication of notice of the election.

(5) Where election expenses are incurred as mentioned in subsection (1) in excess of the permitted amount, 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 amount,

shall be guilty of an illegal practice.

(6) The candidate's personal expenses do not count towards the permitted amount.

76A

(1) The Secretary of State may by order made by statutory instrument vary any of the sums to which this section applies—

(a) where he considers that the variation is expedient in consequence of changes in the value of money, or

(b) in order to give effect to a recommendation of the Electoral Commission.

(2) This section applies to any of the sums for the time being specified in—

(a) section 73(2) above;

(b) section 74(1)(a), (b), (c) or (d) above;

(ca) section 75A(5) above; or

(d) section 76(2) above.

(e) section 76ZA(2) above.

(3) An order under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

85A

(1) If, in the case of any candidate at an election of the Mayor of London, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, the candidate shall, as respects that election, be disqualified from being elected or being the Mayor of London.

(2) Any application under section 86 below by such a candidate for relief in respect of a failure to deliver the return and declarations as to election expenses must be made within the period of 6 weeks following the day on which the time limited for their delivery expires.

(3) A disqualification under subsection (1) above shall not take effect unless or until—

(a) the period specified in subsection (2) above for making an application for relief under section 86 below expires without such an application having been made; or

(b) if such an application is made, the application—

(i) is finally disposed of without relief being granted; or

(ii) is abandoned or fails by reason of non-prosecution.

87A

(1) Where the appropriate officer receives any return or declaration under section 75, 81 or 82 above in respect of —

(a) a parliamentary election, or

(b) an election of the Mayor of London,

he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.

(2) Where the appropriate officer receives any return or declaration under section 75, 81 or 82 in respect of any election other than one mentioned in subsection (1) above, he shall, if so requested by the Electoral Commission, deliver to them a copy of the return and any accompanying documents.

90ZA

(1) In this Part of this Act “election expenses” in relation to a candidate at an election means (subject to subsection (2) below and section 90C below) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4A which is used for the purposes of the candidate's election after the date when he becomes a candidate at the election.

(2) No election expenses are to be regarded as incurred by virtue of subsection (1) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4A.

(3) In this section and in section 90C below, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.

(4) For the purposes of this Part of this Act, election expenses are incurred by or on behalf of a candidate at an election if they are incurred —

(a) by the candidate or his election agent, or

(b) by any person authorised by the candidate or his election agent to incur expenses.

(5) A reference in this Part of this Act to a candidate at an election, in relation to election expenses, includes (where the context allows) a reference to a person who becomes a candidate at the election after the expenses are incurred.

(6) In this Part and in Part 3 of this Act, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

(7) Schedule 4A has effect.

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

90A

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90B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90ZB

(1) This section applies in relation to a local government election in Scotland.

(2) In this Part of this Act, “election expenses”, in relation to a candidate at such an election, means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4B which is used—

(a) for the purposes of the candidate’s election, and

(b) after the date when the candidate becomes a candidate at the election.

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

(4) No election expenses are to be regarded as incurred by virtue of subsection (2) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4B.

(5) In this section and in section 90C below, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.

(6) For the purposes of this Part of this Act so far as applying to a local government election in Scotland, election expenses are incurred by or on behalf of a candidate at the election if they are incurred—

(a) by the candidate or his election agent; or

(b) by any person authorised by the candidate or his election agent to incur expenses.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this Part and in Part 3 of this Act so far as applying to a local government election in Scotland, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

90C

(1) This section applies where, in the case of a candidate at an election—

(a) either—

(i) property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or

(ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and

(b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.

(1A) For the purposes of subsection (1)(b), except as it applies in relation to an election in ... ... under the local government Act, property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.

(2) Where this section applies—

(a) an amount of election expenses determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and

(b) the candidate’s election agent shall make a declaration of that amount,

unless that amount is not more than £50.

(3) Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either—

(a) the market value of the property or goods (where the property or goods is or are transferred free of charge), or

(b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),

as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.

(4) Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either—

(a) the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or

(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.

