91 Candidate’s right to send election address post free.
(1) A candidate at a parliamentary election is, subject to such reasonable terms and conditions as the universal postal service provider concerned may specify, entitled to send free of any charge for postage which would otherwise be made by a universal postal service provider either—
(a) one unaddressed postal communication, containing matter relating to the election only and not exceeding 60 grammes in weight, to each place in the constituency which, in accordance with those terms and conditions, constitutes a delivery point for the purposes of this subsection; or
(b) one such postal communication addressed to each elector.
(2) He is also, subject as mentioned above, entitled to send free of any such charge for postage as mentioned above to each person entered in the list of proxies for the election one such communication as mentioned above for each appointment in respect of which that person is so entered.
(2A) The candidate may require the returning officer to make arrangements with the universal postal service provider for communications under subsection (1)(b) to be sent to persons who have anonymous entries in the register.
(2B) Arrangements under subsection (2A) shall be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.
(3) A person shall not be deemed to be a candidate for the purposes of this section unless he is shown as standing nominated in the statement of persons nominated, but until the publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by the universal postal service provider concerned for the payment of postage should he not be shown as standing nominated as mentioned above.
(4) For the purposes of this section “elector”—
(a) means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and
(b) includes a person then shown in that register (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) as below voting age if (but only if) it appears from the register (or from the record) that he will be of voting age on the day fixed for the poll.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with:—
(a) the British Broadcasting Corporation;
(b) Sianel Pedwar Cymru; or
(c) the holder of any licence granted by the Office of Communications,
for the reception and re-transmission of that matter by that body or the holder of that licence or in pursuance of arrangements made with—
(i) the Independent Television Commission or the Radio Authority, or
(ii) any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,
for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.
(2) An offence under this section shall be an illegal practice, but the court before whom a person is convicted of an offence under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below.
(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—
(a) that the act or omission took place without his consent or connivance; and
(b) that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
93 Broadcasting of local items during election period.
(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.
(2) The code for the time being adopted by a broadcasting authority under this section shall be either—
(a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
(b) a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
(3) Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
(4) The Office of Communications shall do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
(5) For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning—
(a) (if a parliamentary general election) with the date of the dissolution of Parliament ... ,
(b) (if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the Recess Elections Act 1975, or
(c) (if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.
(6) In this section—
“broadcasting authority” means the British Broadcasting Corporation, the Office of Communications or Sianel Pedwar Cymru;
“candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
“relevant services”—
in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996 or services that are Tier 1 services within the meaning given by section 368HA of the Communications Act 2003.
No person shall for the purpose of promoting or procuring the election of any candidate at a parliamentary election or a local government election to which this section applies issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and subsections (2) and (3) of section 92 above apply as if an offence under this section were an offence under that section.
(2) This section applies to any local government election in relation to which rules made under section 36 or section 36A or, in Scotland, section 42 above require an official poll card to be sent to electors in a form prescribed by the rules.
95 Schools and rooms for parliamentary election meetings.
(1) Subject to the provisions of this section, a candidate at a parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use free of charge of reasonable times between the receipt of the writ and the day preceding the date of the poll of—
(a) a suitable room in the premises of a school to which this section applies;
(b) any meeting room to which this section applies.
(1A) For the purposes of subsection (1), the writ is to be taken to have been received—
(a) in the case of a general election, on the day after the date of the dissolution of Parliament, and
(b) in the case of a by-election, on the day after the date of the warrant for the writ.
(2) This section applies—
(a) in England and Wales, to community, foundation and voluntary schools of which the premises are situated in the constituency or an adjoining constituency, and
(b) in Scotland, to any school of which the premises are so situated, not being an independent school within the meaning of the Education (Scotland) Act 1980.
but a candidate is not entitled under this section to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this section applies.
(3) This section applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.
(4) Where a room is used for a meeting in pursuance of the rights conferred by this section, the person by whom or on whose behalf the meeting is convened—
(a) shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and
(b) shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.
(5) A candidate is not entitled to exercise the rights conferred by this section except on reasonable notice; and this section does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.
(6) The provisions of Schedule 5 to this Act have effect with respect to the rights conferred by this section and the arrangements to be made for their exercise.
(7) For the purposes of this section (except those of paragraph (b) of subsection (4) above), the premises of a school shall not be taken to include any private dwelling . . ., and in this section—
(a) the expression “meeting room” means any room which it is the practice to let for public meetings; and
(b) the expression “room” includes a hall, gallery or gymnasium.
(8) This section does not apply to Northern Ireland.
