165 Avoidance of election for employing corrupt agent.
(1) If at a parliamentary or local government election a candidate or his election agent personally engages as a canvasser or agent for the conduct or management of the election any person whom he knows or has reasonable grounds for supposing to be subject to an incapacity to vote at the election by reason—
(a) of his having been convicted or reported of any corrupt or illegal practice within the meaning of this Act or of the law relating to elections for the Northern Ireland Assembly, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the candidate shall be incapable of being elected to fill the vacancy or any of the vacancies for which the election is held.
(2) A local government election may be questioned on the ground that the person whose election is questioned was, at the time of the election, by virtue of this section incapable of being elected.
(3) A vote given for a person who, at the time of the election, was by virtue of this section incapable of being elected shall not, by reason of that incapacity, be deemed to be thrown away so as to entitle another candidate to be declared elected, unless given at a poll consequent on the decision of an election court that he was so incapable.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
166 Votes to be struck off for corrupt or illegal practices.
(1) Where, on a parliamentary election petition claiming the seat for any person, a candidate is proved to have been guilty by himself, or by any person on his behalf, of bribery, treating or undue influence in respect of any person who voted at the election there shall, on a scrutiny, be struck off from the number of votes appearing to have been given to the candidate one vote for every person who voted at the election and is proved to have been so bribed, treated or unduly influenced.
(2) If any person who is guilty of a corrupt or illegal practice or of illegal payment, employment or hiring at an election votes at the election, his vote shall be void.
(3) If any person who is subject under any enactment relating to corrupt or illegal practices to an incapacity to vote at a parliamentary election , local government election or an election under the Local Government (Scotland) etc. Act 1994 (c. 39)to any public office in Scotland votes at that election, his vote shall be void.
(1) An application for relief under this section may be made to the High Court or an election court or else, if in respect of a payment made in contravention of section 78(1) or (2) above, or of paragraph 1 of Schedule 4 to this Act, to the county court.
(1A) Where a person makes an application under this section he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.
(2) If it is shown to the court by such evidence as to the court seems sufficient—
(a) that any act or omission of any person would apart from this section by reason of being in contravention of this Act be an illegal practice, payment, employment or hiring,
(b) that the act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith, and
(c) that such notice of the application has been given in the constituency or, as the case may be, the area of the authority for which the election was held, as to the court seems fit,
and under the circumstances it seems to the court to be just that either that or any other person should not be subject to any of the consequences under this Act of the act or omission, the court may make an order allowing the act or omission to be an exception from the provisions of this Act making it an illegal practice, payment, employment or hiring and upon the making of the order no person shall be subject to any of the consequences under this Act of that act or omission.
(3) In relation to an election of councillors in Scotland, the references in subsection (1) to applications to the High Court or the county court shall be omitted.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
(1) A person who is guilty of a corrupt practice shall be liable—
(a) on conviction on indictment—
(i) in the case of a corrupt practice under section 60 or 62Aor 62B or 112A above, to imprisonment for a term not exceeding two years, or to a fine, or to both,
(ii) in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) If it appears to the court by which any person holding a licence or certificate under the Licensing Acts is convicted of the offence of bribery or treating that the offence was committed on his licensed premises—
(a) the court shall direct the conviction to be entered in the proper register of licences, and
(b) the entry shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate, and may be a ground, if the authority think fit, for refusing its renewal.
A person guilty of an illegal practice shall on summary conviction . . . be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for an illegal practice it shall be sufficient to allege that the person charged was guilty of an illegal practice.
170 Conviction of illegal practice on charge of corrupt practice etc.
A person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence shall for that purpose be an indictable offence), and a person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.
173 Incapacities on conviction of corrupt or illegal practice.
(1) Subject to subsection (2) below, a person convicted of a corrupt or illegal practice—
(a) shall, during the relevant period specified in subsection (3) below, be incapable of—
(i) being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain, or
(ii) being elected to the House of Commons, or
(iii) holding any elective office; and
(b) if already elected to a seat in the House of Commons or holding any such office, shall vacate the seat or office subject to and in accordance with subsections (4) and (5) below.
