Representation of the People Act 1983

Changes over time for: Section 82

Version Superseded: 16/02/2001

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Representation of the People Act 1983, Section 82 is up to date with all changes known to be in force on or before 19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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82 Declarations as to election expenses. U.K.

(1)The return [F1delivered] under section 81(1) above shall be accompanied by a declaration made by the election agent in [F2the appropriate form].

(2)At the same time that the election agent [F3delivers] that return, or within seven days afterwards, the candidate shall [F3deliver] to the appropriate officer a declaration made by him in [F4the appropriate form].

[F5(2A)For the purposes of subsections (1) and (2) above, “the appropriate form”—

(a)in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;

(b)in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and

(c)in any other case, is the form in Schedule 3 to this Act.]

(3)Where the candidate is out of the United Kingdom when the return is so [F1delivered]—

(a)the declaration required by subsection (2) above may be made by him within 14 days after his return to the United Kingdom, and

(b)in that case, the declaration shall be forthwith [F1delivered] to the appropriate officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Act relating to the return and declaration as to election expenses.

(4)An election agent’s or a candidate’s declaration as to election expenses under this section may be made either before a justice of the peace or before any person who is—

(a)in England and Wales, the chairman or proper officer of F6 F7, a county council [F8, a county borough council] or a district council, or the mayor or proper officer of a London borough [F9or the proper officer of the Greater London Authority];

(b)in Scotland, the proper officer of a [F10local authority];

(c)in Northern Ireland, the clerk of a district council.

(5)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 Schedule 3.

[F11(5A)Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.]

(6)If a candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of a corrupt practice.

Textual Amendments

F1Word substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 28(a)

F2Words in s. 82(1) substituted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 24(2) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F3Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 28(b)

F4Words in s. 82(2) substituted (14.12.1999) by 1999 c. 29, s. 17 Sch. 3 para. 24(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F5S. 82(2A) inserted (14.12.1999) by 1999 c. 29, s. 17 Sch. 3 para. 24(4) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F6Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F7Words repealed by virtue of Local Government Act 1985 (c. 51, SIF 81:1), Sch. 17 and Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt.I

F8Words in s. 82(4)(a) inserted (20.3.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(14) (with ss. 54(4)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch. (with arts. 4-8)