The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023
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Change 1
8 Amendment of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016
(1) The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 are amended as follows. (2) In regulation 117 (interpretation), after paragraph (b) insert— (ba) regulation 123A (influencing persons signing a petition), . (3) After regulation 123 (requirement of secrecy) insert— Influencing persons signing a petition 123A (1) A person who— (a) is with or near a person at a petition signing place when that other person has received a signing sheet, and (b) intends to influence that other person to sign that petition or to refrain from signing that petition, commits an offence. (2) For the purposes of this regulation, endorsement of a person’s signing sheet, in accordance with regulation 29, is not influencing that person to sign that petition or to refrain from signing that petition. (3) A person who commits an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine or to both. . (4) For regulation 136 substitute— Undue influence 136 (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 paragraph (4) for the purpose of— (a) inducing or compelling a person to sign a petition or to refrain from signing a petition, or (b) otherwise impeding or preventing the free exercise of the entitlement to sign a petition of an elector or 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 sub-paragraphs (a) to (f) of paragraph (4) on account of— (a) a person having signed a petition or having refrained from signing a petition, or (b) P assuming a person to have signed a petition or to have refrained from signing a petition. (4) The following activities fall within this paragraph— (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 a petition. (5) For the purposes of paragraphs (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 paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly). .
8 Amendment of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016
(1) The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 are amended as follows. (2) In regulation 117 (interpretation), after paragraph (b) insert— (ba) regulation 123A (influencing persons signing a petition), . (3) After regulation 123 (requirement of secrecy) insert— Influencing persons signing a petition 123A (1) A person who— (a) is with or near a person at a petition signing place when that other person has received a signing sheet, and (b) intends to influence that other person to sign that petition or to refrain from signing that petition, commits an offence. (2) For the purposes of this regulation, endorsement of a person’s signing sheet, in accordance with regulation 29, is not influencing that person to sign that petition or to refrain from signing that petition. (3) A person who commits an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine or to both. . (4) For regulation 136 substitute— Undue influence 136 (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 paragraph (4) for the purpose of— (a) inducing or compelling a person to sign a petition or to refrain from signing a petition, or (b) otherwise impeding or preventing the free exercise of the entitlement to sign a petition of an elector or 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 sub-paragraphs (a) to (f) of paragraph (4) on account of— (a) a person having signed a petition or having refrained from signing a petition, or (b) P assuming a person to have signed a petition or to have refrained from signing a petition. (4) The following activities fall within this paragraph— (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 a petition. (5) For the purposes of paragraphs (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 paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly). .
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