(1) Subject to the provisions of this section, a candidate at a local government election is entitled for the purpose of holding public meetings to promote or procure the giving of votes at that election—
(i) for himself, or
(ii) if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,
to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with rules made under section 36 or section 36A or, in Scotland, section 42 above and the day preceding the day of election of—
(a) a suitable room in the premises of a school to which this section applies; or
(b) a meeting room to which this section applies.
(2) This section applies—
(a) in England and Wales, to a community, foundation or voluntary school situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area) or in a parish or community, as the case may be, in part comprised in that electoral area; and
(b) in Scotland, to any school (not being an independent school within the meaning of the Education (Scotland) Act 1980) situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area).
(3) This section applies—
(a) in England and Wales, to any meeting room situated in the electoral area for which the candidate is standing or in a parish or community, as the case may be, in part comprised in that electoral area, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable;
(b) in Scotland, to any meeting room the expense of maintaining which is payable by a local authority.
(4) Subsections (4), (5) and (7) of section 95 above and paragraph 1(1) of Schedule 5 to this Act shall apply for the purposes of this section as they apply for the purposes of that section, and any person stating himself to be, or to be authorised by, a candidate at a local government election in respect of an electoral area which falls (or partly falls) within a constituency, or his election agent, shall be entitled to inspect the lists prepared under Schedule 5 to this Act in relation to the constituency or a copy of them at all reasonable hours during the period beginning with the day on which notice of the election is published and ending with the day preceding the day of election.
(1) A person who at a lawful public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.
(2) This section applies to—
(a) a political meeting held in any constituency between the date of the issue of a writ for the return of a member of Parliament for the constituency and the date at which a return to the writ is made;
(b) a meeting held with reference to a local government election in the electoral area for that election in the period beginning with the last date on which notice of the election may be published in accordance with rules made under section 36 or section 36A or, in Scotland, section 42 above and ending with, the day of election.
(3) If a constable reasonably suspects any person of committing an offence under subsection (1) above, he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, and—
(a) if he refuses or fails so to declare his name and address or
(b) if the constable reasonably suspects him of giving a false name and address,
the constable may without warrant arrest him.
This subsection does not apply in Northern Ireland.
The use of any premises for the holding of public meetings in furtherance of any person’s candidature at a parliamentary or local government election does not render any person liable to be rated or to pay any rate for the premises.
(1) If
(a) any returning officer at a parliamentary or local government election, or
(b) any officer or clerk appointed under the parliamentary elections rules, or the rules under section 36 , section 36A or section 42 above, as the case may be, or
(c) any partner or clerk of any such person,
acts as a candidate’s agent in the conduct or management of the election, he shall be guilty of an offence, but nothing in this subsection prevents a candidate from acting as his own election agent.
(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) No member of a police force shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy—
(a) at any parliamentary election for a constituency, or
(b) at any local government election for any electoral area,
wholly or partly within the police area.
(2) A person acting in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, but nothing in that subsection shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.
(3) In this section references to a member of a police force and to a police area are to be taken in relation to Northern Ireland as references to a member of the Royal Ulster Constabulary and to Northern Ireland.
(1) A person who, or any director of any body or association corporate which—
(a) before or during an election,
(b) for the purpose of affecting the return of any candidate at the election,
makes or publishes any false statement of fact in relation to the candidate’s personal character or conduct shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, that statement to be true.
(2) A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed by his agent other than his election agent unless—
(a) it can be shown that the candidate or his election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or
(b) an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.
(3) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or the county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement shall be sufficient.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any person who, before or during an election, knowingly publishes a false statement of a candidate’s withdrawal at the election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice.
(6) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under subsection (5) above committed by his agent other than his election agent.
(7) In the application of this section to an election where a candidate is not required to have an election agent, references to an election agent shall be omitted and the reference in subsection (6) above to an illegal practice committed by an agent of the candidate shall be taken as a reference to an illegal practice committed without the candidate’s knowledge and consent.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.
(1) No payment or contract for payment shall for the purpose of promoting or procuring the election of a candidate at an election be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—
(a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and
(b) the payment or contract is made in the ordinary course of that business.
(2) If any payment or contract for payment is knowingly made in contravention of this section either before, during or after an election—
(a) the person making the payment or contract, and
(b) if he knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract,
shall be guilty of an illegal practice.
(1) This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (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 shall 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 behalf of whom 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 either on 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 either on 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 Secretary of State may, after consulting the Electoral Commission, 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 behalf of whom 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 must 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) Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (11) and (12) 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.
