Electoral Law Act (Northern Ireland) 1962

PART VI N.I. THE ELECTION CAMPAIGN

34 Appointment of election agent. N.I.

(1) Not later than the latest time for the delivery of notices of withdrawals for an election, a person shall be named by or on behalf of each candidate as the candidate's election agent, and the name and address of the candidate's election agent shall be declared in writing by the candidate or some other person on his behalf to the returning officer not later than that time.

(2) A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Act both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Act to an election agent shall be construed as referring to the candidate acting in his capacity of election agent.

(3) One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.

(4) If whether before, during or after the election the appointment[F1 (or, at a local election, a deemed appointment)] of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the returning officer.

[F2 (4A) The declaration as a candidate's election agent at a local election of a person (“P”) other than the candidate is of no effect under this section unless it is made and signed by P or is accompanied by a written declaration of acceptance signed by P.]

(5) Upon the name and address of an election agent being declared to the returning officer, the returning officer shall forthwith give public notice of that name and address.

F1 SI 1987/168

F2 S. 34(4A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 4 (with art. 1(3))

35 Sub-agents at parliamentary elections. N.I.

(1) An election agent of a candidate at a parliamentary election for a county constituency may appoint one deputy election agent (in this Act referred to as a sub-agent) to act within each polling district and no more.

(2) As regards matters in a polling district the election agent may act by the sub-agent for that district, and anything done for the purposes of this Act by or to the sub-agent in his district shall be deemed to be done by or to the election agent, and any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and the candidate shall suffer the like incapacity as if the said act or default had been the act or default of the election agent.

(3) Not later than two days before the day of the poll, the election agent shall declare in writing to the returning officer the name and address of every sub-agent and the returning officer shall forthwith give public notice of the name and address of every sub-agent so declared.

(4) The appointment of a sub-agent shall not be vacated by the election agent who appointed him ceasing to be election agent, but may be revoked by the election agent for the time being of the candidate, and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the returning officer, who shall forthwith give public notice of the name and address so declared.

36 Offices of election agent and sub-agent. N.I.

(1) Every election agent and every sub-agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be declared to the returning officer at the same time as the appointment of the agent, and shall be stated in the public notice of the name of the agent.[F3 At a local election, this subsection shall have effect as if after the words appointment of the agent there were inserted the words is declared to him.]

(2) The office of the election agent shall, if for a parliamentary election, be within the constituency and, if for a local election within the local government electoral area,…F4 , and the office of a sub-agent shall be within his polling district…

F4 (3) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub-agent and addressed to him shall be deemed to have been served on him, and every election agent or sub-agent may be sued in any court having jurisdiction at the place where his office is situate, in respect of any matter which is connected with the election in which he is acting and is within the competence of that court.

F3 SI 1987/168

F4 1972 NI 13

37 Default in appointing election agent. N.I.

(1) If no person's name and address are declared as required by section thirty-four as the election agent of a candidate who remains validly nominated at the latest time for delivery of notices of withdrawals, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent.

(2) If the person whose name and address have been so declared as those of the candidate's election agent (not being the candidate himself) dies and a new appointment is not made on the day of the death or on the following day, the candidate shall be deemed to have appointed himself as from the time of the death.

(3) If the appointment of a candidate's election agent is revoked without a new appointment being made, the candidate himself shall be deemed to have been appointed (or re-appointed) election agent.

[F5 (3A) At a local election the deemed appointment of a candidate as his own election agent may be revoked as if it were an actual appointment.]

(4) Where a candidate is by virtue of this section to be treated as his own election agent, he shall be deemed to have his office at his address as given in the statement as to persons nominated or, if that address is not in the constituency or local government electoral area…F6 , at the qualifying address of the person named in that statement as his proposer.

(5) The returning officer on being satisfied that a candidate is by virtue of this section to be treated as his own election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections thirty-four and thirty-six.

F5 SI 1987/168

F6 1972 NI 13

[F7 37A Control of donations to candidates at local elections N.I.

