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Part 4 of Schedule 1 contains amendments which omit the words “Maundy Thursday” from certain enactments specifying the days which are to be disregarded for the purposes of election timetables and the computation of periods relating to elections.
(1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.
(2) In rule 6 (nomination of candidates), after paragraph (2) insert—
“(2A) If a candidate commonly uses—
(a) a surname which is different from any other surname he has, or
(b) a forename which is different from any other forename he has,
the nomination paper may state the commonly used surname or forename in addition to the other name.”
(3) In rule 14 (publication of statement of persons nominated), after paragraph (2) insert—
“(2A) If a person’s nomination paper gives a commonly used surname or forename in addition to another name, the statement shall show the person’s commonly used surname or forename (as the case may be) instead of any other name.
(2B) Paragraph (2A) above does not apply if the returning officer thinks—
(a) that the use of the person’s commonly used name may be likely to mislead or confuse electors, or
(b) that the commonly used name is obscene or offensive.
(2C) If paragraph (2B) above applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.”
(4) In the Appendix of forms, in the Form of nomination paper, for the first table following the words “candidate at the said election” substitute—
| “Candidate’s surname | Other names in full | Commonly used surname (if any) | Commonly used forenames (if any) | Description (if any) | Home address in full |
|---|---|---|---|---|---|
| SULLIVAN | Arthur Seymour | GILBERT | W. S. | Independent | 52, Bunthorne Walk, Basingstoke” |
(5) In the Appendix of forms, in the Note following the Form of nomination paper, after paragraph 2 insert—
“2A Where a candidate commonly uses a name which is different from any other name he has, the commonly used name may also appear on the nomination paper, but if it does so, the commonly used name (instead of any other name) will appear on the ballot paper.
2B But the ballot paper will show the other name if the returning officer thinks—
(a) that the use of the commonly used name may be likely to mislead or confuse electors, or
(b) that the commonly used name is obscene or offensive.”
In Schedule 1 to the 1983 Act (parliamentary elections rules), in rule 8(3) (candidate’s consent to nomination), after paragraph (b) insert—
“(c) shall state that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as that for the election to which the consent relates,”.
(1) Section 65A of the 1983 Act (false statements in nomination papers) is amended as follows.
(2) In subsection (1), after paragraph (b) insert “or
(c) a certificate authorising for the purposes of rule 6A of the parliamentary elections rules the use by a candidate of a description if he knows that the candidate is standing at an election in another constituency in which the poll is to be held on the same day as the poll at the election to which the certificate relates.”
(3) After subsection (1) insert—
“(1A) A person is guilty of a corrupt practice if, in the case of any relevant election, he makes in any document in which he gives his consent to his nomination as a candidate—
(a) a statement of his date of birth,
(b) a statement as to his qualification for being elected at that election, or
(c) a statement that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,
which he knows to be false in any particular.
(1B) For the purposes of subsection (1A), a statement as to a candidate’s qualification is a statement—
(a) that he is qualified for being elected,
(b) that he will be qualified for being elected, or
(c) that to the best of his knowledge and belief he is not disqualified for being elected.”
(4) In subsection (2)(b) at the beginning insert “except for the purposes of subsections (1)(c) and (1A)(c),”.
In Schedule 1 to the 1983 Act (parliamentary elections rules) for rule 60 (countermand or abandonment of poll on death of candidate) and the cross-heading preceding it substitute—
60 (1) This rule applies if at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died.
(2) Subject to this rule and rules 61 and 62, these rules apply to the election as if the candidate had not died.
(3) The following provisions of these rules do not apply in relation to the deceased candidate—
(a) rule 32(1)(c) and (d) (admission to polling station);
(b) rule 44(2)(b) to (d) (attendance at count);
(c) rule 53(4) (forfeiture of deposit).
(4) If only two persons are shown as standing nominated in the statement of persons nominated the returning officer must—
(a) if polling has not begun, countermand the notice of poll;
(b) if polling has begun, direct that the poll is abandoned;
(c) subject to rule 65, treat the election as an uncontested election.
(5) For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6A(1) or (1B).
61 (1) This rule applies if at an election mentioned in rule 60(1) the majority of votes is given to the deceased candidate.