(10) 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 (11) and (12) 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.
(11) 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.
(12) Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (9) or (10) above, he shall instead be guilty of an illegal practice.
(13) 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.
(14) 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.
110A Scottish local government elections: details to appear on election publications
(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.
If a person is, either before, during or after an election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a candidate’s election—
(a) the person so engaging or employing him, and
(b) the person so engaged or employed,
shall be guilty of illegal employment.
Where a person knowingly provides money—
(a) for any payment which is contrary to the provisions of this Act, or
(b) for any expenses incurred in excess of the maximum amount allowed by this Act, or
(c) for replacing any money expended in any such payment or expenses,
except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section 167 below to be an exception, that person shall be guilty of an illegal payment.
112A Handling of postal voting documents by political campaigners
(1) A person who is a political campaigner in respect of a relevant election commits an offence if the person handles a postal voting document that has been issued to another person for use in that election.
(2) But a person who handles a postal voting document for use in a relevant election does not commit the offence if—
(a) the person is responsible for, or assists with, the conduct of that election (for example as a returning officer or a person working under the direction of a returning officer),
(b) the person is engaged in the business of a postal operator, or
(c) the person is employed or engaged in a role the duties of which include the handling of postal packets on behalf of members of an organisation or the occupants of a communal building,
and the handling is consistent with the person’s duties in that capacity.
(3) Nor does a person commit the offence if the person—
(a) is the other person’s spouse, civil partner, parent, grandparent, brother, sister, child or grandchild, or
(b) provides regular care for, or is employed or engaged by an organisation which provides care for, the other person.
(4) It is a defence for a person charged with the offence to show that the person did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at a relevant election.
(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6) A person is guilty of a corrupt practice if the person—
(a) commits the offence under subsection (1), or
(b) aids, abets, counsels or procures the commission of that offence.
(7) For the purposes of this section a person is a political campaigner in respect of a relevant election if any of the following paragraphs applies—
(a) the person is a candidate at the election;
(b) the person is an election agent of a candidate at the election;
(c) the person is a sub-agent of a person within paragraph (b);
(d) the person is employed or engaged by a person who is a candidate at the election for the purposes of that person’s activities as a candidate;
(e) the person is a member of a registered political party and carries on an activity designed to promote a particular outcome at the election;
(f) the person is employed or engaged by a registered political party in connection with the party’s political activities;
(g) the person is employed or engaged by a person within any of paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election;
(h) the person is employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the election.
(8) In this section—
“postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27(3) to (5) of that Act);
“postal voting document” means a postal ballot paper, postal voting statement, declaration of identity or envelope that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election;
“relevant election” means—
a parliamentary election, or
a local government election in England.
(9) For the purposes of this section, an envelope—
(a) that is not a postal voting document, but
(b) that contains a postal ballot paper, postal voting statement or declaration of identity that has been issued to a person for the purpose of enabling the person to vote by post at a relevant election,
is to be treated as if it were a postal voting document that has been issued to the person for use in the election.
(10) In this section, any reference to a person who is “engaged” by another person, or to a person who provides care for another person, includes a reference to a person who is engaged or provides care otherwise than for payment or promise of payment.
(11) For the purposes of subsection (3)(a), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.
(1) A person shall be guilty of a corrupt practice if he is guilty of bribery.
(2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf—
(a) gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting, or
(b) corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting, or
(c) makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any voter,
or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure the return of any person at an election or the vote of any voter.
For the purposes of this subsection—
(i) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and
(ii) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment and
(iii) references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election
(3) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at any election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.
(4) The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid or on account of any legal expenses incurred in good faith at or concerning an election.
(5) A voter shall be guilty of bribery if before or during an election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.
(6) A person shall be guilty of bribery if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
(7) In this section the expression “voter” includes any person who has or claims to have a right to vote.
(1) A person shall be guilty of a corrupt practice if he is guilty of treating.
(2) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—
(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
(b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
(3) Every elector or his proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.
(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.
(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of—
(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or
(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.
(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of subsection (4) on account of—
(a) a person having voted in a particular way or refrained from voting, or
(b) P assuming a person to have voted in a particular way or to have refrained from voting.
(4) The following activities fall within this subsection—
(a) using or threatening to use violence against a person;
(b) damaging or destroying, or threatening to damage or destroy, a person’s property;
(c) damaging or threatening to damage a person’s reputation;
(d) causing or threatening to cause financial loss to a person;
(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;
(f) doing any other act designed to intimidate a person;
(g) doing any act designed to deceive a person in relation to the administration of an election.
