Representation of the People Act 1983

• (7) Subsection (6) above does not apply to Scotland, and in Scotland one of the deputes of the Lord Advocate or the procurator fiscal of the district may, if the Lord Advocate so decides, and shall, if the election court so requests attend the trial of the petition as part of his official duty . . ..

Duty to answer relevant questions

141

• (1) A person called as a witness respecting an election before any election court shall not be excused from answering any question relating to any offence at or connected with the election—

• (a) on the ground that the answer to it may incriminate or tend to incriminate—

• (i) that person or that person’s spouse or civil partner, , or

• (ii) in Scotland, that person; or

• (b) on the ground of privilege.

• (2) An answer by a person to a question put by or before any election court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against—

• (a) that person or that person’s spouse or civil partner, ; or

• (b) in Scotland, that person.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate of indemnity

142

Expenses of witnesses

143

• (1) The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition, according to the scale allowed to witnesses on the trial of civil actions, may be allowed to him by a certificate of the election court or of the prescribed officer.

• (2) If the witness was called and examined by virtue of section 140(2) above, the expenses referred to in subsection (1) above shall be deemed part of the expenses of providing a court, but otherwise they shall be deemed costs of the petition.

This subsection does not apply to Scotland in relation to an election of councillors.

Conclusion of trial of parliamentary election petition

144

• (1) At the conclusion of the trial of a parliamentary election petition, the election court shall determine whether the member whose election or return is complained of, or any and what other person, was duly returned or elected or whether the election was void, and the determination so certified shall be final to all intents as to the matters at issue on the petition.

• (2) The election court shall forthwith certify in writing the determination to the Speaker.

• (3) If the judges constituting the election court—

• (a) differ as to whether the member whose election or return is complained of was duly elected or returned, they shall certify that difference and the member shall be deemed to be duly elected or returned;

• (b) determine that the member was not duly elected or returned but differ as to the rest of the determination, they shall certify that difference and the election shall be deemed to be void.

• (4) Where any charge is made in the petition of any corrupt or illegal practice having been committed at the election the court shall, in addition to giving a certificate, and at the same time, make a report to the Speaker as required by sections 158 and 160 below and also stating whether corrupt or illegal practices have, or whether there is reason to believe that corrupt or illegal practices have, extensively prevailed at the election.

• (5) The election court may at the same time make a special report to the Speaker as to matters arising in the course of the trial an account of which in the judgment of the court ought to be submitted to the House of Commons.

• (6) Every report sent to the Speaker under this section shall be signed by both judges of the election court and if the judges differ as to the subject of the report, they shall certify that difference and make no report on the subject on which they so differ.

• (7) The House of Commons, on being informed by the Speaker of a certificate and any report of an election court, shall order the certificate and report (if any) to be entered in their journals and shall give the necessary direction—

• (a) for confirming or altering the return, or

• (b) for issuing a writ for a new election, or

• (c) for carrying the determination into execution as the circumstances may require,

and where the court make a special report, the House of Commons may make such order in respect of that report as they think proper.

Conclusion of trial of local election petition

145

• (1) At the conclusion of the trial of a petition questioning an election under the local government Act, the election court shall determine whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void, and the determination so certified shall be final to all intents as to the matters at issue on the petition.

• (1A) In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from “shall determine” to “void,” there shall be substituted “shall determine whether—

• (a) the person or persons whose return is complained of were duly returned,

• (b) some other person or persons should have been declared to be returned, or

• (c) the election was void, ”.

• (2) The election court shall forthwith certify in writing the determination to the High Court.

• (3) Where a charge is made in the petition of any corrupt or illegal practice having been committed at the election the court shall, in addition to giving a certificate, and at the same time, make a report in writing to the High Court as required by sections 158 and 160 below and also stating whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election in the area of the authority for which the election was held or in any electoral area of that authority’s area.

• (4) The election court may at the same time make a special report to the High Court as to matters arising in the course of the trial an account of which in the judgment of the court ought to be submitted to the High Court.

• (5) A copy of any certificate or report made to the High Court shall be sent by the High Court to the Secretary of State.

