The European Parliamentary Elections (Amendment) Regulations 2009

Amendments to the 2004 Regulations

31.  For regulation 74 (details to appear on election publications) substitute the following—

“Details to appear on election publications

74.— (1) This regulation applies to any material which 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).

(2) No material to which this regulation applies is to be published unless in the case of material which is, or is contained in, such a printed document as is mentioned in paragraph (4), (5) or (6), the requirements of that paragraph are complied with.

(3) For the purposes of paragraphs (4) to (6), the following details are “the relevant details” in the case of any material falling within paragraph (2), 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).

(4) 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.

(5) Where the material is a printed document other than one to which paragraph (4) applies, the relevant details must appear either on the first or the last page of the document.

(6) 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 (3)(b) and (c) must be included in the advertisement.

(7) Where any material falling within paragraph (1) is published in contravention of paragraph (2), then (subject to paragraphs (8) and (9))—

(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.

(8) It shall be a defence for a person charged with an offence under this regulation to prove—

(a) that the contravention of paragraph (2) arose from circumstances beyond his control; and

(b) that he took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.

(9) Where a candidate or his election agent would (apart from this paragraph) be guilty of an offence under paragraph (7), he shall instead be guilty of an illegal practice.

(10) In this regulation—

“print” means print by whatever means, and “printer” is to be construed accordingly;

“the promoter”, in relation to any election material, means the person causing the material to be published; and

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.

(11) For the purpose of determining whether any material is material such as is mentioned in paragraph (1), it is immaterial that it does not expressly mention the name of any candidate.”