Representation of the People Act 1983

85 Penalty for sitting or voting where no return and declarations transmitted. U.K.

(1) If, in the case of any candidate, the return and declarations as to election expenses are not [F1 delivered] before the expiry of the time limited for the purpose, that candidate shall not, after the expiry of that time, sit or vote in the House of Commons as member for the constituency for which the election was held until—

(a) either that return and those declarations have been [F1 delivered], or

(b) the date of the allowance of an authorised excuse for the failure to [F1 deliver] that return and those declarations,

and if he sits or votes in contravention of this subsection he shall forfeit £100 for every day on which he so sits or votes.

(2) In the application of subsection (1) above to a candidate at a local government election—

(a) the reference to sitting or voting in the House of Commons for the constituency for which the election was held shall be taken as a reference to sitting or voting in the council for the local government area for which the election was held; and

(b) £50 shall be substituted for £100 and, instead of civil proceedings for a penalty, summary proceedings may be instituted under the M1 Magistrates’ Courts Act 1980, or, in Scotland, in the sheriff court, and the person charged shall be liable on conviction to a fine not exceeding the amount of the penalty which would be recoverable in civil proceedings.

[F2 (2A) As respects Authority elections—

(a) subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);

(b) in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and

(c) in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.]

[F3 (3) Civil proceedings for a penalty under this section shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.]

(4) For the purposes of subsection (3) above—

(a) where the service or execution of the [F4 legal process]on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of a [F4 legal process] shall be deemed to be a commencement of a proceeding; but,

(b) where paragraph (a) does not apply, the service or execution of the [F4 legal process] on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.

(5) Subsections (3) and (4) above do not apply in Scotland.

Textual Amendments

F1 Word substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 29(a)

F2 S. 85(2A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 25(2) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F3 S. 85(3) substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 29(b)

F4 Words in s. 85(4) substituted (16.2.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 19(2) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Modifications etc. (not altering text)

C1 S. 85 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1

C2 Ss. 73-90D restricted (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 7(2) (with reg. 7(8))

Marginal Citations

M1 1980 c. 43.