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Representation of the People Act 1983, Section 67 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Not later than the latest time for the delivery of notices of withdrawals for an election, a person shall be named by or on behalf of each candidate as the candidate’s election agent, and the name and address of the candidate’s election agent shall be declared in writing by the candidate or some other person on his behalf to the appropriate officer not later than that time.
[F1(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, the requirements of subsection (1) above in relation to those candidates are that not later than the time there mentioned—
(a)a person shall be named by or on behalf of the party as the election agent of all of those candidates; and
(b)the declaration required by that subsection shall be made by or on behalf of the party.]
(2)A candidate may name himself as election agent, and upon doing so shall, so far as circumstances admit, be subject to the provisions of this Act both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.
[F2(2A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, a candidate included in the list—
(a)must not under subsection (2) above name himself as his own election agent, but
(b)may be named by or on behalf of the party as the election agent of all the candidates included in the list,
and the provisions which have effect by virtue of subsection (2) above in relation to a candidate upon his naming himself as election agent shall also have effect in relation to a candidate upon his being named as election agent by virtue of paragraph (b) above.]
(3)[F3Subject to subsection (3A) below,]One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.
[F4(3A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—
(a)the same person must be appointed as election agent for all the candidates included in the list; and
(b)any such appointment may only be revoked by or on behalf of the party and in respect of all the candidates.]
(4)If whether before, during or after the election the appointment [F5(or deemed appointment)] of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate officer.
(5)The declaration as a candidate’s election agent of a person other than the candidate shall be of no effect under this section unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.
[F6(5A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (5) above shall apply in relation to the candidates included in that list as if the reference to a person other than the candidate were a reference to a person other than the candidate whose name appears highest on the list.]
(6)Upon the name and address of an election agent being declared to the appropriate officer, the appropriate officer shall forthwith give public notice of that name and address.
[F7(6A)Where a candidate at an election of councillors to a county or county borough council in Wales has named themself as election agent and the home address form accompanying the candidate’s nomination paper contains a statement under rule 9(6) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 that the candidate’s home address must not be made public—
(a)the candidate’s home address must not be included in the public notice under subsection (6), and
(b)the information given in the candidate’s home address form under rule 9(7) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 must be included in the public notice instead.]
(7)In this Part of this Act the expression “appropriate officer” means—
(a)in relation to a parliamentary election, the returning officer;
[F8(aa)in relation to an Authority election, the returning officer for that election (as determined under subsection (2B) of section 35 or, as the case may be, paragraph (a) or (b) of subsection (2C) of that section);]
(b)in relation to [F9any other local government election,], the proper officer of the authority for which the election is held.
Textual Amendments
F1S.67(1A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 12(2) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F2S. 67(2A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 12(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F3Words in s. 67(3) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 12(4) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F4S. 67(3A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 12(4) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F5Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 20
F6S. 67(5A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 12(5) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F7S. 67(6A) inserted (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 6(2) (with reg. 12(c))
F8S. 67(7): para. (aa) in the definition of “appropriate officer” inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 12(6)(a) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
F9S. 67(7): Words in para. (b) in the definition of “appropriate officer” substituted (14.12.1999) by 1999 c. 29, s. 17 Sch. 3 para. 12(6)(b) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
Modifications etc. (not altering text)
C1S. 67 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2S. 67 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
C3S. 67 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)
C4S. 67 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
C5S. 67 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1
C6S. 67(7) modified (1.3.1995) by S.I. 1995/493, art. 9(9)
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