Representation of the People Act 1983

176 Time limit for prosecutions. U.K.

(1) A proceeding against a person in respect of [F1 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 M1 Magistrates’ Courts Act 1980 (or, in Northern Ireland, the M2 Magistrates’ Courts (Northern Ireland) Order 1981) for any such offence, F2 . . . be substituted for any limitation of time contained in that Act or Order.

[F3 (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 [F4 undue] delay); and

(c) in Northern Ireland, the making of a complaint,

shall be deemed to be the commencement of a proceeding.]

[F5 (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.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 61(a)

F2 Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

F3 S. 176(2) substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 61(b)

F4 Word inserted (S.) by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1, 39:1), ss. 23, 59(1), Sch. 2 para. 32

F5 S. 176(2A)-(2G) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 70(1), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 8 (with transitional provisions in art. 6, Sch. 2)

F6 S. 176(3) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 61(c), Sch. 5

Modifications etc. (not altering text)

C1 S. 176 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I

S. 176 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 176 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C2 S. 176 applied (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}

C3 S. 176 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 176 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

S. 176 applied (with modifications) (11.3.1999) by S.I. 1999/787, art. 85(1)-(3), Sch. 6 Pts. I, II (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))

S. 176 applied (with modifications) (2.4.2001) by S.I. 2001/1298, regs. 8, 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 176 applied (with modifications) (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 81, {Sch. 6 Pts. I, II} (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))

S. 176 applied (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. 176 applied (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2

C4 S. 176 applied (with modifications) (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 83, Sch. 6 Pts. I, II

C5 S. 176 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}

C6 S. 176 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)

Marginal Citations

M1 1980 c. 43.

M2 S.I. 1981/1675 (N.I. 26).