The Insurance Brokers Registration Council Election Scheme Approval Order 1999

Statutory Instruments

1999 No. 3030

INSURANCE

The Insurance Brokers Registration Council Election Scheme Approval Order 1999

Made

8th November 1999

Laid before Parliament

8th November 1999

Coming into force

29th November 1999

The Treasury, in exercise of the powers conferred upon them by section 28(1) of, and paragraph 2(2)(b) of the Schedule to, the Insurance Brokers (Registration) Act 1977(1), and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation and commencement

1.  This Order may be cited as the Insurance Brokers Registration Council Election Scheme Approval Order 1999 and shall come into force on 29th November 1999.

Consequential revocation

2.  The Insurance Brokers Registration Council Election Scheme Approval Order 1980(2) is revoked.

Election Scheme

3.  The Insurance Brokers Registration Council Election Scheme 1999, as made by the Insurance Brokers Registration Council in exercise of their powers under paragraph 2(2)(a) of the Schedule to the Insurance Brokers (Registration) Act 1977 and as set out in the Schedule to this Order, is approved.

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

8th November 1999

SCHEDULEThe Insurance Brokers Registration Council Election Scheme 1999

The Insurance Brokers Registration Council, in exercise of their powers under paragraph 2(2)(a) of the Schedule to the Insurance Brokers (Registration) Act 1977(3), hereby make the following Scheme:

PART IPRELIMINARY

1.  (1)  This Scheme may be cited as the Insurance Brokers Registration Council Election Scheme 1999.

(2) Subject to the transitional provisions herein, the Insurance Brokers Registration Council Election Scheme 1979 is hereby revoked.

2.  (1)  In this Scheme, unless the context otherwise requires:—

“the Act” means the Insurance Brokers (Registration) Act 1977;

“the registered address” means the address entered in the register in respect of a registered insurance broker or such other address as may be notified from time to time to the Registrar in accordance with paragraph 9 of this Scheme.

(2) A document is published in accordance with the requirements of this Scheme, and information is published for the purposes of paragraphs 8, 15 and 24 of this Scheme, if a copy of such a document or a notice containing such information:—

(a)is sent to at least two organisations representing the interests of registered insurance brokers and to at least two newspapers or periodicals which give special attention to insurance matters;

(b)is made available for inspection at the address specified under paragraph 8(2) of this Scheme; and

(c)is sent to any person on request.

(3) Any notice or other document authorised or required to be given or sent to a registered insurance broker under this Scheme shall be sent to his address entered in the register.

3.  The requirements in paragraphs 10, 13, 20, 26, and 28 of this Scheme that documents conveying respectively nominations, withdrawals of candidates, votes, returns and protests shall be received by days fixed under any of those paragraphs mean that such documents shall be valid only if delivered to or received by post at the address specified under paragraph 8(2) of this Scheme not later than 5.00 p.m. on the day fixed for the purpose:

Provided that the Returning Officer shall accept as valid any such document sent through the post and received at the appropriate address after 5.00 p.m. on the day fixed for the purpose, or by first post on the following day, if he is satisfied by examination of the post mark, or otherwise, that it was posted on a day preceding the day fixed for the purpose, at such a time that it would normally have been received not later than that day.

PART IIMEMBERS OF THE COUNCIL REPRESENTING REGISTERED INSURANCE BROKERS

4.  Persons elected in accordance with this Scheme shall represent all insurance brokers.

5.  The persons chosen to represent all registered insurance brokers under the Insurance Brokers Registration Council Election Scheme 1979 shall have terms of office of six years from the date of election under that Scheme notwithstanding the revocation of that Scheme.

6.  (1)  Subject to paragraph 7(5), the Council shall cause elections to be held from time to time in accordance with this Scheme for the election of six members to fill vacancies arising in the membership of the Council.

(2) A member of the Council elected, or appointed under this Scheme, shall forthwith cease to hold office or shall forthwith be disqualified from taking up office after election, or appointment, if, as the case may be:

(a)he ceases to be a registered insurance broker; or

(b)he abstains without consent of the Council from attending the meetings of the Council for a period of 90 consecutive days, from the date of the first meeting of the Council which he has failed to attend; or

(c)he is adjudged bankrupt or makes any arrangement or composition with his creditors; or

(d)he is a person to whom apply the powers and provisions of Part VII of the Mental Health Act 1983(4), relating to the management of property and affairs of patients or any statutory amendment thereof.

