Representation of the People Act 1983

129 Time for presentation or amendment of petition questioning local election.U.K.

(1)Subject to the provisions of this section, a petition questioning an election under the local government Act shall be presented within 21 days after the day on which the election was held.

(2)If the petition complains of the election—

(a)on the ground of a corrupt practice, and

(b)specifically alleges that a payment of money or other reward has been made or promised since the election by a candidate elected at the election, or on his account or with his privity, in pursuance or furtherance of that corrupt practice,

it may be presented at any time within 28 days after the date of the alleged payment or promise, whether or not any other petition against that person has been previously presented or tried.

(3)If the petition complains of the election—

(a)on the ground of an illegal practice, and

(b)specifically alleges a payment of money or other act made or done since the election by the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent, in pursuance or in furtherance of that illegal practice,

it may be presented at any time within 28 days after the date of that payment or act, whether or not any other petition against that person has been previously presented or tried.

(4)If the petition complains of an election where election expenses are allowed on the ground of an illegal practice, it may be presented at any time within 14 days after the day specified in subsection (5) below.

(5)The day referred to in subsection (4) above is—

(a)that on which the appropriate officer receives the return and declarations as to election expenses by that candidate and his election agent; or

(b)where the return and declarations are received on different days, the last of those days; or

(c)where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the excuse, or if there was a failure as regards two or more of them and the excuse was allowed at different times, the date of the allowance of the last excuse.

(6)An election petition presented within the time limited by subsection (1) or subsection (2) above may for the purpose of complaining of the election upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition complaining of the election on the ground of that illegal practice could, under this section, be presented.

In the application of this subsection to an election of councillors in Scotland, the reference in this subsection to subsection (2) above shall be omitted and for the reference to the High Court there shall be substituted a reference to the election court or the sheriff.

(7)Subsections (3), (4), (5) and (6) above apply—

(a)notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice; and

(b)to a corrupt practice under section 75 [F1or 75A] above as if it were an illegal practice.

(8)For the purposes of this section, an allegation that an election is avoided under section 164 below shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.

(9)In relation to an election where candidates are not required to have election agents there shall be omitted—

(a)the references in subsection (3) and paragraph (a) of subsection (5) above to an election agent; and

(b)paragraphs (b) and (c) of subsection (5).