Representation of the People Act 1983

Other illegal practices, payments, employments or hiringsU.K.

106 False statements as to candidates.U.K.

(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 candidate’s personal character or conduct shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, that statement to be true.

(2)A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed by his agent other than his election agent unless—

(a)it can be shown that the candidate or his election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or

(b)an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

(3)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.

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any person who, before or during an election, knowingly publishes a false statement of a candidate’s withdrawal at the election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice.

(6)A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under subsection (5) above committed by his agent other than his election agent.

(7)In the application of this section to an election where a candidate is not required to have an election agent, references to an election agent shall be omitted and the reference in subsection (6) above to an illegal practice committed by an agent of the candidate shall be taken as a reference to an illegal practice committed without the candidate’s knowledge and consent.

F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(9)Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.]

107 Corrupt withdrawal from candidature.U.K.

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.

F4108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

109 Payments for exhibition of election notices.U.K.

(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 section 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 this Act, any person receiving the payment or being a party to the contract,

shall be guilty of an illegal practice.

110 Printer’s name and address on election publications. U.K.

(1)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 this section, 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 section shall be guilty of an illegal practice, and any other person so acting shall on summary conviction be [F5liable to a fine not exceeding level 5 on the standard scale].

In relation to an election where candidates are not required to have election agents the reference to an election agent shall be omitted and the reference to any person other than the candidate shall be construed accordingly.

111 Prohibition of paid canvassers.U.K.

If a person is, either before, during or after an election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a candidate’s election—

(a)the person so engaging or employing him, and

(b)the person so engaged or employed,

shall be guilty of illegal employment.

112 Providing money for illegal purposes.U.K.

Where a person knowingly provides money—

(a)for any payment which is contrary to the provisions of this Act, or

(b)for any expenses incurred in excess of the maximum amount allowed by this Act, 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 section 167 below to be an exception, that person shall be guilty of an illegal payment.