32.—(1) In this Part of these Regulations, unless the context otherwise requires—
“appropriate officer” means the returning officer;
“candidate” shall be construed in accordance with paragraph (2);
“committee room” does not include any house or room occupied by a candidate as a dwelling, by reason only of the candidate transacting business there with his agents in relation to the election, and no room or building shall be deemed to be a committee room by reason only of the candidate or any agent of the candidate addressing in it electors, committee members or others;
“date of the allowance of an authorised excuse” has the meaning given by regulation 50(8);
“declaration as to election expenses” means a declaration made under regulation 48;
“disputed claim” has the meaning given by regulation 45 as extended by regulation 46;
“election expenses”, in relation to a European Parliamentary election, shall be construed in accordance with [F1regulations 55 and 57];
“money” and “pecuniary reward” shall (except in regulations 38, 71 and 72 and Schedule 4) be deemed to include—
any office, place or employment, and
any valuable security or other equivalent of money, and
any valuable consideration,
and expressions referring to money shall be construed accordingly;
“payment” includes any pecuniary or other reward;
“personal expenses” as used with respect to the expenditure of a candidate in relation to any European Parliamentary election includes the reasonable travelling expenses of the candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election;
“return as to election expenses” means a return (including the bills and receipts to be delivered with it) to be made under regulation 47(1).
(2) A person becomes a candidate at an election—
(a)on the last day for publication of the notice of the election if on or before that day he is declared by himself or by others to be a candidate at the election; and
(b)otherwise, on the day on which he is so declared by himself or by others or on which he is nominated as a candidate at the election (whichever is the earlier).
Textual Amendments
F1Words in reg. 32(1) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 20
33.—(1) Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part of these Regulations is any of the days mentioned in paragraph (2)—
(a)the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and
(b)in computing any period of not more than 7 days for the purposes of this Part any of the days so mentioned shall be disregarded.
(2) The days referred to in paragraph (1) are Saturday, Sunday, Christmas Eve, Christmas Day, F2...Good Friday, a bank holiday or a day appointed for public thanksgiving or mourning.
(3) In this regulation “bank holiday”, in relation to any European Parliamentary election, means a day which is a bank holiday in Northern Ireland.
Textual Amendments
F2Words in reg. 33(2) omitted (27.3.2009) by virtue of The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 21
34.—(1) Not later than the latest time for the delivery of notices of withdrawals for an election, a person shall be named by or on behalf of each candidate as the candidate’s election agent, and the name and address of the candidate’s election agent shall be declared in writing by the candidate or some other person on his behalf to the appropriate officer not later than that time.
(2) A candidate may name himself as election agent, and upon doing so shall, so far as circumstances admit, be subject to the provisions of these Regulations both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in these Regulations to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.
(3) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.
(4) If (whether before, during or after the election) the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate officer.
(5) The declaration as a candidate’s election agent of a person other than the candidate shall be of no effect under this regulation unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.
(6) Upon the name and address of an election agent being declared to the appropriate officer, the appropriate officer shall forthwith give public notice of that name and address.
(7) In this Part of these Regulations the expression “appropriate officer” means the returning officer at a European Parliamentary election.
35.—(1) An election agent for a candidate may appoint to act in any part of the electoral region one, but not more than one, deputy election agent (in these Regulations referred to as a sub-agent).
(2) As regards matters in a part of the electoral region for which there is a sub-agent the election agent may act by the sub-agent and—
(a)anything done for the purposes of these Regulations by or to the sub-agent in his part of the electoral region shall be deemed to be done by or to the election agent; and
(b)any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against these Regulations shall be an illegal practice and offence against these Regulations committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly.
(3) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate officer, and the appropriate officer shall forthwith give public notice of the name and address of every sub-agent so declared.
(4) The appointment of a sub-agent—
(a)shall not be vacated by the election agent who appointed him ceasing to be election agent, but
(b)may be revoked by whoever is for the time being the candidate’s election agent,
and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate officer, who shall forthwith give public notice of the name and address so declared.
(5) The declaration to be made to the appropriate officer, and the notice to be given by him, under paragraph (3) or paragraph (4) shall specify the part of the electoral region within which any sub-agent is appointed to act.