• (6) The High Court shall by the signatures of two or more of its judges certify a copy of the certificate mentioned in subsection (5) above to the proper officer of the authority for which the election was held.

• (7) The foregoing provisions of this section, except subsection (1) above, do not apply to Scotland, but where in a petition questioning an election of councillors in Scotland a charge is made of any corrupt or illegal practice having been committed at the election, the court—

• (a) shall determine the matters mentioned in sections 158 and 160 below; and

• (b) shall also determine whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election and whether illegal practices, payments, employments or hirings committed in reference to the election for the purpose of promoting the election of a candidate at the election have or have not so extensively prevailed that they may be reasonably supposed to have affected the result of the election.

Special case for determination of High Court

146

• (1) If, on the application of any party to a petition made in the prescribed manner to the High Court, it appears to the High Court that the case raised by the petition can be conveniently stated as a special case, the High Court may direct it to be stated accordingly and the special case shall be heard before the High Court.

• (2) In the case of a parliamentary election petition, the High Court shall certify to the Speaker its decision on the special case.

• (3) In the case of a petition questioning an election in England and Wales under the local government Act, a statement of the decision on the special case shall be sent by the High Court to the Secretary of State and the High Court shall by the signatures of two or more of its judges also certify that statement to the proper officer of the authority for which the election was held.

• (4) If it appears to the election court on the trial of an election petition that any question of law as to the admissibility of evidence or otherwise requires further consideration by the High Court, the election court may postpone the granting of a certificate until the question has been determined by the High Court, and for this purpose may reserve the question by stating a case for the decision of the High Court.

In the application of this subsection to Northern Ireland the references to the High Court are to the Court of Appeal.

• (5) In Scotland the decision of the Court of Session on a special case under subsection (1) above shall be final and in the case of a petition questioning an election of councillors in Scotland, the application under subsection (1) for a direction for the statement of a case for the Court of Session shall be made to the election court.

Withdrawal of petition

147

• (1) A petitioner shall not withdraw an election petition without the leave of the election court or High Court on special application, made in the prescribed manner and at the prescribed time and place.

In the application of this subsection to a petition questioning an election of councillors in Scotland there shall be omitted the reference to the High Court.

• (2) The application shall not be made until the prescribed notice of the intention to make it has been given in the constituency or local government area to which the petition relates.

• (3) Where there are more petitioners than one, the application shall not be made except with the consent of all the petitioners.

• (4) If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent.

Evidence required for withdrawal of petition

148

• (1) Before leave for the withdrawal of an election petition is granted, there shall be produced affidavits—

• (a) by all the parties to the petition and their solicitors, and

• (b) if the election was an election at which candidates are required to have election agents, by the election agents of all of those parties who were candidates at the election.

but the High Court may on cause shown dispense with the affidavit of any particular person if it seems to the court on special grounds just so to do.

In the application of this subsection to an election of councillors in Scotland, the reference to the High Court is to an election court, but, if the election was a local government election, the sheriff may act instead of the election court.

• (2) Each affidavit shall state that, to the best of the deponent’s knowledge and belief—

• (a) no agreement or terms of any kind whatsoever has or have been made, and

• (b) no undertaking has been entered into, in relation to the withdrawal of the petition,

but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.

• (3) The affidavits of the applicant and his solicitor shall further state the ground on which the petition is sought to be withdrawn.

• (4) Copies of those affidavits shall be delivered to the Director of Public Prosecutions a reasonable time before the application for the withdrawal is heard, and the court—

• (a) may hear the Director of Public Prosecutions or his assistant or other representative . . . in opposition to the allowance of the withdrawal of the petition; and

• (b) shall have power to receive the evidence on oath of any person or persons whose evidence the Director of Public Prosecutions or his assistant, or other representative, may consider material.

In the application of this subsection to an election of councillors in Scotland the references to the Director of Public Prosecutions include references to the procuratorfiscal.

• (5) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.

• (6) Except in Scotland, the jurisdiction vested by subsection (1) above in the High Court in matters relating to parliamentary elections shall, subject to rules of court, be exercised—

• (a) by one of the judges for the time being on the rota for the trial of parliamentary election petitions,

• (b) in Northern Ireland, by one of the 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,

sitting either in court or at chambers, or may be exercised by a master of the Supreme Court in manner directed by and subject to appeal to those judges.