(3) Subject to paragraph 5 and to the provisions of sub-paragraphs (2) and (4) of this paragraph the term of office of all elected members shall be six years.

(4) Subject to paragraph 7(5) of this Scheme, in the event of a casual vacancy occurring amongst the elected members of the Council elected in accordance with this scheme, or of members appointed by the Treasury under paragraph 3 in the Schedule to the Act, at a date earlier than twelve months from the due date of retirement from the Council of the member in question a separate election in accordance with this Scheme (as if the vacancy fell within paragraph 24 hereof) shall be held forthwith to elect a person to fill that vacancy such person to hold office during the remainder of the term of office of the person whose vacancy he has filled.

PART IIIRETURNING OFFICER

7.  (1)  Not less than six months before the date on which all or any of the members of the Council for the time being chosen to represent registered brokers are due to retire the Council shall appoint a Returning Officer for the election of persons to represent registered insurance brokers in succession to such members and a Deputy Returning Officer entitled to carry out the functions of the Returning Officer at such times as he is absent or unable to act.

(2) The Council shall also similarly forthwith appoint a Returning Officer and Deputy Returning Officer for an election of any person to fill a casual vacancy arising under the provisions of paragraph 6(4) of this Scheme.

(3) Any person (including the Registrar) except a member of the Council shall be eligible to be appointed as Returning Officer or Deputy Returning Officer.

(4) A Returning Officer or Deputy Returning Officer appointed under this Scheme shall cease to hold office when the election for which he is appointed (including any further election held under paragraph 24 of this Scheme) has been completed, and if either of them should previously resign his office or die or be unable to act the Council may appoint another person in his place.

(5) Nothing in this Scheme shall require the Council to cause there to be elections or to appoint a Returning Officer or Deputy Returning Officer where the Council, having consulted with the Treasury, consider it expedient for there not to be an election, in view of the likelihood, within 24 months of any elections being held, of the dissolution of the Council, or the transfer or repeal of any of its functions.

8.  (1)  Not less than five months before the date on which all or any of the members of the Council for the time being chosen to represent registered insurance brokers are due to retire the Returning Officer shall fix a nomination day and shall publish the date he has fixed for this purpose.

(2) Not less than 21 days before the nomination day thus fixed and published the Returning Officer shall send to all registered insurance brokers a notice in the form set out in Appendix A to this Scheme, specifying the address to which all nomination forms are to be returned, and the date of the nomination day, accompanied by a nomination paper as appropriate in the form set out in Appendix B to this Scheme.

9.  (1)  Whenever a fee is paid to the Council under rules made under section 8 of the Act any person, other than a practising insurance broker, shall be entitled for the purposes of this Scheme to notify the Registrar, or to revoke such notification or give a further notification, on the appropriate form of the address in the United Kingdom which is that person’s principal place of business in relation to insurance broking.

(2) No notification or revocation given under the provisions of this paragraph after a nomination day has been fixed and published under paragraph 8(1) of this Scheme and during the period of an election under this Scheme shall take effect until after the completion of such election.

PART IVNOMINATIONS

10.  (1)  A candidate for election as a member shall be nominated in writing by not less than six registered insurance brokers.

(2) A nomination shall be valid only if received by the nomination day and made in the appropriate form set out in Appendix B to this Scheme and signed by the person or persons nominating the candidate.

(3) The nominations may be comprised in more than one form but every form shall include a statement signed by the candidate identifying himself and confirming his willingness and qualification to stand as a candidate.

11.  (1)  A registered insurance broker may nominate howsoever many candidates for election as members as there are members to be elected at the election in question.

(2) If a registered insurance broker purports to nominate more candidates than he is entitled to do his signature shall be valid only on the first forms (and the first completed nomination on such forms) containing such number of nominations as he is entitled to make which are received by the Returning Officer. When two or more forms are received simultaneously at the address specified by the Returning Officer under paragraph 8(2) of this Scheme they shall be deemed for the purposes of this sub-paragraph to have been received by the Returning Officer in the order in which he in fact sees them.

12.  A person may only be nominated as a candidate for election as a person to represent registered insurance brokers if:—

(a)he is himself a registered insurance broker; and

(b)he has not within a period of 5 years ending on the nomination day fixed and published under paragraph 8(1) of this Scheme been adjudged bankrupt or made any arrangement or composition with his creditors.

13.  A candidate may withdraw his candidature by notice in writing signed by him and received by the Returning Officer by the nomination day, and in that event the nomination of that candidate shall be disregarded for the purposes of Parts V to IX of this Scheme.

PART VELECTIONS

14.  If after the expiration of the time allowed under this Scheme for nominations of candidates:—

(a)no more candidates have been nominated than there are vacancies to be filled, the Returning Officer shall forthwith declare the candidates so nominated to have been elected to fill those vacancies;

(b)more candidates have been nominated in relation to the election of members than there are such vacancies, the Returning Officer shall cause a poll to be held.

15.  (1)  When a poll is necessary the Returning Officer shall fix a polling day and shall publish:—

(a)the date thereof, which shall be not less than 21 days later than the date of such publication and shall be a date preceding the day on which the relevant members of the Council are due to retire;

(b)the names, the registered addresses (and the addresses contained in the register if different), of all candidates;

(c)subject as provided in the next following sub-paragraph, the names of registered insurance brokers nominating each candidate; and,

(d)in respect of each candidate and each person nominating such candidate:—

(i)the names of all enrolled bodies corporate of which they are directors;

(ii)all business names under which they or a partnership of which they are members carry on business as insurance brokers;

(iii)the names of all enrolled bodies corporate by which they are employed or in whose businesses they are engaged;

(iv)if they are employed or engaged as an insurance broker by a registered insurance broker or a partnership of which a registered insurance broker or an enrolled body corporate is a member, the name of the registered insurance broker or the partnership and any other business name under which such business is carried on.

(2) If the Returning Officer receives more than six nominations in relation to any one candidate, he shall invite the candidate to state which six nominations should be published in connection with the candidature.

(3) If the Returning Officer cannot obtain within four days such a statement from the candidate, he shall publish in connection with the candidature the six nominations earliest received, or where several nominations are on one form, those first mentioned therein.

(4) For the purposes of the foregoing sub-paragraph the provisions of paragraph 11(2) of this Scheme shall apply where necessary for determining the order of time in which nominations shall be deemed to have been received by the Returning Officer.

(5) The Returning Officer shall send a copy of this Scheme to each person nominated as a candidate, and shall draw attention to paragraphs 17, 25, 26 and 27 of this Scheme, which relate respectively to the publicity available to the Returning Officer, the restrictions on expenditure, the statutory declaration which candidates are required to make and the restrictions on electioneering.

16.  On a poll to elect a person or persons as a member, or members, every registered insurance broker shall be entitled to vote for that number of candidates as there are vacancies to be filled.

PART VICONDUCT OF POLLS

17.  (1)  Where a poll is to be held the Returning Officer shall as soon as may be after nomination day invite each candidate to supply within seven days particulars of his age, qualifications and career and an election address in a statement of not more than three hundred words in all.

(2) Subject to the provisions of this paragraph such statement shall be printed at the cost of the Council and sent along with the voting papers issued under paragraph 19 of this Scheme to all registered insurance brokers eligible to vote.

(3) Nothing in this paragraph shall require the Returning Officer to issue a statement of a length greater than that specified in this paragraph or to issue anything which in his opinion is or may be libellous or scandalous or untrue on matters of fact.

(4) Every candidate who supplies such a statement shall be deemed to have agreed:—

(a)that the decision of the Returning Officer not to issue the same or any part thereof shall be final; and

(b)to indemnify the Returning Officer, the Deputy Returning Officer and the Council against any liability to any third party which they may incur by reason of issuing the same or any part thereof.

18.  (1)  Where a poll is to be held the Returning Officer shall prepare voting papers and lists of candidates and nominators and Declarations of Identity together with inner and outer envelopes for them.

(2) The outer envelopes shall be addressed to the Returning Officer at the address specified under paragraph 8(2) of this Scheme.

(3) The Declarations of Identity shall be in the appropriate form set out in Appendix C to this Scheme.

