Office of Public Sector Information

Court’s power to require information from election agent or sub-agent

59.—(1) Where on an application under article 58 it appears to the court that any person who is or has been an election agent or sub-agent has refused or failed to make such return, or to supply such particulars, as will enable—

(a) a candidate and his election agent at a constituency election; or

(b) an individual candidate and his election agent at a regional election,

to comply with the provisions of this Order as to the return or declarations as to election expenses the court, before making an order under that article, shall order that person to attend before the court.

(2) The court shall on the attendance of that person, unless he shows cause to the contrary, order him—

(a) to make the return and declaration; or

(b) to deliver a statement of the particulars required to be contained in the return,

as the court considers just, within such time, to such person and in such manner as it may direct, or may order him to be examined with respect to the particulars.

(3) If a person fails to comply with any order of the court under this article, the court may order him to pay a fine not exceeding the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale.

Duty of appropriate returning officer to forward returns and declarations to the Commission

60.  Where the appropriate returning officer receives any return or declaration under article 46, 52, 53 or 54, he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.

Publication of time and place of inspection of returns and declarations

61.—(1) At an Assembly election the appropriate returning officer, within ten days after the end of the time allowed for delivering to him returns as to election expenses, shall—

(a) publish in not less than—

(i) two newspapers circulating in the Assembly constituency; or

(ii) three newspapers circulating in the Assembly electoral region,

for which the election was held, and

(b) send—

(i) in the case of a constituency election, to each of the election agents; and

(ii) in the case of a regional election, to the registered nominating officer of each registered political party that stood nominated and to each of the election agents for individual candidates,

a notice of the time and place at which the returns and declarations (including the accompanying documents) can be inspected.

(2) But if any return or declaration has not been received by the appropriate returning officer before the notice is despatched for publication, the notice shall so state and a like notice about that return and declaration, if afterwards received, shall within ten days after the receipt be published in like manner and sent to such persons to whom the first notice is sent other than an election agent who is in default or an election agent for a candidate who is in default.

Constituency and individual candidates: inspection of returns and declarations

62.—(1) Where the appropriate returning officer receives any return or declaration under article 46, 52, 53 or 54 he shall—

(a) as soon as reasonably practicable after receiving the return or declaration make a copy of it, and any accompanying documents, available for public inspection at his office, or some other convenient place chosen by him, for a period of two years beginning with the date when the return is received by him; and

(b) if requested to do so by any person, and on payment of the fee specified in paragraph (4), supply that person with a copy of the return or declaration and any accompanying documents.

(2) If any such return contains a statement of donations in accordance with paragraph 10 of Schedule 6, the appropriate officer shall secure that the copy of the statement made available for public inspection under sub-paragraph (1)(a) or (as the case may be) supplied under sub-paragraph (1)(b) does not include, in the case of any donation by an individual, the donor’s address.

(3) The fee for inspecting a copy of a return or declaration (including any accompanying documents) referred to in sub-paragraph (1)(a) shall be £1.50.

(4) The fee payable for a copy of any such return, declaration or document referred to in sub-paragraph (1)(b) shall be at the rate of 15p for each side of each page.

(5) After the expiry of those two years the appropriate returning officer—

(a) may cause those returns and declarations (including the accompanying documents) to be destroyed; or

(b) if the candidate or where appropriate, his election agent so requires, shall return them to the candidate.

(6) Any returns or declarations delivered under article 46 shall be returned not to a candidate (if he or his election agent so requires) but to the person delivering them if he so requires.

(7) The Assembly may by order vary the amount of any fee payable under paragraph (3) or (4)(37).

(8) The power to make orders under paragraph (7) shall be exercisable by statutory instrument and for the purpose of section 1 of the Statutory Instruments Act 1946(38) this provision shall have effect as if contained in an Act of Parliament.

Meaning of “election expenses”

63.—(1) In this Part “election expenses”, in relation to a constituency or individual candidate, means (subject to paragraph (3) and article 64) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 7 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 paragraph (1) or article 64 in respect of any matter specified in Part 2 of Schedule 7.

(3) In this article and in article 64, “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, election expenses are incurred by or on behalf of a candidate at an Assembly 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 the expenses.