Penalty for corrupt withdrawal and breach of s. 148

149

If a person makes any agreement or terms, or enters into any undertaking, in relation to the withdrawal of an election petition, and such agreement, terms or undertaking—

• (a) is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat or office should at any time be vacated, or in consideration of the withdrawal of any other election petition, or

• (b) is or are (whether lawful or unlawful) not mentioned in the affidavits referred to in section 148 above,

he shall be liable—

• (i) on conviction on indictment, to imprisonment for a term not exceeding one year, or to a fine, or to both;

• (ii) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

Substitution of new petitioner

150

• (1) On the hearing of the application for leave to withdraw, any person who might have been a petitioner in respect of the election may apply to the court to be substituted as a petitioner, and the court may, if they think fit, substitute him accordingly.

• (2) If the proposed withdrawal is in the opinion of the court the result of any agreement, terms or undertaking prohibited by section 149 above or induced by any corrupt bargain or consideration, the court may by order direct—

• (a) that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and

• (b) that, to the extent of the sum named in the security, the original petitioner and his sureties shall be liable to pay the costs of the substituted petitioner.

• (3) If the court does not so direct, then security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition and within the prescribed time after the order of substitution.

• (4) Subject to the above provisions, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.

Report on withdrawal

151

• (1) In every case of the withdrawal—

• (a) of a parliamentary election petition, the court giving leave for the withdrawal shall make a report to the Speaker as required by subsection (2) below; and

• (b) by leave of the election court, of a petition questioning an election in England and Wales under the local government Act, that court shall make a report in writing to the High Court as so required.

• (2) The report shall state whether in the court’s opinion the withdrawal of the petition was—

• (a) the result of any agreement, terms or undertaking, or

• (b) in consideration of any payment, or in consideration that the seat or office should at any time be vacated or in consideration of the withdrawal of any other election petition or for any other consideration,

and, if so, shall state the circumstances attending the withdrawal.

Abatement of petition

152

• (1) An election petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.

• (2) the abatement shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.

• (3) On the abatement the prescribed notice of it shall be given in the constituency or local government area to which the petition relates; and within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to the election court or High Court in the prescribed manner and in the prescribed time and place to be substituted as a petitioner; and the court may, if it thinks fit, substitute him accordingly.

• (4) Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.

• (5) In the application of this section to an election of councillors in Scotland the reference in subsection (3) above to the High Court shall be omitted, and the sheriff may act instead of the election court.

Withdrawal and substitution of respondents before trial

153

• (1) If before the trial of an election petition a respondent other than a returning officer—

• (a) gives the prescribed notice that he does not intend to oppose the petition or dies, or

• (b) where the petition questions a parliamentary election or return, is summoned to Parliament as a peer by a writ issued under the Great Seal of the United Kingdom or the House of Commons have resolved that his seat is vacant, or

• (c) where the petition questions an election under the local government Act, resigns or otherwise ceases to hold the office to which the petition relates,

notice of any of those matters shall be given in the constituency or local government area to which the petition relates, and, within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to a member of the election court or to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed three.

• (2) The notice to be given under subsection (1) above in any local government area shall be such as may be prescribed.

• (3) A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings on the petition, and if the petition relates to a parliamentary election he shall not sit or vote in the House of Commons until the House of Commons has been informed of the report on the petition.

• (4) Where a respondent to a parliamentary election petition has given that notice in the prescribed time and manner, the High Court or either of the judges constituting the election court shall report that fact to the Speaker.

• (5) In the application of this section to an election of councillors in Scotland, the reference to the High Court shall be omitted and the sheriff may act instead of the election court.

Costs of petition

154

• (1) All costs of and incidental to the presentation of an election petition and the proceedings consequent on it, except such as are by this Act otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportions as the election court or High Court may determine.

• (2) In particular—

• (a) any costs which in the opinion of the election court or High Court have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent, and

• (b) any needless expense incurred or caused on the part of the petitioner or respondent,

may be ordered to be defrayed by the parties by whom it has been incurred or caused whether or not they are on the whole successful.