(2) The incapacity imposed by subsection (1)(a)(i) above applies only to a person convicted of a corrupt practice under section 60 , 62A , 62B or 112A above or of an illegal practice under section 61 above.
(2A) A person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence)—
(a) is, during the relevant period specified in subsection (3), incapable of being elected to the House of Commons, and
(b) if already elected to a seat in the House of Commons, must vacate the seat subject to and in accordance with subsections (4) and (5).
(3) For the purposes of subsections (1)(a) and (2A)(a) above the relevant period is the period beginning with the date of the conviction and ending—
(a) in the case of a person convicted of a corrupt practice, five years after that date, or
(b) in the case of a person convicted of an illegal practice, three years after that date,
except that if (at any time within that period of five or three years) a court determines on an appeal by that person against the conviction that it should not be upheld, the relevant period shall end at that time instead.
(4) Where subsection (1)(b) or (2A)(b) applies to any person, he shall (subject to subsection (5) below) vacate the seat or office in question at the appropriate time for the purposes of this section, namely—
(a) the end of the period which is the period prescribed by law within which notice of appeal may be given, or an application for leave to appeal may be made, by him in respect of the conviction, or
(b) if (at any time within that period) that period is extended—
(i) the end of the period as so extended, or
(ii) the end of the period of three months beginning with the date of the conviction,
whichever is the earlier.
(5) If (before the appropriate time mentioned in subsection (4) above) notice of appeal is given, or an application for leave to appeal is made, by such a person in respect of the conviction, he shall vacate the seat or office in question at the end of the period of three months beginning with the date of the conviction unless—
(a) such an appeal is dismissed or abandoned at any earlier time (in which case he shall vacate the seat or office at that time), or
(b) at any time within that period of three months the court determines on such an appeal that the conviction should not be upheld (in which case the seat or office shall not be vacated by him).
(6) Where such a person vacates a seat or office in accordance with subsection (4) or (5) above, no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the seat or office.
(7) If a person convicted of a corrupt or illegal practice has already been elected to a seat in the House of Commons or to any elective office, he shall (in addition to being subject to the incapacities mentioned in subsection (1)(a) above) be suspended from performing any of his functions as a Member of Parliament, or (as the case may be) any of the functions of that office, during the period of suspension specified in subsection (8) below.
(7A) If a person convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence) has already been elected to a seat in the House of Commons, the person is (in addition to being subject to the incapacities mentioned in subsection (2A)(a) above and section 112(1)(a)(ii) of that Act) suspended from performing any of the functions of a Member of Parliament during the period of suspension specified in subsection (8).
(8) For the purposes of subsections (7) and (7A) above the period of suspension is the period beginning with the date of the conviction and ending with—
(a) the date on which the seat or office is vacated in accordance with subsection (4) or (5) above, or
(b) where subsection (5)(b) above applies, the date on which the court determines that the conviction should not be upheld.
(9) Any incapacities or other requirement applying to a person by virtue of subsection (1) or (7) above applies in addition to any punishment imposed under section 168 or 169 above; but each of those subsections has effect subject to section 174 below.
(9A) Any incapacity or other requirement applying to a person by virtue of subsection (2A) or (7A) applies in addition to any punishment imposed under section 108 of the Electoral Law Act (Northern Ireland) 1962; but each of those subsections has effect subject to section 113(2) to (6) of that Act.
(10) Without prejudice to the generality of section 205(2) below, nothing in this section affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland.
173A Incapacity to hold public or judicial office in Scotland.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where—
(a) any person is subject to any incapacity by virtue of the report of an election court, and
(b) he or some other person in respect of whose acts the incapacity was imposed is on a prosecution acquitted of any of the matters in respect of which the incapacity was imposed,
the court may order that the incapacity shall thenceforth cease so far as it is imposed in respect of those matters.
