Representation of the People Act 1983 (c. 2)

Part IV U.K. Special Provisions as to Other Local Elections

England and Wales, and Scotland U.K.

187 Application of Act to certain local elections. E+W+N.I.

(1) The following provisions of this Act—

(a) in Part I, sections . . . F1 , 60 [F2 , 62A] and 66,

(b) Parts II and III,

(c) in this Part, section 189,

so far as they apply to an election in England and Wales of—

(i) . . . F3 , parish or community councillors, or

(ii) the chairman of a . . . F3 , parish or community council or parish meeting,

have effect subject to such adaptations, modifications and exceptions as may be made by rules under section 36 [F4 or section 36A] above, but nothing in this subsection affects the operation of section 96 or section 100 above.

(2) Sections 48 (1) and (2) and [F5 63] above have effect as if any reference in them to a local government election included a reference to any other election under the local government Act [F6 or the Local Government (Scotland) Act 1973].

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only.

Textual Amendments

F1 "51(2)" repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

F2 Words in s. 187(1)(a) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 124; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(d) (subject to transitional provisions in art. 4, Sch. 2)

F3 Word repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 64(a), Sch. 5

F4 Words in s. 187(1) inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 2(16)

F5 "63" substituted for "64" by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 64(b)

F6 Words in s. 187(2) inserted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 para. 5(2)

187 Application of Act to certain local elections. S

(1) The following provisions of this Act—

(a) in Part I, sections . . . , 60 [F2 , 62A] and 66,

(b) Parts II and III,

(c) in this Part, section 189,

so far as they apply to an election in England and Wales of—

(i) . . . , parish or community councillors, or

(ii) the chairman of a . . . , parish or community council or parish meeting,

have effect subject to such adaptations, modifications and exceptions as may be made by rules under section 36 above, but nothing in this subsection affects the operation of section 96 or section 100 above.

(2) Sections 48 (1) and (2) and [F5 63] above have effect as if any reference in them to a local government election included a reference to any . . . election under the [F9 Local Government etc. (Scotland) Act 1994 (c. 39)][F6 or the Local Government (Scotland) Act 1973].

Textual Amendments

F2 Words in s. 187(1)(a) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 124; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(d) (subject to transitional provisions in art. 4, Sch. 2)

F5 "63" substituted for "64" by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 64(b)

F6 Words in s. 187(2) inserted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 para. 5(2)

F9 Words in s. 187(2) substituted (S.) (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 5(1)(c)(ii), 17; S.S.I. 2007/25, art. 2(2)

188 Parts II and III as to local elections in Scotland. U.K.

[F7 Except in the phrase “election to any public office” wherever it is used, references in Parts II and III and section 189 of this Act to elections or to elections under the local government Act do not include references to elections under the [F8 Local Government etc. (Scotland) Act 1994] other than elections of councillors.]

Textual Amendments

F7 S. 188 repealed (S.) (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 5(1)(d), 17(2); S.S.I. 2007/25, art. 2(2)

F8 Words in s. 188 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 5(3)

189 Voting offences at certain local elections. U.K.

(1) If a person—

(a) votes, or induces or procures any person to vote, at an election under the local government Act which is not a local government election,

(b) knowing that he or that person is prohibited by any enactment from voting at that election,

he shall be guilty of an illegal practice.

(2) A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed without his knowledge or consent.

Modifications etc. (not altering text)

C1 S. 189 applied with modifications (E.W.) by S.I. 1987/1, Rules 2, 6 and S.I. 1986/2215, Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule1(4), Sch. 1)

C2 S. 189 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rules 1, 6