(1) In the case of any candidate (“C”) at a local election, any money or other property provided (whether as a gift or loan)—

(a) by any person other than C or C's election agent, and

(b) for the purpose of meeting election expenses incurred by or on behalf of C,

must be provided to C or C's election agent.

(2) Subsection (1) does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than C or C's election agent.

(3) Schedule 3A has effect for the purpose of controlling donations to candidates.

(4) In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.]

F7 S. 37A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 5 (with art. 1(3))

38 Making of contracts through election agent. N.I.

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 S. 38 omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 6 (with art. 1(3))

[F9 39 Payment of expenses through an election agent N.I.

(1) Subject to subsection (3), no payment (of whatever nature) may be made by—

(a) a candidate at an election, or

(b) any other person,

in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate's election agent.

(2) Every payment made by an election agent in respect of any election expenses must, except where less than £20, be vouched by a bill stating the particulars or by a receipt.

(3) This section does not apply to—

(a) any expenses which are, in accordance with section 40(1) or (1A), 43(3) or 44(2), paid by the candidate;

(b) any expenses which are paid in accordance with section 40(2) by a person authorised as mentioned in that provision;

(c) any expenses included in a declaration made by the election agent under section 40A;

(d) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of section 52A(5).]

F9 S. 39 substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 7 (with art. 1(3))

40 Personal expenses of candidate and petty expenses at an election. N.I.

F10 [(1) The candidate at an election may pay any personal expenses (as defined by this Act) incurred by him on account of or in connection with or incidental to the election but the amount which a candidate at a parliamentary election may so pay shall not exceed 100 and any further personal expenses so incurred by him shall be paid by his election agent.]

[F11 (1A) The candidate at a local election may also pay any election expenses (other than expenses falling within subsection (1)) which were incurred by the candidate or on the candidate's behalf and in respect of which payment falls to be made before the date on which an election agent is appointed (or deemed to have been appointed).]

(2) Any person may, if so authorised in writing by the election agent of the candidate at [F10 an election], pay any necessary expenses for stationery, postage, telegrams [F12 (or any similar means of communication)] and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

(3) Within the time limited by this Act for sending in claims—

(a) the candidate at [F10 an election] shall send to his election agent a written statement of the amount of [F13 expenses paid as mentioned in subsections (1) and (1A)];

(b) any such person as is referred to in sub-section (2) shall give to the election agent a written statement of particulars of all payments made by him and shall on receiving repayment of the amount of such payments give the election agent a receipt therefor.

(4) All such payments as are referred to in sub-section (3) shall be included by the election agent in his return of expenses made under section forty-six, and for the purposes of that section the statement and receipt given under paragraph ( b) of sub-section (3) shall be the relevant bill and receipt for the payments to which they relate.

F10 1972 NI 13

F11 S. 40(1A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 8(2) (with art. 1(3))

F12 Words in s. 40(2) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 8(3) (with art. 1(3))

F13 Words in s. 40(3)(a) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 8(4) (with art. 1(3))

[F14 40A Expenses incurred at a local election otherwise than for election purposes N.I.

(1) Sections 39, 43 and 44 do not apply to election expenses—

(a) which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate's election, but

(b) which by virtue of section 52A(1) fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate's election.

(2) The candidate's election agent must make a declaration of the amount of any election expenses falling within subsection (1).

(3) In this section “for the purposes of the candidate's election” has the same meaning as in sections 52A and 52B.]

F14 S. 40A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 9 (with art. 1(3))

41 Prohibition of unauthorised expenses. N.I.

(1) Subject to [F15 subsections (2) to (3)], no expenses shall, with a view to promoting or procuring the election of a candidate at an election, be incurred [F16 after a person becomes a candidate] by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account—

(a) of holding public meetings or organising any public display; or

(b) of issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate; or

(d) of the hire or provision of vehicles for the conveyance of voters to or from the poll.

