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PART IIThe Election Campaign

Election meetings

95Schools and rooms for parliamentary election meetings

(1)Subject to the provisions of this section, a candidate at a parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use at reasonable times between the receipt of the writ and the date of the poll of—

(a)a suitable room in the premises of a school to which this section applies;

(b)any meeting room to which this section applies.

(2)This section applies—

(a)in England and Wales, to county schools and voluntary schools of which the premises are situated in the constituency or an adjoining constituency, and

(b)in Scotland, to any school of which the premises are so situated, not being an independent school within the meaning of the [1980 c. 44.] Education (Scotland) Act 1980,

but a candidate is not entitled under this section to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this section applies.

(3)This section applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.

(4)Where a room is used for a meeting in pursuance of the rights conferred by this section, the person by whom or on whose behalf the meeting is convened—

(a)may be required to pay for the use of the room a charge not exceeding the amount of any actual and necessary expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

(b)shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

(5)A candidate is not entitled to exercise the rights conferred by this section except on reasonable notice; and this section does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6)The provisions of Schedule 5 to this Act have effect with respect to the rights conferred by this section and the arrangements to be made for their exercise.

(7)For the purposes of this section (except those of paragraph (b) of subsection (4) above), the premises of a school shall not be taken to include any private dwelling house, and in this section—

(a)the expression " meeting room " means any room which it is the practice to let for public meetings ; and

(b)the expression "room" includes a hall, gallery or gymnasium.

(8)This section does not apply to Northern Ireland.

96Schools and rooms for local election meetings

(1)Subject to the provisions of this section, a candidate at a local government election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use free of charge at reasonable times between the notice of election and the day preceding the day of election of—

(a)in England and Wales, a suitable room in the premises of a county or voluntary school situated in the electoral area for which he is a candidate, or, in a parish or community, as the case may be, in part comprised in that electoral area;

(b)in Scotland, a suitable room in the premises of any school (not being an independent school within the meaning of the [1980 c. 44.] Education (Scotland) Act 1980) situated in the electoral area for which he is a candidate (or, if there is no such school in the area, in any such school in an adjacent electoral area) or any suitable room the expense of maintaining which is payable by the council of an islands area or district.

(2)Where a room is used for a meeting in pursuance of the rights conferred by this section, the person by whom or on whose behalf the meeting is convened shall defray any expense incurred by the persons having control over the room or any damage done to the school premises or to the furniture, fittings or apparatus in them.

(3)A candidate is not entitled to exercise rights conferred by this section except on reasonable notice; and this section does not authorise the use of any room used as part of a private dwelling house or any interference with the hours during which the school premises are used for educational purposes.

(4)Any question arising under this section as to what is reasonable or suitable shall be determined in England or Wales by the Secretary of State, and in Scotland, where the question arises in relation to a room in the premises of a school, by the persons having control of the school and, in the case of a room maintained by a council, by that council.

97Disturbances at election meetings

(1)A person who at a lawful public meeting to which this section 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 section applies to—

(a)a political meeting held in any constituency between the date of the issue of a writ for the return of a member of Parliament for the constituency and the date at which a return to the writ is made;

(b)a meeting held with reference to a local government election in the electoral area for that election on, or within three weeks before, the day of election.

(3)If a constable reasonably suspects any person of committing an offence under subsection (1) above, he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, and—

(a)if he refuses or fails so to declare his name and address or

(b)if the constable reasonably suspects him of giving a false name and address,

the constable may without warrant arrest him.

This subsection does not apply in Northern Ireland.

98Premises not affected for rates

The use of any premises for the holding of public meetings in furtherance of any person's candidature at a parliamentary or local government election does not render any person liable to be rated or to pay any rate for the premises.