(6) In paragraphs (2) to (4) references to an election agent are to an election agent of a candidate.
36.—(1) Every election agent and every sub-agent shall have an office to which all claims, notices, writs, summonses and legal process and other documents may be sent, and the address of the office shall be—
(a)declared to the appropriate officer at the same time as the appointment of the agent is declared to him; and
(b)stated in the public notice of the name of the agent.
(2) The office of the election agent or sub-agent shall be within the United Kingdom.
(3) Any claim, notice, writ, summons or legal process or other document delivered at the office of the election agent or sub-agent and addressed to him, shall be deemed to have been served on him and every election agent or sub-agent may in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction at the place where his office is situated.
(4) In this regulation, references to an election agent and sub-agent are to an election agent or sub-agent of a candidate.
37.—(1) If no person’s name and address is given as required by regulation 34 as the election agent of a candidate who remains validly nominated at the latest time for delivery of notices of withdrawals, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent.
(2) (a) the person whose name and address have been so given as those of the candidate’s election agent (not being the candidate himself) dies, and
(b)a new appointment is not made on the day of the death or on the following day, the candidate shall be deemed to have appointed himself as from the time of death.
(3) If the appointment of a candidate’s election agent is revoked without a new appointment being made, the candidate himself shall be deemed to have been appointed (or re-appointed) election agent.
(4) The deemed appointment of a candidate as his own election agent may be revoked as if it were an actual appointment.
(5) Where a candidate is by virtue of this regulation to be treated as his own election agent, he shall be deemed to have his office at his address as given in the statement as to persons nominated.
(6) The appropriate officer on being satisfied that a candidate is by virtue of this regulation to be treated as his own election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under regulations 34 and 36.
38.—(1) In the case of any candidate at a European Parliamentary election, any money or other property provided (whether as a gift or loan)—
(a)by any person other than the candidate or his election agent, and
(b)for the purpose of meeting election expenses incurred by or on behalf of the candidate,
must be provided to the candidate or his election agent.
(2) Paragraph (1) does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).
(3) A person who provides any money or other property in contravention of paragraph (1) shall be guilty of an illegal practice.
(4) Schedule 4 shall have effect for the purpose of controlling donations to candidates.
(5) In this regulation and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.
39.—(1) Subject to paragraph (5), no payment (of whatever nature) shall be made by—
(a)a candidate at an election, or
(b)any other person,
in respect of election expenses incurred by or on behalf of a candidate unless it is made by or through the candidate’s election agent.
(2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.
(3) The references in the foregoing provisions of this regulation to an election agent shall be taken as references to the election agent acting by himself or a sub-agent or a person authorised in writing by the election agent or sub-agent.
(4) All money provided by any person other than the candidate for any election expenses, whether as gift, loan, advance or deposit, shall be paid to the candidate or his election agent or sub-agent and not otherwise.
(5) This regulation does not apply to—
(a)any expenses which are, in accordance with regulations 40(1) or (2), 44(6) or 45(2), paid by the candidate;
(b)any expenses which are paid in accordance with regulation 40(4) by a person authorised as mentioned in that provision;
(c)any expenses included in a declaration made by the election agent under regulation 41; or
(d)any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of regulation [F355(5)].
(6) A person who makes any payment (of whatever nature) in contravention of paragraph (1), or pays in contravention of paragraph (4) any money so provided as mentioned above, shall be guilty of an illegal practice.
Textual Amendments
F3Word in reg. 39(5)(d) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 22
40.—(1) The candidate at a European Parliamentary election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate at a European Parliamentary election may pay shall not exceed £900, and where this applies any further personal expenses so incurred by him shall be paid by his election agent.
(2) The candidate at a European Parliamentary election may also pay any election expenses (other than expenses falling within paragraph (1)) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.
(3) The candidate shall send to his election agent within the time limited by these Regulations for sending in claims a written statement of the amount of expenses paid as mentioned in paragraph (1) or (2) by the candidate.
(4) Any person may, if so authorised in writing by an election agent or sub-agent, pay any election expenses to a total amount not exceeding that named in the authority, but any excess above that amount so named shall be paid by the agent who authorised that person.