(2) Where any person who is subject to any incapacity as mentioned above is on a prosecution convicted of any such matters as are mentioned above, no further incapacity shall be taken to be imposed by reason of the conviction, and the court shall have the like power (if any) to mitigate or remit for the future the incapacity so far as it is imposed by section 160 above in respect of the matters of which he is convicted, as if the incapacity had been imposed by reason of the conviction.
(3) A court exercising any of the powers conferred by subsections (1) and (2) above shall make an order declaring how far, if at all, the incapacities imposed by virtue of the relevant report remain unaffected by the exercise of that power, and that order shall be conclusive for all purposes.
(4) Where a person convicted of a corrupt or illegal practice is subsequently reported to have been guilty of that practice by an election court, no further incapacity shall be imposed on him under section 160 by reason of the report.
(5) Where any person is subject to any incapacity by virtue of a conviction or of the report of an election court, and any witness who gave evidence against that person upon the proceeding for the conviction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the court, if satisfied that the conviction or report so far as respects that person was based upon perjury, may order that the incapacity shall thenceforth cease.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person guilty of an offence of illegal payment or employment shall, on summary conviction, be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for such an offence it shall be sufficient to allege that the person charged was guilty of an illegal payment or employment as the case may be.
(2) A candidate or election agent who is personally guilty of an offence of illegal payment or employment shall be guilty of an illegal practice, and if an offence of illegal payment or employment is committed with the candidate’s knowledge and consent at an election where candidates are not required to have election agents, the candidate shall be guilty of an illegal practice.
(3) Any person charged with an offence of illegal payment or employment may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.
(1) A proceeding against a person in respect of any offence under any provision contained in or made under this Act shall be commenced within one year after the offence was committed, and the time so limited by this section shall, in the case of any proceedings under the Magistrates’ Courts Act 1980 (or, in Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981) for any such offence, . . . be substituted for any limitation of time contained in that Act or Order.
(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.
(2) For the purposes of this section—
(a) in England and Wales, the laying of an information;
(b) in Scotland, the granting of a warrant to apprehend or cite the accused (if, in relation to an offence alleged to have been committed within the United Kingdom, such warrant is executed without undue delay); and
(c) in Northern Ireland, the making of a complaint,
shall be deemed to be the commencement of a proceeding.
(2A) A magistrates' court in England and Wales may act under subsection (2B) if it is satisfied on an application by a constable or Crown Prosecutor—
(a) that there are exceptional circumstances which justify the granting of the application, and
(b) that there has been no undue delay in the investigation of the offence to which the application relates.
(2B) The magistrates' court may extend the time within which proceedings must be commenced in pursuance of subsection (1) above to not more than 24 months after the offence was committed.
(2C) If the magistrates' court acts under subsection (2B), it may also make an order under subsection (2D) if it is satisfied, on an application by a constable or Crown Prosecutor, that documents retained by the relevant registration officer in pursuance of rule 57 of the parliamentary elections rules may provide evidence relating to the offence.
(2D) An order under this subsection is an order—
(a) directing the relevant registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 57, and
(b) extending the period for which he is required to retain them under that rule by such further period not exceeding 12 months as is specified in the order.
(2E) The making of an order under subsection (2D) does not affect any other power to require the retention of the documents.
(2F) An application under this section must be made not more than one year after the offence was committed.
(2G) Any party to—
(a) an application under subsection (2A), or
(b) an application under subsection (2C),
who is aggrieved by the refusal of the magistrates' court to act under subsection (2B) or to make an order under subsection (2D) (as the case may be) may appeal to the Crown Court.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A prosecution for any offence punishable summarily committed in reference to an election under the local government Act—
(a) may be instituted before any magistrates’ court in the county in which the local government area for which the election was held is situated or which it adjoins; and
(b) the offence shall be deemed for all purposes to have been committed within the jurisdiction of that court.