(5) In this Part, any reference to election expenses incurred by or on behalf of a candidate at an Assembly election includes expenses—

(a) which are incurred as mentioned in paragraph (1) before the date when he becomes a candidate at the election but

(b) which by virtue of that paragraph fall to be regarded as election expenses.

(6) In this Part and in Part 4, 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 or registered political party at the election.

(7) Schedule 7 has effect.

(8) A Code of Practice issued by the Secretary of State under the provisions of paragraph 14 of Schedule 4A to the 1983 Act(39) shall apply to Schedule 7 as it does to Schedule 4A to the 1983 Act.

Property, goods, services etc. provided free of charge or at a discount

64.—(1) This article applies where, in the case of a constituency or individual candidate at an Assembly election—

(a) either—

(i) property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent of the market value of the property or goods; or

(ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the goods, services or facilities,

and

(b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.

(2) Where this article applies—

(a) an amount of election expenses determined in accordance with this article (“the appropriate amount”) shall be treated, for the purposes of this Part, as incurred by the candidate; and (in that case),

(b) the candidate’s election agent shall make a declaration of that amount,

unless that amount is not more than £50.

• This paragraph has effect subject to Part 2 of Schedule 7.

(3) Where paragraph (1)(a)(i) applies, the appropriate amount is such proportion of either—

(a) the market value of the property or goods (where the property or goods is or are transferred free of charge); or

(b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),

as is reasonably attributable to the use made of the property or goods as mentioned in paragraph (1)(b).

(4) Where paragraph (1)(a)(ii) applies, the appropriate amount is such proportion of either—

(a) the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge); or

(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in paragraph (1)(b).

(5) Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this article the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).

(6) In this article “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 6 shall apply with any necessary modifications for the purpose of determining, for the purposes of paragraph (1), whether property or goods is or are transferred to a candidate or his election agent.

Right to send election address post free

65.—(1) At an Assembly election, each constituency or individual candidate or registered nominating officer of a registered political party which has submitted a list of candidates at such an election (subject to such reasonable terms and conditions as the universal service provider concerned may specify) is entitled to send free of any charge for postage which would otherwise be made by a universal service provider either—

(a) one unaddressed postal communication, containing matter relating to such election wholly and not exceeding 60 grammes in weight, to each place in the Assembly constituency or electoral region for which the election is being held at which he or they are a candidate or candidates which, in accordance with those terms and conditions, constitutes a delivery point for the purposes of this article; or

(b) one such postal communication addressed to each elector.

(2) Any such candidate or, as the case may be, registered nominating officer shall also, subject as mentioned in paragraph (1), be entitled to send free of any such charge for postage as is mentioned in that paragraph to each person entered in the list of proxies for the election one such communication as mentioned in paragraph (1) for each appointment in respect of which that person is so entered.

(3) Any such candidate or, as the case may be, registered nominating officer may require the returning officer to make arrangements with the universal service provider for communications under paragraph (1)(b) to be sent to persons who have anonymous entries in the register.

(4) Arrangements under paragraph (3) shall be such as to ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.

(5) In relation to a candidate at a constituency election or to an individual candidate at a regional election, a person shall not be deemed to be a candidate for the purposes of this article unless he is shown as standing nominated in the statement of persons nominated; but, until the publication of that statement, any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this article if he gives such security as may be required by the universal service provider concerned for the payment of postage should he not be shown as standing nominated as mentioned above.

(6) In relation to a registered political party at a regional election, such a party shall not be deemed to have submitted a list of candidates for the purposes of this article unless the party is shown as standing nominated in the statement of parties and other persons nominated; but, until the publication of that statement, the registered nominating officer of a party which has submitted a list of candidates shall be entitled to exercise the right of free postage conferred by this article if he gives such security as may be required by the universal service provider should the party not be shown as standing nominated as mentioned above.

(7) The regional returning officer shall be entitled to treat any purported exercise by the registered nominating officer of a registered political party of the right of free postage conferred by this article through the party election agent as a valid exercise of that right.

(8) If at a regional election the area of the regional returning officer is situated in the area of more than one official designated by a universal service provider, the controlling designated official shall be determined by that regional returning officer.