[F17 (1A) For the purposes of subsection (1) expenditure incurred before or on the date when a candidate becomes a candidate at a local election is to be treated as having been incurred after that date if it is incurred in connection with anything which is used or takes place after that date.]

(2) Paragraph ( c) of sub-section (1) shall not—

[F18 (i) restrict the publication of any matter relating to the election in—

(a) a newspaper or other periodical;

(b) a broadcast made by the British Broadcasting Corporation; or

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996; or]

(ii) apply to any expenses[F19 incurred by any person which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action)], or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

[F19 (2A) For the purposes of subsection (2)(ii)—

(a) the permitted sum means £50 together with an additional 0.5p for every entry in the register of local electors for the district electoral area in question as it has effect on the last day for publication of notice of the election; and

(b) expenses are to be regarded as incurred by a person as part of a concerted plan of action if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view of promoting or procuring the election of the same candidate, expenses which (disregarding subsection (2)(ii)) might fall within subsection (1) above.]

(3) Paragraph ( d) of sub-section (1) shall not—

(i) apply to the provision or use by its owner, for the purpose of conveying voters to or from the poll, of any vehicle, not being a vehicle ordinarily used for letting or hiring, where no payment or reward is made or promised by any person to the owner of the vehicle in respect of its provision or use for such purpose;

(ii) apply to the letting, hiring, employing or using of a vehicle by a voter or several voters at their joint cost for the purpose of conveying him or them to or from the poll at any election.

Subs.(4) rep. by 1972 NI 13

(5) Every person authorised by the election agent under sub-section (1) to incur expenses at [F20 an election] shall—

(a) within seven days after the day on which the result of the election is declared, send to the election agent a written statement containing particulars of all expenses incurred by him and such expenses shall for all the purposes of this Act be regarded as expenses incurred by the election agent;

(b) within fourteen days after the day on which the result of the election is declared send to the returning officer a return of the amount of those expenses, stating the election at which and the candidate in whose support they were incurred, and the return shall be accompanied by a declaration made by the said person (or in the case of an association or body of persons, by a director, general manager, secretary or other like officer thereof) verifying the return and giving particulars of the matters for which the expenses were incurred:

Provided that paragraph (b) shall not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.[F21 At a local election, paragraph (b) of this subsection shall have effect as if for the words fourteen and send there were substituted twenty‐one and deliver, respectively.]

(6) The return and declaration under the foregoing provisions of this section shall be respectively in the forms numbered 2 and 3 in the Tenth Schedule, and the authority received from the election agent shall be annexed to and deemed to form part of the return.

F15 Words in s. 41(1) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 10(2)(a) (with art. 1(3))

F16 Words in s. 41(1) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 10(2)(b) (with art. 1(3))

F17 S. 41(1A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 10(3) (with art. 1(3))

F18 S. 41(2)(i) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 10(4) (with art. 1(3))

F19 SI 2001/417

F20 1972 NI 13

F21 SI 1987/168

42 [F22 Limitation of election expenses] N.I.

(1) No sum shall be paid and no expense shall be incurred by a candidate at [F23 an election] or his election agent, whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount, which [F23 for a candidate at a parliamentary election is an amount equal to two-and-a-half new pence for each parliamentary elector on the[F24 current register [F25 . This subsection does not apply at a local election.]

[F26 (1ZA) The election expenses incurred by or on behalf of a candidate at a local election must not in the aggregate exceed the maximum amount specified in subsection (1ZB).

(1ZB) The maximum amount is £600 together with 5p for every entry in the register of electors.]

[F27 (1A) In subsection [F28 (1ZA)] the register of electors means the register of local electors for the district electoral area in question as it has effect on the last day for publication of notice of the election.]

(2) The said maximum amount [F29 for a candidate at a parliamentary election] shall not be required to cover—

(a) any personal expenses incurred by the candidate; or

(b) the fee, if any, paid by a candidate to his election agent—

(i) in a county constituency, to an amount not exceeding seventy-five pounds;

(ii) in a borough constituency or the university constituency, to an amount not exceeding fifty pounds.

