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Representation of the People Act 1983, Section 93 is up to date with all changes known to be in force on or before 18 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)Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a parliamentary or local government election in items about the constituency or electoral area in question which are included in relevant services during the election period.
(2)The code for the time being adopted by a broadcasting authority under this section shall be either—
(a)a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
(b)a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
(3)Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this subsection; and any such code may make different provision for different cases.
(4)[F2The Office of Communications shall] do all that they can to secure that the code for the time being adopted by them under this section is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.
(5)For the purposes of subsection (1) “the election period”, in relation to an election, means the period beginning—
(a)(if a parliamentary general election) with the date of the dissolution of Parliament F3... ,
(b)(if a parliamentary by-election) with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the M1Recess Elections Act 1975, or
(c)(if a local government election) with the last date for publication of notice of the election,
and ending with the close of the poll.
(6)In this section—
“broadcasting authority” means the British Broadcasting Corporation, [F4the Office of Communications] or Sianel Pedwar Cymru;
“candidate”, in relation to an election, means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it;
“relevant services”—
in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body;
[F5in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.]]
Textual Amendments
F1S. 93 substituted (16.2.2001 for specified purposes and otherwise 16.3.2001) by 2000 c. 41, s. 144; S.I. 2001/222, art. 3
F2Words in s. 93(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 408, 411, Sch. 17 para. 62(2) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F3Words in s. 93(5)(a) omitted (15.9.2011) by virtue of Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 8 (with s. 6)
F4Words in s. 93(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 408, 411, Sch. 17 para. 62(3)(a) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5S. 93(6): words in definition "relevant services" substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 408, 411, Sch. 17 para. 62(3)(b) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Modifications etc. (not altering text)
C1S. 93 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)
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