(5) Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this section the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).

(6) In this section “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent.

90D

(1) Sections 90ZA and 90C above shall have effect, in their application in relation to candidates at an election of London members of the London Assembly at an ordinary election, subject to the following modifications.

(2) In relation to any such candidates included in a list of candidates submitted by a registered political party in connection with the election—

(a) references to anything done by or on behalf of, or in relation to, a candidate at the election shall be construed as a reference to any such thing done by or on behalf of, or in relation to, all or any of the candidates on the list; and

(b) “for the purposes of the candidate’s election” shall (instead of having the meaning given by section 90ZA(3) above) be construed as meaning with a view to, or otherwise in connection with promoting or procuring electoral success for the party, that is to say, the return at the election of all or any of the candidates on the list.

(3) Section 90ZA above shall have effect with the substitution of the following subsection for subsection (6)—

(6) In this Part, and in Part III of this Act, any reference (in whatever form) to promoting or procuring a candidate’s election at an election, or to promoting or procuring electoral success for a party, includes doing so by prejudicing the electoral prospects of other candidates or parties at the election.

110A

(1) This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at a local government election in Scotland (whether or not it can be so regarded as intended to achieve any other purpose as well).

(2) No material to which this section applies is to be published unless—

(a) in the case of material which is, or is contained in, such a document as is mentioned in subsection (4), (5) or (6) below, the requirements of that subsection are complied with; or

(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (7) below are complied with.

(3) For the purposes of subsections (4) to (6) below the following details are “the relevant details” in the case of any material falling within subsection (2)(a) above, namely—

(a) the name and address of the printer of the document;

(b) the name and address of the promoter of the material; and

(4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(5) Where the material is a printed document other than one to which subsection (4) above applies, the relevant details must appear on either the first or the last page of the document.

(6) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear on either its first or last page; and

(b) the relevant details specified in subsection (3)(b) and (c) above must be included in the advertisement.

(7) The Scottish Ministers may by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (2)(b) above of the following details, namely—

(a) the name and address of the promoter of the material; and

(b) the name and address of any person on whose behalf the material is being published (and who is not the promoter).

(8) Regulations under subsection (7) above may, in particular, specify—

(a) the manner and form in which such details are to be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which—

(i) any such requirement does not have to be complied with by a person of any description specified in the regulations; or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.

(9) Regulations under subsection (7) may contain such incidental, supplemental, saving or transitional provision as the Scottish Ministers think fit.

(10) A statutory instrument containing regulations under subsection (7) above is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(11) Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (13) and (14) below)—

(a) the promoter of the material;

(b) any other person by whom the material is so published; and

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

(12) Where any material falling within subsection (2)(b) above is published in contravention of subsection (2), then (subject to regulations made by virtue of subsection (8)(b) above and to subsections (13) and (14) below)—

(a) the promoter of the material; and

(b) any other person by whom the material is so published,

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

(13) It shall be a defence for a person charged with an offence under this section to prove—

(a) that the contravention of subsection (2) above arose from circumstances beyond his control; and

(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(14) Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (11) or (12) above, he shall instead be guilty of an illegal practice.

(15) In this section—

“print” means print by whatever means, and “printer” shall be construed accordingly;

“the promoter”, in relation to any material to which this section applies, means the person causing the material to be published;

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.

(16) For the purpose of determining whether any material is material such as is mentioned in subsection (1) above, it is immaterial that it does not expressly mention the name of any candidate.

118A

(1) References to a candidate in this Part of this Act shall be construed in accordance with this section (except where the context otherwise requires).

(2) A person becomes a candidate at a parliamentary election—

(a) on the date of—

(i) the dissolution of Parliament, or

(ii) in the case of a by-election, the occurrence of the vacancy,

in consequence of which the writ for the election is issued if on or before that date he is declared by himself or by others to be a candidate at the election, and

(b) otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier).

