Representation of the People Act 1983

Publicity at parliamentary elections U.K.

91 Candidate’s right to send election address post free. U.K.

[F1 (1) A candidate at a parliamentary election is, subject to Post Office regulations, entitled to send free of charge for postage either—

(a) one unaddressed postal communication, containing matter relating to the election only and not exceeding 60 grammes in weight, to each place in the constituency which, in accordance with those regulations, constitutes a delivery point for the purposes of this subsection; or

(b) one such postal communication addressed to each elector.]

(2) He is also, subject as mentioned above, entitled to send free of any charge for postage to each person entered in the list of proxies for the election one such communication as mentioned above for each appointment in respect of which that person is so entered.

(3) A person shall not be deemed to be a candidate for the purposes of this section unless he is shown as standing nominated in the statement of persons nominated, but until the publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by the Post Office for the payment of postage should he not be shown as standing nominated as mentioned above.

(4) For the purposes of this section, “elector” means a person—

(a) who is registered as a parliamentary elector in the constituency in the register to be used at the election, or

(b) who, pending the publication of that register, appears in the electors lists for that register (as corrected by the registration officer) to be entitled to be so registered,

and accordingly includes a person shown in the register or electors lists as below voting age if it appears from that register or those lists that he will be of voting age on the day fixed for the poll, but not otherwise.

Textual Amendments

F1 S. 91(1) substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 34

Modifications etc. (not altering text)

C1 S. 91 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 91 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 91 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 91 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

92 Broadcasting from outside United Kingdom. U.K.

[F2 (1) No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with:—

(a) the British Broadcasting Corporation;

(b) Sianel Pedwar Cymru; or

(c) the holder of any licence granted by the Independent Television Commission or the Radio Authority,

for the reception and re-transmission of that matter by that body or the holder of that licence][F3 or in pursuance of arrangements made with—

(i) the Independent Television Commission or the Radio Authority, or

(ii) any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,

for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.].

(2) An offence under this section shall be an illegal practice, but the court before whom a person is convicted of an offence under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below.

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

Textual Amendments

F2 S. 92(1) substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 35(3)(5)

F3 Words added by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(4), Sch. 22 para. 6(b)

Modifications etc. (not altering text)

C4 S. 92 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C5 S. 92 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C6 S. 92 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 8, Sch. 3 Table 2

C7 S. 92 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1

C8 S. 92 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 92 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 92 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2

S. 92 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C9 S. 92 applied (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

C10 S. 92(1) amended by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(4), Sch. 22 para. 6

93 Broadcasting during elections. U.K.

(1) In relation to a parliamentary or local government election, [F4 other than an Authority election,]—

(a) pending such an election it shall not be lawful for any item about the constituency or electoral area to be

[F5 (i) broadcast by the British Broadcasting Corporation or Sianel Pedwar Cymru, or

(ii) included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996]

if any of the persons who are for the time being candidates at the election takes part in the item and the broadcast is not made with his consent; and

(b) where an item about a constituency or electoral area is so broadcast pending such an election there, then if the broadcast either is made before the latest time for delivery of nomination papers, or is made after that time but without the consent of any candidate remaining validly nominated, any person taking part in the item for the purpose of promoting or procuring his election shall be guilty of an illegal practice, unless the broadcast is so made without his consent.

(2) For the purposes of subsection (1) above—

(a) a parliamentary election shall be deemed to be pending during the period ending with the close of the poll and beginning—

(i) at a general election, with the date of the dissolution of Parliament or any earlier time at which Her Majesty’s intention to dissolve Parliament is announced; or

(ii) at a byelection, with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the M1 Recess Elections Act 1975; and

(b) a local government election shall be deemed to be pending during the period ending with the close of the poll and beginning [F6 with the last date on which notice of the election may be published in accordance with rules made under section 36 or, in Scotland, section 42 above]

[F7 (3)F8 ]

Textual Amendments

F4 Words in s. 93(1) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 28 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F5 S. 93(1)(a)(i)(ii) substituted (1.10.1996) for s. 93(1)(a)(b) by 1996 c. 55, s. 148(1), Sch. 10 Pt. III paras. 29, 30; S.I. 1996/2120, art. 4, Sch. 1

F6 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 35

F7 S. 93(3) added by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 44(2)

F8 S. 93(3) repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1)(3), Sch. 12 Pt. II para. 1, Sch. 20 para. 35(4)(b)(5), Sch. 21

Modifications etc. (not altering text)

C11 S. 93 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C12 S. 93 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

Marginal Citations

M1 1975 c. 66.

94 Imitation poll cards. U.K.

No person shall for the purpose of promoting or procuring the election of any candidate at a parliamentary election [F9 or a local government election to which this section applies] issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and subsections (2) and (3) of section 92 above apply as if an offence under this section were an offence under that section.

[F10 (2) This section applies to any local government election in relation to which rules made under section 36 or, in Scotland, section 42 above require an official poll card to be sent to electors in a form prescribed by the rules.]

Textual Amendments

F9 Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 36(1)

F10 S. 94(2) inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 36(2)

Modifications etc. (not altering text)

C13 S. 94 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C14 S. 94 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C15 S. 94 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 8, Sch. 3 Table 2

C16 S. 94 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 94 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(6)(d)(7)

S. 94 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C17 S. 94 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 94 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C18 S. 94 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C19 S. 94 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C20 S. 94(1) applied (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1