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
articles Not indexed
Reform history JSON API
  • (b) in the case of a local government election where more than one candidate is to be elected, must have printed the words “VOTE FOR NO MORE THAN [here insert the maximum number of candidates to be elected] CANDIDATES” both at the top and immediately below the list of candidates, and
  • (c) in each case, below the second occurrence of those words, may include a translation of those words into such other languages as the returning officer thinks appropriate.
  • (7) The returning officer at a parliamentary election or a local government election must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.
  • (8) The sample copy mentioned in subsection (7) above must be clearly marked as a specimen provided only for the guidance of voters.
  • (9) In the application of subsection (2)(b) to Northern Ireland any question as to whether a person is to give or display or otherwise make available a document in a language other than English is to be decided by the returning officer.
  • (10) This section does not apply to a local government election in Scotland.
  • (11) This section does not apply to a local government election in Wales.
199C
  • (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 local government election in Scotland.
  • (2) The person who is required or authorised to give or display the document must, as he thinks appropriate, also 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;
  • (c) graphical representations of the information contained in the document;
  • (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; or
  • (b) the ballot paper.
200A
  • (1) This section applies where any postal services are provided without charge by a universal postal service provider in pursuance of this Act.
  • (2) The universal postal service provider shall be entitled to be remunerated for having provided the services at the rate fixed in relation to them by virtue of a scheme under section 89 of the Postal Services Act 2000.
  • (3) A sum which a universal postal service provider is entitled to receive by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.
  • (4) In this section “postal services” has the meaning given by section 27 of the Postal Services Act 2011.

SCHEDULE A1

1

The relevant authority must publish notice of the holding of a review.

2

The authority must consult the returning officer for every parliamentary election held in a constituency which is wholly or partly in its area.

3
  • (1) Every such returning officer must make representations to the authority.
  • (2) The representations must include information as to the location of polling stations (existing or proposed) within polling places (existing or proposed).
  • (3) The representations must be published in such manner as is prescribed.
4
  • (1) The authority must seek representations from such persons as it thinks have particular expertise in relation to access to premises or facilities for persons who have different forms of disability.
  • (2) Such persons must have an opportunity—
  • (a) to make representations;
  • (b) to comment on the returning officer's representations.
5

Any elector in a constituency situated in whole or in part in the authority's area may make representations.

6

Representations made by any person in connection with a review of polling places may include proposals for specified alternative polling places.

7

On completion of a review the authority must—

  • (a) give reasons for its decisions in the review;
  • (b) publish such other information as is prescribed.

Issue of Writ and Notice of Election

Issue of writ

Conveyance of writ to acting returning officer

Notice of election

Nomination

Nomination of candidates

Nomination papers: name of registered political party

6A
  • (1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the constituency and the description is authorised by a certificate—
  • (a) issued by or on behalf of the registered nominating officer of the party, and
  • (b) received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.
  • (1A) In paragraph (1) above an authorised description may be either—
  • (a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000, or
  • (b) a description of the party registered under section 28A of that Act.
  • (1B) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the constituency and the description is a registered description authorised by a certificate—
  • (a) issued by or on behalf of the registered nominating officer of each of the parties, and
  • (b) received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.
  • (1C) For the purposes of paragraph (1B), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.
  • (2) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (1B) on behalf of a registered political party’s nominating officer.
  • (3) For the purposes of the application of this rule in relation to an election—
  • (a) “registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at the election;
  • (b) a registered political party is a qualifying party in relation to a constituency if—
  • (i) the constituency is in England, Scotland or Wales and the party was on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act, or
  • (ii) the constituency is in Northern Ireland and the party was on the relevant day registered in the Northern Ireland register maintained under that Part of that Act.
  • (4) For the purposes of paragraph (3)(a) any day falling within rule 2(1) (subject to rule 2(2A)) shall be disregarded.

Subscription of nomination paper

Deposit

Place for delivery of nomination papers

Right to attend nomination

Decisions as to validity of nomination papers

Withdrawal of candidates

Publication of statement of persons nominated

Correction of minor errors

14A
  • (1) A returning officer may, if he thinks fit, at any time before the publication under rule 14 above of the statement of persons nominated, correct minor errors in a nomination paper or home address form .
  • (2) Errors which may be corrected include—
  • (a) errors as to a person's electoral number;
  • (b) obvious errors of spelling in relation to the details of a candidate.
  • (c) in the home address form, errors as to the information mentioned in rule 6(5)(b).
  • (3) Anything done by a returning officer in pursuance of this rule must not be questioned in any proceedings other than proceedings on an election petition.
  • (4) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Disqualification by Representation of the People Act 1981

Adjournment of nomination proceedings in case of riot

Method of election

General Provisions

Poll to be taken by ballot

The ballot papers

Corresponding number list

19A
  • (1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).
  • (2) The list shall be in such form as the Secretary of State in regulations prescribes.

The official mark

Prohibition of disclosure of vote

Use of schools and public rooms

Action to be Taken Before the Poll

Notice of poll

Postal ballot papers

Provision of polling stations

Appointment of presiding officers and clerks

Special lists

Issue of official poll cards

Equipment of polling stations

Appointment of polling and counting agents

Notification of requirement of secrecy

Return of postal ballot papers

31A
  • (1) Where—
  • (a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or
  • (b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the returning officer must mark the list in the prescribed manner.