• (3) In the application of this section to Scotland, references to the High Court shall be omitted in relation to an election of councillors.

Neglect or refusal to pay costs

155

• (1) Subsection (2) below applies if a petitioner neglects or refuses—

• (a) in the case of a parliamentary election petition, for six months after demand, and

• (b) in the case of a petition questioning an election under the local government Act, for three months after demand,

to pay to any person summoned as a witness on his behalf or to the respondent any sum certified to be due to that person or the respondent for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court, or, in Scotland, the election court.

• (2) Where subsection (1) above applies, every person who under this Act entered into a recognisance relating to that petition shall be held to be in default of the recognisance, and—

• (a) the prescribed officer shall thereupon certify the recognisance to be forfeited, and

• (b) it shall be dealt with as if forfeited by the Crown Court, or, in Northern Ireland, under the Fines Act (Ireland) 1851, as the case may be,

but in Scotland the prescribed officer shall, where otherwise competent under the provisions of this subsection—

• (i) certify that the conditions contained in the bond of caution have not been fulfilled; and

• (ii) it shall then be competent for the party or parties interested to register that bond, and do diligence upon it as accords of law.

Further provision as to costs

156

• (1) Where upon the trial of an election petition it appears to the election court—

• (a) that a corrupt practice has not been proved to have been committed in reference to the election by or with the knowledge and consent of the respondent to the petition, and

• (b) that the respondent took all reasonable means to prevent corrupt practices being committed on his behalf,

the court may, subject to the provisions of subsection (5) below, make such order with respect to the whole or part of the costs of the petition as is mentioned in that subsection.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) If it appears to the court that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt practices, or to have encouraged or promoted extensive corrupt practices in reference to the election, the court may, after giving that person or those persons an opportunity of being heard by counsel, a solicitor or an authorised person and examining and cross-examining witnesses to show cause why the order should not be made—

• (a) order the whole or part of the costs to be paid by that person, or those persons or any of them, and

• (b) order that if the costs cannot be recovered from one or more of those persons they shall be paid by some other of those persons or by either of the parties to the petition.

• (5A) In subsection (5) “authorised person” means a person (other than counsel or a 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).

• (6) Where any person appears to the court to have been guilty of a corrupt or illegal practice, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceeding before the court in relation to that offence or to that person to be paid by that person to such person or persons as the court may direct.

Appeals and jurisdiction

157

• (1) No appeal lies without the special leave of the High Court from the decision of the High Court on any question of law, whether on appeal or otherwise, under the foregoing provisions of this Part of this Act, and if leave to appeal is granted the decision of the Court of Appeal in the case shall be final and conclusive.

• (2) Subject to the provisions of this Act and of the rules made under it, the principles, practice and rules on which committees of the House of Commons used to act in dealing with election petitions shall be observed, so far as may be, by the High Court and election court in the case of election petitions, and in particular the principles and rules with regard to—

• (a) agency,

• (b) evidence,

• (c) a scrutiny, and

• (d) declaring any person elected in place of any other person declared not to have been duly elected,

shall be observed, as far as may be, in the case of a petition questioning an election under the local government Act as in the case of a parliamentary election petition.

• (3) The High Court has, subject to the provisions of this Act, the same powers, jurisdiction and authority with respect to an election petition and the proceedings on it as if the petition were an ordinary action within its jurisdiction.

• (4) The duties to be performed in relation to parliamentary elections by the prescribed officer under this Part shall be performed by such one or more of the masters of the Senior Courts (Queen's Bench Division)) as the Lord Chief Justice may determine.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The duties to be performed in relation to elections under the local government Act by the prescribed officer under this Part shall be performed by the prescribed officer of the High Court.

• (7) In the application of this section to Scotland, subsections (1) and (4) to (6) above and, in relation to elections of councillors, subsection (3) above, shall be omitted, but the duties to be performed in relation to parliamentary elections by the prescribed officer under this Part shall be performed by the Principal Clerk of Session.

• (8) Subsection (1) above does not apply in Northern Ireland and, in the application of subsections (4) and (5) to Northern Ireland, the references to the Lord Chief Justice are references to the Lord Chief Justice of Northern Ireland and the reference to any master of the Senior Courts (Queen's Bench Division) is a reference to an officer of the Court of Judicature of Northern Ireland.

