Representation of the People Act 1983

England and Wales, and Scotland

187 Application of Act to certain local elections

(1) The following provisions of this Act—

(a) in Part I. sections 51(2). 60 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) district, parish or community councillors, or

(ii) the chairman of a district, parish or community council or a parish meeting,

have effect subject to such adaptations, modifications and exceptions as may be made by rules under section 36 above, but nothing in this subsection affects the operation of section 96 or section 100 above.

(2) Sections 48 (1) and (2) and 64 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.

188 Parts II and III as to local elections in Scotland

Except in the phrase " election to any public office" wherever it is used, references in Parts II and III and section 189 of this Act to elections or to elections under the local government Act do not include references to elections under the [1973 c. 65.] Local Government (Scotland) Act 1973 other than elections of councillors.

189 Voting offences at certain local elections

(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.

190 Voting offences at election of councillors in Scotland

A person who at an election of councillors in Scotland—

(a) fabricates, in whole or in part, or alters, defaces, destroys, abstracts or purloins any ballot paper, or

(b) personates any person entitled to vote at the election, or

(c) falsely assumes to act in the name or on behalf of any person so entitled to vote, or

(d) interferes with the delivery or collection of any ballot papers, or

(e) delivers any ballot paper under a false pretence of being lawfully authorised to do so,

shall be liable on summary conviction to a penalty not exceeding level 2 on the standard scale, or to imprisonment for any period not exceeding three months and shall be deemed to have committed an illegal practice.