  • (1A) Paragraph (1) shall not apply in relation to a vote on a tendered postal ballot paper (see rule 40ZA).
  • (2) For the purposes of paragraph (1) above, regulations may prescribe the circumstances in which a postal vote or a proxy postal vote (as the case may be) is or is not to be treated as having been returned.
  • (3) Rule 45(1B) and (2) below does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

The Poll

Admission to polling station

Keeping of order in station

Sealing of ballot boxes

Questions to be put to voters

Challenge of voter

Voting procedure

Votes marked by presiding officer

Voting by persons with disabilities

Tendered ballot papers

Refusal to deliver ballot paper

40A
  • (1) This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (1C) of rule 37 (including that paragraph as applied by rule 38, 39 or 40).
  • (2) The refusal shall be subject to review on an election petition but, subject to that and to rule 37(1DB), shall be final and shall not be questioned in any proceeding whatsoever.

Spoilt ballot papers

Correction of errors on day of poll

41A

The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of this Act which takes effect on the day of the poll.

Correction of errors on day of poll: Northern Ireland

41B

The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) which takes effect on the day of the poll.

Adjournment of poll in case of riot

Procedure on close of poll

Counting of Votes

Attendance at counting of votes

The count

Recount

Rejected ballot papers

Decisions on ballot papers

Equality of votes

Destruction of home address forms

53A

The returning officer shall destroy each candidate's home address form—

  • (a) on the next working day following the 21st day after the officer has returned the name of the member elected; or
  • (b) if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.

Deceased independent candidate wins

61
  • (1) This rule applies if at an election mentioned in rule 60(1) the majority of votes is given to the deceased candidate.
  • (2) Rule 50(1) (declaration of result) does not apply but the returning officer must—
  • (a) declare that the majority of votes has been given to the deceased candidate,
  • (b) declare that no member is returned, and
  • (c) give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
  • (3) Rule 53 (return or forfeiture of candidate's deposit) does not apply in relation to the remaining candidates.
  • (4) The returning officer must not return the writ and the proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
  • (5) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 60(1).
  • (6) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated, and no other nomination may be made.
  • (7) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
  • (8) Rule 9 (deposit) does not apply.
  • (9) The poll must be held on a day in the period which starts 21 working days after the day on which the writ is taken to have been received and ends 27 working days after that day.
  • (10) For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).

Deceased independent candidate with equality of votes

62

In an election mentioned in rule 60(1), if—

  • (a) rule 49 applies (equality of votes), and
  • (b) any of the candidates to whom that rule applies is a deceased candidate,

the deceased candidate must be ignored.

Party candidate

63
  • (1) This rule applies if—
  • (a) at a contested election proof is given to the returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and
  • (b) that person is standing in the name of a registered political party.
  • (2) The returning officer must—
  • (a) countermand notice of the poll, or
  • (b) if polling has begun, direct that the poll be abandoned.
  • (3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
  • (4) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer.
  • (5) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated.
  • (6) No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing.
  • (7) The last day on which a nomination mentioned in paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
  • (8) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
  • (9) The poll must be held on a day in the period which starts 21 working days after the day on which the writ is taken to have been received and ends 27 working days after that day.
  • (10) For the purposes of this rule—
  • (a) a person stands in the name of a registered political party if his nomination paper contains a description which is authorised as mentioned in rule 6A(1) or (1B);
  • (b) a registered political party is a party which is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000;
  • (c) a working day is a day which is not a day specified in rule 2(1)(a) to (c).

Speaker of the House of Commons seeking re-election

64
  • (1) This rule applies if at a contested election—
  • (a) one of the candidates is the Speaker of the House of Commons seeking re-election, and
  • (b) proof is given to the returning officer's satisfaction before the result of the election is declared that that candidate has died.
  • (2) The returning officer must—
  • (a) countermand notice of the poll, or
  • (b) if polling has begun, direct that the poll be abandoned.
  • (3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
  • (4) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer.
  • (5) The last day on which—
  • (a) nominations, or
  • (b) notice of withdrawal of candidature,

may be delivered is the seventh working day after the day on which the writ is taken to be received.

  • (6) The poll must be held on a day in the period which starts 21 working days after the day on which the writ is taken to have been received and ends 27 working days after that day.
  • (7) For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).

Abandoned poll

65
  • (1) This rule applies to—
  • (a) a poll which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;
  • (b) a poll which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).
  • (2) The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll.
  • (3) The returning officer must dispose of ballot papers and other documents in his possession as is he required to do on the completion of the counting of the votes.
  • (4) It is not necessary for a ballot paper account to be prepared or verified.
  • (5) No step or further step is to be taken for the counting of the ballot papers or of the votes.
  • (6) The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.
  • (7) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).
  • (8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.
  • (9) No order is to be made for—
  • (a) the production or inspection of any ballot papers, or
  • (b) the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll,

unless the order is made by a court with reference to a prosecution.

Appendix of forms

Note.—The forms contained in this Appendix may be adapted so far as circumstances require.

