- Latest available (Revised)
- Point in Time (26/03/2024)
- Original (As enacted)
Point in time view as at 26/03/2024.
Representation of the People Act 1983, Section 114A is up to date with all changes known to be in force on or before 03 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A person is guilty of a corrupt practice if the person is guilty of undue influence.
(2)A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of—
(a)inducing or compelling a person to vote in a particular way or to refrain from voting, or
(b)otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.
(3)A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of subsection (4) on account of—
(a)a person having voted in a particular way or refrained from voting, or
(b)P assuming a person to have voted in a particular way or to have refrained from voting.
(4)The following activities fall within this subsection—
(a)using or threatening to use violence against a person;
(b)damaging or destroying, or threatening to damage or destroy, a person’s property;
(c)damaging or threatening to damage a person’s reputation;
(d)causing or threatening to cause financial loss to a person;
(e)causing spiritual injury to, or placing undue spiritual pressure on, a person;
(f)doing any other act designed to intimidate a person;
(g)doing any act designed to deceive a person in relation to the administration of an election.
(5)For the purposes of subsections (2) and (3) an activity is carried out by a person (“P”) if it is carried out—
(a)by P,
(b)by P jointly with one or more other persons, or
(c)by one or more other persons on behalf of P and with P’s authority or consent.
(6)In subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).
(7)This section does not have effect in relation to an election in Scotland or Wales under the local government Act.]
Textual Amendments
F1S. 114A inserted (1.11.2023) by Elections Act 2022 (c. 37), ss. 8(1), 67(1); S.I. 2023/1145, reg. 3(a)
Modifications etc. (not altering text)
C1S. 114A applied (with modifications) (1.11.2023) by S.I. 1987/1, rule 6(ea)(i) (as inserted by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(3), 2(3))
C2S. 114A excluded (1.11.2023) by S.I. 1987/1, rule 6(eb) (as inserted by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(3), 2(3))
C3S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/323, Sch. 4 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 5(b))
C4S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/444, Sch. 4 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 6(b))
C5S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/2031, Sch. 4 Pt. 1 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 7(2)(b))
C6S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/2031, Sch. 8 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 7(3)(b))
C7S. 114A applied (with modifications) (1.11.2023) by S.I. 2001/2599, Sch. 1 (as amended by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 38; S.I. 2023/1145, reg. 3(h)(vi))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: