Schedules

Schedule 11Illegal practices

I11Candidates etc at parliamentary, Northern Ireland Assembly and local elections

1

This paragraph applies if—

a

apart from this paragraph, a candidate at an election, or an election agent of such a candidate, would be guilty of an offence under section 48(1),

b

the election is—

i

a parliamentary election,

ii

an election to the Northern Ireland Assembly,

iii

a local government election within the meaning of section 191 or 203 of RPA 1983,

iv

an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor, or

v

an election for the return of a mayor for the area of a combined authority, and

c

the offence under section 48(1) would relate to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within—

i

section 43(4) as it applies to candidates at the election, or

ii

section 45(5) as it applies to candidates at the election.

2

The candidate or election agent is instead guilty of an illegal practice.

3

RPA 1983 applies in relation to the candidate or election agent and the illegal practice as it applies in relation to a candidate or election agent and an illegal practice by virtue of section 110(12) (details to appear on election publications) of that Act.

4

In sub-paragraph (3) references to RPA 1983 include references to that Act—

a

as it applies in relation to elections to the Northern Ireland Assembly by virtue of the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599),

b

as it applies in relation to an election under Part 1A or 2 of the Local Government Act 2000 for the return of an elected mayor by virtue of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), and

c

as it applies in relation to an election for the return of a mayor for the area of a combined authority by virtue of the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67).

5

In this paragraph “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.