Form of writ

*The name of the sovereign may be altered when necessary.

Maintenance of the registers: registration of electors.

†Whereas by the advice of Our Council We have ordered a Parliament to be holden at Westminster on the day of next We Command you that due notice being first given you do cause election to be made according to law of a Member to serve in Parliament for the said Constituency [‡in the place of ]

Label or direction of writ

Endorsement

Returning Officer (or as the case may be.)

Certificate endorsed on writ

Returning Officer (or as the case may be.)

Form of notice of election

Form of nomination paper

NOTE

1

The attention of candidates and electors is drawn to the rules for filling up nomination papers and other provisions relating to nomination contained in the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983.

2

Where a candidate is commonly known by some title he may be described by his title as if it were his surname.

2A

Where a candidate commonly uses a name or names—

  • (a) that are different from the candidate’s full names as stated on the nomination paper, or
  • (b) in a different way from the candidate’s full names as stated on the nomination paper,

the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.

2B

But the ballot paper will show the other name if the returning officer thinks—

  • (a) that the use of the commonly used name may be likely to mislead or confuse electors, or
  • (b) that the commonly used name is obscene or offensive.
3

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

4

An elector may not subscribe more than one nomination paper for the same election.

Form of Ballot Paper

Directions as to printing the ballot paper

5

A person whose name is entered in the register . . . may not subscribe a nomination paper if the entry gives as the date on which he will become of voting age a date later than the day fixed for the poll.

1

Nothing is to be printed on the ballot paper except in accordance with these directions.

2

So far as is practicable, the arrangements set out in paragraphs 3 to 13 must be observed in the printing of the ballot paper.

3

No word may be printed on the face except:

  • (a) the heading “Election of the Member of Parliament for the …………... constituency”;
  • (b) within that heading, the name of the constituency;
  • (c) the direction “Vote for only one candidate by putting a cross [X] in the box next to your choice”;
  • (d) the particulars of the candidates; and
  • (e) words forming part of the emblems mentioned at paragraph 10 below.
4

A box must be printed around:

  • (a) the heading and name referred to in paragraph 3(a) and (b); and
  • (b) the direction referred to in paragraph 3(c);

and the direction referred to in paragraph 3(c) must be separated from the heading and name referred to in paragraph 3(a) and (b) by a horizontal rule extending across the box.

5

No rule may be printed on the face except:

  • (a) as part of the box referred to in paragraph 4;
  • (b) the horizontal rule referred to in that paragraph;
  • (c) a horizontal rule above the particulars of the first candidate;
  • (d) horizontal rules separating the particulars of the candidates from one another;
  • (e) a horizontal rule below the particulars of the last candidate;
  • (f) as part of the boxes on the right-hand side of the ballot paper where the vote is to be marked.
6

The horizontal rules referred to in paragraph 5(c), (d) and (e) must be equally spaced and the space between each of them must be a minimum of 2.5 centimetres.

Form of directions for the guidance of the voters in voting

7

The boxes referred to in paragraph 5(f) must not touch any horizontal rule and each one must be equidistant between the horizontal rule above it and the horizontal rule below it.

8

Each of the horizontal rules referred to in paragraph 5(c) and (d) must extend from a point level with the text on the left-hand side of the page to a point directly above the centre of the box below that rule.

9

The horizontal rule referred to in paragraph 5(e) must:

  • (a) extend from a point level with the text on the left-hand side of the page to a point directly below the right-hand edge of the box above that rule; and
  • (b) be thicker than the other horizontal rules.
10

Where a registered emblem is to be printed against a candidate’s particulars:

  • (a) it must be printed adjacent to and to the right of the candidate’s particulars; and
  • (b) its size as printed must not exceed 2 centimetres square.
11

All the words on the front of the ballot paper must appear in the same large type except that:

  • (a) the heading and name referred to in paragraph 3(a) and (b) must appear in very large and bold type;
  • (b) in the direction referred to in paragraph 3(c), the words “only one candidate” must appear in very large and bold type;
  • (c) the remainder of that direction must appear in very large type;
  • (d) the names of the candidates and the descriptions, if any, must appear in bold type.

Form of declaration to be made by the companion of a voter with disabilities

Maintenance of the registers: registration of electors.

2A

Provisions requiring registration officers to remind persons registered in pursuance of declarations or applications of any prescribed description of the need to make fresh declarations or applications in order for them to remain registered.

2B

Provisions requiring registration officers to remind persons with anonymous entries in registers of the need to make a fresh application and declaration in order for them to remain so registered.

