Act of Parliament | |
Long title | An Act to consolidate the Representation of the People Acts of 1949, 1969, 1977, 1978 and 1980, the Electoral Registers Acts of 1949 and 1953, the Elections (Welsh Forms) Act 1964, Part III of the Local Government Act 1972, sections 6 to 10 of the Local Government (Scotland) Act 1973, the Representation of the People (Armed Forces) Act 1976, the Returning Officers (Scotland) Act 1977, section 3 of the Representation of the People Act 1981, section 62 of and Schedule 2 to the Mental Health (Amendment) Act 1982, and connected provisions; and to repeal as obsolete the Representation of the People Act 1979 and other enactments related to the Representation of the People Acts. |
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Citation | 1983 c. 2 |
Territorial extent | United Kingdom |
Dates | |
Royal assent | 8 February 1983 |
Other legislation | |
Repeals/revokes |
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Amended by | |
Status: Amended | |
Text of statute as originally enacted | |
Text of the Representation of the People Act 1983 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Representation of the People Act 1983 (c. 2) is an Act of the Parliament of the United Kingdom. It changed the British electoral process in the following ways: [1]
The Act also regulates how political parties and people acting on their behalf are to behave before and during an election.
Sections 72 to 90 control the total election expenses that can be spent on behalf of a candidate.[ citation needed ]
During the time limit of the election, all money spent on the promotion of a candidate must be authorised by his election agent. This includes the cost of holding public meetings, organising public displays, issuing advertisements, circulars, or otherwise presenting the candidate's views and the extent or nature of his backing or disparaging another candidate. It does not include travel expenses from home or similar personal expenses.[ citation needed ]
The expenses limit for the campaign (which is enforceable due to it all having to be authorised by one person) is £100,000 for a parliamentary by-election, but is approximately £5,483 plus either 6.2p or 4.6p for every registered voter in the district.[ citation needed ]
Sections 91 to 94 entitle the candidate to one free mailshot of election material to all voters in the constituency. It is also illegal to print fake polling cards.[ citation needed ]
Sections 95 to 98 entitle the candidate to hold public meetings free of charge in schools and other public buildings in the constituency, and pay only the cost price for making the rooms available.[ citation needed ]
Sections 99 makes it illegal for officers in charge of administering an election to be involved in any of the election campaigns.[ citation needed ]
Section 100 forbids a police officer from canvassing in any election which overlaps with their police area.[ citation needed ]
Sections 101 to 105 made it illegal to hire or lend taxis and buses to give lifts of voters to the ballot box. [2] These sections were repealed by Political Parties, Elections and Referendums Act 2000. [3]
Section 106 makes it illegal for any person to publish any false statement of fact in relation to the candidate's personal character or conduct, unless he or she can show that he had reasonable grounds for believing that statement to be true. [4] Similar provisions in previous laws have made this illegal since 1895. [5] It is also illegal to publish a false statement of a candidate's withdrawal from an election.[ citation needed ]
In September 2007 Miranda Grell was found guilty under this section when she made allegations of paedophilia and having sex with teenage boys against her gay opponent during the 2006 United Kingdom local elections. [6]
In November 2010, Labour MP Phil Woolas was found by an electoral court to have breached section 106. The judges ruled that a by-election for the seat should be held. Woolas said that he would apply for a judicial review into the ruling. [7] In a statement released through his lawyer, Woolas stated that "this election petition raised fundamental issues about the freedom to question and criticise politicians" and that it "will inevitably chill political speech". [8] The judicial review failed to overturn the ruling of the election court. [9]
In June 2015 the independent candidate in Mid Bedfordshire, Tim Ireland, lodged an appeal against the result at the general election, accusing Nadine Dorries of breaches of section 106 by making false statements about his character. [10] [11] The petition was rejected by the High Court of Justice because it was served at Dorries' constituency office and not her home address. [12]
Section 107 makes it illegal to bribe a candidate to withdraw from an election.[ citation needed ]
Section 108 made it illegal to hire a room in a pub for holding a campaign committee meeting. This section was repealed by the Political Parties, Elections and Referendums Act 2000.[ citation needed ]
Section 109 prohibits hiring special advertising spaces (e.g. on the sides of houses) for the display of campaign posters (hiring ordinary advertising billboards used for regular advertising is permitted).[ citation needed ]
Section 110 states that any material, leaflet or advertisement for a candidate in an election must include the names and addresses of the printer, the promoter, and the person on behalf of whom the material is being published.[ citation needed ]
In December 2008 a Liverpool City Liberal Democrats councillor was found guilty under this section for delivering leaflets during the 2007 United Kingdom local elections purporting to be on behalf of The United Socialist Party (but lacking the necessary names and addresses) attacking the Labour candidate for crossing a picket line during a strike, and accusing his wife (who is a sitting councillor) of leaving council meetings early to learn lap dancing. [13]
Schedule 1 of the Act lays out in complete form the rules for running a parliamentary election and how the nomination papers should be handled. [14]
Philip James Woolas is a British environmental consultant, political lobbyist and former television producer and politician who served as Minister of State for Borders and Immigration from 2008 to 2010. A member of the Labour Party, he was Member of Parliament (MP) for Oldham East and Saddleworth from 1997 to 2010.
Oldham East and Saddleworth is a constituency in outer Greater Manchester represented in the House of Commons of the UK Parliament since January 2011 by Debbie Abrahams of the Labour Party.
Mid Bedfordshire is a constituency represented in the House of Commons of the UK Parliament by Blake Stephenson of the Conservative Party since the 2024 United Kingdom general election.
