C6C13C14C16C15C17C18C19C20 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Offences

C1C2C3C4C5C7C8C9C10C11C12C21C22C23C24F163 Breach of official duty.

1

If a person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

3

The persons to whom this section applies are—

a

the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

b

any F5... registration officer, returning officer or presiding officer,

c

any other person whose duty it is to be responsible after a F2parliamentary or local government election for the used ballot papers and other documents (including returns and declarations as to expenses),

d

any F3official designated by a universal postal service provider, and

e

any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by the law relating to parliamentary or local government elections or the registration of parliamentary or local government electors.

F44

Where—

a

a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but

b

he remedies that act or omission in full by taking steps under subsection (1) of that section,

he shall not be guilty of an offence under subsection (1) above.

5

Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.