Representation of the People Act 1983

82 Declarations as to election expenses. U.K.

(1) The return [F1 delivered] under section 81(1) above shall be accompanied by a declaration made by the election agent in [F2 the appropriate form].

(2) At the same time that the election agent [F3 delivers] that return, or within seven days afterwards, the candidate shall [F3 deliver] to the appropriate officer a declaration made by him in [F4 the appropriate form].

[F5 (2A) For the purposes of subsections (1) and (2) above, “the appropriate form”—

(a) in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;

(b) in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and

(c) in any other case, is the form in Schedule 3 to this Act.]

(3) Where the candidate is out of the United Kingdom when the return is so [F1 delivered]—

(a) the declaration required by subsection (2) above may be made by him within 14 days after his return to the United Kingdom, and

(b) in that case, the declaration shall be forthwith [F1 delivered] to the appropriate officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Act relating to the return and declaration as to election expenses.

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the candidate is his own election agent, the declaration by an election agent as to election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form in Schedule 3.

[F7 (5A) Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.]

(6) If a candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of a corrupt practice.

Textual Amendments

F1 Word substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 28(a)

F2 Words in s. 82(1) substituted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 24(2) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F3 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 28(b)

F4 Words in s. 82(2) substituted (14.12.1999) by 1999 c. 29, s. 17 Sch. 3 para. 24(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F5 S. 82(2A) inserted (14.12.1999) by 1999 c. 29, s. 17 Sch. 3 para. 24(4) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F6 S. 82(4) repealed (16.2.2001) by 2000 c. 41, ss. 138(1)(2), 158(2)(3), Sch. 18 para. 8, Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F7 S. 82(5A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 24(6) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

Modifications etc. (not altering text)

C1 S. 82 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 82 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 82 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

C4 S. 82 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)

C5 Ss. 73-90D restricted (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 7(2) (with reg. 7(8))

C6 S. 82(5A) modified (4.5.2000) by S.I. 2000/1040, rule 60(3)(4) (which S.I. was revoked (14.1.2008) by S.I. 2007/3541, rule 1(1)(2)(b))

C7 S. 82(5A) modified (4.5.2000) by S.I. 2000/1040, rule 60(1)(2) (which S.I. was revoked (14.1.2008) by S.I. 2007/3541, rule 1(1)(2)(b))