|
Law Forum
Law Books Adverts from Google: |
|
|||||||
|
Crown Copyright Acknowledged
Representation of the People Act 1983 (-) Search lawindexpro for case law on this statute. This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted. 3:-- (1) A convicted person during the time that he is detained in a penal institution in pursuance of his sentence ... is legally incapable of voting at any parliamentary or local election. 48:-- (1) No local government election shall be declared invalid by reason of any act or omission of the returning officer or any other person in breach of his official duty in connection with the election or otherwise of rules under section 36 or section 42 above if it appears to the tribunal having cognizance of the question that the election was so conducted as to be substantially in accordance with the law as to elections; and the act or omission did not affect its result. 60:- (1) A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation. (2) A person shall be deemed to be guilty of personation at a parliamentary or local government election if he - (a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or (b) votes in person or by post as proxy - (i) for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or (ii) when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force. (3) For the purposes of this section, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted. Offences as to declarations 62:-- (1) A person who: (a)makes a declaration of local connection or a service declaration: (i) when he is not authorised to do so by section 7B(1) or section 15(1) above, or (ii) except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or (iii) when he knows that it contains a statement which is false, or (b) attests a service declaration when he knows— (i) that he is not authorised to do so, or (ii) that it contains a false statement as to any particulars required by regulations under section 16 above, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2) Where the declaration is available only for local government elections the reference in subsection (1) above to a legal incapacity to vote refers to a legal incapacity to vote at local government elections. 81:-- (1) [within a prescribed period each election agent must deliver 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. 82:-- (1) The return [delivered] under section 81(1) above 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] that return, or within seven days afterwards, the candidate shall [deliver] to the appropriate officer a declaration made by him in [the appropriate form] ... (6) If a candidate or election agent knowingly makes a declaration required by this section falsely, he shall be guilty of a corrupt practice. 127:- An election under the local government Act may be questioned on the ground that the person whose election is questioned (a) was at the time of the election disqualified or (b) was not duly elected, or on the ground that the election was voided by corrupt or illegal practices or on the grounds provided by section 164 or 165 below, and shall not be questioned on any of those grounds except by an election petition 145:-- (1) At the conclusion of the trial of a petition questioning an election under the local government Act, the election court shall determine whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void, and the determination so certified shall be final to all intents as to the matters at issue in the petition. (2) The election court shall forthwith certify in writing the determination to the High Court. (3) Where a charge is made in the petition of any corrupt or illegal practice having been committed at the election the court shall, in addition to giving a certificate, and at the same time, make a report in writing to the High Court as required by sections 158 and 160 below and also stating whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election in the area of the authority for which the election was held or in any electoral area of that authority's area. 146.-- (1) If, on the application of any party to a petition made in the prescribed manner to the High Court, it appears to the High Court that the case raised by the petition can be conveniently stated as a special case, the High Court may direct it to be stated accordingly and the special case shall be heard before the High Court. 158 Report as to candidate guilty of a corrupt or illegal practice (1) The report of an election court under section 144 or section 145 above shall state whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of the corrupt or illegal practice. (2) For the purposes of sections 159 and 160 below- (a) if it is reported that a corrupt practice other than treating or undue influence was committed with the knowledge and consent of a candidate, he shall be treated as having been reported personally guilty of that corrupt practice, (3) The report shall also state whether any of the candidates has been guilty by his agents of any corrupt or illegal practice in reference to the election; but if a candidate is reported guilty by his agents of treating, undue influence or any illegal practice, and the court further reports that the candidate has proved to the court- (a) that no corrupt or illegal practice was committed at the election by the candidate or his election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his election agent, and (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election, and (c) that the offences mentioned in the report were of a trivial, unimportant and limited character, and (d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate of his agents, then the candidate shall not be treated for the purposes of section 159 as having been reported guilty by his agents of the offences mentioned in the report. 159 Candidate reported guilty of corrupt or illegal practice (1) If a candidate who has been elected is reported by an election court personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void. 160 Persons reported personally guilty of corrupt or illegal practices (1) The report of the election court under section 144 or section 145 above shall state the names of all persons (if any) who have been proved at the trial to have been guilty of any corrupt or illegal practice . . . (4) Subject to the provisions of subsection (4A) and section 174 below, a candidate or other person reported by an election court personally guilty of a corrupt or illegal practice- (a) shall during the relevant period specified in subsection (5) below be incapable of- (i) being registered as an elector or voting at any parliamentary election in the United Kingdom or at any local government election in Great Britain, (ii) being elected to the House of Commons, or (iii) holding any elective office; 164 Avoidance of election for general corruption etc (1) Where on an election petition it is shown that corrupt or illegal practices or illegal payments, employments or hirings committed in reference to the election for the purpose of promoting or procuring the election of any person at that election have so extensively prevailed that they may be reasonably supposed to have affected the result- (a) his election, if he has been elected, shall be void, and (b) he shall be incapable of being elected to fill the vacancy or any of the vacancies for which the election was held. 170:-- A person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice | ||||||||
| All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation. | ||||
| Home | lawindexpro | law-index | law-bytes | acts | Law Books | Discuss Law | Contact David Swarbrick | ||||
|
lawindexpro
| Two Doves Counselling
| Jigsaw Jo
| Faulty Flipper
External Sites: wrigleyclaimon |
||||
| Advertisement: | ||||
|
|
|
||
|
Wrigley Claydon are regulated by the Solicitors Regulation Authority.
29-33 Union Street Oldham OL1 1HH 0161 624 6811 www.wrigleyclaydon.com email Wrigley Claydon |
||||
| Copyright and Database Rights: David Swarbrick 2009 | ||||