(3) A person becomes a candidate at an election under the local government Act—

(a) on the last day for publication of notice of the election if on or before that day he is declared by himself or by others to be a candidate at the election, and

(b) otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier),

or, in the case of a person included in a list of candidates submitted by a registered political party in connection with an election of the London members of the London Assembly at an ordinary election, on the day on which the list is submitted by the party.

Registration of electors in Great Britain: alterations

135A

(1) This section applies where the election court has made a determination under section 145 below at the conclusion of the trial of a petition questioning the election of the London members of the London Assembly at an ordinary election.

(2) Where, pursuant to section 145(6) below, the proper officer of the Greater London Authority receives the copy of the certificate of the election court’s determination in relation to the election which was questioned, he shall send notice of the determination to the Greater London returning officer.

(3) If the election is not declared void but—

(a) the return of a candidate at the election is declared void, and

(b) no other person has been declared returned in his place,

the vacancy shall be filled (or, as the case may be, remain unfilled) as if it were a casual vacancy (see section 11 of the Greater London Authority Act 1999).

(4) If the election is declared void, a new election shall be held in the same manner as at an ordinary election.

(5) The date of the poll at the new election shall be fixed by the Greater London returning officer.

(6) The date fixed shall be no later than three months after the receipt by the Greater London returning officer of the notice under subsection (2) above.

(7) A new election shall not be held if the latest date which may be fixed for the poll falls within the period of three months preceding an ordinary election.

(8) If the determination of the election court is that the election is void, the Greater London returning officer shall inform the returning officer for each Assembly constituency of—

(a) the contents of the notice under subsection (2) above; and

(b) the date fixed for the poll at the new election.

(9) The results of the elections of the constituency members of the London Assembly at the last ordinary election shall have effect for the purposes of ascertaining the results of the new election.

145A

(1) This section applies where the election court makes a determination under section 145 above in respect of—

(a) the election of the Mayor of London, or

(b) the election of a constituency member of the London Assembly,

and the conditions in subsections (2) and (3) below are satisfied.

(2) The first condition is that the determination of the election court is—

(a) that the person whose election is complained of was not duly elected; or

(b) that the election was void.

(3) The second condition is that the return of that person at that election was taken into account for the purpose of deciding which persons were to be returned as London members of the London Assembly.

(4) Where this section applies, the validity of the return of the London members of the London Assembly shall not be affected by—

(a) the determination of the election court; or

(b) in a case falling within subsection (1)(b) above, the subsequent return of a person as the constituency member for the Assembly constituency concerned.

173A

(1) Subject . . . to section 174 below, a person convicted of a corrupt practice—

(a) shall for the period of five years beginning with the date of his conviction, be incapable of holding any public or judicial office in Scotland, and

(b) if already holding such an office, shall vacate it as from that date.

(2) Subsection (1) above applies in addition to—

(a) any incapacity or other requirement applying to the person by virtue of section 173 above, and

(b) any punishment imposed on him under section 168 above.

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

180A

The certificate of a registration officer that any person is or is not, or was or was not at any particular time, duly registered in one of the officer’s registers in respect of any address shall be sufficient evidence of the facts stated in it; and a document purporting to be such a certificate shall be received in evidence and presumed to be such a certificate unless the contrary is proved.

Computation of time for purposes of Part III.

The Greater London Authority

189A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

199A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

199B

(1) Subsections (2) and (3) below apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a parliamentary or local government election.

(2) The person who is required or authorised to give or display the document must, as he thinks appropriate, give or display or otherwise make available in such form as he thinks appropriate—

(a) the document in Braille;

(b) the document in languages other than English;

(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3) The person required or authorised to give or display the document must also, as he thinks appropriate, make available the information contained in the document in such audible form as he thinks appropriate.

(4) Subsections (2) and (3) above do not apply to—

(a) the nomination paper;

(b) the ballot paper.

(5) The returning officer at a parliamentary election or a local government election may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.

(6) The sample copy mentioned in subsection (5) above—

(a) in the case of a parliamentary election or a local government election where only one candidate is to be elected, must have printed the words “VOTE FOR ONE CANDIDATE ONLY” both at the top and immediately below the list of candidates,

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