(5) A statement of the particulars of payments made by any person so authorised shall be sent to the agent who authorised them within the time limited by these Regulations for sending in claims, and shall be vouched for by a bill containing that person’s receipt and, where that agent is the sub-agent, he shall forward the statement, together with his authority, to the election agent.
(6) Regulations 44 and 45 do not apply to expenses which, in accordance with any provision of this regulation, are paid otherwise than by the candidate’s election agent.
41.—(1) Neither regulation 39 nor regulations 44 and 45 shall apply to election expenses—
(a)which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate’s election, but
(b)which by virtue of regulation 55(1) fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate’s election.
(2) The candidate’s election agent shall make a declaration of the amount F4... of any election expenses falling within paragraph (1).
(3) In this regulation “for the purposes of the candidate’s election” has the same meaning as in [F5regulations 55 and 57].
Textual Amendments
F4Words in reg. 41(2) omitted (27.3.2009) by virtue of The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 23(a)
F5Words in reg. 41(3) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 23(b)
42.—[F6(1) No expenses shall, with a view to promoting or procuring the election of a candidate at an election, be incurred after a person becomes a candidate by any person other than the candidate, the candidate’s election agent and persons authorised in writing by the election agent on account—
(a)of holding public meetings or organising any public display; or
(b)of issuing advertisements, circulars or publications; or
(c)of otherwise representing to the electors the candidate or the candidate’s views or the extent or nature of the candidate’s backing or disparaging a registered party or its candidates or an independent candidate.
(1A) Sub-paragraph (c) of paragraph (1) does not restrict the publication of any matter relating to the election in—
(a)a newspaper or other periodical,
(b)a broadcast made by the British Broadcasting Corporation, or
(c)a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.
(1B) Paragraph (1) does not apply to any expenses incurred by any person—
(a)which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or
(b)in travelling or living away from home or similar personal expenses.
(2) For the purposes of paragraph (1B), the “permitted sum” means £5,000; and expenses must be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (1B)) fall within paragraph (1).
(2A) For the purposes of paragraph (1), expenditure incurred before or on the date when a person becomes a candidate is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.]
(3) Where a person incurs any expenses required by this regulation to be authorised by the election agent—
(a)that person shall, within 21 days after the day on which the result of the election is declared, deliver to the agent who authorised the expenses a return of the amount of them, and
(b)the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred,
but this paragraph does not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.
(4) The authority of the agent who authorised the incurring of the expenses shall be annexed to and deemed to form part of the return.
(5) If a person—
(a)incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this regulation, or
(b)knowingly makes the declaration required by paragraph (3) falsely,
he shall be guilty of a corrupt practice; and if a person fails to deliver any declaration or return as required by this regulation he shall be guilty of an illegal practice, but the court before whom a person is convicted under this paragraph may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of regulation 97.
(6) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this regulation, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves—
(a)that the act or omission took place without his consent or connivance; and
(b)that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(7) References in this regulation to an election agent include a sub-agent.
Textual Amendments
F6Reg. 42(1)-(2A) substituted for reg. 42(1)(2) (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 24(2)
43.—(1) Sums paid out and election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in paragraph (4).
(2) The references in paragraph (1) to sums paid out and expenses incurred on behalf of a candidate include sums being paid and expenses being incurred by the election agent or by a person acting on the written authority of an election agent or sub-agent.
(3) Where any election expenses are incurred in excess of the maximum amount specified in paragraph (4), any candidate or election agent who—
(a)incurred, or authorised the incurring of, the election expenses, and
(b)knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,
shall be guilty of an illegal practice.
(4) That maximum amount is £45,000 multiplied by the number of MEPs to be returned for the electoral region at that election.
(5) The maximum amount mentioned above for a candidate at a European Parliamentary election is not required to cover the candidate’s personal expenses.
44.—(1) Every claim against a candidate or his election agent in respect of election expenses which is not sent in to the agent who incurred the expense not later than 21 days after the day on which the result of the election is declared shall be barred and not paid.
(2) All election expenses shall be paid not later than 28 days after that day.
(3) Where the agent who incurred the expense is not the election agent, he shall send to that agent, forthwith on payment of the expense, the bill and a record of the fact that he has paid it and, on receiving a receipt for that payment, shall send that receipt to that agent.