3A
  • (1) Provision about—
  • (a) applications for registration in Northern Ireland and applications under section 13C, including in particular provision about—
  • (i) the form and contents of applications and of any declarations to be made in connection with them;
  • (ii) the manner in which applications and any such declarations are to be made;
  • (b) the manner in which forms in connection with a canvass under section 10 are to be submitted.
  • (2) Provision made under sub-paragraph (1) may include provision—
  • (a) conferring functions on the Secretary of State or the Chief Electoral Officer for Northern Ireland to enable applications to be made, or forms to be submitted, in a particular manner;
  • (b) conferring other functions on the Chief Electoral Officer for Northern Ireland;
  • (c) conferring functions on the Electoral Commission;
  • (d) authorising the Secretary of State or the Chief Electoral Officer for Northern Ireland, in prescribed circumstances, to complete applications or forms in part for people.
  • (3) Provision requiring a person making an application for registration in Northern Ireland—
  • (a) to provide evidence that the person is the person named in the application;
  • (b) to provide evidence of entitlement to be registered.
  • (4) Provision requiring a person making an application under section 13C to provide evidence that the person is the person named in the application.
  • (5) Provision made under sub-paragraph (3) or (4) must specify the kind of evidence that a person is required to provide.
  • (6) Examples of the evidence that may be specified include a person’s date of birth or national insurance number.
  • (7) Provision made under sub-paragraph (3) or (4) may require a person to provide the evidence to the Chief Electoral Officer for Northern Ireland or to some other prescribed person (or person of a prescribed description).
  • (8) Provision about how any requirement for an applicant to provide a signature in connection with—
  • (a) an application for registration in Northern Ireland, or
  • (b) a form submitted in connection with a canvass under section 10,

may be satisfied.

3B

Provisions as to the form and content of applications for an anonymous entry and declarations to be made in connection with such applications.

5A
  • (1) Provision requiring applications under paragraph 3 or 4 of Schedule 4 to the Representation of the People Act 2000 orsection 6 or 7 of the Representation of the People Act 1985 to be attested and limiting the number of such applications that a person may attest.
  • (2) Provision requiring a person applying under paragraph 4 of Schedule 4 to the Representation of the People Act 2000 orsection 7 of the Representation of the People Act 1985 to do so in person, producing a document of a prescribed description.
  • (3) Provision as to the evidence which shall or may be required, or be deemed sufficient or conclusive evidence, in connection with a person’s application to vote by proxy or to vote by post as elector or as proxy.
  • (4) Provision authorising or requiring registration officers—
  • (a) to make inquiries of persons included in the record kept under paragraph 3(4) of Schedule 4 to the Representation of the People Act 2000 orsection 6(3) of the Representation of the People Act 1985 for the purpose of determining whether there has been a material change of circumstances; and
  • (b) to treat failure to respond to such inquiries as sufficient evidence of such a change.
8A

Provisions requiring the registration officer to prepare a record of those persons with anonymous entries in the register showing, in relation to each such person, such information as is prescribed.

10A

Provisions requiring copies of the full register and other documents, or prescribed parts of them, to be available for inspection by the public at such places as may be prescribed.

10B
  • (1) Provisions authorising or requiring a registration officer—
  • (a) to supply to such persons as may be prescribed copies of the full register and other documents, or prescribed parts of them, whether free of charge or on payment of a prescribed fee;
  • (b) to supply to any persons copies of the edited register, or any prescribed part of it, on payment of a prescribed fee.
  • (2) Provisions specifying, in relation to any description of persons prescribed by regulations made in pursuance of sub-paragraph (1)(a) above, the purposes for which copies supplied to such persons under such regulations, or information contained in them, may be used whether by such persons or by employees or other persons authorised by them in accordance with regulations to have access to such copies or information contained in them.
  • (3) Without prejudice to the generality of sub-paragraph (1) above or paragraph 11A below, regulations made in pursuance of sub-paragraph (1) may contain any such provisions as are authorised by paragraph 11A.
11A
  • (1) Provisions authorising or requiring registration officers to supply information in such form as may be prescribed, to such persons as may be prescribed on payment of a prescribed fee.
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12A

Regulations under section 53 making provision as mentioned in paragraph 12 in relation to a local government election in Scotland may also make provision authorising the cancellation or removal of ballot papers at such an election in any prescribed circumstances;

Schedule 2A

Part I — Introductory

Operation and interpretation of Schedule

1
  • (1) This Schedule has effect for controlling donations to candidates at an election.
  • (2) The following provisions have effect for the purposes of this Schedule.
  • (3) “Relevant donation”, in relation to a candidate at an election, means a donation to the candidate or his election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate.
  • (4) In sub-paragraph (3) above the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.
  • (5) “Donation” shall be construed in accordance with paragraphs 2 to 4 below.
  • (6) “The 2000 Act” means the Political Parties, Elections and Referendums Act 2000.
  • (6A) In relation to a donation received by a candidate at an election in Great Britain, references to a permissible donor falling within section 54(2) of the 2000 Act are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Commission under Part 2 of that Act.
  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) “The Commission” means the Electoral Commission established by section 1 of that Act.
  • (9) Any reference to a donation received by a candidate when he is (or is deemed to be) his own election agent includes a reference to a donation received by a candidate on a list of candidates to be London members of the London Assembly at an ordinary election who is, or is deemed to be, the election agent of all the candidates on the list.
  • (10) Any donation which is received by a candidate as mentioned in sub-paragraph (9) above shall be regarded as received by him in his capacity as election agent.

