Representation of the People Act 1983

62 Offences as to declarations. U.K.

[F1 (1) A person who—

(a) makes a declaration of local connection or a service declaration—

(i) when he is not authorised to do so by section 7B(1) or section 15(1) above, or

(ii) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

(iii) when he knows that it contains a statement which is false, or

(b) attests a service declaration when he knows—

(i) that he is not authorised to do so, or

(ii) that it contains a false statement as to any particulars required by regulations under section 16 above,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

[F2 (1A) A person who makes a declaration under [F3 section 9B(1A)(a)] above—

(a) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

(b) when he knows that it contains a statement which is false,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

(2) Where the declaration is available only for local government elections [F4 the references in subsections (1) and (1A) above to a legal incapacity to vote refer] to a legal incapacity to vote at local government elections.

Textual Amendments

F1 S. 62(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 17; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2 S. 62(1A) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 9(2); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

F3 Words in s. 62(1A) substituted (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 19 (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l)

F4 Words in s. 62(2) substituted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 9(3); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2) (amendment extended to N.I. (15.9.2014) by The Anonymous Registration (Northern Ireland) Order 2014 (S.I. 2014/1116), arts. 1(1), 2(2))

Modifications etc. (not altering text)

C1 S. 62 extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I

C2 S. 62 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

C3 S. 62 applied (with modifications) (S.) (8.8.2013) by Scottish Independence Referendum (Franchise) Act 2013 (asp 13), ss. 6, 13(1), sch. 1 Pts. 1, 2 (with s. 13(2))