Elections Act 2022

Candidates etc at parliamentary, Northern Ireland Assembly and local elections

1 (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.