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Representation of the People Act 1983, Section 90 is up to date with all changes known to be in force on or before 19 August 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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(1)In relation to an election of parish councillors in England or of community councillors in Wales—
(a)[F1section 76(1B) above and [F2sections 90ZA(4)] and 90C below have] effect as if for the references to an election agent there were substituted references to any agent of the candidate;
(b)[F3sections 71A to 75 and 78 to 89 above, and Schedule 2A to this Act,] do not apply, and instead the provisions of Schedule 4 to this Act have effect but the form of declaration as to election expenses shall be that prescribed by rules under section 36 [F4or section 36A] above relating to the election of parish or, as the case may be, community councillors, or a form to the like effect.
[F5(c)section 76A(2) has effect as if it referred, in substitution for the provisions set out in paragraphs (a) to (c) of that subsection, to paragraph 3 of Schedule 4 to this Act.]
(2)At an election under the local government Act which is not a local government election, [F6sections 71A to 89] do not apply, and if a candidate at that election or any person on behalf of a candidate at that election knowingly pays any sum or incurs any expense, whether before, during or after that election, on account of or in respect of the conduct or management of the election he shall be guilty of an illegal practice.
Textual Amendments
F1Words in s. 90(1)(a) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 11(a) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)
F2Words in s. 90(1)(a) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 116; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(c) (subject to transitional provisions in art. 4, Sch. 2)
F3Words in s. 90(1)(b) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 11(b) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)
F4Words in s. 90(1)(b) inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 2(13)(a)
F5S. 90(1)(c) substituted (16.2.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 11(c); S.I. 2001/222, art. 2
F6Words in s. 90(2) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 11(d) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)
Modifications etc. (not altering text)
C1Ss. 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))
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