Donations: general rules

2
  • (1) “Donation”, in relation to a candidate at an election, means (subject to paragraph 4 below)—
  • (a) any gift to the candidate or his election agent of money or other property;
  • (b) any sponsorship provided in relation to the candidate (as defined by paragraph 3 below);
  • (c) any money spent (otherwise than by the candidate, his election agent or any sub-agent) in paying any election expenses incurred by or on behalf of the candidate;
  • (d) any money lent to the candidate or his election agent otherwise than on commercial terms;
  • (e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the candidate (including the services of any person).
  • (2) Where—
  • (a) any money or other property is transferred to a candidate or his election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate of any property, services or facilities or other consideration of monetary value, and
  • (b) the total value in monetary terms of the consideration so provided by or on behalf of the candidate is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property shall (subject to sub-paragraph (4) below) constitute a gift to the candidate or (as the case may be) his election agent for the purposes of sub-paragraph (1)(a) above.

  • (3) In determining—
  • (a) for the purposes of sub-paragraph (1)(d) above, whether any money lent to a candidate or his election agent is so lent otherwise than on commercial terms, or
  • (b) for the purposes of sub-paragraph (1)(e) above, whether any property, services or facilities provided for the use or benefit of a candidate is or are so provided otherwise than on such terms,

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the candidate in respect of the loan or the provision of the property, services or facilities.

  • (4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) above and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3 below) shall apply in relation to it to the exclusion of the other provision of this paragraph.
  • (5) The reference in sub-paragraph (1)(c) above to money spent as mentioned in that provision is a reference to money so spent by a person, other than the candidate, his election agent or any sub-agent, out of his own resources (with no right to reimbursement out of the resources of any such other person); and where, by virtue of sub-paragraph (1)(c) above, money so spent constitutes a donation to the candidate, the candidate shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor i respect of the expenses in question.
  • (6) In this paragraph—
  • (a) any reference to anything being given or transferred to a candidate or his election agent includes a reference to its being given or transferred either directly or indirectly through any third person;
  • (b) “gift” includes a bequest or any other form of testamentary disposition.

Sponsorship

3
  • (1) For the purposes of this Schedule sponsorship is provided in relation to a candidate if—
  • (a) any money or other property is transferred to the candidate or to any person for the benefit of the candidate, and
  • (b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—
  • (i) to help the candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or
  • (ii) to secure that to any extent any such expenses are not so incurred.
  • (2) In sub-paragraph (1) above “defined expenses” means expenses in connection with—
  • (a) any conference, meeting or other event organised by or on behalf of the candidate,
  • (b) the preparation, production or dissemination of any publication by or on behalf of the candidate, or
  • (c) any study or research organised by or on behalf of the candidate.
  • (3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above—
  • (a) the making of any payment in respect of—
  • (i) any charge for admission to any conference, meeting or other event, or
  • (ii) the purchase price of, or any other charge for access to, any publication;
  • (b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
  • (4) The Secretary of State may by order made on the recommendation of the Commission amend sub-paragraph (2) or (3) above.
  • (4A) But any modification of sub-paragraph (2) or (3) by order under sub-paragraph (4) has no effect in relation to local government elections in Scotland.
  • (5) Any order under sub-paragraph (4) above shall be made by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
  • (6) In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Payments etc. not to be regarded as donations

4
  • (1) None of the following shall be regarded as a donation—
  • (a) the provision of any facilities provided in pursuance of any right conferred on a candidate at an election by this Act;
  • (b) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge;
  • (c) any interest accruing to a candidate or his election agent in respect of any donation which is dealt with by the candidate or (as the case may be) his election agent in accordance with section 56(2)(a) or (b) of the 2000 Act (as applied by paragraph 7 below).
  • (2) There shall also be disregarded any donation whose value (determined in accordance with paragraph 5 below) is not more than £50.

Value of donations

5
  • (1) The value of any donation falling within paragraph 2(1)(a) above (other than money) shall be taken to be the market value of the property in question.
  • (2) Where, however, paragraph 2(1)(a) above applies by virtue of paragraph 2(2) above, the value of the donation shall be taken to be the difference between—
  • (a) the value of the money, or the market value of the property, in question, and
  • (b) the total value in monetary terms of the consideration provided by or on behalf of the candidate or his election agent.
  • (3) The value of any donation falling within paragraph 2(1)(b) above shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1) above; and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.
  • (4) The value of any donation falling within paragraph 2(1)(d) or (e) above shall be taken to be the amount representing the difference between—
  • (a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the candidate or his election agent in respect of the loan or the provision of the property, services or facilities if—
  • (i) the loan had been made, or
  • (ii) the property, services or facilities had been provided,

on commercial terms, and

  • (b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the candidate or his election agent.
  • (5) Where a donation such as is mentioned in sub-paragraph (4) above confers an enduring benefit on the donee over a particular period, the value of the donation—
  • (a) shall be determined at the time when it is made, but
  • (b) shall be so determined by reference to the total benefit accruing to the donee over that period.
  • (6) In this paragraph “market value” in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market.

