Schedule 1 APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE 1983 ACT, THE ELECTIONS (NORTHERN IRELAND) ACT 1985 AND THE 1985 ACT

Provision applied	Modifications
THE REPRESENTATION OF THE PEOPLE ACT 1983
In section 18 (polling districts and places at parliamentary elections), subsections (1), (7) and (9)^f1
Section 23 (rules for parliamentary elections)
Section 29 (payments by and to returning officer)^f2	Omit subsection (1) and (2).
	In subsection (5), for the words from “charged on” to “before”, substitute “paid by the Secretary of State on an account being submitted to him, but he may, if he thinks fit, before”.
	Omit subsection (6).
	Omit subsection (9).
Section 30 (taxation of returning officer’s account)
Section 49 (effect of registers)^f3	In subsection (5)(b)(iv) for “a local government” substitute “an”.
Section 50 (effect of misdescription)
In section 52 (discharge of registration duties), subsection (5)^f4	Omit the words from “Subsection” to “but”.
Section 54 (payment of registration expenses)^f5
Section 60 (personation)
Section 61 (other voting offences)^f6	In paragraphs (a) and (b) of subsection (1) omit the words “or at parliamentary or local government elections” and “or, as the case may be, at elections of that kind”.
Section 63 (breach of official duty)^f7	In subsection (3)— (a) omit paragraphs (a) and (c); (b) in paragraph (b) omit the words “sheriff clerk”; and (c) in paragraph (e) for the words “(a) to (d)” substitute “(b) and (d)”.
Section 65 (tampering with nomination papers, ballot papers etc.)^f8
Section 65A (false statements in nomination papers etc.)^f9
Section 66 (requirement of secrecy)^f10
Section 66A (prohibition on publication of exit polls)^f11
Section 67 (appointment of election agent)^f12
Section 68 (nomination of sub-agent at parliamentary elections)^f13
Section 69 (office of election agent and sub-agent)^f14
Section 70 (effect of default in election agent’s appointment)^f15
Section 71A (control of donations to candidates)^f16
Section 73 (payment of expenses through election agent)^f17
Section 74 (candidate’s personal expenses and petty expenses)^f18
Section 74A (expenses incurred otherwise than for election purposes)^f19
Section 75 (prohibition of expenses not authorised by election agent)^f20	Omit subsection (4).
Section 76 (limitation of election expenses)^f21
Section 77 (expenses limit for joint candidates at local election)	In subsection (1), for the words “a local government” substitute “an Assembly”.
Section 78 (time for sending in and paying claims)^f22
Section 79 (disputed claims)^f23
Section 80 (election agent’s claim)
Section 81 (return as to election expenses)^f24
Section 82 (declarations as to election expenses)^f25
Section 83 (where no return and declarations needed at parliamentary elections)
Section 84 (penalty for failure as respects returns or declarations)
Section 86 (authorised excuses for failures as to return and declarations)^f26
Section 87 (court’s power to require information from election agent or sub-agent)^f27
Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission)^f28	Omit subsection (1) and in subsection (2) for the words from “any election” to “above” substitute “an Assembly election”.
Section 88 (publication of time and place for inspection of returns and declarations)^f29
Section 89 (inspection of returns and declarations)^f30	In subsections (1) and (2), for the words “two years”, in each place where they occur, substitute “12 months”.
Section 90A (meaning of election expenses)^f31
Section 90B (incurring of election expenses for the purpose of section 90A)
Section 90C (property, goods and services etc. provided free of charge or at a discount)
Section 91 (candidate’s right to send election address post free)^f32
Section 92 (broadcasting from outside United Kingdom)^f33
Section 93 (broadcasting of local items during election period)^f34	Omit any reference to Sianel Pedwar Cymru.
	For subsection (5), substitute the following subsection: “(5) For the purposes of subsection (1) “the election period” in relation to an Assembly election means the period beginning with the last date on which notice of election may be published in accordance with the elections rules and ending with the date of the poll.”.
