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Part IIU.K. The Election Campaign

Modifications etc. (not altering text)

C1Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1), Rules, 2, 6

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215), Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule 1(4), Sch. 1)

Publicity at parliamentary electionsU.K.

91 Candidate’s right to send election address post free.U.K.

[F1(1)A candidate at a parliamentary election is, subject to [F2such reasonable terms and conditions as the universal service provider concerned may specify], entitled to send free of [F3any] charge for postage [F4which would otherwise be made by a universal service provider] either—

(a)one unaddressed postal communication, containing matter relating to the election only and not exceeding 60 grammes in weight, to each place in the constituency which, in accordance with those [F5terms and conditions], constitutes a delivery point for the purposes of this subsection; or

(b)one such postal communication addressed to each elector.]

(2)He is also, subject as mentioned above, entitled to send free of any [F6such] charge for postage [F7as mentioned above] to each person entered in the list of proxies for the election one such communication as mentioned above for each appointment in respect of which that person is so entered.

[F8(2A)The candidate may require the returning officer to make arrangements with the universal service provider for communications under subsection (1)(b) to be sent to persons who have anonymous entries in the register.

(2B)Arrangements under subsection (2A) shall be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.]

(3)A person shall not be deemed to be a candidate for the purposes of this section unless he is shown as standing nominated in the statement of persons nominated, but until the publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by [F9the universal service provider concerned] for the payment of postage should he not be shown as standing nominated as mentioned above.

[F10(4)For the purposes of this section “elector”—

(a)means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and

(b)includes a person then shown in that register [F11(or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries)]as below voting age if (but only if) it appears from the register [F12(or from the record)] that he will be of voting age on the day fixed for the poll.]

[F13(5)In this section “universal service provider” has the same meaning as in the Postal Services Act 2000.]

Textual Amendments

F8S. 91(2A)(2B) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 10(2); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

F11Words in s. 91(4)(b) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 10(3)(a); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

F12Words in s. 91(4)(b) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 10(3)(b); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

Modifications etc. (not altering text)

C3S. 91 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C4S. 91 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C5S. 91 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 91 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C6S. 91 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)

92 Broadcasting from outside United Kingdom.U.K.

[F14(1)No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with:—

(a)the British Broadcasting Corporation;

(b)Sianel Pedwar Cymru; or

(c)the holder of any licence granted by [F15the Office of Communications] ,

for the reception and re-transmission of that matter by that body or the holder of that licence][F16or in pursuance of arrangements made with—

(i)the Independent Television Commission or the Radio Authority, or

(ii)any programme contractor whose contract continues in force by virtue of Part II or IV of Schedule 11 to the Broadcasting Act 1990,

for the matter to be received by that body or contractor and re-transmitted by that body in the provision of any broadcasting service in accordance with the said Schedule 11.].

(2)An offence under this section shall be an illegal practice, but the court before whom a person is convicted of an offence under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below.

(3)Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—

(a)that the act or omission took place without his consent or connivance; and

(b)that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

Textual Amendments

F15Words in s. 92(1)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 408, 411, Sch. 17 para. 61 (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C7S. 92 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C9S. 92 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 8, Sch. 3 Table 2

C10S. 92 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 92 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. 92 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. 92 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}

C11S. 92 applied (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

C12S. 92 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}

C13S. 92 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)

[F1793 Broadcasting of local items during election period.U.K.

(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)[F18The 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 or any earlier time at which Her Majesty’s intention to dissolve Parliament is announced,

(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—

Textual Amendments

F17S. 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

F18Words 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)

F19Words 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)

F20S. 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)

C15S. 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)

Marginal Citations

94 Imitation poll cards.U.K.

No person shall for the purpose of promoting or procuring the election of any candidate at a parliamentary election [F21or a local government election to which this section applies] issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and subsections (2) and (3) of section 92 above apply as if an offence under this section were an offence under that section.

[F22(2)This section applies to any local government election in relation to which rules made under section 36 or, in Scotland, section 42 above require an official poll card to be sent to electors in a form prescribed by the rules.]

Textual Amendments

Modifications etc. (not altering text)

C16S. 94 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C18S. 94 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 8, Sch. 3 Table 2

C19S. 94 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1

S. 94 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(6)(d)(7)

S. 94 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C20S. 94 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. 94 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}

C21S. 94 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}

C22S. 94 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)

C23S. 94(1) applied (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1