(4) For the purposes of paragraph 18(1) voting papers shall be in the form set out in Appendix D and lists of candidates and nominators shall be in the form set out in Appendix E to this Scheme.

19.  (1)  The Returning Officer shall at least eight days before the polling day send to each registered insurance broker entitled to vote in the poll (but not to any registered insurance broker who has informed him in writing that on grounds of conscience he does not wish to be so entitled) a voting paper, a list of candidates and nominators, an inner envelope, an outer envelope and an appropriate form of Declaration of Identity prepared in accordance with the provisions of this Scheme along with any statements which he is required to issue under paragraph 17 of this Scheme.

(2) Each registered insurance broker entitled to vote in the poll shall be entitled to receive one voting paper, one inner envelope and one outer envelope, and no more and votes shall not be valid unless made upon a voting paper received from the Returning Officer and in accordance with the requirements of this Scheme:—

  • Provided that the Returning Officer may replace a voting paper or an envelope inadvertently spoiled if application is made to him for this purpose on or before the polling day.

20.  Votes shall be cast as follows:—

(a)The voter shall record his vote or votes on the voting paper in accordance with the instructions thereon.

(b)The voter shall enclose the voting paper in the inner envelope, seal such envelope without making any distinguishing mark, complete the Declaration of Identity and enclose in the outer envelope the Declaration of Identity and the inner envelope containing the voting paper.

(c)The voter shall return the outer envelope and its contents to the address given on the envelope so that it is received there by polling day.

21.  (1)  Immediately after the polling day the Returning Officer shall:—

(a)ascertain the validity of the votes by examination of the Declarations of Identity in the outer envelopes;

(b)when the Declarations are in order withdraw the inner envelopes from the outer envelopes and, without opening or marking them, collect them in some place away from the outer envelopes;

(c)withdraw the voting papers from the inner envelopes; and

(d)count the votes validly cast for each candidate.

(2) For the purposes of this paragraph a vote shall be deemed to have been validly cast if, but only if, it has been cast in accordance with paragraph 20 of this Scheme.

22.  If in any poll the same number of votes is cast for each of two or more candidates, the Returning Officer shall, where necessary to decide the result of the election, determine by lot which of the candidates shall be deemed to have obtained the highest or the next highest number of votes for the purposes of this Scheme.

PART VIIDECLARATION OF ELECTION

23.  (1)  When the Returning Officer declares the result of an election, he shall certify in writing:—

(a)the name of each person elected to be a member;

(b)if a poll has been held, the names of all other candidates, and the number of votes cast respectively for the persons elected and for every other candidate.

(2) The Returning Officer shall publish his certificate and shall forthwith send a copy of the same to all candidates named therein and to all members of the Council, and shall submit the certificate to the Council at their next meeting.

24.  (1)  If:—

(a)after the nomination day a candidate dies or becomes disqualified from being a candidate before an election has taken place in respect of the vacancy for which he has been nominated;

(b)a candidate who has been elected dies, resigns or becomes disqualified from taking up office as a member of the Council before the date upon which the members for the time being chosen to represent registered insurance brokers shall have retired; or

(c)after an election has taken place in accordance with the foregoing provisions of this Scheme there remains any vacancy unfilled due to an insufficiency of nominations or the withdrawal of candidates or any other cause;

the Returning Officer shall in respect only of the vacancy for which the deceased or resigning or disqualified candidate was nominated or which remains unfilled as a result of such death or other cause (as the case may be) cause a further election to be held as soon as practicable and for that purpose shall forthwith fix another nomination date and publish the date thereof, and thereafter if necessary fix another polling day and publish the date thereof, and shall proceed with the further election in accordance with the foregoing provisions of this Scheme with such modifications only as the circumstances may require:

Provided that the death, resignation or disqualification of a candidate shall not affect the validity of the nomination of another candidate and any such nomination duly made in respect of the first election shall (subject to the provisions of paragraph 30 of this Scheme) be deemed to be a valid nomination for a further election for the same vacancy held pursuant to this paragraph.

(2) For the purpose of this Scheme a candidate shall forthwith become disqualified from being a candidate if:—

(a)he ceases to be a registered insurance broker; or

(b)he is adjudged bankrupt or makes any arrangement or composition with his creditors; or

(c)he is a person to whom apply the powers and provisions of Part VII of the Mental Health Act 1983(5), relating to the management of property and affairs of patients or any statutory modification or amendment thereof.

