C7C8C9C10C11C14C24C25C26 Part III Legal Proceedings

Annotations:
Modifications etc. (not altering text)
C7

Pt. 3 applied (with modifications) (E.W.) by S.I. 1987/1, rules 2, 6 and S.I. 1986/2215, rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule1(4), Sch. 1)

Pt. 3 applied (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 11(2)

Pt. 3 extended (28.4.1999) by S.I. 1999/1214 reg. 5(3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

Pt. 3 extended (9.4.2001) by S.I. 2001/1184 reg. 7(2)

Pt. 3 extended (E.W.) (1.2.2002) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185), reg. 6

C8

Pt. 3: power to apply conferred (S.) (14.9.2006) by Local Governance (Scotland) Act 2004 (asp 9), ss. 3(4), 17(2); S.S.I. 2006/470, art. 2

C10

Pt. 3 applied in part (with modifications) (S.) (17.2.2007 except for specified purposes) by The Scottish Local Government Elections Order 2007 (S.S.I. 2007/42), art. 4

C11

Pt. 3 (ss. 120-186) applied (S.) (12.10.2009) by The Health Board Elections (Scotland) Regulations 2009 (S.S.I. 2009/352), reg. 6

C14

Pt. 3 applied in part (10.11.2011 except for the purposes of any election to be held on or before 2.5.2012) by The Scottish Local Government Elections Order 2011 (S.S.I. 2011/399), arts. 1(1), 4

C24

Pt. 3 applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), arts. 1, 7

C25

Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)

Supplemental

C1C2C3C4C5C6C13C12C16C15C18C17C19C20C21C22C23185 Interpretation of Part III.

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;

  • F1elective 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;

  • F2Licensing Acts” means F3 the Licensing (Scotland) Act 1976 and the Licensing (Northern Ireland) Order 1996 (as that F3Act or Order may from time to time have effect);

  • money” and “pecuniary reward” shall be deemed to include—

    1. a

      any office, place or employment, and

    2. b

      any valuable security or other equivalent of money, and

    3. c

      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 M1Judicature (Northern Ireland Act 1978;

  • F4 “public office” in relation to Scotland means any office held in Scotland—

    1. a

      under the Crown, or

    2. b

      under the charter of a city or borough, or

    3. c

      under the Acts relating to local government or public health or public education,

    whether the office is that—

    1. i

      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

    2. ii

      of proper officer or other officer under a council, board, commission or other authority; or

    3. iii

      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.