This section does not apply in Scotland.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
178 Prosecution of offences committed outside the United Kingdom.
Proceedings in respect of an offence under this Act alleged to have been committed outside the United Kingdom by a Commonwealth citizen or citizen of the Republic of Ireland may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Where—
(a) any corrupt or illegal practice or any illegal payment, employment or hiring, or
(b) any offence under section 110 or 110A above,
is committed by any association or body of persons, corporate or unincorporate, the members of the association or body who have taken part in the commission of the offence shall be liable to any fine or punishment imposed for that offence by this Act.
180 Evidence by certificate of holding of elections.
On—
(a) any prosecution for a corrupt or illegal practice or for any illegal payment, employment or hiring, and
(b) any proceedings for a penalty under section 85 above or paragraph 4 of Schedule 4 to this Act,
the certificate of the returning officer at an election—
(i) that the election mentioned in the certificate was duly held, and
(ii) that the person named in the certificate was a candidate at the election,
shall be sufficient evidence of the facts stated in it.
180A Evidence by certificate of electoral registration.
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.
(1) Where information is given to the Director of Public Prosecutions that any offence under this Act has been committed, it is his duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him to require.
(2) The Director by himself or by his assistant or by his representative appointed under subsection (3) below may and, if the election court so requests him, shall attend the trial of every election petition.
(3) The Director may nominate, . . . , a barrister, solicitor or authorised person. . . to be his representative for the purposes of this Part of this Act . . . .
(3A) In subsection (3) “authorised person” means a person (other than a barrister or solicitor) who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).
(4) The Director in performing any duty under this Act shall act in accordance with regulations under the Prosecution of Offences Act 1979, and subject to them in accordance with the directions (if any) given to him by the Attorney General; and any assistant or representative of the Director in performing any duty under this Part shall act in accordance with those regulations and directions (if any) and with the directions given to him by the Director.
(5) There shall be allowed to the Director and his assistant or representative for the purposes of this Part (other than his general duties under subsection (1) above) such allowances for expenses as the Treasury may approve.
(6) The costs incurred in defraying the expenses of the Director incurred for those purposes (including the remuneration of his representative) shall, in the first instance, be paid by the Treasury, and . . . shall be deemed to be expenses of the election court; but if for any reasonable cause it seems just to the court so to do, the court shall order all or part of those costs to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct.
(7) In the application of this section to Scotland, subsections (2) to (6) shall be omitted.
(8) In the application of this section to Northern Ireland, the reference to the Prosecution of Offences Act 1979 does not apply.
(1) The authority having for the time being power to make rules of court for the Senior Courts may make rules for the purposes of Part II and this Part of this Act.
(2) In relation to the power conferred by subsection (1) above to make rules—
(a) that power shall be exercisable by statutory instrument, and be treated for the purposes of the Statutory Instruments Act 1946 as if conferred on a Minister of the Crown; and
(b) a statutory instrument containing rules under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) This section does not apply to Scotland, but the Court of Session has power to make acts of sederunt for the purposes of Part II and this Part.
(4) This section does not apply to Northern Ireland.
(1) The rules of the Senior Courts with respect to costs to be allowed in actions, causes and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other proceedings under Part II or this Part of this Act, and the taxing officer shall not allow any costs higher than would be allowed in any action, cause or matter in the High Court on a common fund basis.
(2) Where any costs or other sums are, under the order of an election court or otherwise under this Part, to be paid by any person, those costs or sums shall be due from that person to the person or persons to whom they are to be paid and, if payable to the Treasury, shall be a debt due to Her Majesty and in either case may be recovered accordingly.
(3) The above provisions of this section do not apply to Scotland, but those costs shall, subject to any regulations which the Court of Session may make by act of sederunt, be taxed as nearly as possible according to the same principles as expenses between solicitor and client are taxed in a cause in the Court of Session, or, when incurred in relation to an election of councillors, the sheriff court.