(3) Where there are two or more joint candidates the maximum amount of expenses —

[F24 (a)] [F24 at a parliamentary election] shall be the amount produced by multiplying by one-and-a-half the amount applicable under sub-section (1) to a separate candidate and dividing the result by the number of joint candidates;[F24 and]

[F24 (b)] [F24 at a local election shall, for each of twoF30 . . . joint candidates, be reduced by one-fourth or, if there are more than two joint candidates, by one-third.]

(4) Where two or more candidates appoint the same election agent or by themselves or any agent or agents—

(a) employ or use the services of the same polling agents, clerks or messengers at the election; or

(b) hire or use the same committee rooms for the election; or

(c) publish a joint address or joint circular or notice at the election;

those candidates shall be deemed to be joint candidates:

Provided that the employment and use of the same polling agent, clerk, messenger or committee room, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates.

(5) Nothing in sub-section (4) shall prevent candidates from ceasing to be joint candidates; but such a cesser shall take effect only when the returning officer receives a notice, signed by each joint candidate, of his intention to become a separate candidate, and notifying the name and address of the election agent appointed by him as such separate candidate.

(6) Where—

(a) any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate;

(b) the change was made in good faith;

(c) the excess is not more than what under the circumstances is reasonable; and

(d) the total election expenses of the candidate do not exceed the maximum amount allowed for a separate candidate;

the excess shall be deemed to have arisen from a reasonable cause for the purposes of section one hundred and seven.

[F31 (7) Where at a local election a poll is countermanded or abandoned by reason of a candidate's death, the maximum amount of election expenses shall, for any of the other candidates who remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by any change in timing.]]

F22 S. 42 heading substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(2) (with art. 1(3))

F23 1972 NI 13

F24 SI 1985/454

F25 Words in s. 42(1) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(3) (with art. 1(3))

F26 S. 42(1ZA)(1ZB) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(4) (with art. 1(3))

F27 SI 2001/417

F28 Word in s. 42(1A) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(5) (with art. 1(3))

F29 1972 NI 13

F30 SI 1990/595

F31 S. 42(7) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(6) (with art. 1(3))

43 Time for sending in and paying claims. N.I.

(1) Every claim against a candidate or his election agent in respect of expenses at [F32 an election] which is not sent into the election agent within fourteen days after the day on which the result of the election is declared shall be barred and not paid.[F33 At a local election, this subsection, subsection (3) and section 44(4) shall have effect as if for the word fourteen there were substituted twenty‐one.]

(2) All such election expenses shall be paid within twenty-eight days after the said day.

(3) The High Court or the county court, on an application by the claimant or the candidate or his election agent, may on cause shown to the satisfaction of the court by order grant leave for the payment of a claim for any expenses at [F32 an election] although sent in—

(a) after the said period of fourteen days; or

(b) to the candidate and not to the election agent;

and any sum paid by the candidate or election agent in pursuance of such an order shall be deemed to have been paid in compliance with sub-section (2).

Subs.(4) rep. by 1978 c.23

F32 1972 NI 13

F33 SI 1987/168

44 Disputed claims. N.I.

(1) If the election agent disputes any claim duly sent in to him under section forty-three or refuses or fails to pay the claim within the period of twenty-eight days so provided, the claim shall be deemed to be a disputed claim.

(2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court, and any sum paid by the candidate or his agent in pursuance of the judgment or order of the court shall not be deemed to be in contravention of sub-section (1) of section thirty-nine or of sub-section (2) of section forty-three.

(3) If the defendant in the action admits his liability but disputes the amount of the claim, the said amount shall, unless the court on the application of the plaintiff otherwise directs, be forthwith referred for taxation to the proper officer of the court and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

(4) Sub-sections (3) F34 . . . of section forty-three shall apply in relation to a disputed claim as [F35 it applies] in relation to a claim for election expenses sent in after the said period of fourteen days.

