Representation of the People Act 1983

93 Broadcasting during elections. U.K.

(1) In relation to a parliamentary or local government election—

(a) pending such an election it shall not be lawful for any item about the constituency or electoral area to be

[F1 (i) broadcast by the British Broadcasting Corporation or Sianel Pedwar Cymru, or

(ii) included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996]

if any of the persons who are for the time being candidates at the election takes part in the item and the broadcast is not made with his consent; and

(b) where an item about a constituency or electoral area is so broadcast pending such an election there, then if the broadcast either is made before the latest time for delivery of nomination papers, or is made after that time but without the consent of any candidate remaining validly nominated, any person taking part in the item for the purpose of promoting or procuring his election shall be guilty of an illegal practice, unless the broadcast is so made without his consent.

(2) For the purposes of subsection (1) above—

(a) a parliamentary election shall be deemed to be pending during the period ending with the close of the poll and beginning—

(i) at a general election, with the date of the dissolution of Parliament or any earlier time at which Her Majesty’s intention to dissolve Parliament is announced; or

(ii) at a byelection, with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the M1 Recess Elections Act 1975; and

(b) a local government election shall be deemed to be pending during the period ending with the close of the poll and beginning [F2 with the last date on which notice of the election may be published in accordance with rules made under section 36 or, in Scotland, section 42 above]

[F3 (3)F4 ]

Textual Amendments

F1 S. 93(1)(a)(i)(ii) substituted (1.10.1996) for s. 93(1)(a)(b) by 1996 c. 55, s. 148(1), Sch. 10 Pt. III paras. 29, 30; S.I. 1996/2120, art. 4, Sch. 1

F2 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 35

F3 S. 93(3) added by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 44(2)

F4 S. 93(3) repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1)(3), Sch. 12 Pt. II para. 1, Sch. 20 para. 35(4)(b)(5), Sch. 21

Modifications etc. (not altering text)

C1 S. 93 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 93 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

Marginal Citations

M1 1975 c. 66.