(9) A universal service provider who provides a postal service free of charge pursuant to this article shall be entitled to be remunerated for that service at the rate determined by or in accordance with a scheme made under section 89 of the Postal Services Act 2000(40) and the amount of such remuneration shall be paid by the Assembly.

(10) In respect of any Assembly election after the 2007 Assembly general election, the sums payable by the Welsh Ministers(41) under paragraph (9) shall be charged on the Welsh Consolidated Fund.

(11) For the purposes of this article “elector”—

(a) means a person who is registered in the register of electors for the Assembly constituency or electoral region on the last day for publication of notice of the election; and

(b) includes a person then shown in that register (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) as below voting age if (but only if) it appears from the register (or from the record) that he will be of voting age on the day fixed for the poll.

Broadcasting from outside United Kingdom

66.—(1) No person shall, with intent to influence persons to give or refrain from giving their votes at an Assembly election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990(42)) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—

(a) the British Broadcasting Corporation;

(b) Sianel Pedwar Cymru; or

(c) the holder of any licence granted by the Office of Communications,

for the reception and re-transmission of that matter by that body or the holder of that licence.

(2) An offence under this article shall be an illegal practice, but the court before whom a person is convicted of an offence under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 123.

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

Broadcasting of local items during election period.

67.—(1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at an Assembly election in items about the constituency or electoral region in question which are included in relevant services during the election period.

(2) The code for the time being adopted by a broadcasting authority under this article shall be either—

(a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities; or

(b) a code drawn up by one or more other such authorities,

and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within sub-paragraph (a) or (b).

(3) Before drawing up a code under this article a broadcasting authority shall have regard to any views expressed by the Commission and any such code may make different provision for different cases.

(4) The Office of Communications shall do all that they can to secure that the code for the time being adopted by them under this article is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.

(5) For the purpose of paragraph (1) “the election period”, means the period beginning with—

(a) in relation to the 2007 Assembly general election, the last date for publication of notice of the election;

(b) in relation to any other Assembly general election, the date of dissolution of the Assembly; and

(c) in relation to any election to fill a casual vacancy, the date of the occurrence of the vacancy, and

in each case ending with the close of the poll.

(6) In this article—

“broadcasting authority” means the British Broadcasting Corporation, the Office of Communications or Sianel Pedwar Cymru;

“candidate”, means a candidate (including a party list candidate) standing nominated(43); and

“relevant services”—

Imitation poll cards

68.  No person shall for the purpose of promoting or procuring a particular result at an Assembly election issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and article 66(2) and (3) shall apply as if an offence under this article were an offence under that article.

Schools and rooms for Assembly election meetings

69.—(1) Subject to the provisions of this article, a candidate at an Assembly election is entitled for the purpose of holding public meetings to promote or procure the giving of votes at that election—

(a) for himself, in the case of a constituency or an individual candidate; or

(b) for the registered political party on whose list he is included, in the case of a party list candidate,

to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with the Table in rule 1(1) of Schedule 5 and the day preceding the date of the poll of—

(i) a suitable room in the premises of a school to which this article applies; or

(ii) any meeting room to which this article applies.

(2) This article applies to a community, foundation or voluntary school of which—

(a) in the case of a constituency election, the premises are situated in the Assembly constituency for which the election is held or an adjoining Assembly constituency; and

(b) in the case of a regional election, the premises are situated in the Assembly electoral region for which the election is held,

but, in relation to sub-paragraph (a), a constituency candidate is not entitled under this article to the use of a room in school premises outside the Assembly constituency if there is a suitable room in premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this article applies.

(3) This article applies to a meeting room situated—

(a) in the case of a constituency election, in the Assembly constituency for which the election is held; or

(b) in the case of a regional election, in the Assembly electoral region for which the election is held,

the expense of maintaining which is payable wholly or mainly out of public funds or by a body whose expenses are so payable.

(4) Where a room is used for a meeting in pursuance of the rights conferred by this article, the person by whom or on whose behalf the meeting is convened—

(a) shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

(b) shall defray any damage done to the room or the premises in which it is situated, or the furniture, fittings or apparatus in the room or premises.