PART VIIIEXPENSES OF CANDIDATES

25.  (1)  Other than expenditure incurred by him, or on his behalf by the Council, as the case may be under paragraphs 17(1), 17(2), 20(c) and 26 of this Scheme no sum shall be paid and no expenditure shall be incurred by or on behalf of a candidate either before, during or after an election, on account of or in respect of the conduct or management of, or in connection with, the election.

(2) No expenditure shall, with a view to promoting or procuring the election of a candidate at an election, be incurred by any other person, whether before, during or after an election.

26.  Not later than the fourteenth day after declaration of the result of an election, every candidate declared to have been elected shall furnish to the Returning Officer a statutory declaration in the form specified in Appendix F to this Scheme.

27.  (1)  No person shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote for a particular candidate at an election.

(2) No person shall, for the purpose of affecting the return of any candidate at an election, make or publish any statement or fact in relation to a candidate or nominator.

(3) No person shall, with intent to influence persons to give or refrain from giving their votes for a particular candidate, use, or aid, abet, counsel or procure the use of, any television or other wireless transmitting station for the transmission of any matter having reference to the election.

(4) No person shall make a payment, or enter into a contract for a payment, for the purpose of promoting or procuring the election of a candidate at an election 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.

(5) No person shall for the purpose of promoting or procuring the election of a candidate:—

(a)print, publish or distribute, or cause to be printed, published or distributed, any bill, placard, poster or document having reference to an election; or

(b)post, or cause to be posted, any such bill, placard, poster or document as aforesaid.

(6) No person shall hold, or procure to be held, a public or private meeting for the purpose of promoting or procuring the election of any candidate.

PART IXVALIDITY OF ELECTION

28.  The certificate of the Returning Officer published under paragraph 23 of this Scheme shall be conclusive evidence of the facts stated therein unless in respect of the election of any person a written notice of protest signed by not less than twenty-five registered insurance brokers eligible to vote in the election of the person in question is received by the Returning Officer not later than the twenty-eighth day after the publication of the certificate. Such protest may be made on one or more of the following grounds:—

(a)that the election of that person was not in accordance with the requirements of this Scheme;

(b)that there was a breach of any of the provisions of paragraph 25(2) or 27 of this Scheme in connection with the election;

(c)that the election of that person was furthered by conduct which in the case of an election regulated by the Representation of the People Act 1949(6) would be a corrupt practice by way of bribery, treating or undue influence under Sections 113, 114 and 115 of that Act (which are reproduced as Appendix G to this Scheme);

(d)that the person elected, or a person acting on his behalf, contravened the requirements of paragraph 25(1) of this Scheme, or did not comply with the requirements of paragraph 26 of this Scheme.

29.  If any candidate declared to have been elected fails to submit a statutory declaration in accordance with the requirements of paragraph 26 of this Scheme the Returning Officer shall forthwith make a report on the matter to the Council and shall send a copy thereof to every person entitled to receive a copy of his certificate under paragraph 23 of this Scheme.

30.  (1)  Any protest under paragraph 28 of this Scheme, or any report by the Returning Officer under paragraph 29 of this Scheme, shall be considered by the Council at their next meeting.

(2) The Council shall afford the person concerned an opportunity of making a reply in writing to the protest or the report, and may if they think fit hear oral statements from representatives of the persons signing the protest, from the Returning Officer and from any other persons concerned.

(3) If the Council are satisfied:—

(a)that the election of the person concerned was furthered by such conduct as is described in paragraph 28(c) of this Scheme; or

(b)that expenditure was incurred by him or on his behalf in the conduct or management of the election; or

(c)that his election was in some other respect not in accordance with the requirements of this Scheme; or

(d)that he has failed to furnish a statutory declaration as required by paragraph 26 of this Scheme; or

(e)that there was a breach of any of the provisions of paragraph 25(2) or 27 of this Scheme;

then (unless, in the case of (c), it appears to the Council that the election was conducted substantially in accordance with the requirements of this Scheme and that non-compliance with those requirements did not affect the result or unless, in the case of (e), it appears to the Council that the breach of any of the provisions of the said paragraph 25(2) or 27 did not affect the result) the Council may declare that person’s election invalid, and in that event the resulting vacancy shall be filled by a further election as provided by paragraph 24 of this Scheme.