(2) Rule 50(1) (declaration of result) does not apply but the returning officer must—
(a) declare that the majority of votes has been given to the deceased candidate,
(b) declare that no member is returned, and
(c) give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
(3) Rule 53 (return or forfeiture of candidate’s deposit) does not apply in relation to the remaining candidates.
(4) The returning officer must not return the writ and the proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
(5) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 60(1).
(6) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated, and no other nomination may be made.
(7) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
(8) Rule 9 (deposit) does not apply.
(9) The poll must be held on a day in the period which starts 15 working days after the day on which the writ is taken to have been received and ends 19 working days after that day.
(10) For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).
62 In an election mentioned in rule 60(1), if—
(a) rule 49 applies (equality of votes), and
(b) any of the candidates to whom that rule applies is a deceased candidate,
the deceased candidate must be ignored.
63 (1) This rule applies if—
(a) at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and
(b) that person is standing in the name of a registered political party.
(2) The returning officer must—
(a) countermand notice of the poll, or
(b) if polling has begun, direct that the poll be abandoned.
(3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
(4) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer.
(5) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated.
(6) No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing.
(7) The last day on which a nomination mentioned in paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
(8) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
(9) The poll must be held on a day in the period which starts 15 working days after the day on which the writ is taken to have been received and ends 19 working days after that day.
(10) For the purposes of this rule—
(a) a person stands in the name of a registered political party if his nomination paper contains a description which is authorised as mentioned in rule 6A(1) or (1B);
(b) a registered political party is a party which is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000;
(c) a working day is a day which is not a day specified in rule 2(1)(a) to (c).
64 (1) This rule applies if at a contested election—
(a) one of the candidates is the Speaker of the House of Commons seeking re-election, and
(b) proof is given to the returning officer’s satisfaction before the result of the election is declared that that candidate has died.
(2) The returning officer must—
(a) countermand notice of the poll, or
(b) if polling has begun, direct that the poll be abandoned.
(3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
(4) The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day the proof is given to the returning officer.
(5) The last day on which—
(a) nominations, or
(b) notice of withdrawal of candidature,
may be delivered is the seventh working day after the day on which the writ is taken to be received.
(6) The poll must be held on a day in the period which starts 15 working days after the day on which the writ is taken to have been received and ends 19 working days after that day.
(7) For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).
65 (1) This rule applies to—
(a) a poll which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;
(b) a poll which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).
(2) The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll.
(3) The returning officer must dispose of ballot papers and other documents in his possession as is he required to do on the completion of the counting of the votes.
(4) It is not necessary for a ballot paper account to be prepared or verified.
(5) No step or further step is to be taken for the counting of the ballot papers or of the votes.
(6) The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.
(7) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).
(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.
(9) No order is to be made for—
(a) the production or inspection of any ballot papers, or
(b) the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll,
unless the order is made by a court with reference to a prosecution.”
(1) Section 75 of the 1983 Act (prohibition of expenses not authorised by election agent) is amended as follows.
(2) In subsection (1)—
(a) after “be incurred” insert “after he becomes a candidate at that election”;
(b) omit from “but paragraph (c) or (d) of” to the end.
(3) After subsection (1) insert—
“(1ZZA) Paragraph (c) or (d) of subsection (1) above does not 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 by Sianel Pedwar Cymru, 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.
(1ZZB) Subsection (1) above does not apply to any expenses incurred by any person—
(a) 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
(b) in travelling or in living away from home or similar personal expenses.”
(4) In subsection (1ZA) for “subsection (1)(ii)” in each place where it occurs substitute “subsection (1ZZB)(a)”.
(5) After subsection (7) insert—
“(8) For the purposes of subsection (1), expenditure incurred before the date when a person becomes a candidate at the election is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.”
(6) The amendments made by this section (except subsections (2)(a) and (5)) must be taken to have had effect from 16 February 2001 (the date of coming into force of section 131 of the 2000 Act).
(7) This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).
(1) In section 81 of the 1983 Act (returns as to election expenses), omit subsection (3) and insert—
“(3A) The return shall also contain as respects that candidate—
(a) a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations;
(b) a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide;
(c) a statement relating to such other matters as is prescribed.”
(2) This section does not apply to local government elections in Scotland (within the meaning of the 1983 Act).
(1) The 1983 Act is amended as follows.