The 2010 United Kingdom general election was held on Thursday 6 May 2010, to elect Members of Parliament to the House of Commons. The election took place in 650 constituencies across the United Kingdom under the first-past-the-post system. The election resulted in a large swing to the opposition Conservative Party led by David Cameron similar to that seen in 1979, the last time a Conservative opposition had ousted a Labour government. The governing Labour Party led by the prime minister Gordon Brown lost the 66-seat majority it had previously enjoyed, but no party achieved the 326 seats needed for a majority. The Conservatives won the most votes and seats, but still fell 20 seats short. This resulted in a hung parliament where no party was able to command a majority in the House of Commons. This was only the second general election since the Second World War to return a hung parliament, the first being the February 1974 election. This election marked the start of Conservative government for the next 14 years.
Nadine Vanessa Dorries is a British author and a former politician who served as Secretary of State for Digital, Culture, Media and Sport from 2021 to 2022. She was Member of Parliament (MP) for Mid Bedfordshire from 2005 to 2023 for the Conservative Party.
The Corrupt and Illegal Practices Prevention Act 1883 or the Corrupt Practices Act 1883 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It was a continuation of policy to make voters free from the intimidation of landowners and politicians. It criminalised attempts to bribe voters and standardised the amount that could be spent on election expenses.
Corrupt practices in English election law includes bribery, treating, undue influence, personation, and aiding, abetting, counselling and procuring personation.
An election petition refers to the procedure for challenging the result of a parliamentary election.
Mohammad Lutfur Rahman is a Bangladesh-born British politician and former solicitor serving as the directly elected mayor of the London Borough of Tower Hamlets for the Aspire party since 2022, having previously held the post from 2010 to 2015 until being found guilty of electoral fraud and forced to resign.
Miranda Agnes Jayne Grell is a barrister and former Labour Party councillor for the London Borough of Waltham Forest. She was the first person to be found guilty of making false statements under the Representation of the People Act 1983, having made false allegations of paedophilia against her political opponent, Barry Smith, during an election campaign. Grell was banned for holding public office for three years as a result.
The United Kingdom parliamentary expenses scandal was a major political scandal that emerged in 2009, concerning expense claims made by members of the British Parliament in both the House of Commons and the House of Lords over the previous years. The disclosure of widespread misuse of allowances and expenses permitted to members of Parliament (MPs) aroused widespread anger among the UK public and resulted in a large number of resignations, sackings, de-selections and retirement announcements together with public apologies and the repayment of expenses. Several members, and former members, of both the House of Commons and the House of Lords were prosecuted and sentenced to terms of imprisonment.
There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom, elections to devolved parliaments and assemblies, local elections, mayoral elections, and police and crime commissioner elections. Within each of those categories, there may also be by-elections. Elections are held on Election Day, which is conventionally a Thursday, and under the provisions of the Dissolution and Calling of Parliament Act 2022 the timing of general elections can be held at the discretion of the prime minister during any five-year period. All other types of elections are held after fixed periods, though early elections to the devolved assemblies and parliaments can occur in certain situations. The five electoral systems used are: the single member plurality system (first-past-the-post), the multi-member plurality, the single transferable vote, the additional member system, and the supplementary vote.
In United Kingdom election law, an election court is a special court convened to hear a petition against the result of a local government or parliamentary election. The court is created to hear the individual case, and ceases to exist when it has made its decision.
On 13 January 2011, a by-election was held for the UK House of Commons constituency of Oldham East and Saddleworth. Labour Party candidate Debbie Abrahams held the seat for her party with an increased majority over the Liberal Democrats, succeeding Phil Woolas, whose victory in the 2010 general election had been declared void because he had knowingly made false statements attacking his Liberal Democrat opponent's personal character.
Tower Hamlets First was a local political party represented in Tower Hamlets London Borough Council, which was launched to contest the 2014 local elections in the Borough. During its existence, it was the second largest party on Tower Hamlets Council and the fifth largest political party out of all the London borough councils.
The Recall of MPs Act 2015 is an act of the Parliament of the United Kingdom that makes provision for constituents to recall their member of Parliament (MP) and trigger a by-election. It received royal assent on 26 March 2015 after being introduced on 11 September 2014.
Erlam and others v Rahman and another [2015] EWHC 1215 (QB) is an English election court case challenging the 2014 election of Lutfur Rahman as the Mayor of the London Borough of Tower Hamlets. On 23 April 2015, Election Commissioner Richard Mawrey voided Rahman's election under the Representation of the People Act 1983 on the grounds of corrupt and illegal practices by him and his agents, and general corruption so extensively prevailing so to reasonably supposed to have affected the election. Rahman's official election agent Alibor Choudhury was ordered to vacate his own office of councillor in the ward of Stepney Green for being guilty of corrupt and illegal practices.
The United Kingdom General Election 2015 – Party Spending Investigation was a probe involving the UK Electoral Commission, numerous police forces, and the Crown Prosecution Service into spending by political parties and candidates, primarily during the 2015 general election campaign. This co-ordinated investigation has been described as 'an unprecedented and extraordinary situation'.
A by-election took place on 19 October 2023 in the United Kingdom parliamentary constituency of Mid Bedfordshire. It took place on the same day as the 2023 Tamworth by-election.
The election court will focus on whether the leaflet and a newsletter breached the 1983 Representation of the People Act. Under the act, anyone involved in an election campaign who "makes or publishes any false statement of fact in relation to the candidate's personal character or conduct" has committed an offence.
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