Consequences of finding by election court of corrupt or illegal practice

Report as to candidate guilty of a corrupt or illegal practice

158

• (1) The report of an election court under section 144 or section 145 above shall state whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of the corrupt or illegal practice.

• (2) For the purposes of sections 159 and 160 below—

• (a) if it is reported that a corrupt practice other than treating or undue influence was committed with the knowledge and consent of a candidate, he shall be treated as having been reported personally guilty of that corrupt practice, and

• (b) if it is reported that an illegal practice was committed with the knowledge and consent of a candidate at a parliamentary election, he shall be treated as having been reported personally guilty of that illegal practice.

• (3) The report shall also state whether any of the candidates has been guilty by his agents of any corrupt or illegal practice in reference to the election; but if a candidate is reported guilty by his agents of treating, undue influence or any illegal practice, and the court further reports that the candidate has proved to the court—

• (a) that no corrupt or illegal practice was committed at the election by the candidate or his election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his election agent, and

• (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election, and

• (c) that the offences mentioned in the report were of a trivial, unimportant and limited character, and

• (d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his agents,

then the candidate shall not be treated for the purposes of section 159 as having been reported guilty by his agents of the offences mentioned in the report.

In relation to an election where candidates are not required to have election agents, for paragraphs (a) and (b) above the following paragraphs shall be substituted—

(a) that no corrupt or illegal practice was committed at the election by the candidate or with his knowledge or consent and the offences mentioned in the report were committed without the sanction or connivance of the candidate, and (b) that all reasonable means for preventing the commission of corrupt and illegal practices at the election were taken by and on behalf of the candidate,

.

Candidate reported guilty of corrupt or illegal practice

159

• (1) If a candidate who had been elected is reported by an election court personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A candidate at a local government election in Scotland who is reported personally guilty or guilty by his agents of any corrupt or illegal practice shall also be incapable from the date of the report of holding the office of councillor of any local authority in Scotland—

• (a) for ten years, if reported personally guilty of a corrupt practice,

• (b) for three years, if reported guilty by his agents of a corrupt practice, or

• (c) during the period for which the candidate was elected to serve or for which if elected he might have served, if reported personally guilty or guilty by his agents of an illegal practice,

and if at the date of the report he holds any such office, then the office shall be vacated as from that date.

• (4) The provisions of this section as to the consequences of the report that a candidate was guilty by his agents of a corrupt or illegal practice have effect subject to the express provisions of this Act relating to particular acts which are declared to be corrupt or illegal practices.

Persons reported personally guilty of corrupt or illegal practices

160

• (1) The report of the election court under section 144 or section 145 above shall state the names of all persons (if any) who have been proved at the trial to have been guilty of any corrupt or illegal practice . . . , but in the case of someone—

• (a) who is not a party to the petition, or

• (b) who is not a candidate on behalf of whom the seat or office is claimed by the petition,

the election court shall first cause notice to be given to him, and if he appears in pursuance of the notice shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why he should not be so reported.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The report shall be laid before the Director of Public Prosecutions.

• (4) Subject to the provisions of subsection (4A) and section 174 below, a candidate or other person reported by an election court personally guilty of a corrupt or illegal practice—

• (a) shall during the relevant period specified in subsection (5) 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,

• (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 as from the date of the report.

• (4A) The incapacity imposed by subsection (4)(a)(i) above applies only to a candidate or other person reported personally guilty of a corrupt practice under section 60 , 62A , 62B or 112A above or of an illegal practice under section 61 above.

• (4B) Subject to section 113(2) to (6) of the Electoral Law Act (Northern Ireland) 1962, a person reported by an election court personally guilty of a corrupt practice under paragraph 3 of Schedule 9 to that Act (undue influence)—

• (a) is, during the relevant period specified in subsection (5), 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 as from the date of the report.

• (4C) In subsection (4B) “election court” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130 of that Act); and section 94(2) of that Act (persons treated as reported personally guilty) applies also for the purposes of subsection (4B).

