Representation of the People Act 1983

Publicity at parliamentary elections

91Candidate's right to send election address post free

(1)A candidate at a parliamentary election is, subject to Post Office regulations, entitled to send free of any charge for postage to each elector one postal communication containing matter relating to the election only and not exceeding 2 ounces in weight.

(2)He is also, subject as mentioned above, entitled to send free of any charge for postage 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 section 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 section if he gives such security as may be required by the Post Office for the payment of postage should he not be shown as standing nominated as mentioned above.

(4)For the purposes of this section, " elector" means a person—

(a)who is registered as a parliamentary elector in the constituency in the register to be used at the election, or

(b)who, pending the publication of that register, appears in the electors lists for that register (as corrected by the registration officer) to be entitled to be so registered,

and accordingly includes a person shown in the register or electors lists as below voting age if it appears from that register or those lists that he will be of voting age on the day fixed for the poll, but not otherwise.

92Broadcasting from outside United Kingdom

(1)No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, use, or aid, abet, counsel or procure the use of, any television or other wireless transmitting station outside the United Kingdom for the transmission of any matter having reference to the election otherwise than in pursuance of—

(a)arrangements made with the British Broadcasting Corporation for it to be received and re-transmitted by that Corporation; or

(b)arrangements made with the Independent Broadcasting Authority or a programme contractor (within the meaning of the [1981 c. 68.] Broadcasting Act 1981) for it to be received by the Authority or contractor and re-transmitted by the Authority.

(2)An offence under this section shall be an illegal practice, but the court before whom a person is convicted of an offence under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below.

(3)Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this section, 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 com mission 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.

93Broadcasting during elections

(1)In relation to a parliamentary or local government election—

(a)pending such an election it shall not be lawful for any item about the constituency or electoral area to be broadcast from a television or other wireless transmitting station in the United Kingdom if any of the persons who are for the time being candidates at the election takes part in the item and the broadcast is not made with his consent; and

(b)where an item about a constituency or electoral area is so broadcast pending such an election there, then if the broadcast either is made before the latest time for delivery of nomination papers, or is made after that time but without the consent of any candidate remaining validly nominated, any person taking part in the item for the purpose of promoting or procuring his election shall be guilty of an illegal practice, unless the broadcast is so made without his consent.

(2)For the purposes of subsection (1) above—

(a)a parliamentary election shall be deemed to be pending during the period ending with the close of the poll and beginning—

(i)at a general election, with the date of the dissolution of Parliament or any earlier time at which Her Majesty's intention to dissolve Parliament is announced; or

(ii)at a by-election, with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the [1975 c. 66.] Recess Elections Act 1975 ; and

(b)a local government election shall be deemed to be pending during the period ending with the close of the poll and beginning—

(i)at an ordinary election, 5 weeks before the day fixed as the day of election in accordance with section 37 above or, in Scotland, section 43 above ; or

(ii)at an election to fill a casual vacancy, with the date of publication of notice of the election.

94Imitation poll cards

No person shall for the purpose of promoting or procuring the election of any candidate at a parliamentary election issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and subsections (2) and (3) of section 92 above apply as if an offence under this section were an offence under that section.