Section 94 (imitation poll cards)^f35
Section 97 (disturbances at election meetings)	For subsection (2), substitute the following subsection: “(2) This section applies to a political meeting held in any constituency in connection with an Assembly election on any date between the last date on which notice of an election may be published in accordance with the elections rules and the date of the poll.”.
Section 98 (premises not affected for rates)
Section 99 (officials not to act for candidates)^f36
Section 100 (illegal canvassing by police officers)^f37
Section 106 (false statements as to candidates)^f38
Section 107 (corrupt withdrawal from candidature)
Section 109 (payments for exhibition of election notices)
Section 110 (printer’s name and address on election publications)^f39
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 113 (bribery)
Section 114 (treating)
Section 115 (undue influence)
Section 116 (rights of creditors)
Section 117 (savings as to parliamentary elections)
Section 118 (interpretation of Part II)^f40
Section 118A (meaning of candidate)^f41	In subsection (2)— (a) for “Parliament” substitute “the Assembly” and (b) for the words “the writ for the election is issued” substitute “the election is held”.
Section 119 (computation of time for purposes of Part II)^f42
Section 120 (method of questioning parliamentary election)
Section 121 (presentation and service of parliamentary election petition)^f43
Section 122 (time for presentation or amendment of parliamentary election petition)^f44	In subsection (1), for the words from “the return” to the end substitute “the day on which the relevant result was declared in accordance with rule 50 of the elections rules”.
	In subsection (2), for the words “that return” substitute “that declaration of the result of the election”.
Section 123 (constitution of election court and place of trial)
Section 124 (judges' expenses and reception: England and Wales and Northern Ireland)^f45	For “the Treasury” substitute “the Secretary of State”.
Section 126 (attendance of the House of Commons shorthand writer)^f46	In subsection (1), for the words “The shorthand writer of the House of Commons or his deputy” substitute “A shorthand writer”.
	In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”.
	In subsection (3), omit the words “In Scotland” and for the words “section 125” substitute “section 124”.
Section 136 (security for costs)^f47
Section 137 (petition at issue)^f48
Section 138 (list of petitions)^f49	In subsection (3), omit the words from the beginning of the subsection to “local government Act”.
Section 139 (trial of petition)	In subsection (3) omit the words from “the acceptance” to “notwithstanding”, in the third place where it occurs.
Section 140 (witnesses)^f50
Section 141 (duty to answer relevant questions)^f51
Section 143 (expenses of witnesses)
Section 144 (conclusion of trial of parliamentary election petition)	In subsections (2), (4) and (6), for the word “Speaker”, in each place where it occurs, substitute “Chief Electoral Officer”.
	Omit subsections (5) and (7).
Section 146 (special case for determination of High Court)	In subsection (2), for the word “Speaker” substitute “Chief Electoral Officer”.
Section 147 (withdrawal of petition)
Section 154 (costs of petition)
Section 155 (neglect or refusal to pay costs)
Section 156 (further provision as to costs)^f52
Section 157 (appeals and jurisdiction)^f53	For subsection (2), substitute the following subsection: “(2) Subject to the provisions of this Act and the rules made under it, the principles, practice and rules on which election courts act in dealing with parliamentary election petitions shall be observed, so far as may be, by the High Court and election court in the case of election petitions relating to Assembly elections.”.
Section 158 (report as to candidate guilty of a corrupt or illegal practice)
Section 159 (candidate reported guilty of corrupt or illegal practice)^f54
Section 160 (persons reported personally guilty of corrupt or illegal practices)^f55	In subsection (4)— (a) after the word “Kingdom” insert “or local election”; and (b) after the word “Commons”, in each place where it occurs, insert “or the Assembly”.
	Omit subsection (6)
Section 161 (justice of the peace)^f56
Section 162 (member of legal and certain other professions)
Section 163 (holder of licence or certificate under the Licensing Acts)
Section 164 (avoidance of election for general corruption etc.)
Section 165 (avoidance of election for employing corrupt agent)
In section 166 (votes to be struck off for corrupt or illegal practices) subsections (2) and (3)
Section 167 (application for relief)^f57
Section 168 (prosecutions for corrupt practices)^f58
Section 169 (prosecutions for illegal practices)^f59
Section 170 (conviction of illegal practice on charge of corrupt practice etc.)
