Political Parties, Elections and Referendums Act 2000

Election material E+W+S+N.I.

143 Details to appear on election material. E+W+S+N.I.

(1) No election material shall be published unless—

(a) in the case of material which is, or is contained in, such a printed document as is mentioned in subsection (3), (4) or (5), the requirements of that subsection are complied with; or

(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (6) are complied with.

(2) For the purposes of subsections (3) to (5) the following details are “the relevant details” in the case of any material falling within subsection (1)(a), namely—

(a) the name and address of the printer of the document;

(b) the name and address of the promoter of the material; and

(c) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

[F1 (2A) For the purposes of subsection (2)(c), election material to which subsection (2B) applies—

(a) is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting, procuring or enhancing his electoral success or standing, but

(b) may be regarded as being published on behalf of the party mentioned in subsection (2B).

(2B) This subsection applies to election material which can be reasonably regarded as promoting, procuring or enhancing the electoral success or standing of two or more candidates standing in the name of a party or included in a list of candidates submitted by the party in connection with the election.]

(3) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(4) Where the material is a printed document other than one to which subsection (3) applies, the relevant details must appear either on the first or the last page of the document.

(5) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and

(b) the relevant details specified in subsection (2)(b) and (c) must be included in the advertisement.

(6) The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (1)(b) of the following details, namely—

(a) the name and address of the promoter of the material; and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(7) Regulations under subsection (6) may in particular specify—

(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which—

(i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.

(8) Where any material falling within subsection (1)(a) is published in contravention of subsection (1), then (subject to subsection (10))—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

(c) the printer of the document,

shall be guilty of an offence.

(9) Where any material falling within subsection (1)(b) is published in contravention of subsection (1), then (subject to regulations made by virtue of subsection (7)(b) and to subsection (10))—

(a) the promoter of the material, and

(b) any other person by whom the material is so published,

shall be guilty of an offence.

(10) It shall be a defence for a person charged with an offence under this section to prove—

(a) that the contravention of subsection (1) arose from circumstances beyond his control; and

(b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(11) In this section—

• “election material” has the meaning given by section 85(3);

• “print” means print by whatever means, and “printer” shall be construed accordingly;

• “the promoter”, in relation to any election material, means the person causing the material to be published;

• “publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.

Annotations:

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Amendments (Textual)

F1 S. 143(2A)(2B) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 66(1), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(x) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(v)

Commencement Information

I1 S. 143 partly in force; s. 143 in force for specified purposes at Royal Assent, see s. 163(3); s. 143 in force for E.W.S. at 1.1.2007 by S.I. 2006/3416, art. 3 (subject to art. 5)

I2 S. 143 (which was commenced on 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to Sch. 1 Pt. II)) was deemed not to have come into force (10.4.2001) by 2001 c. 5, s. 1(1)(a) (with s. 3(3)(4)(6))