(4) An election agent or the agent who incurred the expense who pays a claim in contravention of paragraph (1) or makes a payment in contravention of paragraph (2) shall be guilty of an illegal practice.
(5) The claimant or the agent or candidate who incurred the expense may apply to the High Court or to a county court for leave to pay a claim for any election expenses, although sent in after that period of 21 days or although sent in to the candidate and not to the agent who incurred the expense, and the court on cause shown to their satisfaction may by order grant the leave.
(6) Any sum specified in the order of leave may be paid by the agent or candidate who incurred the expense and when paid in pursuance of the leave shall not be deemed to be in contravention of paragraph (2); and paragraph (3) shall apply to any such payment.
(7) References in this regulation to the agent who incurred the expense are references to the election agent or sub-agent or an agent who did so on the written authority of such an agent.
45.—(1) If the agent who incurred the expense disputes any claim sent in to him within the period of 21 days mentioned in regulation 44 or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.
(2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court, and any sum paid by the agent or candidate who incurred the expense in pursuance of the judgment or order of the court shall not be deemed to be in contravention of regulation 39(1) or of regulation 44(2).
(3) Paragraphs (5) to (7) of regulation 44 apply in relation to a disputed claim as they apply in relation to a claim for election expenses sent in after that period of 21 days.
46. So far as circumstances admit, these Regulations apply to an election agent’s claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of these Regulations and be dealt with accordingly.
47.—(1) Within 50 days after the day on which the result of the election is declared, the election agent of every candidate at the election shall deliver or cause to be delivered to the appropriate officer a true return containing as respects that candidate—
(a)a statement of all election expenses incurred by or on behalf of the candidate; and
(b)a statement of all payments made by the election agent together with all bills or receipts relating to the payments.
(2) A return under this regulation must—
(a)specify the poll by virtue of which the return is required;
(b)specify the name of the candidate to whom the return relates and of the candidate’s election agent; and
(c)deal under a separate heading with any expenses in respect of which a return is required by virtue of [F7regulation 42(3)].
(3) The return shall also contain as respects that candidate—
(a)a statement of all payments made—
(i)by the candidate in accordance with regulation 40(1) or (2), or
(ii)by any other person in accordance with regulation 40(4),
together with all bills or receipts relating to any such payments made in accordance with regulation 40(2) or (4);
(b)a statement of all disputed claims of which the election agent is aware;
(c)a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;
(d)any declarations of value falling to be made by the candidate’s election agent by virtue of regulation 41(2) or 57(2);
(e)a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of [F8regulation 55(5)];
(f)a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 4; and
(g)a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf.
(4) Where after the date at which the return as to election expenses is delivered, leave is given by the court under regulation 44(5) for any claim to be paid, the agent or candidate who incurred the expenses shall, within seven days after its payment, deliver or cause to be delivered to the appropriate officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this regulation without such authorised excuse as is mentioned in regulation 50.
(5) Regulation 44(7) applies for the interpretation of paragraph (4) as it applies for the interpretation of regulation 44.
Textual Amendments
F7Words in reg. 47(2)(c) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 25(a)
F8Words in reg. 47(3)(e) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 25(b)
48.—(1) The return delivered under regulation 47(1) shall be accompanied by a declaration made by the election agent in the appropriate form.
(2) At the same time that the election agent delivers or causes to be delivered that return, or within seven days afterwards, the candidate shall deliver or cause to be delivered to the appropriate officer a declaration made by him in the appropriate form.
(3) For the purposes of paragraphs (1) and (2), “the appropriate form” is the form in Schedule 5.
(4) Where the candidate is out of the United Kingdom when the return is so delivered—
(a)the declaration required by paragraph (2) may be made by him within 14 days after his return to the United Kingdom, and
(b)in that case, the declaration shall be forthwith delivered to the appropriate officer,
but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of these Regulations relating to the return and declaration as to election expenses.
(5) Where the candidate is his own election agent, the declaration by an election agent as to election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form in Schedule 5.
(6) If a candidate or election agent knowingly makes the declaration required by this regulation falsely, he shall be guilty of a corrupt practice.
49. Subject to the provisions of regulation 50, if a candidate or election agent fails to comply with the requirements of regulation 47 or regulation 48 he shall be guilty of an illegal practice.