(1) Any notice, legal process or other document required to be served on any person with reference to any proceeding respecting an election for the purpose of causing him to appear before the High Court, the county court, or any election court, or otherwise or of giving him an opportunity of making a statement, or showing cause, or being heard by himself before any court for any purpose of this Part of this Act may be served—
(a) by delivering it to that person, or by leaving it at, or sending it by post by a registered letter or by the recorded delivery service, to his last known place of abode in the constituency or, as the case may be, the area of the authority for which the election was held; or
(b) if the proceeding is before any court in such other manner as the court may direct.
(2) In proving service by post under this section it shall be sufficient to prove that the letter was prepaid, properly addressed, and registered or recorded with the postal operator (within the meaning of Part 3 of the Postal Services Act 2011) concerned.
In this Part of this Act, unless the context otherwise requires—
“appropriate officer” has the same meaning as in section 67(7) above;
“candidate” has the same meaning as in Part II of this Act and the saving in section 117(1) above applies in relation to this Part as in relation to Part II;
“costs” includes charges and expenses;
“date of the allowance of an authorised excuse” has the meaning assigned to it by section 86(8) above or paragraph 7 of Schedule 4 to this Act, as the case may be;
“declaration as to election expenses” means a declaration made under section 82 above or, as the case may be, paragraph 3 of Schedule 4 to this Act;
“elective office” means any office to which a local government election is held in England or Wales;
“judicial office” includes the office of justice of the peace;
“Licensing Acts” means the Licensing (Scotland) Act 1976 and the Licensing (Northern Ireland) Order 1996 (as that Act or Order may from time to time have effect);
“money” and “pecuniary reward” shall be deemed to include—
any office, place or employment, and
any valuable security or other equivalent of money, and
any valuable consideration,
and expressions referring to money shall be construed accordingly;
“payment” includes any pecuniary or other reward;
“prescribed” means prescribed by rules of court, or, in Northern Ireland, such rules under section 55 of the Judicature (Northern Ireland Act 1978;
“public office” in relation to Scotland means any office held in Scotland—
under the Crown, or
under the charter of a city or borough, or
under the Acts relating to local government or public health or public education,
whether the office is that—
of mayor, provost, chief magistrate, chairman, alderman, councillor, member of a board, commission or other local authority in any local government or other area; or
of proper officer or other officer under a council, board, commission or other authority; or
of any other office to which a person is elected or appointed under any such charter or enactment as is mentioned above, including any other municipal or parochial office;
“return as to election expenses” means a return made under section 81 above or, as the case maybe, paragraph 3 of Schedule 4 to this Act;
“Speaker” includes Deputy Speaker and, where the office of Speaker is vacant, Clerk of the House of Commons, or any other officer for the time being performing the duties of Clerk of the House of Commons.
187 Application of Act to certain local elections.
(1) The following provisions of this Act—
(a) in Part I, sections . . . , 60 , 62A and 66,
(b) Parts II and III,
(c) in this Part, section 189,
so far as they apply to an election in England and Wales of—
(i) . . . , parish or community councillors, or
(ii) the chairman of a . . . , parish or community council or parish meeting,
have effect subject to such adaptations, modifications and exceptions as may be made by rules under section 36 or section 36A above, but nothing in this subsection affects the operation of section 96 or section 100 above.
(2) Sections 48 (1) and (2) and 63 above have effect as if any reference in them to a local government election included a reference to any other election under the local government Act or the Local Government (Scotland) Act 1973.
188 Parts II and III as to local elections in Scotland.
Except in the phrase “election to any public office” wherever it is used, references in Parts II and III and section 189 of this Act to elections or to elections under the local government Act do not include references to elections under the Local Government etc. (Scotland) Act 1994 other than elections of councillors.