(5) For the purposes of subsections (2) and (3) an activity is carried out by a person (“P”) if it is carried out—
(a) by P,
(b) by P jointly with one or more other persons, or
(c) by one or more other persons on behalf of P and with P’s authority or consent.
(6) In subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).
(7) This section does not have effect in relation to an election in Scotland ... under the local government Act.
115 Undue influence : local government elections in Scotland ....
(1) A person shall be guilty of a corrupt practice if he is guilty of undue influence in relation to an election in Scotland ... under the local government Act.
(2) A person shall be guilty of undue influence in relation to an election in Scotland ... under the local government Act—
(a) if he, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or
(b) if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents , or intends to impede or prevent, the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon , or intends so to compel, induce or prevail upon, an elector or proxy for an elector either to vote or to refrain from voting.
The provisions of this Part of this Act prohibiting—
(a) payments and contracts for payments,
(b) the payment or incurring of election expenses in excess of the maximum amount allowed by this Act, or
(c) the incurring of expenses not authorised by the election agent,
do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Act.
(1) Where a person has been declared by others to be a candidate at a parliamentary election without his consent, nothing in this Part of this Act shall be construed to impose any liability on that person, unless he has afterwards given his assent to the declaration or has been nominated.
(2) Nothing in this Part makes it illegal for an employer to permit parliamentary electors or their proxies to absent themselves from his employment for a reasonable time for the purpose of voting at the poll at a parliamentary election without having any deduction from their salaries or wages on account of their absence, if the permission—
(a) is (so far as practicable without injury to the employer’s business) given equally to all persons alike who are at the time in his employment, and
(b) is not given with a view to inducing any person to record his vote for any particular candidate at the election, and
(c) is not refused to any person for the purpose of preventing him from recording his vote for any particular candidate at the election,
but this subsection shall not be construed as making illegal any act which would not be illegal apart from this subsection.
In this Part of this Act, unless the context otherwise requires—
“appropriate officer” has the meaning given by section 67(7) above;
“candidate” shall be construed in accordance with section 118A below;
“committee room” does not include any house or room occupied by a candidate as a dwelling, by reason only of the candidate transactingbusiness there with his agents in relation to the election, and no room or building shall be deemed to be a committee room by reason only of the candidate or any agent of the candidate addressing in it electors, committee members or others;
“date of the allowance of an authorised excuse” has the meaning given 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;
“disputed claim” has the meaning given by section 79(1) above as extended by section 80 above;
“election expenses”, in relation to an election, shall be construed in accordance with sections 90ZA to 90D above;
“money” and “pecuniary reward” shall (except in sections 71A, 113 and 114 above and Schedule 2A to this Act) 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;
“personal expenses” as used with respect to the expenditure of any candidate in relation to any election includes the reasonable travelling expenses of the candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election;
“return as to election expenses” means a return (including the bills and receipts to be delivered with it) to be made under section 81(1) above, or, as the case may be, paragraph 3 of Schedule 4 to this Act.
(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.
(1) Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part of this Act is any of the days mentioned in subsection (2) below—
(a) the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and
(b) in computing any period of not more than 7 days for the purposes of this Part any of the days so mentioned shall be disregarded.
(2) The days referred to in subsection (1) above are Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, a bank holiday or a day appointed for public thanksgiving or mourning (but, in relation to a parliamentary general election, excluding any day to which rule 2 of the parliamentary elections rules does not apply by virtue of rule 2(2A)).
(3) In this section “bank holiday”, in relation to any election, means a day which is a bank holiday in the part of the United Kingdom in which the constituency or, as the case may be, electoral area is situated.
(1) No parliamentary election and no return to Parliament shall be questioned except by a petition complaining of an undue election or undue return (“a parliamentary election petition”) presented in accordance with this Part of this Act.
(2) A petition complaining of no return shall be deemed to be a parliamentary election petition and the High Court—
(a) may make such order on the petition as they think expedient for compelling a return to be made; or
(b) may allow the petition to be heard by an election court as provided with respect to ordinary election petitions.
121 Presentation and service of parliamentary election petition.
(1) A Parliamentary election petition may be presented by one or more of the following persons—
(a) a person who voted as an elector at the election or who had a right so to vote; or
(b) a person claiming to have had a right to be elected or returned at the election ; or
(c) a person alleging himself to have been a candidate at the election.
(1A) The reference in subsection (1)(a) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors.
(2) The member whose election or return is complained of is hereinafter referred to as the respondent, but if the petition complains of the conduct of a returning officer, the returning officer shall for the purposes of this Part of this Act be deemed to be a respondent.