• (5) For the purposes of subsections (4) and (4B) above the relevant period is the period beginning with the date of the report and ending—

• (a) in the case of a person reported personally guilty of a corrupt practice, five years after that date, or

• (b) in the case of a person reported personally guilty of an illegal practice, three years after that date.

• (5A) Subject . . . to the provisions of section 174 but in addition to any incapacity arising by virtue of subsection (4) above, a candidate or other person reported by an election court personally guilty of a corrupt practice—

• (a) shall for the period of five years beginning with the date of the report, 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.

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Without prejudice to the generality of the provisions of section 205(2) below, nothing in subsection (4) or subsection (5) above affects matters relating to the Northern Ireland Assembly or local elections or holding office in Northern Ireland.

• (7) The provisions of this section as to the consequences of the report that a candidate was guilty by his agents of a corrupt or illegal practice have effect subject to the express provisions of this Act relating to particular acts which are declared to be corrupt or illegal practices.

Director of Public Prosecutions’ duty to report corrupt practice

Justice of the peace

161

Where a justice of the peace is reported by an election court to have been guilty of any corrupt practice in reference to an election, . . . the court shall report the case to the Lord Chancellor and the Lord Chief Justiceor, in the case of a justice of the peace for any area in Scotland, to the Secretary of State with such evidence as may have been given of the corrupt practice.

Member of legal and certain other professions

162

• (1) Where a barrister, advocate, solicitor, authorised person or any person who belongs to any profession the admission to which is regulated by law is reported by an election court to have been guilty of any corrupt practice in reference to an election, . . . —

• (a) the court shall bring the matter before the Inn of Court Faculty of Advocates, High Court, tribunal or other body having power to take cognizance of any misconduct of the person in his profession; and

• (b) the Inn of Court Faculty of Advocates, High Court, tribunal or other body may deal with him as if the corrupt practice were misconduct by him in his profession.

• (2) In subsection (1) “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 a reserved legal activity (within the meaning of that Act).

Holder of licence or certificate under Licensing Acts

163

• (1) If it appears to an election court that a person holding a licence or certificate under the Licensing Acts has knowingly permitted any bribery or treating in reference to any election to take place upon his licensed premises—

• (a) the court shall, after affording him such rights as are conferred on those about to be reported under section 160(1) above, report the fact; and

• (b) . . . , the court shall bring the report before the licensing authority from whom, or on whose certificate, that person obtained his licence, and the licensing authority shall cause the report to be entered in the proper register of licences.

• (2) The entry of the report in that register 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 of the person reported and may be a ground, if the authority think fit, for refusing renewal.

Further provision as to avoidance of elections and striking off votes

Avoidance of election for general corruption etc.

164

• (1) Where on an election petition it is shown that corrupt or illegal practices or illegal payments, employments or hirings committed in reference to the election for the purpose of promoting or procuring the election of any person at that election have so extensively prevailed that they may be reasonably supposed to have affected the result—

• (a) his election, if he has been elected, shall be void, and

• (b) he shall be incapable of being elected to fill the vacancy or any of the vacancies for which the election was held.

• (2) An election shall not be liable to be avoided otherwise than under this section by reason of general corruption, bribery, treating or intimidation.

• (3) An election under the local government Act may be questioned on the ground that it is avoided under this section.

Avoidance of election for employing corrupt agent

165

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

Votes to be struck off for corrupt or illegal practices

166

• (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.

Power to except innocent act from being illegal practice, payment, employment or hiring

Application for relief

167

• (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.

Prosecutions for corrupt or illegal practices

Prosecutions for corrupt practices

168

• (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.

Prosecutions for illegal practices

169

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.

Conviction of illegal practice on charge of corrupt practice etc.

170

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.

Election petition offences in England and Wales and Northern Ireland

171

Election petition offences in Scotland

172

Incapacities on conviction of corrupt or illegal practice

173

• (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.

Mitigation and remission of incapacities

Mitigation and remission etc.

174

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

Illegal payments, employments or hirings

Illegal payments etc.

175

• (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.

General provisions as to prosecutions

Time limit for prosecutions

176

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

Local election offence punishable summarily

177

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

Prosecution of offences committed outside United Kingdom

178

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.