F34 Words in s. 44(4) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 12 (with art. 1(3))

F35 Words in s. 44(4) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 12 (with art. 1(3))

45 Claim by election agent at an election. N.I.

So far as circumstances admit, this Act shall apply to a claim for his remuneration by an election agent at [F36 an election] and to the payment thereof in like manner as if he were any other creditor, and if any difference arises respecting the amount of the claim, the claim shall be a disputed claim within the meaning of this Act and be dealt with accordingly.

F36 1972 NI 13

46 [F37 return as to election expenses] N.I.

(1) Within thirty-five days after the day on which the result of the election is declared, the election agent of every candidate at [F38 an election] shall transmit to the returning officer a true return F39 . . . containing as respects [F40 that candidate—

(a) a statement of all payments made by the election agent together with all the relevant bills or receipts; and

(b) a statement of all the election expenses incurred by or on behalf of that candidate.]

[F41 (2) A return under this section must—

(a) specify the poll by virtue of which the return is required;

(b) specify the candidate's name and the election agent's name;

(c) deal under a separate heading with any expenses in respect of which a return is required by virtue of section 41(5); and

(d) deal under a separate heading with any expenses that are on account of remuneration or expenses of speakers at public meetings.

(3) The return must also contain as respects that candidate—

(a) a statement of all payments made—

(i) by the candidate in accordance with section 40(1) or (1A), or

(ii) by any other person in accordance with section 40(2),

together with all bills or receipts relating to any such payments made in accordance with section 40(1A) or (2);

(b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;

(d) any declarations of value falling to be made by the candidate's election agent by virtue of section 40A(2) or 52B(2);

(e) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 52A(5);

(f) a statement of donations made to the candidate or the candidate's election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 3A; and

(g) a statement of the amount, if any, of money provided by the candidate from the candidate's own resources for the purpose of meeting election expenses incurred by the candidate or on his or her own behalf.]

(5) Where after the date at which the return as to election expenses is transmitted, leave is given by the court under sub-section (3) of section forty-three for any claims to be paid, the candidate or his election agent shall, within seven days after the payment thereof, transmit to the returning officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave; and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as is mentioned in section forty-nine.

(6) Notwithstanding anything in this section or in section forty-seven, no return or declaration as to election expenses shall be required in the case of a person—

(a) who is a candidate at an election but is so only because he has been declared by others to be a candidate; and

(b) who has not consented to the declaration or taken any part as a candidate in the election.

[F42 (7) At a local election, subsections (1) and (5) shall have effect as if for the word transmit in each place where it occurs there were substituted deliver and for the word transmitted in subsection (5) there were substituted delivered.]

F37 S. 46 heading substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(2) (with art. 1(3))

F38 1972 NI 13

F39 Words in s. 46(1) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(3)(a) (with art. 1(3))

F40 Words in s. 46(1) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(3)(b) (with art. 1(3))

F41 S. 46(2)(3) substituted (16.12.2010) for s. 46(2)-(4) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(4) (with art. 1(3))

F42 SI 1987/168

47 Declarations as to expenses at a parliamentary election. N.I.

(1) The return transmitted under sub-section (1) of section forty-six shall be accompanied by a declaration made by the election agent F43 . . . in the form numbered 5 in the Tenth Schedule.

(2) At the same time that the election agent transmits the said return, or within seven days afterwards, the candidate shall transmit or cause to be transmitted to the returning officer a declaration made by him F43 . . . in the form numbered 5 in the Tenth Schedule:

Provided that where the candidate is out of the United Kingdom when the return is so transmitted, the declaration required by this sub-section may be made by him within fourteen days after his return to the United Kingdom, and in that case shall be forthwith transmitted to the returning officer, but the delay hereby authorised in making the declaration shall not exonerate the election agent from complying with the provisions of this Act as to the return and declaration as to election expenses.

