Elections Act 2022

45 Purposes referred to in section 44

(1) This section sets out the purposes referred to in section 44.

(2) The first purpose is promoting or procuring electoral success at one or more particular relevant elections for—

(a) a registered party,

(b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

(c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.

(3) For the purposes of subsection (2)—

(a) the reference to electoral success at a particular relevant election is a reference—

(i) in relation to a registered party, to the return at the election of any candidate or future candidate who is standing, or is to stand, in the name of the party or is included, or is to be included, in a list of candidates submitted by the party in connection with the election, and

(ii) in relation to any candidate or future candidate, to their return at the election, and

(b) the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties, candidates or future candidates.

(4) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.

(5) The second purpose is promoting or procuring the election of a particular candidate or particular future candidate at one or more particular elections.

(6) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (5), it is immaterial that it does not expressly mention the name of any candidate or future candidate.

(7) The third purpose is promoting or procuring the success or failure of a recall petition.

(8) For the purposes of determining whether any electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (7), it is immaterial that it does not expressly mention the name of the member of the House of Commons to whom the petition relates.

(9) In this section “relevant election” means—

(a) a parliamentary election,

(b) an election to the Scottish Parliament,

(c) an election to Senedd Cymru,    

(d) an election to the Northern Ireland Assembly,

(e) a local government election within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983,

(f) an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor,

(g) an election for the return of a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

(h) a local election within the meaning of the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act), or

(i) an election of a police and crime commissioner.