(5) A candidate is not entitled to exercise the rights conferred by this article except on reasonable notice; and this article does not authorise any interference with the hours during which a room in school premises is used for education purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6) Schedule 8 (which makes provision with respect to the rights conferred by this article and the arrangements to be made for their exercise) has effect.

(7) For the purposes of this article (except those of paragraph (4)(b)), the premises of a school shall not be taken to include any private dwelling, and in this article—

(a) the expression “meeting room” means any room which it is the practice to let for public meetings; and

(b) the expression “room” includes a hall, gallery or gymnasium.

Disturbances at Assembly election meetings

70.—(1) A person who at a lawful public meeting to which this article applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.

(2) This article applies to a political meeting held—

(a) in relation to a constituency election, in the Assembly constituency for which the election is held; and

(b) in relation to a regional election, in the Assembly electoral region for which the election is held,

during the period beginning with the last day on which notice of election may be published in accordance with the Table set out in rule 1(1) of Schedule 5 and ending with the day of election.

(3) If a constable reasonably suspects any person of committing an offence under paragraph (1), he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Officials not to act for candidates

71.—(1) If—

(a) any constituency or regional returning officer at a constituency election;

(b) any constituency or regional returning officer at a regional election;

(c) any person appointed under article 20(1);

(d) any officer or clerk appointed under Schedule 5; or

(e) any partner or clerk of any such person,

acts as an agent for any candidate or registered political party which has submitted a list of candidates in the conduct or management of the election, he shall be guilty of an offence, but nothing in this article prevents a constituency or an individual candidate from acting as his own election agent or a party list candidate from acting as election agent for the registered political party on whose list he is a candidate.

(2) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal canvassing by police officers

72.—(1) No member of a police force shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy—

(a) at any constituency election for an Assembly constituency; or

(b) at any regional election for an Assembly electoral region,

wholly or partly within the police area.

(2) A person acting in contravention of paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; but nothing in that paragraph shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.

False statements as to candidates

73.—(1) A person who, or any director of any body or association corporate which—

(a) before or during an Assembly election; and

(b) for the purpose of affecting how a vote is given at the election,

makes or publishes any false statement of fact in relation to the personal character or conduct of any candidate shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, the statement to be true.

(2) Except in a case to which paragraph (3) applies, a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (1) committed—

(a) in the case of a constituency or an individual candidate, by his agent other than his election agent;

(b) in the case of a party list candidate, by the agent of the registered political party on whose list he is a candidate other than its election agent in relation to that list.

(3) This paragraph applies where—

(i) it can be shown that the candidate (including, in the case of a party list candidate another candidate on the list) or the election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or

(ii) an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

(4) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate or candidates and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement shall be sufficient.

(5) Any person who, before or during an Assembly election, knowingly publishes a false statement of the withdrawal of any candidate at the election for the purpose of promoting or procuring a particular result at the election shall be guilty of an illegal practice.

(6) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (5) committed—

(a) in the case of a constituency or an individual candidate, by his agent other than his election agent; or

(b) in the case of a party list candidate, by the agent of the registered political party on whose list he is a candidate other than that party’s election agent in relation to that list.

Corrupt withdrawal from candidature

74.  Any person who corruptly induces or procures any other person to withdraw from being a candidate at an Assembly election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.

Payments for exhibition of election notices

75.—(1) No payment or contract for payment for the purpose of promoting or procuring a particular result at an Assembly election shall be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—

(a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and

(b) the payment or contract is made in the ordinary course of that business.

(2) If any payment or contract for payment is knowingly made in contravention of this article either before, during or after such an election—

(a) the person making the payment or contract; and

(b) if he knew it to be in contravention of this Order, any person receiving the payment or being a party to the contract,

shall be guilty of an illegal practice.

Printer’s name and address on election publications

76.—(1) This article applies to any material which can reasonably be regarded as intended to promote or procure a particular result at an Assembly election (whether or not it can be so regarded as intended to achieve any other purpose as well).

(2) No material to which this article applies shall be published unless—

(a) in the case of material which is, or is contained in, such a document as is mentioned in paragraph (4), (5) or (6), the requirements of the relevant paragraph are complied with; or

(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under paragraph (7) are complied with.

