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Version Superseded: 24/11/2005
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Representation of the People Act 1983, Section 185 is up to date with all changes known to be in force on or before 27 November 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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In this Part of this Act, unless the context otherwise requires—
“appropriate officer” has the same meaning as in section 67(7) above;
“candidate” has the same meaning as in Part II of this Act and the saving in section 117(1) above applies in relation to this Part as in relation to Part II;
“costs” includes charges and expenses;
“date of the allowance of an authorised excuse” has the meaning assigned to it by section 86(8) above or paragraph 7 of Schedule 4 to this Act, as the case may be;
“declaration as to election expenses” means a declaration made under section 82 above or, as the case may be, paragraph 3 of Schedule 4 to this Act;
[F1“elective office” means any office to which a local government election is held in England or Wales;]
“judicial office” includes the office of justice of the peace;
“Licensing Acts” means the M1Licensing Act 1964 and the Acts amending that Act, or the corresponding enactments forming part of the law of Scotland or Northern Ireland;
“money” and “pecuniary reward” shall be deemed to include—
any office, place or employment, and
any valuable security or other equivalent of money, and
any valuable consideration,
and expressions referring to money shall be construed accordingly;
“payment” includes any pecuniary or other reward;
“prescribed” means prescribed by rules of court, or, in Northern Ireland, such rules under section 55 of the M2Judicature (Northern Ireland Act 1978;
[F2 “public office” in relation to Scotland means any office held in Scotland—]
under the Crown, or
under the charter of a city or borough, or
under the Acts relating to local government or public health or public education,
whether the office is that—
of mayor, provost, chief magistrate, chairman, alderman, councillor, member of a board, commission or other local authority in any local government or other area; or
of proper officer or other officer under a council, board, commission or other authority; or
of any other office to which a person is elected or appointed under any such charter or enactment as is mentioned above, including any other municipal or parochial office;
“return as to election expenses” means a return made under section 81 above or, as the case maybe, paragraph 3 of Schedule 4 to this Act;
“Speaker” includes Deputy Speaker and, where the office of Speaker is vacant, Clerk of the House of Commons, or any other officer for the time being performing the duties of Clerk of the House of Commons.
Textual Amendments
F1Words in s. 185 substituted (16.2.2001) by 2000 c. 41, s. 137, Sch. 17 para. 10(a), (with s. 156(6)); S.I. 2001/222, art. 2 Sch. 1 Pt. I (with Sch. 1 Pt. II)
F2Words in s. 185 substituted (16.2.2001) by 2000 c. 41, s. 137, Sch. 17 para. 10(b), (with s. 156(6)); S.I. 2001/222, art. 2 Sch. 1 Pt. I (with Sch. 1 Pt. II)
Modifications etc. (not altering text)
C1Ss. 183-186 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I
Ss. 183-186 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2S. 185 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
S. 185 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1
S. 185 applied (with modifications) (S.) (11.3.1999) by S.I. 1999/787 art. 85(2)-(4), Sch. 6 Pt. II (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))
S. 185 applied (with modifications) (2.4.2001) by S.I. 2001/1298, regs. 8, 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)
S. 185 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 19(8), Sch. 6
S. 185 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1
S. 185 applied (with modifications) (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 81, Sch. 6 Pts. I, II (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))
S. 185 applied (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. 185 applied (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 15(8), Sch. 5 (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)
S. 185 applied in part (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. 185 applied (with modifications) (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 83, Sch. 6 Pts. I, II
C3S. 185 applied (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2
S. 185 applied (S.) (11.3.1999) by S.I. 1999/787 art. 85(1)(3), Sch. 6 Pt. I
S. 185 applied (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), reg. 15, Sch. 6
S. 185 applied (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}
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