Offences by associations

179

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.

Evidence by certificate of holding of elections

180

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.

Director of Public Prosecutions

181

• (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.

Supplemental

Rules of procedure

182

• (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.

Costs

183

• (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.

Service of notices

184

• (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.

Interpretation of Part III

185

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, andany valuable security or other equivalent of money, andany 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, orunder the charter of a city or borough, orunder 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; orof proper officer or other officer under a council, board, commission or other authority; orof 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.

Computation of time for purposes of Part III

186

Section 119 above applies in computing any period of time for the purposes of this Part of this Act as for the purposes of Part II of this Act.

Part IV — Special Provisions as to Other Local Elections

England and Wales, and Scotland

Application of Act to certain local elections

187

• (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.

Parts II and III as to local elections in Scotland

188

Voting offences at certain local elections

189

• (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.

Voting offences at election of councillors in Scotland

190

The City

Municipal elections in the City

191

• (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.

Corrupt and illegal practices lists

192

Personation and other voting offences

193

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.

Broadcasting

194

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).

Disturbances at meetings

195

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.

Costs or expenses

196

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.

Candidate's expenses: ward, and liverymen in common hall, elections

197

• (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.

Effect of avoidance of election to corporate office

198

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.

Part V — General and Supplemental

Supplemental

Translations of statutory forms into Welsh language

199

Public notices, and declarations

200

• (1) A public notice required by or under this Act to be given by a returning officer for a parliamentary election shall be given by posting the notice in some conspicuous place or places in the constituency and may also be given in such other manner as he thinks desirable for publicising it.

• (1A) A public notice required by or under this Act to be given by the proper officer of a local authority at a local government election shall be given by posting the notice in some conspicuous place or places in the local government area and may also be given in such other manner as he thinks desirable for publicising it.

• (2) Any person before whom a declaration is authorised to be made under this Act may take the declaration.

Regulations

201

• (1) Any power conferred by this Act to make regulations shall, except where this Act otherwise provides, be a power exercisable by the Secretary of State and except in the case of regulations under section 29(8)by statutory instrument.

• (2) No regulations shall be made under this Act by the Secretary of State otherwise than under section 10(4) or 110(7) above or section 203(4) or 203A(2) below unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

• (2A) Any regulations under section 10(4) or 110(7) above or section 203A(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2C) Regulations made for the purposes only of omitting a particular kind of evidence from the kinds of evidence that a person is or may be required to provide by virtue of regulations under paragraph 1(2A) or 3ZA(3) of Schedule 2 shall be subject to annulment in pursuance of a resolution of either House of Parliament (and subsection (2) does not apply to regulations made for those purposes only).

• (3) Any regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State , or the Electoral Commission (in the case of any regulations made by them), thinks fit.

Interpretation

General provisions as to interpretation

202

• (1) In this Act, unless the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “anonymous entry”, in relation to a register of electors, shall be construed in accordance with section 9B above and “the record of anonymous entries”, means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;

• “the City” means the City of London;

• “Clerk of the Crown” means Clerk of the Crown in Chancery;

• “Common Council” means the Common Council of the City;

• “disability”, in relation to doing a thing, includes a short term inability to do it;

• “dwelling” includes any part of a building where that part is occupied separately as a dwelling;

• “election” means a parliamentary election, an Authority election or an election under the local government Act;

• “election court” means—In relation to a parliamentary election petition, the judges presiding at the trial;in relation to a petition questioning an Authority election or an election under the local government Act, the court constituted under this Act for the trial of that petition;

• “election petition” means a petition presented in pursuance of Part III of this Act;

• “elector” in relation to an election, means any person who has for the time being an entry on the register to be used at that election, but does not include those shown in the 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 on the day fixed for the poll;

• “legal incapacity” includes (in addition, where applicable, to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by this Act or any other Act;

• “legal process” means a claim form, application notice, writ, summons or other process;

• “the list of proxies” has, in relation to any election, the meaning given by paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000 or, as respects Northern Ireland, by section 7 of the Representation of the People Act 1985

• “overseas elector’s declaration” means a declaration made under and in accordance with section 1C of the Representation of the People Act 1985;