(1) If a person—
(a) votes, or induces or procures any person to vote, at an election under the local government Act which is not a local government election,
(b) knowing that he or that person is prohibited by any enactment from voting at that election,
he shall be guilty of an illegal practice.
(2) A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed without his knowledge or consent.
(1) For the purposes of—
(a) sections . . . , 60 , 61 and 62A in Part I of this Act,
(b) the whole of Part II of this Act except sections 96 and 99,
(c) the whole of Part III of this Act,
(d) section 189 above and sections 193 to 198 below, and
(e) the whole of Part V of this Act,
“local government election” and “election under the local government Act” include a municipal election in the City (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, alderman and liverymen in common hall),
“corporate office” includes each of those offices,
“local government area” includes the City,
“clerk of the authority” means in relation to the City, the town clerk of the City,
“electoral area” means in relation to a ward election, the ward, and in relation to any other municipal election in the City, the City.
In relation to municipal elections in the City those enactments have effect subject to the modifications mentioned in sections 193 to 196 below.
(2) Schedule 6 to this Act has effect as regards the operation of Part II (ward elections) of the City of London (Various Powers) Act 1957 and the City of London (Ward Elections) Act 2002.
In relation to municipal elections in the City—
(a) in sections 60 , 61 and 62A above “vote” does not include voting otherwise than on a poll; and
(b) in section 61(2), paragraph (a)(ii) does not apply.
In relation to municipal elections in the City—
(a) neither section 92 nor section 93 above apply by virtue of section 191 above to municipal elections in the City other than ward elections; and
(b) for the purposes of section 93(1) a ward election shall be deemed to be pending during the period beginning—
(i) in the case of an annual election three weeks before the day fixed for the election, and
(ii) in other cases with the day on which the precept is issued.
and ending in all cases with the day of the poll (or, if no poll is taken, with the day fixed for the election).
In relation to municipal elections in the City—
(a) in section 97 above the reference to the day of election shall be taken as a reference to the day fixed for the election and (where a poll is taken) any day after that up to and including the day of the poll; but
(b) in relation to a meeting held with reference to an election other than an annual election that section does not apply to an offence committed on or before the day on which the precept is issued.
In relation to municipal elections in the City, any costs or expenses directed to be paid under section 132 . . . above by the authority for which the election was held shall—
(a) if incurred in respect of a ward election, be paid out of the general rate; and
(b) in any other case, be paid by the chamberlain of the City out of the City’s cash.
197 Candidate’s expenses: ward, and liverymen in common hall, elections.
(1) For a candidate at a ward election in the City the maximum amount of election expenses is £460 together with an additional 9p for every elector (taken according to the enumeration of the ward list to be used at the election); but the provision made by section 76(6) above for increasing the maximum amount of election expenses in the event of a candidate’s death applies to the maximum amount under this subsection.
(2) A candidate at an election by liverymen in common hall need not have an election agent, his maximum amount of election expenses is 49p for every elector on the common hall register to be used at the election, and section 90 above and Schedule 4 to this Act apply at such an election as they apply to an election of parish councillors, but the form of declaration as to election expenses shall be such as may be prescribed by Act of Common Council and in this subsection “common hall register” means the list prepared under section 4 of the City of London Ballot Act 1887.
(3) The Secretary of State may by order vary a maximum amount of the candidate’s election expenses specified in subsection (1) or subsection (2) above where in his opinion there has been a change in the value of money since the last occasion on which that amount was fixed (whether by such an order or otherwise), and the variation shall be such as in his opinion is justified by that change.
The power to make an order under this subsection is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
198 Effect of avoidance of election to corporate office.
In relation to the City, where a candidate who has been elected to a corporate office is—
(a) by a certificate of an election court, or
(b) by a decision of the High Court,
declared not to have been duly elected, acts done by him in execution of the office before the time when the certificate or decision is certified to the clerk of the authority for which the election was held shall not be invalidated by reason of that declaration.