Representation of the People Act 1983

Election meetings U.K.

95 Schools and rooms for parliamentary election meetings. U.K.

(1) Subject to the provisions of this section, a candidate at a parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use [F1 free of charge] of reasonable times between the receipt of the writ and [F2 the day preceding] the date of the poll of—

(a) a suitable room in the premises of a school to which this section applies;

(b) any meeting room to which this section applies.

(2) This section applies—

(a) in England and Wales, to [F3 community, foundation and voluntary schools] of which the premises are situated in the constituency or an adjoining constituency, and

(b) in Scotland, to any school of which the premises are so situated, not being an independent school within the meaning of the M1 Education (Scotland) Act 1980.

but a candidate is not entitled under this section to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this section applies.

(3) This section applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.

(4) Where a room is used for a meeting in pursuance of the rights conferred by this section, the person by whom or on whose behalf the meeting is convened—

(a) [F4 shall defray any expenses] incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

(b) shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

(5) A candidate is not entitled to exercise the rights conferred by this section except on reasonable notice; and this section does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6) The provisions of Schedule 5 to this Act have effect with respect to the rights conferred by this section and the arrangements to be made for their exercise.

(7) For the purposes of this section (except those of paragraph (b) of subsection (4) above), the premises of a school shall not be taken to include any private dwelling F5 . . ., and in this section—

(a) the expression “meeting room” means any room which it is the practice to let for public meetings; and

(b) the expression “room” includes a hall, gallery or gymnasium.

(8) This section does not apply to Northern Ireland.

Textual Amendments

F1 Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 37(a)(i)

F2 Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 37(a)(ii)

F3 Words in s. 95(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 10 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with Schs. 5-7)

F4 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 37(b)

F5 Word in s. 95(7) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 7, Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (with arts. 2-4)

Modifications etc. (not altering text)

C1 S. 95 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C2 S. 95 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

Marginal Citations

M1 1980 c. 44.

[F6 96 Schools and rooms for local election meetings. U.K.

(1) Subject to the provisions of this section, a candidate at a local government election is entitled for the purpose of holding public meetings [F7 to promote or procure the giving of votes at that election—

(i) for himself, or

(ii) if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,]

to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with rules made under section 36 or, in Scotland, section 42 above and the day preceding the day of election of—

(a) a suitable room in the premises of a school to which this section applies; or

(b) a meeting room to which this section applies.

(2) This section applies—

(a) in England and Wales, to a [F8 community, foundation or voluntary school] situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area) or in a parish or community, as the case may be, in part comprised in that electoral area; and

(b) in Scotland, to any school (not being an independent school within the meaning of the M2 Education (Scotland) Act 1980) situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area).

(3) This section applies—

(a) in England and Wales, to any meeting room situated in the electoral area for which the candidate is standing or in a parish or community, as the case may be, in part comprised in that electoral area, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable;

(b) in Scotland, to any meeting room the expense of maintaining which is payable by [F9 a local authority].

(4) Subsections (4), (5) and (7) of section 95 above and paragraph 1(1) of Schedule 5 to this Act shall apply for the purposes of this section as they apply for the purposes of that section, and any person stating himself to be, or to be authorised by, a candidate at a local government election in respect of an electoral area which falls (or partly falls) within a constituency, or his election agent, shall be entitled to inspect the lists prepared under Schedule 5 to this Act in relation to the constituency or a copy of them at all reasonable hours during the period beginning with the day on which notice of the election is published and ending with the day preceding the day of election.]

Textual Amendments

F6 S. 96 substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 38

F7 S. 96(1)(i)(ii) and words substituted (14.12.1999) for words by 1999 c. 29, s. 17, Sch. 3 para. 29 (with Sch. 12 para. 9(1)); S.I. 1999/3376. art. 2

F8 Words in s. 96(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 11 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with Schs. 5-7)

F9 Words in s. 96(3)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 130(7); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C3 S. 96 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 8, Sch. 3 Table 2

S. 96 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 96 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C4 S. 96 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

Marginal Citations

M2 1980 c.44 (41:2).

97 Disturbances at election meetings. U.K.

(1) A person who at a lawful public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.

(2) This section applies to—

(a) a political meeting held in any constituency between the date of the issue of a writ for the return of a member of Parliament for the constituency and the date at which a return to the writ is made;

(b) a meeting held with reference to a local government election in the electoral area for that election [F10 in the period beginning with the last date on which notice of the election may be published in accordance with rules made under section 36 or, in Scotland, section 42 above and ending with], the day of election.

(3) If a constable reasonably suspects any person of committing an offence under subsection (1) above, he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, [F11 and—

(a) if he refuses or fails so to declare his name and address or

(b) if the constable reasonably suspects him of giving a false name and address,

the constable may without warrant arrest him].

This subsection does not apply in Northern Ireland.

Textual Amendments

F10 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 39

F11 Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I

Modifications etc. (not altering text)

C5 S. 97 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I

S. 97 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 97 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 97 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

S. 97 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

S. 97 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 8, Sch. 3 Table 2

S. 97 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 97 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2

S. 97 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C6 S. 97 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C7 S. 97 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)

[F12 98 Premises not affected for rates. U.K.

The use of any premises for the holding of public meetings in furtherance of any person’s candidature at a parliamentary or local government election does not render any person liable to be rated or to pay any rate for the premises.]

Textual Amendments

F12 S. 98 repealed (E.W.S.) by Local Government Finance Act 1988 (c. 41, SIF 81:1, 103:2), s. 149, Sch. 13 Pt. I

Modifications etc. (not altering text)

C8 S. 98 modified (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 93 (with art. 1(2)(3))

C9 S. 98 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 1 para. 19(2)

C10 S. 98 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C11 S. 98 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1

C12 S. 98 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 98 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C13 S. 98 modified (S.) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 4(1)