Part IV Special Provisions as to Other Local Elections
England and Wales, and Scotland
E2187Application of Act to certain local elections.
1
The following provisions of this Act—
b
Parts II and III,
c
in this Part, section 189,
so far as they apply to an election in England and Wales of—
i
. . . F3, parish or community councillors, or
ii
the chairman of a . . . F3, parish or community council or parish meeting,
have effect subject to such adaptations, modifications and exceptions as may be made by rules under section 36 F27or section 36A above, but nothing in this subsection affects the operation of section 96 or section 100 above.
2
E1187 Application of Act to certain local elections.
1
The following provisions of this Act—
b
Parts II and III,
c
in this Part, section 189,
so far as they apply to an election in England and Wales of—
i
. . . F3, parish or community councillors, or
ii
the chairman of a . . . F3, parish or community council or parish meeting,
have effect subject to such adaptations, modifications and exceptions as may be made by rules under section 36 above, but nothing in this subsection affects the operation of section 96 or section 100 above.
2
188 Parts II and III as to local elections in Scotland.
F8Except in the phrase “election to any public office” wherever it is used, references in Parts II and III and section 189 of this Act to elections or to elections under the local government Act do not include references to elections under the F9Local Government etc. (Scotland) Act 1994 other than elections of councillors.
C1C2C3189 Voting offences at certain local elections.
1
If a person—
a
votes, or induces or procures any person to vote, at an election under the local government Act which is not a local government election,
b
knowing that he or that person is prohibited by any enactment from voting at that election,
he shall be guilty of an illegal practice.
2
A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed without his knowledge or consent.
F12 The Greater London Authority
F10189A Extension of references to elections under the local government Act.
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F11190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The City
191 Municipal elections in the City.
1
For the purposes of—
b
the whole of Part II of this Act except sections 96 and 99,
c
the whole of Part III of this Act,
d
section 189 above and sections F15193 to 198 below, and
e
the whole of Part V of this Act,
“local government election” and “election under the local government Act” include a municipal election in the City (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, alderman and liverymen in common hall),
“corporate office” includes each of those offices,
“local government area” includes the City,
“clerk of the authority” means in relation to the City, the town clerk of the City,
“electoral area” means in relation to a ward election, the ward, and in relation to any other municipal election in the City, the City.
In relation to municipal elections in the City those enactments have effect subject to the modifications mentioned in sections F15193 to 196 below.
2
F17192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
193 Personation and other voting offences.
In relation to municipal elections in the City—
a
in sections 60 F18, 61 and 62A above “vote” does not include voting otherwise than on a poll; and
b
in section 61(2), paragraph (a)(ii) does not apply.
194 Broadcasting.
In relation to municipal elections in the City—
a
neither section 92 nor section 93 above apply by virtue of section 191 above to municipal elections in the City other than ward elections; and
b
for the purposes of section 93(1) a ward election shall be deemed to be pending during the period beginning—
i
in the case of an annual election three weeks before the day fixed for the election, and
ii
in other cases with the day on which the precept is issued.
and ending in all cases with the day of the poll (or, if no poll is taken, with the day fixed for the election).
195 Disturbances at meetings.
In relation to municipal elections in the City—
a
in section 97 above the reference to the day of election shall be taken as a reference to the day fixed for the election and (where a poll is taken) any day after that up to and including the day of the poll; but
b
in relation to a meeting held with reference to an election other than an annual election that section does not apply to an offence committed on or before the day on which the precept is issued.
196 Costs or expenses.
In relation to municipal elections in the City, any costs or expenses directed to be paid under section 132 F19. . . above by the authority for which the election was held shall—
a
if incurred in respect of a ward election, be paid out of the general rate; and
b
in any other case, be paid by the chamberlain of the City out of the City’s cash.
197 Candidate’s expenses: ward, and liverymen in common hall, elections.
1
For a candidate at a ward election in the City the maximum amount of election expenses is F20£266 together with an additional F215.2p for every elector (taken according to the enumeration of the ward list to be used at the election); but the provision made by section 76(6) above for increasing the maximum amount of election expenses in the event of a candidate’s death applies to the maximum amount under this subsection.
2
A candidate at an election by liverymen in common hall need not have an election agent, his maximum amount of election expenses is F22F2328.3p for every elector on the common hall register to be used at the election, and section 90 above and Schedule 4 to this Act apply at such an election as they apply to an election of parish councillors, but the form of declaration as to election expenses shall be such as may be prescribed by Act of Common Council F24and in this subsection “common hall register” means the list prepared under section 4 of the M2City of London Ballot Act 1887.
3
The Secretary of State may by order vary a maximum amount of the candidate’s election expenses specified in subsection (1) or subsection (2) above where in his opinion there has been a change in the value of money since the last occasion on which that amount was F25fixed (whether by such an order or otherwise), and the variation shall be such as in his opinion is justified by that change.
F26The power to make an order under this subsection is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
198 Effect of avoidance of election to corporate office.
In relation to the City, where a candidate who has been elected to a corporate office is—
a
by a certificate of an election court, or
b
by a decision of the High Court,
declared not to have been duly elected, acts done by him in execution of the office before the time when the certificate or decision is certified to the clerk of the authority for which the election was held shall not be invalidated by reason of that declaration.
S. 189A and preceding cross-heading inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 paras. 37 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2