(3) The petition shall be in the prescribed form, state the prescribed matters and be signed by the petitioner, or all the petitioners if more than one, and shall be presented to the High Court, or to the Court of Session, or to the High Court of Northern Ireland, depending on whether the constituency to which it relates is in England and Wales, or Scotland or Northern Ireland.
(4) The petition shall be presented by delivering it to the prescribed officer or otherwise dealing with it in the prescribed manner; and the prescribed officer shall send a copy of it to the returning officer of the constituency to which the petition relates, who shall forthwith publish it in that constituency.
(5) The petition shall be served in such manner as may be prescribed.
122 Time for presentation or amendment of parliamentary election petition.
(1) Subject to the provisions of this section, a parliamentary election petition shall be presented within 21 days after the return has been made to the Clerk of the Crown, or to the Clerk of the Crown for Northern Ireland, as the case may be, of the member to whose election the petition relates.
(2) If the petition questions the election or return upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by the member or on his account or with his privity since the time of that return in pursuance or in furtherance of the alleged corrupt practice, it may be presented within 28 days after the date of the payment.
(3) A petition questioning the election or return upon an allegation of an illegal practice may, so far as respects that illegal practice, be presented—
(a) within 21 days after the day specified in subsection (4) below; or
(b) if specifically alleging a payment of money or some other act to have been made or done since the day so specified by the member to whose election the petition relates or an agent of his, or with the privity of that member or his election agent, in pursuance or in furtherance of the alleged illegal practice, within 28 days after the date of the payment or other act.
(4) The day referred to in subsection (3) above is the tenth day after the end of the time allowed for delivering to the returning officer returns as to election expenses at the election or, if later—
(a) that on which the returning officer receives the return and declarations as to election expenses by that member and his election agent; or
(b) where the return and declarations are received on different days, the last of those days; or
(c) where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the excuse, or if there was a failure as regards two or more of them, and the excuse was allowed at different times, the date of the allowance of the last excuse.
(5) An election petition presented within the time limited by subsection (1) or subsection (2) above may, for the purpose of questioning the election or return upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition questioning the election upon the allegation of that illegal practice could be presented under subsection (3).
(6) Subsections (3), (4) and (5) above apply—
(a) notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice; and
(b) to a corrupt practice under section 75 above, as if it were an illegal practice.
(7) For the purposes of this section, an allegation that an election is avoided under section 164 below shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
123 Constitution of election court and place of trial.
(1) A parliamentary election petition shall be tried by—
(a) two judges on the rota for the trial of parliamentary election petitions, and the judges for the time being on that rota shall, unless they otherwise agree, try the election petitions standing for trial according to their seniority,
(b) in Northern Ireland, the two judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
and the judges presiding at the trial of a parliamentary election petition are hereinafter referred to as the election court.
(2) The election court has, subject to the provisions of this Act, the same powers, jurisdiction and authority as a judge of the High Court (or, in Scotland, a judge of the Court of Session presiding at the trial of a civil cause without a jury) and shall be a court of record.
(3) The place of trial shall be within the constituency for which the election was held, but—
(a) the High Court may, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial; and
(b) if that constituency is wholly or partly in Greater London, the petition may be heard at such place within Greater London as the High Court may appoint.
(4) The election court may adjourn the trial from one place to another within the constituency.
124 Judges’ expenses and reception: England and Wales and Northern Ireland.
In relation to the trial of a parliamentary election petition—
(a) in England and Wales and Northern Ireland, the travelling and other expenses of the judges and all expenses properly incurred in . . . providing them with necessary accommodation and with a proper court shall be defrayed by the Treasury out of moneys provided by Parliament;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to the trial of a parliamentary election petition in Scotland—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the travelling and other expenses of the judges, and of the officer or officers in attendance on them, and all expenses properly incurred in providing the judges with a proper court shall be defrayed by the Treasury out of moneys provided by Parliament
126 Attendance of House of Commons shorthand writer.
(1) The shorthand writer of the House of Commons or his deputy shall attend the trial and shall be sworn by one of the judges of the election court faithfully and truly to take down the evidence given at the trial and from time to time as occasion requires to transcribe that evidence or cause it to be transcribed.
(2) The shorthand writer shall take down the evidence and from time to time transcribe it or cause it to be transcribed and a copy of the evidence shall accompany the certificate given by the election court to the Speaker.
(3) In Scotland . . . the expenses of the shorthand writer shall be deemed to be part of the expenses incurred under section 125 above.