(3) Where the candidate is his own election agent, the declaration by an election agent as to election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form in the said Schedule.

[F44 (4) At a local election, subsections (1) and (2) shall have effect as if for the word transmitted in each place where it occurs in subsection (1) and the proviso to subsection (2) there were substituted delivered and for the words transmits and transmit or cause to be transmitted in subsection (2) there were substituted respectively delivers and deliver.]

F43 Words in s. 47(1)(2) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 14 (with art. 1(3))

F44 SI 1987/168

48 Penalty for sitting or voting after failure to transmit return and declarations. N.I.

(1) If with respect to any candidate the return and declarations as to election expenses are not transmitted before the expiration of the time limited for the purpose, that candidate shall not after the expiration of that time sit or vote in the House of Commons as a member for the constituency in which the election was held either until the said return and declarations have been transmitted or until the date of the allowance of an authorised excuse under section forty-nine.[F45 At a local election this subsection shall have effect as if for the word transmitted, in each place where it occurs, there were substituted delivered.]

(2) A person who, in contravention of sub-section (1), sits or votes in the House of Commons shall forfeit one hundred pounds for every day on which he so sits or votes.

F46 [(2A) In the application of subsections (1) and (2) to a candidate at a local election—

(a) the reference to sitting and voting in the House of Commons as a member for a constituency for which the election was held shall be taken as a reference to sitting or voting in the district council for the district for which the election was held; and

(b) fifty pounds shall be substituted for one hundred pounds and, instead of civil proceeding for a penalty, summary proceedings may be instituted in a court of summary jurisdiction and the person charged shall be liable, on conviction, to a fine of an amount not exceeding the amount of the penalty which would be recoverable in civil proceedings.]

(3) A proceeding under sub-section (2) shall be commenced within one year after the date of the contravention and for the purpose of this sub-section a proceeding shall be deemed to be commenced—

(a) where the service or execution of a writ or other process is prevented by the absconding or concealment or act of the alleged offender, by the issue of the writ or process;

(b) in any other case, by the service or execution of the writ or process on or against the alleged offender.

F45 SI 1987/168

F46 1972 NI 13

49 Authorised excuses for failures as respects return and declarations. N.I.

(1) The High Court, an election court or the county court may on the application of a candidate or his election agent grant relief in accordance with this section.

[F47 (1A) Where a person makes an application under this section in respect of the return and declaration as to election expenses at a local election, he shall notify the Director of Public Prosecutions for Northern Ireland of the application and the Director or his assistant or any barrister or solicitor duly appointed as the Director's representative may attend the hearing of the application and make representations at the hearing in respect of it.]

(2) Relief under this section may be granted—

(a) to a candidate, in respect of any failure to transmit the return and declarations as to election expenses, or any part of them, or in respect of any error or false statement therein; or

(b) to an election agent, in respect of the failure to transmit the return and declarations that he is required to transmit or any part of them or in respect of any error or false statement therein.

[F47 At a local election this subsection shall have effect as if for the word transmit, in each place where it occurs, there were substituted deliver.]

(3) The application for relief may be made on the ground that the failure, error or false statement arose—

(a) by reason of the illness of the applicant; or

(b) where the applicant is the candidate, by reason of the absence, death, illness or misconduct of his election agent or sub-agent or of any clerk or officer of such agent; or

(c) where the applicant is the election agent, by reason of the death or illness of any prior election agent of the candidate, or of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent of the candidate; or

(d) by reason of inadvertence or any reasonable cause of a like nature;

and not by reason of any want of good faith on the part of the applicant.

(4) The court may, after such notice of the application in the constituency and on production of such evidence of the grounds stated in the application and of the good faith of the application and otherwise as to the court seems fit, make such order for allowing an authorised excuse for the failure, error or false statement as to the court seems just.

