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Representation of the People Act 1983

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Representation of the People Act 1983, Section 42 is up to date with all changes known to be in force on or before 26 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. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act Representation of the People Acts amended by 1985 c. 50 Sch. 1 para. 24
  • Act power to amend conferred by 2009 c. 12 s. 34(3)(b) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 9(2A) inserted by 2021 asc 1 s. 18(2)
  • s. 9(2A) inserted by 2024 asc 5 s. 4(2)
  • s. 9E(1A) inserted by 2021 asc 1 s. 18(4)
  • s. 9E(1A) inserted by 2024 asc 5 s. 4(3)
  • s. 9ZA inserted by 2021 asc 1 s. 18(3)
  • s. 9ZA inserted by 2024 asc 5 s. 3(2)
  • s. 10(4C) (4D) inserted by 2009 c. 12 s. 33(3)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 10A(1C) (1D) inserted by 2009 c. 12 s. 33(5)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 10ZE(2A) inserted by 2021 asc 1 s. 18(5)(a)
  • s. 10ZE(4A) inserted by 2021 asc 1 s. 18(5)(c)
  • s. 10ZE(5A)-(5C) inserted by 2021 asc 1 s. 18(5)(d)
  • s. 13A(1)(zc) inserted by 2021 asc 1 s. 18(6)
  • s. 13A(1)(zc) inserted by 2024 asc 5 s. 4(4)
  • s. 13A(2C) (2D) inserted by 2009 c. 12 s. 33(6)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • s. 53(8A) inserted by 2024 asc 5 s. 4(7)
  • s. 56(1)(azaa) inserted by 2021 asc 1 s. 18(9)
  • s. 56(1)(azaa) inserted by 2024 asc 5 s. 4(8)
  • s. 63(3)(ba) inserted by 2006 c. 22 s. 7 (This amendment not applied to legislation.gov.uk. S. 7 repealed (2.4.2013) without ever being in force by 2013 c. 6, s. 23; S.I. 2013/702, art. 3(e))
  • s. 81(4A) (4B) inserted by 2006 asp 14 s. 19(2)
  • s. 113(7)(b)(c) inserted by 2011 c. 1 Sch. 10 para. 15(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 114(4) inserted by 2011 c. 1 Sch. 10 para. 16 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 115(3) inserted by 2011 c. 1 Sch. 10 para. 17 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 139(6A) inserted by 2011 c. 1 Sch. 10 para. 19(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 165(3A) inserted by 2011 c. 1 Sch. 10 para. 20 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • s. 201(2B) inserted by 2009 c. 12 s. 33(9) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 1 rule 37A inserted by 2011 c. 1 s. 9(1) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
  • Sch. 1 rule 45A 45B inserted by 2011 c. 1 s. 9(2) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
  • Sch. 1 rule 46(3) inserted by 2011 c. 1 Sch. 10 para. 5(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(3A)(3B) inserted by 2011 c. 1 Sch. 10 para. 6(4) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 40(1B)(a) repealed by 2006 c. 22 Sch. 2
  • Sch. 1 rule 18 substituted by 2011 c. 1 Sch. 10 para. 2 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(4)(d) substituted by 2011 c. 1 Sch. 10 para. 6(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(2)(c) substituted by 2011 c. 1 Sch. 10 para. 10(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 62 substituted by 2011 c. 1 Sch. 10 para. 11(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1)(aa)(b) substituted for Sch. 1 rule 47(1)(b) by 2011 c. 1 Sch. 10 para. 6(2)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(2)-(2E) substituted for Sch. 1 rule 47(2) by 2011 c. 1 Sch. 10 para. 6(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(4)(aa)(b) substituted for Sch. 1 rule 47(4)(b) by 2011 c. 1 Sch. 10 para. 6(5)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 49 49A substituted for Sch. 1 rule 49 by 2011 c. 1 Sch. 10 para. 7 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 50(1)(a)(aa)(ab)(b)(c) substituted for Sch. 1 rule 50(1)(a)-(c) by 2011 c. 1 Sch. 10 para. 8 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(2)(a)(aa) substituted for Sch. 1 rule 61(2)(a) by 2011 c. 1 Sch. 10 para. 10(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 46(1)(1A) substituted for rule 46(1) by 2011 c. 1 Sch. 10 para. 5(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 46(2) words inserted by 2011 c. 1 Sch. 10 para. 5(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47 heading words inserted by 2011 c. 1 Sch. 10 para. 6(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 29(5) words substituted by 2011 c. 1 Sch. 10 para. 3 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 44(5) words substituted by 2011 c. 1 Sch. 10 para. 4 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(c) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 47(1)(d) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 53(4) words substituted by 2011 c. 1 Sch. 10 para. 9 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 1 rule 61(1) words substituted by 2011 c. 1 Sch. 10 para. 10(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
  • Sch. 2 para. 1A(1)(aa) inserted by 2024 asc 5 s. 4(9)(a)
  • Sch. 2 para. 1C inserted by 2024 asc 5 s. 4(9)(b)
  • Sch. 2 para. 10(3) inserted by 2024 asc 5 s. 4(9)(c)
  • Sch. 2 para. 10B(4) inserted by 2024 asc 5 s. 4(9)(d)
  • Sch. 2 para. 1(4ZA)-(4ZC) inserted by 2009 c. 12 s. 33(10)(a) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 2 para. 1(6A) inserted by 2009 c. 12 s. 33(10)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
  • Sch. 2 para. 5C inserted by 2022 c. 37 Sch. 4 para. 5
  • Sch. 4A para. 14A(1)(c) inserted by 2024 asc 5 s. 34(1)(a)

42 Local elections in Scotland.U.K.

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.

(6)Before a poll is taken at an election for a councillor for a local government area in Scotland, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1S. 42(5) modified (S.) by S.I. 1986/1111, regs. 2, 97(1)

C2S. 42(5)(6) modified (11.3.1999) by S.I. 1999/787, art. 13(5), Sch. 5 Pt. I para. 3(1)(c) (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. 42(5)(6) modified (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 14(5), Sch. 5 para. 3(1)(c)(2) (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))

S. 42(5)(6) modified (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 14(5), Sch. 5 para. 3(1)(c)

C3S. 42(5)(6) modified (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), art. 1(1), Sch. 5 para. 3(1)(c)(2) (with art. 1(2)(3))

C6S. 42(6) modified (11.3.1999) by S.I. 1999/787, art. 13(5), Sch. 5 Pt. I para. 3(2) (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)))

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