Part II — Controls on donations

Prohibition on accepting donations from impermissible donors

6
  • (1) A relevant donation received by a candidate or his election agent must not be accepted if—
  • (a) the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) his election agent, a permissible donor falling within section 54(2) of the 2000 Act; or
  • (b) the candidate or (as the case may be) his election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.
  • (2) For the purposes of this Schedule any relevant donation received by a candidate or his election agent which is an exempt trust donation shall be regarded as a relevant donation received by the candidate or his election agent from a permissible donor; and section 162 of the 2000 Act (interpretation: exempt trust donations) shall apply for the purposes of this Schedule as it applies for the purposes of that Act.
  • (3) But, for the purposes of this Schedule, any relevant donation received by a candidate or his election agent from a trustee of any property (in his capacity as such) which is not—
  • (a) an exempt trust donation, or
  • (b) a relevant donation transmitted by the trustee to the candidate or his election agent on behalf of beneficiaries under the trust who are—
  • (i) persons who at the time of its receipt by the candidate or his election agent are permissible donors falling within section 54(2) of the 2000 Act, or
  • (ii) the members of an unincorporated association which at that time is such a permissible donor,

shall be regarded as a relevant donation received by the candidate or his election agent from a person who is not such a permissible donor.

  • (4) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or his election agent by way of a relevant donation—
  • (a) on behalf of himself and one or more other persons, or
  • (b) on behalf of two or more other persons,

then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £50 shall be treated as if it were a separate donation received from that person.

  • (5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given—
  • (a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 11(c) below; and
  • (b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 11(a) below.
  • (6) Where—
  • (a) any person (“the agent”) causes an amount to be received by a candidate or his election agent by way of a donation on behalf of another person (“the donor”), and
  • (b) the amount of the donation is more than £50,

the agent must ensure that, at the time when the donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given all such details in respect of the donor as are required by virtue of paragraph 11(c) below.

  • (7) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (5) or (6) above.
  • (8) A person guilty of an offence under sub-paragraph (7) shall be liable—
  • (a) on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both);
  • (b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both).

Acceptance or return of donations

7
  • (1) Sections 56 to 60 of the 2000 Act shall apply for the purposes of this Schedule in relation to—
  • (a) a relevant donation received by a candidate or his election agent, and
  • (b) the candidate or (as the case may be) the election agent,

as they apply in relation to a donation received by a registered party and the registered party.

  • (2) In the application of sections 56 to 60 of that Act in accordance with sub-paragraph (1)—
  • (a) section 56(1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 11(c) below;
  • (b) section 56(3) shall have effect as if the reference to the party were omitted and the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent; and
  • (c) section 56(4) shall have effect as if the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent.

Transfer of donations received by candidate to election agent

8
  • (1) Sub-paragraph (2) below applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, his own election agent at the time of receipt of the donation).
  • (2) The candidate shall, on receipt of any such donation as is mentioned in sub-paragraph (1) above, forthwith deliver to his election agent—
  • (a) the donation,
  • (b) where paragraph 6(5) or (6) above applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and
  • (c) any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under this Part or Part III of this Schedule.
  • (3) Where a donation is delivered to an election agent in accordance with sub-paragraph (2) above, the donation shall be treated for the purposes of paragraph 6(1) to (4) above and the provisions applied by paragraph 7 above as if it had been—
  • (a) originally received by the election agent, and
  • (b) so received by him on the date on which it was received by the candidate.
  • (4) Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate himself) as election agent is in force he shall either—
  • (a) forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) above to the agent, or
  • (b) (if he fails to do so) deal with the donation in accordance with section 56 of the 2000 Act.
  • (5) Sub-paragraph (3) above shall have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) above as it has effect in relation to a donation delivered to him in accordance with sub-paragraph (2) above.
  • (6) Sub-paragraph (7) below applies where—
  • (a) a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 56 of the 2000 Act either because—
  • (i) it was received by him at a time when no appointment of another person as his election agent was in force, or
  • (ii) although such an appointment was in force, he was by virtue of sub-paragraph (4)(b) required to deal with the donation; and
  • (b) an appointment of a person (other than the candidate himself) as election agent is in force at, or at any time after—
  • (i) the deadline for appointing an election agent, or
  • (ii) if later, the time when the candidate has dealt with the donation in accordance with section 56 of the 2000 Act.
  • (7) Subject to sub-paragraph (9) below, the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent—
  • (a) the donation (if it has been accepted by him), and
  • (b) any information which he has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under Part III of this Schedule.
  • (8) The relevant time for the purposes of sub-paragraph (7) above is—
  • (a) the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or
  • (b) otherwise, the time when any such appointment subsequently comes into force.
  • (9) The duty imposed on a candidate by sub-paragraph (7)(a) above does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.
  • (10) In this paragraph—
  • (a) any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with section 67(1) or (1A) of this Act be named as election agent—
  • (i) by the candidate, or
  • (ii) in the case of a candidate on a list of candidates submitted by a registered political party to be London members of the London Assembly at an ordinary election, by the party; and
  • (b) any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7 above.

Evasion of restrictions on donations

9

Section 61 of the 2000 Act shall apply for the purposes of this Schedule as if—

  • (a) any reference to donations were to relevant donations;
  • (b) any reference to a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) his election agent; and
  • (c) any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or his election agent (or both).