(4) If the Council declare the election of any person invalid they shall forthwith proceed to consider whether in the circumstances of the case they should also declare that person or any other person to be disqualified from being nominated as a candidate in such further election, and if they declare him or any such person so disqualified any nomination of that person shall be rejected as invalid by the Returning Officer.

31.  Any declaration made by the Council under paragraph 30(4) of this Scheme shall be published and shall be binding upon all persons.

32.  A person elected under this Scheme shall notwithstanding paragraph 6 hereof not come into office immediately after the expiration of the term of office of the members previously chosen to represent registered insurance brokers if that person is the subject of any protest made under paragraph 28 of this Scheme or of any report made under paragraph 29 of this Scheme and such persons shall not come into office unless and until such protest or report shall have been considered and disposed of by the Council.

Made on the 2nd day of November 1999.

APPENDIX ATHE INSURANCE BROKERS REGISTRATION COUNCIL ELECTION SCHEME 1999

(See paragraph 8(2))

Form of the Notice of Election required under paragraph 8 of the Election Scheme.

APPENDIX BTHE INSURANCE BROKERS REGISTRATION COUNCIL ELECTION SCHEME 1999

(See paragraph 8(2))

Form of Nomination Paper for Candidates for election as members.

APPENDIX C

(See paragraph 18(3))

Forms of Declaration of Identity under Part VI of the Scheme.

APPENDIX D

(See paragraph 18(4))

Form of Voting Paper for election of member of the Council.

APPENDIX E

(See paragraph 18(4))

Form of List of Candidates for election as members of the Council and their nominators.

APPENDIX F

(See paragraph 26)

Form of Statutory Declaration

APPENDIX GSections 113, 114 and 115 of the Representation of the People Act 1983(7).

(See paragraph 28)

Bribery, treating and undue influence

Section 113: Bribery

(1) A person shall be guilty of a corrupt practice if he is guilty of bribery.

(2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf—

(a)gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting; or

(b)corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting; or

(c)makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any voter;

or if upon, or in consequence of any such gift or procurement as aforesaid he procures or engages, promises or endeavours to procure the return of any person at an election or the vote of any voter.

  • For the purposes of this subsection:—

    (i)

    references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and

    (ii)

    references to procuring any office shall include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(3) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.

(4) The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election.

(5) A voter shall be guilty of bribery if before or during an election he directly or indirectly by himself or by any other person on his behalf receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place, or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(6) A person shall be guilty of bribery if after an election he directly or indirectly by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(7) In this section the expression “voter” includes any person who has or claims to have a right to vote.

Section 114: Treating

(1) A person shall be guilty of a corrupt practice if he is guilty of treating.

(2) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—

(a)for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b)on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting.

(3) Every elector or proxy for an elector who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.

Section 115: Undue Influence

(1) A person shall be guilty of a corrupt practice if he is guilty of undue influence.

(2) A person shall be guilty of undue influence—

(a)if he, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting; or on account of that person having voted or refrained from voting; or

(b)if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents the free exercise of the franchise of an elector or proxy for an elector, or thereby compels, induces or prevails upon an elector or proxy for an elector either to vote or to refrain from voting.

Explanatory Note

(This note is not part of the Order)

This Order approves an election scheme made by the Insurance Brokers Registration Council in exercise of their powers under paragraph 2(2)(a) of the Schedule to the Insurance Brokers (Registration) Act 1977. The Scheme provides for the election of six members to represent registered insurance brokers on the Council. The Scheme also provides for the Insurance Brokers Registration Council, in consultation with the Treasury, to waive the need for elections on it being expedient for there not to be an election, in view of the likelihood, within 24 months of any elections being held, of the dissolution of the Council, or the transfer or repeal of any of its functions.

(1)

1977 c. 46. Paragraph 2 of the Schedule was amended by S.I. 1997/2781.

(2)

S.I. 1980/62.

(3)

1977 c. 46. Paragraph 2 of the Schedule was amended by S.I. 1999/2781.