50.—(1) A candidate or his election agent may apply for relief under this regulation to—
(a)the High Court;
(b)an election court; or
(c)a county court.
(2) Where a person makes an application under this regulation he shall notify the Director of Public Prosecutions for Northern Ireland of the application and the Director or his assistant or any barrister, advocate or solicitor duly appointed as the Director’s representative may attend the hearing of the application and make representations at the hearing in respect of it.
(3) Relief under this regulation may be granted—
(a)to a candidate, in respect of any failure to deliver the return and declarations as to election expenses, or any part of them, or in respect of any error or false statement in them; or
(b)to an election agent, in respect of the failure to deliver the return and declarations which he was required to deliver, or any part of them, or in respect of any error or false statement in them.
(4) The application for relief may be made on the ground that the failure, error or false statement arose—
(a)by reason of the applicant’s illness; or
(b)where the applicant is the candidate, by reason of the absence, death, illness or misconduct of his election agent or sub-agent or of any clerk or officer of such agent; or
(c)where the applicant is the election agent, by reason of the death or illness of any prior election agent of the candidate, or of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent of the candidate; or
(d)by reason of inadvertence or any reasonable cause of a like nature,
and not by reason of any want of good faith on the applicant’s part.
(5) The court may—
(a)after such notice of the application in the electoral region as it considers fit, and
(b)on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit,
make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.
(6) An order under paragraph (5) may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part of these Regulations.
(7) An order under paragraph (5) shall relieve the applicant for the order from any liability or consequences under these Regulations in respect of the matter excused by the order.
(8) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in these Regulations as the date of the allowance of the excuse.
51.—(1) Where on an application under regulation 50 it appears to the court that any person who is or has been an election agent or sub-agent has refused or failed to make such return, or to supply such particulars as willF9... enable the candidate and his election agent to comply with the provisions of these Regulations as to the return or declarations as to election expenses, the court, before making an order under that regulation, shall order that person to attend before the court.
(2) The court shall on the attendance of that person, unless he shows cause to the contrary, order him—
(a)to make the return and declaration, or
(b)to deliver a statement of the particulars required to be contained in the return,
as the court considers just, within such time, to such person and in such manner as it may direct, or may order him to be examined with respect to the particulars.
(3) If a person fails to comply with any order of the court under this section, the court may order him to pay a fine not exceeding the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale.
(4) References in this regulation to the election agent or sub-agent include a person authorised in writing by the election agent or any sub-agent to incur election expenses.
Textual Amendments
F9Reg. 51(1): comma omitted (27.3.2009) by virtue of The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 26
52. Where the appropriate officer receives any return or declaration under regulations 42, 47 or 48 in respect of a European Parliamentary election he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Electoral Commission, he shall also deliver to them a copy of any accompanying documents.
53. At a European Parliamentary election—
(a)the returning officer shall, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, publish in at least one newspaper circulating in the electoral region a notice of the time and place at which the returns and declarations (including the accompanying documents) can be inspected; but
(b)if any return or declaration has not been received by the returning officer before the notice is despatched for publication, the notice shall so state, and a like notice about that return or declaration, if afterwards received, shall within 10 days after the receipt be published in like manner.
54.—(1) Where the appropriate officer receives any return or declaration under regulation 47 (1) or 48 he shall—
(a)as soon as reasonably practicable after receiving the return or declaration make a copy of it, and any accompanying documents, available for public inspection at his office, or some other convenient place chosen by him, for a period of 12 months beginning with the date when the return is received by him;
(b)if requested to do so by any person, and on payment of the prescribed fee, supply that person with a copy of the return or declaration and any accompanying documents.
(2) If any such return contains a statement of donations in accordance with [F10paragraph 10 of Schedule 4 to these Regulations], the appropriate officer shall secure that the copy of the statement made available for public inspection under paragraph (1)(a) or (as the case may be) supplied under paragraph (1)(b) does not include, in the case of any donation by an individual, the donor’s address.
(3) After the expiry of those 12 months the appropriate officer may cause those returns and declarations (including the accompanying documents) to be destroyed.