Part III — Reporting of donations

Statement of relevant donations

10
  • (1) The candidate’s election agent must include in any return required to be delivered under section 81 of this Act a statement of relevant donations which complies with paragraphs 11 and 12 below.
  • (2) If the statement states that the candidate's election agent has seen evidence of such description as is prescribed by the Secretary of State in regulations that an individual donor has an anonymous entry in an electoral register, the statement must be accompanied by a copy of the evidence.
  • (2A) In the application of sub-paragraph (2) in relation to a local government election in Scotland, the reference to the Secretary of State is to be read as if it were a reference to the Scottish Ministers, and regulations made by the Scottish Ministers under that sub-paragraph are subject to the affirmative procedure.
  • (3) Sub-paragraph (2) does not apply to local government elections in Scotland.

Donations from permissible donors

11

The statement must record, in relation to each relevant donation accepted by the candidate or his election agent—

  • (a) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5 above;
  • (b) the date when the donation was accepted by the candidate or his election agent;
  • (c) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act; and
  • (d) such other information as may be required by regulations made by the Commission.

Donations from impermissible donors

12
  • (1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b) above.
  • (2) Where paragraph 6(1)(a) above applies, the statement must record—
  • (a) the name and address of the donor;
  • (b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5 above;
  • (c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a) of the 2000 Act; and
  • (d) such other information as is required by regulations made by the Commission.
  • (3) Where paragraph 6(1)(b) above applies, the statement must record—
  • (a) details of the manner in which the donation was made;
  • (b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5 above;
  • (c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b) of the 2000 Act; and
  • (d) such other information as is required by regulations made by the Commission.
  • (4) In this paragraph any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7 above.

SCHEDULE 4A

Part 1 — List of matters

1

Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

2

Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

3

Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.

4

Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.

5

The services of an election agent or any other person whose services are engaged in connection with the candidate's election.

6

Accommodation and administrative costs.

Part 2 — General Exclusions

7

The payment of any deposit required by rule 9 of Schedule 1 to this Act.

8

The publication of any matter, other than an advertisement, relating to the election in—

  • (a) a newspaper or periodical;
  • (b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru;
  • (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.
9

The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of sections 95(4) and 96(4) above.

10

The provision by an individual of his own services which he provides voluntarily in his own time and free of charge.

11
  • (1) Accommodation which is the candidate's sole or main residence.
  • (2) The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge.
12
  • (1) Transport by a means of transport which was acquired by the candidate principally for his own personal use.
  • (2) Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use.
13
  • (1) Computing or printing equipment which was acquired by the candidate principally for his own personal use.
  • (2) The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge.

Part 3 — Supplemental

Guidance by Commission

14
  • (1) The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice for elections other than local government elections in Wales giving—
  • (a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule;
  • (b) guidance (supplementing the definition in section 90ZA(3) above) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate’s election;
  • (c) guidance relating to the application of Part 2 of this Act in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses).
  • (2) Once the Commission have prepared a draft code under this paragraph, they must submit it to the Secretary of State for his approval.
  • (3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.
  • (4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—
  • (a) in its original form, or
  • (b) in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

  • (5) If the draft incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of his reasons for making them.
  • (6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code.
  • (7) If no such resolution is made within the 40-day period—
  • (a) the Secretary of State must issue the code in the form of the draft laid before Parliament, and
  • (b) the code is to come into force on such date as the Secretary of State may by order made by statutory instrument appoint,

and the Commission must arrange for it to be published in such manner as they think appropriate.

  • (8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.
  • (9) In this paragraph, “the 40-day period”, in relation to a draft code, means—
  • (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
  • (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

  • (10) In this paragraph references to a draft code include a revised draft code.

Power to amend Parts 1 and 2

15
  • (1) The Secretary of State may by order made by statutory instrument make such amendments of Part 1 or 2 of this Schedule as he considers appropriate.
  • (2) An order under sub-paragraph (1) shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
  • (3) The Secretary of State may make such an order either—
  • (a) where the order gives effect to a recommendation of the Electoral Commission; or
  • (b) after consultation with the Electoral Commission.

SCHEDULE 4B

Part 1 — List of matters

1

Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

2

Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

3

Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.

4

Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.

5

The services of an election agent or any other person whose services are engaged in connection with the candidate's election.

6

Accommodation and administrative costs.

Part 2 — General exclusions

7

The publication of any matter, other than an advertisement, relating to the election in—

  • (a) a newspaper or periodical;
  • (b) a broadcast made by the British Broadcasting Corporation;
  • (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).
8

The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of section 96(4) above.

9

The provision by an individual of his own services which he provides voluntarily in his own time and free of charge.

10
  • (1) Accommodation which is the candidate's sole or main residence.
  • (2) The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge.
11
  • (1) Transport by a means of transport which was acquired by the candidate principally for his own personal use.
  • (2) Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use.
12
  • (1) Computing or printing equipment which was acquired by the candidate principally for his own personal use.
  • (2) The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge.

Part 3 — Power to amend Parts 1 and 2

13
  • (1) The Scottish Ministers may by order made by statutory instrument make such amendment of Part 1 or 2 of this Schedule as they consider appropriate.
  • (2) An order under sub-paragraph (1) may contain such incidental, supplemental, saving or transitional provisions as the Scottish Ministers think fit.
  • (3) No order is to be made under sub-paragraph (1) unless a draft of the instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.

