Representation of the People Act 1983

Other illegal practices, payments, employments or hirings

106 False statements as to candidates

(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, the 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.

(4) The foregoing provisions of this section do not apply to or in relation to an election of councillors in Scotland.

(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.

(8) Except in Scotland, the jurisdiction vested by subsection (3) above in the High Court in matters relating to parliamentary elections shall, subject to rules of court, be exercised by—

(a) one of the judges for the time being on the rota for the trial of parliamentary election petitions,

(b) in Northern Ireland, one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978,

sitting either in court or at chambers, or by a master of the Supreme Court in manner directed by and subject to an appeal to those judges.

(9) The jurisdiction vested by subsection (3) in a county court may, except in Northern Ireland, be exercised otherwise than in open court, and, in Northern Ireland, shall be exercised in accordance with rules of court.

An appeal lies to the High Court from any order of a county court made by virtue of subsection (3).

107 Corrupt withdrawal from candidature

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.

108 Premises not to be used as committee rooms

(1) If a person—

(a) hires or uses any premises to which this section applies, or any part of them, for a committee room for the purpose of promoting or procuring the election of a candidate, or

(b) lets any premises to which this section applies or any part of them knowing that it was intended to use them or that part as a committee room,

he shall be guilty of an illegal hiring.

(2) Where the election is an election under the local government Act, the reference in subsection (1) above to letting any premises or part of premises includes a reference to permitting the use of any premises or part of premises.

(3) This section applies to any premises—

(a) which are licensed for the sale of any intoxicating liquor for consumption on or off the premises or on which refreshment of any kind (whether food or drink) is ordinarily sold for consumption on the premises, or

(b) where any intoxicating liquor is supplied to members of a club, society or association, other than a permanent political club,

but this section does not apply to the hiring, using, letting or permitting the use of any part of premises which is ordinarily let for the purpose of—

(i) chambers, or offices, or

(ii) the holding of public meetings or of arbitrations,

if that part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as mentioned above.

(4) This section also applies—

(a) in England and Wales, to the premises of all schools maintained or assisted by a local education authority and all other schools in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b) in Scotland, to the premises of all schools other than independent schools within the meaning of the [1980 c. 44.] Education (Scotland) Act 1980; and

(c) in Northern Ireland, to the premises of all schools other than independent schools within the meaning of the [S.I. 1971/1263 (N.I. 12).] Education and Libraries (Northern Ireland) Order 1972.

For the purposes of this section, the premises of a school shall be taken to include any dwelling house which forms part of the school and is occupied by a person employed for the purposes of the school.

109 Payments for exhibition of election notices

(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

(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 liable to a fine not exceeding level 3 on the standard scale, or, in Northern Ireland, to a fine not exceeding £100.

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

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

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.