(2) After section 90 (election expenses at elections where election agent not required) insert—
(1) In this Part of this Act “election expenses” in relation to a candidate at an election means (subject to subsection (2) below and section 90C below) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4A which is used for the purposes of the candidate’s election after the date when he becomes a candidate at the election.
(2) No election expenses are to be regarded as incurred by virtue of subsection (1) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4A.
(3) In this section and in section 90C below, “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 of this Act, election expenses are incurred by or on behalf of a candidate at an election if they are incurred —
(a) by the candidate or his election agent, or
(b) by any person authorised by the candidate or his election agent to incur expenses.
(5) In this Part of this Act, any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses—
(a) which are incurred as mentioned in subsection (1) above before the date when he becomes a candidate at the election, but
(b) which by virtue of that subsection fall to be regarded as election expenses.
(6) In this Part and in Part 3 of this Act, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.
(7) Schedule 4A has effect.
(8) This section does not apply to a local government election in Scotland.”
(3) Omit sections 90A and 90B.
(4) The repeal of sections 90A and 90B by subsection (3) does not extend to those sections as they apply to local government elections in Scotland (within the meaning of the 1983 Act).
(5) After Schedule 4 (election expenses at certain local elections in England and Wales) insert—
Section 90ZA
1 Advertising of any nature (whatever the medium used).
Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
2 Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area).
Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
3 Transport (by any means) of persons to any place.
Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.
4 Public meetings (of any kind).
Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.
5 The services of an election agent or any other person whose services are engaged in connection with the candidate’s election.
6 Accommodation and administrative costs.
7 The payment of any deposit required by rule 9 of Schedule 1 to this Act.
8 The publication of any matter, other than an advertisement, relating to the election in—
(a) a newspaper or periodical;
(b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru;
(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.
9 The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of sections 95(4) and 96(4) above.
10 The provision by an individual of his own services which he provides voluntarily in his own time and free of charge.
11 (1) Accommodation which is the candidate’s sole or main residence.
(2) The provision by any other individual of accommodation which is his sole or main residence if the provision is made free of charge.
12 (1) Transport by a means of transport which was acquired by the candidate principally for his own personal use.
(2) Transport provided free of charge by any other individual if the means of transport was acquired by him principally for his own personal use.
13 (1) Computing or printing equipment which was acquired by the candidate principally for his own personal use.
(2) The provision by any other individual of computing or printing equipment which was acquired by the individual principally for his own personal use if the provision is made free of charge.
14 (1) The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice giving guidance as to the matters which do, or do not, fall within Part 1 or 2 of this Schedule.
(2) Once the Commission have prepared a draft code under this paragraph, they must submit it to the Secretary of State for his approval.
(3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.
(4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—
(a) in its original form, or
(b) in a form which incorporates any modifications determined under sub-paragraph (3),
before each House of Parliament.
(5) If the draft incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of his reasons for making them.
(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code.
(7) If no such resolution is made within the 40-day period—
(a) the Secretary of State must issue the code in the form of the draft laid before Parliament, and
(b) the code is to come into force on such date as the Secretary of State may by order appoint,
and the Commission must arrange for it to be published in such manner as they think appropriate.
(8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.
(9) In this paragraph, “the 40-day period”, in relation to a draft code, means—
(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(10) In this paragraph references to a draft code include a revised draft code.
15 (1) The Secretary of State may by order made by statutory instrument make such amendments of Part 1 or 2 of this Schedule as he considers appropriate.
(2) An order under sub-paragraph (1) shall not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(3) The Secretary of State may make such an order either—
(a) where the order gives effect to a recommendation of the Electoral Commission; or
(b) after consultation with the Electoral Commission.”
In section 5 of the 2000 Act (reports on elections and referendums), after subsection (2) insert—
“(2A) After—
(a) a parliamentary by-election,
(b) an election held under section 9 of the Scotland Act 1998 (election for the Scottish Parliament in the case of a constituency vacancy), or
(c) an election held under section 8 of the Government of Wales Act 1998 (election for the National Assembly for Wales in the case of a constituency vacancy),
the Commission may prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.”
After section 6 of the 2000 Act (reviews of electoral and political matters), insert—
(1) A representative of the Commission may attend—
(a) proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election;
(b) proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer.
Electoral Administration Act 2006