(5) Where it is proved to the court by the candidate that any act or omission of the election agent in relation to the return and declarations was without the sanction or connivance of the candidate, and that the candidate used all reasonable means for preventing the act or omission, the court shall relieve the candidate from the consequences of the act or omission of his election agent.

(6) An order under sub-section (4) may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part.

(7) An order under sub-section (4) shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order.

(8) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse.

(9) The jurisdiction conferred on the High Court by this section may, subject to rules of court, be exercised by a judge sitting either in court or at chambers.

(10) An appeal shall lie to the High Court from any order of a county court made by virtue of this section.

F47 SI 1987/168

50 Power of court to require information from election agent or sub-agent. N.I.

(1) Where on an application to the county court under section forty-nine it appears to that court that any person who is or has been an election agent or sub-agent has refused or failed to make such return, or to supply such particulars, as will enable the candidate and his election agent respectively to comply with the provisions of this Act as to the return or declarations as to election expenses, the court before making an order under the said section, shall order that person to attend before the court.

(2) The court shall on the attendance of that person, unless he shows cause to the contrary, order him to make the return and declaration, or to deliver a statement of the particulars required to be contained in the return, as to the court seems just, within such time, to such person and in such manner as the court may direct, or may order him to be examined with respect to the particulars.

(3) If a person fails to comply with any order of the court under this section, the court may order him to pay a fine not exceeding five hundred pounds.

[F48 At a local election this subsection shall have effect as if for the words five hundred pounds, there were substituted the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale.]

(4) Rules of court may make in relation to the High Court and an election court the like provision as is made in relation to a county court by sub-sections (1) to (3).

F48 SI 1987/168

51 Publication of summary of return as to election expenses at elections. N.I.

At [F49 an election] the returning officer shall, within ten days after he receives from the election agent of a candidate a return as to election expenses, publish in two or more newspapers circulating in the constituency for which the election was held, a summary of the return accompanied by a notice of the time and place at which the return and declarations (including the accompanying documents) can be inspected.

F49 1972 NI 13

52 Inspection of returns and declarations. N.I.

[F50 (1) Where the returning officer receives any return or declaration under section 41 or 46 the officer must—

(a) make a copy of the return or declaration, and any accompanying documents, available for public inspection at an appropriate place and at all reasonable times for the period of 12 months beginning with the date on which they are received by the officer; and

(b) if requested to do so by a person, and on payment of a fee of 20p for each side of each page, supply the person with a copy of the return, declaration or accompanying documents or any part of them.

(1A) In subsection (1) “appropriate place” means—

(a) the office of the returning officer; or

(b) some other convenient place chosen by the returning officer.

(1B) If a return under section 46 contains a statement of donations in accordance with paragraph 10 of Schedule 3A the returning officer must ensure that any copy of the statement made available for public inspection or supplied under subsection (1) excludes the address of any individual who has made a donation.]

(2) After the expiration of the said [F51 12 months] the returning officer may cause all such returns and other documents as are referred to in sub-section (1) to be destroyed or—

(a) if the candidate or his election agent so requires shall return to the candidate all such documents other than those sent under section forty-one;

(b) if the person sending such documents under section forty-one so requires, shall return to that person the documents sent by him.

F50 S. 52(1)-(1B) substituted (16.12.2010) for s. 52(1) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 15(2) (with art. 1(3))

F51 Words in s. 52(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 15(3) (with art. 1(3))

[F52 52A Meaning of “election expenses” at a local election N.I.

(1) In this Part “election expenses” in relation to a candidate at a local election means (subject to subsection (2) and section 52B) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 3B which is used for the purposes of the candidate's election after the date when the candidate becomes a candidate at the election.

(2) No election expenses are to be regarded as incurred by virtue of subsection (1) or section 52B in respect of any matter specified in Part 2 of Schedule 3B.

(3) In this section and in section 52B, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.

(4) For the purposes of this Part election expenses are incurred by or on behalf of a candidate at an election if they are incurred—

(a) by the candidate or the candidate's election agent, or

(b) by any person authorised by the candidate or the candidate's election agent to incur expenses.

