Representation of the People Act 1983 (c. 2)

Part II U.K. The Election Campaign

Modifications etc. (not altering text)

C1 Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1), Rules, 2, 6

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215), Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule 1(4), Sch. 1)

C2 Pt. 2 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rules 1(2)(3), 6

Publicity at parliamentary elections U.K.

91 Candidate’s right to send election address post free. U.K.

[F1 (1) A candidate at a parliamentary election is, subject to [F2 such reasonable terms and conditions as the universal service provider concerned may specify], entitled to send free of [F3 any] charge for postage [F4 which would otherwise be made by a universal service provider] either—

(a) one unaddressed postal communication, containing matter relating to the election only and not exceeding 60 grammes in weight, to each place in the constituency which, in accordance with those [F5 terms and conditions], constitutes a delivery point for the purposes of this subsection; or

(b) one such postal communication addressed to each elector.]

(2) He is also, subject as mentioned above, entitled to send free of any [F6 such] charge for postage [F7 as mentioned above] to each person entered in the list of proxies for the election one such communication as mentioned above for each appointment in respect of which that person is so entered.

[F8 (2A) The candidate may require the returning officer to make arrangements with the universal service provider for communications under subsection (1)(b) to be sent to persons who have anonymous entries in the register.

(2B) Arrangements under subsection (2A) shall be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.]

(3) A person shall not be deemed to be a candidate for the purposes of this section unless he is shown as standing nominated in the statement of persons nominated, but until the publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by [F9 the universal service provider concerned] for the payment of postage should he not be shown as standing nominated as mentioned above.

[F10 (4) For the purposes of this section “elector”—

(a) means a person who is registered in the register of parliamentary electors for the constituency on the last day for publication of notice of the election; and

(b) includes a person then shown in that register [F11 (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries)]as below voting age if (but only if) it appears from the register [F12 (or from the record)] that he will be of voting age on the day fixed for the poll.]

[F13 (5) In this section “universal service provider” has the same meaning as in the Postal Services Act 2000.]

Textual Amendments

F1 S. 91(1) substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 34

F2 Words in s. 91(1) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(2)(a); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F3 Word in s. 91(1) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(2)(b); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F4 Words in s. 91(1) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(2)(c); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F5 Words in s. 91(1)(a) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(2)(d); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F6 Word in s. 91(2) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(3)(a); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F7 Words in s. 91(2) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(3)(b); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F8 S. 91(2A)(2B) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 10, 77, Sch. 1 para. 10(2); S.I. 2006/3412, art. 3, Sch. 1 paras. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

F9 Words in s. 91(3) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(4); S. I. 2001/1148, art. 2, Sch. (with art. 34)

F10 S. 91(4) substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 19; S.I. 2001/116, art. 2

F11 Words in s. 91(4)(b) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 10(3)(a); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

F12 Words in s. 91(4)(b) inserted (E.W.S.) (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 47, 77, Sch. 1 para. 10(3)(b); S.I. 2006/3412, art. 3, Sch. 1 para. 1, 12(a) (subject to transitional provisions in art. 6, Sch. 2)

F13 S. 91(5) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 17(5); S.I. 2001/1148, art. 2, Sch. (with art. 34)

Modifications etc. (not altering text)

C3 S. 91 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C4 S. 91 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C5 S. 91 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 91 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

C6 S. 91 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)