(3) For the purposes of paragraphs (4) to (6), the following details are “the relevant details” in the case of any material falling within paragraph (2)(a), namely—

(a) the name and address of the printer of the document;

(b) the name and address of the promoter of the material; and

(c) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(5) Where the material is a printed document other than one to which paragraph (4) applies, the relevant details must appear either on the first or the last page of the document.

(6) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and

(b) the relevant details specified in paragraph(3)(b) and (c) must be included in the advertisement.

(7) The Secretary of State may, after consulting the Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within paragraph (2)(b) of the following details, namely—

(a) the name and address of the promoter of the material; and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(8) Regulations under paragraph (7) may in particular specify—

(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which—

(i) any such requirement does not have to be complied with by any person of any description specified in the regulations; or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this article by that person or by a person of any other description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or, as the case may be, published by a person of any description so specified.

(9) Where any material within paragraph (2)(a) is published in contravention of paragraph (2), then, subject to paragraphs (11) and (12)—

(a) the promoter of the material;

(b) any other person by whom the material is so published; and

(c) the printer of the document,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) Where any material falling within paragraph (2)(b) is published in contravention of paragraph (2), then, subject to regulations made by virtue of paragraph (8)(b) and to paragraphs (11) and (12)—

(a) the promoter of the material; and

(b) any other person by whom the material is so published,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) It shall be a defence for a person charged with an offence under this article to prove that—

(a) the contravention of paragraph (2) arose from circumstances beyond his reasonable control; and

(b) he took all reasonable steps, and exercised due diligence, to ensure that the contravention would not arise.

(12) Where—

(a) a constituency or individual candidate or his election agent; or

(b) a party list candidate or the election agent of the registered political party in relation to that party’s list,

would (apart from this paragraph) be guilty of an offence under paragraph (9) or (10), he shall instead be guilty of an illegal practice.

(13) The power to make regulations under paragraph (7) shall be—

(a) exercisable by statutory instrument; and

(b) subject to annulment in pursuance of a resolution of either House of Parliament,

and for the purpose of section 1 of the Statutory Instruments Act 1946(46) this provision shall have effect as if contained in an Act of Parliament.

(14) For the purpose of determining whether any material is such material as is mentioned in paragraph (1), it is immaterial that it does not expressly mention the name of any candidate.

(15) In this article—

“print” means print by whatever means, and “printer” shall be construed accordingly;

“the promoter” in relation to any material to which this article applies, means the person causing the material to be published; and

“publish” means to make available to the public at large, or any section of the public, in whatever form or by whatever means.

Prohibition of paid canvassers

77.  If a person is, either before, during or after an Assembly election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a particular result at the Assembly election—

(a) the person so engaging or employing him; and

(b) the person so engaged or employed,

shall be guilty of illegal employment.

Providing money for illegal purposes

78.  Where a person knowingly provides money—

(a) for any payment which is contrary to the provisions of this Order;

(b) for any expenses incurred in excess of the maximum amount allowed by this Order; or

(c) for replacing any money expended in any such payment or expenses,

except where the payment or the incurring of the expenses may have been previously allowed in pursuance of article 119 to be an exception, that person shall be guilty of an illegal payment.

Bribery

79.—(1) A person shall be guilty of a corrupt practice if he is guilty of bribery.

(2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf—

(a) gives any money or procures any office—

(i) to or for any voter;

(ii) to or for any other person on behalf of any voter; or

(iii) to or for any other person,

in order to induce any voter to vote or refrain from voting;

(b) corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting; or

(c) makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, a particular result at an Assembly election or the vote of any voter,

or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure a particular result at an Assembly election or the vote of any voter.

(3) For the purposes of paragraph (2)—

(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and

(b) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(4) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at an Assembly election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election.

(5) The foregoing provisions of this article shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an Assembly election.

(6) A voter shall be guilty of bribery if before or during an Assembly election he, directly or indirectly, by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(7) A person shall be guilty of bribery if after an Assembly election he, directly or indirectly, by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(8) In this article the expression “voter” includes any person who has or claims to have a right to vote.