(5) A reference in this Part to a candidate at an election, in relation to election expenses, includes (where the context allows) a reference to a person who becomes a candidate at the election after the expenses are incurred.

(6) In this Part and in Parts 9 and 10, any reference (in whatever terms) to promoting or procuring a candidate's election at a local election includes doing so by prejudicing the electoral prospects of another candidate at the election.

(7) Schedule 3B has effect.

F52 Ss. 52A, 52B inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 16 (with art. 1(3))

52B Property, goods, services etc provided free of charge or at a discount N.I.

(1) This section applies where, in the case of a candidate at a local election—

(a) either—

(i) property or goods is or are transferred to the candidate or the candidate's election agent free of charge or at a discount of more than 10 per cent of the market value of the property or goods, or

(ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and

(b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.

(2) Where this section applies—

(a) an amount of election expenses determined in accordance with this section (“the appropriate amount”) is to be treated, for the purposes of this Part, as incurred by the candidate, and

(b) the candidate's election agent must make a declaration of that amount, unless that amount is not more than £50.

This subsection has effect subject to Part 2 of Schedule 3B.

(3) Where subsection (1)(a)(i) applies, the appropriate amount is such proportion of either—

(a) the market value of the property or goods (where the property or goods is or are transferred free of charge), or

(b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),

as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b).

(4) Where subsection (1)(a)(ii) applies, the appropriate amount is such proportion of either—

(a) the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or

(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b).

(5) Where the services of an employee are made available by an employer for the use or benefit of a candidate, then for the purposes of this section the commercial rate for the provision of those services is the amount of the remuneration and allowances payable to the employee by the employer in respect of the period for which the employee's services are so made available (but does not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).

(6) In this section “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 3A applies with any necessary modifications for the purpose of determining, for the purposes of subsection (1) whether property or goods is or are transferred to a candidate or the candidate's election agent.]

F52 Ss. 52A, 52B inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 16 (with art. 1(3))

53 Right to send election address post free. N.I.

F53 (1) A candidate at a parliamentary[F54 or local] election shall, subject to[F55 such reasonable terms and conditions as the universal service provider may specify]F56 , be entitled to send free of any charge for postage[F55 which would otherwise be made by a universal service provider] to each elector one postal communication containing matter relating to the election only and not exceeding [F57 60 grammes] in weight.

(2) A person shall not be deemed to be a candidate for the purposes of this section unless he is shown as standing validly nominated in the statement of persons nominated, but until the publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this section if he gives such security as may be required by[F55 the universal service provider concerned]F56 for the payment of postage should he not be shown as standing validly nominated as aforesaid.

(3) For the purposes of this section, candidates who are, under sub-section (4) of section forty-two, deemed to be joint candidates shall be treated as a single candidate.

F58 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 Ext. (local elections), SI 1977/428

F54 SI 1985/454

F55 SI 2001/1149

F56 To be construed as Post Office, 1969 c.48

F57 Words in s. 53(1) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 17(2) (with art. 1(3))

F58 S. 53(4) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 17(3) (with art. 1(3))

54 Rateability of premises unaffected by election meeting thereon. N.I.

The use of any premises for the holding of public meetings in furtherance of any person's candidature at any election shall not render any person liable to be rated or to pay any rate for the premises.

55 Duty on and licences for carriages, etc., used at elections. N.I.

No person shall be liable to pay any duty or take out a licence for any carriage or other vehicle by reason only of such carriage or other vehicle being used without payment or promise of payment for the conveyance of electors to or from the poll at any election[F59 other than a local election].

F59 SI 1987/168

56 Rights of creditors. N.I.

The provisions of this Act prohibiting—

(a) payments and contracts for payments;

(b) the payment or incurring of election expenses in excess of the maximum amount allowed by this Act; or

(c) the incurring of expenses not authorised by the election agent;

shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Act.