Textual Amendments
F10Words in reg. 54(2) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 27
55.—(1) In this Part of these Regulations “election expenses” in relation to a candidate at an election means (subject to paragraph (3) and regulation 57) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 5A which is used for the purposes of the candidate’s election on or after the date when he becomes a candidate at the election.
(2) No election expenses are to be regarded as incurred by virtue of paragraph (1) or regulation 57 in respect of any matter specified in Part 2 of Schedule 5A.
(3) In this regulation and regulation 57 “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.
(4) For the purposes of this Part of these Regulations and in Schedule 5A, election expenses are incurred by or on behalf of a candidate at an election if they are incurred—
(a)by the candidate or his election agent, or
(b)by any person authorised in writing by the candidate or his election agent to incur expenses.
(5) In this Part of these Regulations and in Schedule 5A, any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses—
(a)which are incurred as mentioned in paragraph (1) on or before the date when he becomes a candidate at the election, but
(b)which by virtue of that paragraph fall to be regarded as election expenses.
(6) In this Part of these Regulations and in Part 4 and in Schedule 5A, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.]
Textual Amendments
F11Regs. 55, 56 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 28
[F1156. Schedule 5A, which makes provision for election expenses, has effect.]
Textual Amendments
F11Regs. 55, 56 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 28
57.—(1) This regulation applies where, in the case of a candidate at an election—
(a)either—
(i)property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent of the market value of the property or goods, or
(ii)property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and
(b)the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.
(2) Where this regulation applies—
(a)an amount of election expenses determined in accordance with this regulation (“the appropriate amount”) shall be treated, for the purposes of this Part of these Regulations, as incurred by the candidate, and
(b)the candidate’s election agent shall make a declaration of that amount, unless that amount is not more than £50.
This paragraph has effect subject to [F12Part 2 of Schedule 5A to these Regulations].
(3) Where paragraph (1)(a)(i) applies, the appropriate amount is such proportion of either—
(a)the market value of the property or goods (where the property or goods is or are transferred free of charge), or
(b)the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),
as is reasonably attributable to the use made of the property or goods as mentioned in paragraph (1)(b).
(4) Where paragraph (1)(a)(ii) applies, the appropriate amount is such proportion of either—
(a)the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or
(b)the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),
as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in paragraph (1)(b).
(5) Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this regulation the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).
(6) In this regulation “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 4 shall apply with any necessary modifications for the purpose of determining, for the purposes of paragraph (1), whether property or goods is or are transferred to a candidate or his election agent.
Textual Amendments
F12Words in reg. 57(2) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 29
58.—(1) A candidate at a European Parliamentary election is, subject to such reasonable terms and conditions as the universal service provider concerned may specify, entitled to send free of any charge for postage 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 electoral region which, in accordance with those terms and conditions, constitutes a delivery point for the purposes of this paragraph; or
(b)one such postal communication addressed to each elector.
(2) A candidate is also, subject as mentioned above, entitled to send free of any such charge for postage 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.
(3) A person shall not be deemed to be a candidate for the purposes of this regulation 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 regulation if he gives such security as may be required by the universal service provider concerned for the payment of postage should he not be shown as standing nominated as mentioned above.
(4) For the purposes of this regulation “elector” means a person—
(a)who is registered in the register of electors to be used at the election in the electoral region on the last day for publication of notice of the election; and
(b)includes a person who is registered in such a register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.
(5) In this regulation “universal service provider” has the same meaning as in [F13Part 3 of the Postal Services Act 2011].
Textual Amendments
F13Words in reg. 58(5) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 62(3)
59.—(1) No person shall, with intent to influence persons to give or refrain from giving their votes at a European Parliamentary election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programmes service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—
(a)the British Broadcasting Corporation; or
(b)the holder of any licence granted by the Office of Communications,
for the reception and re-transmission of that matter by that body or the holder of that licence.
(2) An offence under this regulation shall be an illegal practice, but the court before whom a person is convicted of an offence under this regulation may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of regulation 97.
(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this regulation, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—
(a)that the act or omission took place without his consent or connivance; and
(b)that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
60.—(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at a European Parliamentary election in items about the electoral region which are included in relevant services during the election period.
(2) The code for the time being adopted by a broadcasting authority under this section shall be either—
(a)a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or
(b)a code drawn up by one or more other such authorities;
and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within paragraph (a) or (b).