• “parliamentary election petition” means an election petition questioning a parliamentary election or return;

• “the postal voters list” means—in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 5(2) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post have been granted);in relation to Northern Ireland, the list of persons kept in pursuance of section 7(4)(a) of the Representation of the People Act 1985 (persons whose applications to vote by post have been granted);

• “the proxy postal voters list” means—in relation to England and Wales and Scotland, the list of persons kept in pursuance of paragraph 7(8) of Schedule 4 to the Representation of the People Act 2000 (persons whose applications to vote by post as proxy have been granted);in relation to Northern Ireland, the list of persons kept in pursuance of section 9(9) of the Representation of the People Act 1985 (persons whose applications to vote by post as proxy have been granted).

• “parliamentary elections rules” means the parliamentary elections rules in Schedule 1 to this Act;

• “person” includes (without prejudice to the provisions of the Interpretation Act 1978) an association corporate or unincorporate;

• “prescribed” except in Part III of this Act means prescribed by regulations;

• “proper officer”—in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the Local Government Act 1972;

• “qualifying address” shall be construed in accordance with section 9(8) above;

• "qualifying foreign national” means a person of any nationality who—is not a Commonwealth citizen or a citizen of the Republic of Ireland, andeither—is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, oris such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave,

• “registered political party” means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000;

• “service declaration” means a declaration made by a person under and in accordance with section 15;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “sub-agent” has the meaning given by section 68(1) above;

• “universal postal service provider” means a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011);

• “voter” means a person voting at an election and includes a person voting as proxy and, except in the parliamentary elections rules, and the rules under section 36 , 36A and 42 above, a person voting by proxy, and “vote” (whether noun or verb) shall be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.

• (2) For the purposes of the Representation of the People Acts a person shall be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.

Local government provisions as to England and Wales

203

• (1) In this Act, unless the context otherwise requires, in relation to England and Wales—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);

• “Authority election” means—any election of the Mayor of London;any election of a constituency member of the London Assembly; orthe election of the London members of the London Assembly at an ordinary election;

• “constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;

• “election of a constituency member of the London Assembly” means—any such election at an ordinary election; oran election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency);

• “election of the Mayor of London” means—any such election at an ordinary election; oran election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London);

• “electoral area” means in England, any electoral division or ward or, in the case of a parish in which there are no wards, the parish, for which the election of councillors is held under the local government Act; in Wales, any electoral ward of a county council or county borough council or community ward or, in the case of a community in which there are no wards, the community, for which the election of councillors is held under the local government Act;Greater London, in the case of—any election of the Mayor of London; orthe election of the London members of the London Assembly at an ordinary election;any Assembly constituency for which the election of a constituency member of the London Assembly is held;

• “EU citizen with retained rights” has the meaning given by section 203B;

• “local authority” means the Greater London Authority, a county council a county borough council,, . . . a district council, a London borough council . . . or a parish or community council;

• “local government Act” means the Local Government Act 1972 . . .;

• “local government area” means Greater London,a county county borough,, London borough . . . , district, parish or community;

• “local government election” means the election of councillors for any electoral area ; orany Authority election

• “London member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;

• “qualifying EU citizen” has the meaning given by section 203A;

• “qualifying foreign citizen” means a person who— is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, andeither—is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, oris such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.

• “simple majority system” has the meaning given by section 6(1) of the Local Government and Elections (Wales) Act 2021;

• ”single transferable vote system” has the meaning given by section 6(2) of the Local Government and Elections (Wales) Act 2021.

• “the 1999 Act” means the Greater London Authority Act 1999;

• (1A) In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to—

• (a) a local government election, or

• (b) an election under the local government Act,

shall be taken to include a reference to an Authority election.

• (1B) Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly.

• (2) The following provisions of this Act, namely—

• (a) Part I, so far as it has effect for the purposes of parliamentary elections, and

• (b) Parts I to III, so far as they have effect for the purposes of Authority elections,

shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.

• (3) The modifications made by subsection (2) above do not affect section 52(4) above.

• (4) This Act applies in relation to the Isles of Scilly as if those isles were a county and as if the council of those isles were a county council, except that—