European Parliamentary Elections Act 1978

Editorial notes

[^c14477961]: Act applied by S.R. 1989/48 art. 2, Sch. Pt. VII para. 38(4) Act applied (8.11.1994) by 1994 c. 39, ss. 5(1), 7(2); S.I. 1994/2850, art. 2, Sch. 1 Act applied (with modifications) (temp. from 6.1.1995 until 1.4.1996) by S.I. 1994/3255, arts. 4-7, Schs. II-IV Act applied (with modifications) (19.3.1998) by S.I. 1998/746, art. 12, Sch. 1 Table 1 Act applied (with modifications) (28.5.1998) by S.I. 1998/1287, arts. 1(2)(a), 3(1)(3)(5), Sch. 1; S.I. 1998/1313, art. 2 Act applied (with modifications) (E.W.) (1.2.2002) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185), reg. 3(2), Sch. 2 Act applied (24.10.2002) by European Parliamentary Elections Act 2002 (c. 24), ss. 9(3), 18(2) Act applied (with modifications) (9.7.2003) by The Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 (S.I. 2003/1557), reg. 2 Act applied (with modifications) (E.W.S.) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), reg. 3(2)(3)(a)(4), Sch. 2 (with Sch. 4 para. 9) (as amended (E.W.) (6.4.2014) by S.I. 2014/370, reg. 6(3) (with reg. 1(2)) and (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 44 (with reg. 1(6)(7)); and (26.3.2024) by The Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024 (S.I. 2024/428), regs. 1(1)(b), 3 (with reg. 6)) Act applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), art. 3(2)-(4), Sch. 2 (as amended (16.1.2023) by S.I. 2022/1382, regs. 1(3), 95 (with reg. 1(6)(7)); (31.1.2024) by S.I. 2023/1147, regs. 1(3)(g), 20(5)(a)) and (7.2.2024) by S.I. 2024/131, regs. 1(3), 12(2))

[^c14477971]: In this Act references to constituency are to be construed as mentioned in Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 1(2)

[^c14477981]: Act amended (N.I.) by S.I. 1986/1091, reg. 51(6) Act amended (E.W.) by S.I. 1986/1081, reg. 51(6) (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3) Act amended by Representation of the People Act 1985 (c. 50), s. 9(3) Act amended by Representation of the People Act 1985 (c. 50), s. 27(2) Act amended (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50), s. 10, Sch. 1 para. 24 Act amended (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2), s. 4

[^c14478041]: Act extended (N.I.) with modifications by Elections (Northern Ireland) Act 1985 (c. 2), s. 3(7) Act: specified provisions extended (with modifications) (23.4.1999) by S.I. 1999/1214, reg. 3(1)(4)(7), Sch. 1 (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126) Act (except ss. 67-70) (as extended by reg. 3(1)(4)(7), Sch. 1 of the amending S.I.) modified by S.I. 1999/1214, reg. 10(9), 11(9) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

[^c14478051]: Act: power to apply conferred by Representation of the People Act 1985 (c. 50), s. 3(7)(b) Act: power to apply conferred (19.11.1998) by 1998 c. 46, s. 12(4)(5) Act: power to apply or incorporate conferred (1.12.1998) by 1998 c. 38, s. 11(3)(a); S.I. 1998/2789, art. 2

[^c14478061]: Act modified by Representation of the People Act 1985 (c. 50), s. 20(2)(b) Act modified (17.2.1994) by S.I. 1994/342, arts. 1(2), 18(1)(b) Act modified (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 10, Sch. 2 paras. 2(7)(b), 7(3)

[^c14478071]: Act continued (with modifications) by S.I. 2001/1298, reg. 10(1)(c)

[^c14478081]: Act extends to the United Kingdom, but see s. 205(2) for minor exclusions

[^c19322971]: Act: s. 46(1)-(4) construed as part of the amending Act (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 46(5), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

[^c19323431]: Act: power to amend conferred (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 72, 77; S.I. 2006/3412, art. 3, Sch. 1 para. 10 (subject to transitional provisions in art. 6, Sch. 2) Act: power to amend conferred (25.7.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 1(2)(a), 31(1)

[^c19333021]: Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 160(1), s. 4(4)(a), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act. Act: power to modify conferred by Government of Wales Act 2006 (c. 32), s. 160(1), s. 13(4)(5), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

[^c20069661]: Act applied (E.W.) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 13(6)

[^c20184191]: Act: power to amend conferred (prosp.) by Political Parties and Elections Act 2009 (c. 12), ss. 34(3)(b), 43(1)

[^c14478121]: S. 1 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(1); S.I. 2001/116, art. 2(1)(2) (with s. 2(4))

[^c14478151]: S. 2 substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 1(1); S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

[^c14478161]: S. 3(1)(2) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

[^c14478171]: Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 1

[^c20185031]: S. 3(2)(a) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 24(1)

[^c19532851]: Words in s. 3(2)(a) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 95; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4

[^c14478231]: 1952 c. 52.

[^c14478241]: 1952 c. 61.

[^c14478251]: 1953 c. 18 (N.I.)

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