(3) Before drawing up a code under this section a broadcasting authority shall have regard to any views expressed by the Electoral Commission for the purposes of this regulation; and any such code may make different provision for different cases.
(4) The Office of Communications shall do all that they can to secure that the code for the time being adopted by them under this regulation is observed in the provision of relevant services; and the British Broadcasting Corporation shall observe in the provision of relevant services the code so adopted by them.
(5) For the purposes of paragraph (1) “the election period”, in relation to an election, means the period beginning with the last date for publication of notice of the election and ending with the close of the poll.
(6) In this regulation—
“broadcasting authority” means the British Broadcasting Corporation or the Office of Communications;
“candidate”, in relation to an election, means a candidate standing nominated at the election;
“relevant services”—
in relation to the British Broadcasting Corporation, means services broadcast by that body; and
in relation to the Office of Communications, means services licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996.
61. No person shall for the purpose of promoting or procuring the election of any candidate at a European Parliamentary election issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and paragraphs (2) and (3) of regulation 59 apply as if an offence under this regulation were an offence under that regulation.
62.—(1) A person who at a lawful public meeting to which this regulation applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.
(2) This regulation applies to a political meeting held in the electoral region in connection with a European Parliamentary election between the last date on which notice of election may be published in accordance with the European Parliamentary elections rules and the date of the poll.
63.—(1) If—
(a)the returning officer at a European Parliamentary election, or
(b)any officer or clerk appointed under the European Parliamentary elections rules, or
(c)any partner or clerk of any such person,
acts as an agent of a candidate in the conduct or management of the election, he shall be guilty of an offence, but nothing in this paragraph prevents a candidate from acting as his own election agent.
(2) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
64.—(1) No member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy at any European Parliamentary election.
(2) A person acting in contravention of paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, but nothing in that paragraph shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.
65.—(1) A person who, or any director of any body or association corporate which—
(a)before or during an election,
(b)for the purpose of affecting the return of any candidate at the election,
makes or publishes any false statement of fact in relation to the personal character or conduct of that candidate shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, the statement to be true.
(2) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or the county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement shall be sufficient.
66. Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.
67.—(1) No payment or contract for payment shall for the purpose of promoting or procuring the election of a candidate at an election be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—
(a)it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and
(b)the payment or contract is made in the ordinary course of that business.
(2) If any payment or contract for payment is knowingly made in contravention of this regulation either before, during or after an election—
(a)the person making the payment or contract, and
(b)if he knew it to be in contravention of these Regulations, any person receiving the payment or being a party to the contract,
shall be guilty of an illegal practice.
68.—(1) Subject to paragraph (4), a person shall not—
(a)print or publish, or cause to be printed or published, any bill, placard or poster having reference to an election or any printed document distributed for the purpose of promoting or procuring the election of a candidate, or
(b)post or cause to be posted any such bill, placard or poster as mentioned above, or
(c)distribute or cause to be distributed any printed document for that purpose,
unless the bill, placard, poster or document bears upon its face the name and address of the printer and publisher.
(2) For the purposes of paragraph (1), any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly.
(3) A candidate or election agent acting in contravention of this regulation shall be guilty of an illegal practice, and any other person so acting shall on summary conviction be liable to a fine not exceeding level 5 on the standard scale.
(4) Where any act or omission would satisfy the requirements of paragraphs (5) to (10), that act or omission shall be deemed to be lawful despite paragraphs (1) to (3).
(5) The provisions of this paragraph and paragraphs (6) to (15) apply to any material which—
(a)is, or is contained in, such a document as is mentioned in paragraph (8), (9) or (10); and
(b)can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well).
(6) No material to which paragraph (5) applies shall be published unless the requirements of paragraph (8), (9) or (10) are complied with.
(7) For the purposes of paragraphs (8) to (10) the following details are “the relevant details” in the case of any material falling within paragraph (5), namely—
(a)the name and address of the printer of the document;
(b)the name and address of the promoter of the material; and
(c)the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
[F14(7A) For the purposes of paragraph (7)(c), election material to which paragraph (7B) applies—
(a)is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting, procuring or enhancing that candidate’s electoral success or standing, but
(b)may be regarded as being published on behalf of the party mentioned in paragraph (7B).
