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Representation of the People Act 1983

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This is the original version (as it was originally enacted).

64Breach of official duty in local elections

(1)If a person to whom this section applies, or who is for the time being under a duty to discharge as deputy or otherwise any of the functions of such a person, 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 3 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, nor shall any action for damages lie in respect of the breach by such a person of his official duty.

(3)Those to whom this section applies are—

(a)any registration officer or person whose duty it is to prepare a corrupt and illegal practices list under section 51(2) above or clerk or assistant employed by him in connection with his official duties,

(b)any person whose duty it is to act as returning officer at or to take part in the conduct of a local government election or to be responsible after a local government election for the used ballot papers and other documents (including returns and declarations as to expenses),

and the expression " 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 local government elections or the registration of local government electors.

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