Representation of the People Act 1983

• (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;

• (c) in relation to Wales, the council of a county or county borough;

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

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

Residence: persons remanded in custody etc.

37A

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

37B

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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

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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

• (c) that to the best of his knowledge and belief he is not disqualified for being elected.

• (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

• (c) that to the best of his knowledge and belief he is not disqualified for being elected.

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;

• (c) 80% where the dissolution was during its 58th 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;

• (c) section 75(1ZA) 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

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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

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

• (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

• (c) the printer of the document,

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;

• (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;

• (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,

• (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

Consent to nomination

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.

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

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.

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