(7B) This paragraph applies to election material which can reasonably be regarded as promoting, procuring or enhancing the electoral success or standing of two or more candidates standing in the name of a party.]
(8) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
(9) Where the material is a printed document other than one to which paragraph (8) applies, the relevant details must appear either on the first or the last page of the document.
(10) Where the material is an advertisement contained in a newspaper or periodical—
(a)the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
(b)the relevant details specified in paragraph (7)(b) and (c) must be included in the advertisement.
(11) Where any material falling within paragraph (5) is published in contravention of paragraph (6), and paragraph (3) does not apply then (subject to paragraphs (12) and (13))—
(a)the promoter of the material,
(b)any other person by whom the material is so published, and
(c)the printer of the document,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12) It shall be a defence for a person charged with an offence under paragraph (11) to prove—
(a)that the contravention of paragraph (6) arose from circumstances beyond his control; and
(b)that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
(13) Where a candidate or his election agent would (apart from this paragraph) be guilty of an offence under paragraph (11), he shall instead be guilty of an illegal practice.
(14) In paragraphs (5) to (15)—
“print” means print by whatever means, and “printer” shall be construed accordingly;
“the promoter”, in relation to any material to which this regulation applies, means the person causing the material to be published;
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.
(15) For the purpose of determining whether any material is material such as is mentioned in paragraph (5), it is immaterial that it does not expressly mention the name of any candidate.
Textual Amendments
69. If a person is, either before, during or after a European Parliamentary election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring the election of a candidate—
(a)the person so engaging or employing him, and
(b)the person so engaged or employed,
shall be guilty of illegal employment.
70. Where a person knowingly provides money—
(a)for any payment which is contrary to the provisions of these Regulations, or
(b)for any expenses incurred in excess of the maximum amount allowed by these Regulations, or
(c)for replacing any money expended in any such payment or expenses,
except where the payment or the incurring of the expenses may have been previously allowed in pursuance of regulation 98 to be an exception, that person shall be guilty of an illegal payment.
71.—(1) A person shall be guilty of a corrupt practice if he is guilty of bribery.
(2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf—
(a)gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting, or
(b)corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting, or
(c)makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at a European Parliamentary election or the vote of any voter,
or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure the return of any person at a European Parliamentary election or the vote of any voter.
For the purposes of this paragraph—
(i)references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and
(ii)references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.
(3) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at any European Parliamentary election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.
(4) The foregoing provisions of this regulation shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning a European Parliamentary election.
(5) A voter shall be guilty of bribery if before or during a European Parliamentary election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.
(6) A person shall be guilty of bribery if after a European Parliamentary election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
(7) In this regulation the expression “voter” includes any person who has or claims to have a right to vote.
72.—(1) A person shall be guilty of a corrupt practice if he is guilty of treating.
(2) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after a European Parliamentary election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—
(a)for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
(b)on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
(3) Every elector or his proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.
73.—(1) A person shall be guilty of a corrupt practice if he is guilty of undue influence.
(2) A person shall be guilty of undue influence—
(a)if he, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or
[F15(b)if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents or intends to impede or prevent the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon or intends so to compel, induce or prevail upon an elector or proxy for an elector either to vote or to refrain from voting.]
Textual Amendments
F15Reg. 73(2)(b) substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 31
74. The provisions of this Part of these Regulations prohibiting—
(a)payments and contracts for payments,
(b)the payment or incurring of election expenses in excess of the maximum amount allowed by these Regulations; or
(c)the incurring of expenses not authorised by the election agent,
do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of these Regulations.
75. Nothing in this Part makes it illegal for an employer to permit European Parliamentary electors or their proxies to absent themselves from his employment for a reasonable time for the purpose of voting at the poll at a European Parliamentary election without having any deduction from their salaries or wages on account of their absence, if the permission—
(a)is (so far as practicable without injury to the employer’s business) given equally to all persons alike who are at the time in his employment, and
(b)is not given with a view to inducing any person to record his vote for any particular candidate at the election, and
(c)is not refused to any person for the purpose of preventing him from recording his vote for any particular candidate at the election,
but this regulation shall not be construed as making illegal any act which would not be illegal apart from this regulation.