Section 173 (incapacities on conviction of corrupt or illegal practice)^f60	In subsection (1)— (a) after the word “Kingdom” insert “or local election”; and (b) after the word “Commons”, in each place where it occurs, insert “or the Assembly”. In subsection (7)— (a) for the words from “House” to “elective office” substitute “Assembly”; and (b) for the words from “Parliament” to “that office” substitute “the Assembly”.
	Omit subsection (10).
Section 174 (mitigation and remission etc.)^f61
Section 175 (illegal payments etc.)^f62
Section 176 (time limit for prosecutions)^f63
Section 178 (prosecution of offences committed outside United Kingdom)^f64
Section 179 (offences by associations)
Section 180 (evidence by certificate of holding of elections)
Section 180A (evidence by certificate of electoral registration)^f65
Section 181 (Director of Public Prosecutions)^f66
Section 183 (costs)
Section 184 (service of notices)^f67
Section 185 (interpretation of Part III)^f68
Section 186 (computation of time for purposes of Part III)
Section 200 (public notices, and declarations)^f69
Section 200A (remuneration for free postal services provided under Act)^f70	In subsection (3), for the words from “charged” to the end substitute “paid by the Secretary of State”.
Section 202 (general provisions as to interpretation)^f71
Section 205 (general application to Northern Ireland)^f72

Annotations

Footnotes

f1: Section 18(7) was amended by paragraph 4(4) of Schedule 4 to the Act of 1985.
f2: Section 29 was amended by the Representation of the People Act 1991 (c. 11) and the Transfer of Functions (Returning Officers' Charges) Order 1991 (S.I. 1991/1728); amendments made by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 are not yet in force.
f3: Subsections (1) and (2) of section 49 were repealed by Schedule 6 to the Representation of the People Act 2000 (“the 2000 Act”); subsection (3) was repealed by Schedule 5 to the 1985 Act; subsection (5) was substituted by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948) and amended by Schedule 1 to the 2000 Act; subsection (6) was inserted by that Schedule.
f4: Section 52(5) was substituted by paragraph 12 of Schedule 4 to the Act of 1985.
f5: Section 54 was amended by Schedule 4 to the 1985 Act.
f6: Section 61 was amended by paragraph 2 of Schedule 2 to the Act of 1985 and subsection (6A) was inserted by section 2(5) of the Elections (Northern Ireland) Act 1985 (c. 2); other amendments made by the Greater London Authority Act 1999 (c. 29) are not relevant to this Order.
f7: Section 63 was substituted by paragraph 19 of Schedule 4 to the Act of 1985.
f8: Subsections (3) and (4) of section 65 were substituted by paragraph 2 of Schedule 3 to the Act of 1985.
f9: Section 65A was inserted by Schedule 6 to the 2000 Act.
f10: Section 66(6) was amended by paragraph 3 of Schedule 3 to the Act of 1985.
f11: Section 66A was inserted by Schedule 6 to the 2000 Act.
f12: Section 67(4) was amended by paragraph 20 of Schedule 4 to the Act of 1985.
f13: Section 68(3) was amended by paragraph 21 of Schedule 4 to the Act of 1985.
f14: Section 69 was amended by paragraph 22 of Schedule 4 to the Act of 1985 and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f15: Subsection (3A) of section 70 was inserted by paragraph 23 of Schedule 4 to the Act of 1985.
f16: Section 71A was inserted by section 130(2) of the Political Parties, Elections and Referendums Act 2000.
f17: Section 73 was amended by section 14(1) of the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f18: Section 74 was amended by section 14(2) of the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f19: Section 74A was inserted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f20: So far as material, section 75 has been amended as follows: section 75(1)(i) was amended by Schedule 20 to the Broadcasting Act 1990 (c. 42) and Schedule 10 to the Broadcasting Act 1996 (c. 55); section 75(1)(ii) was amended, and section 75(1ZA) was inserted, by section 131 of the Political Parties, Elections and Referendums Act 2000; and subsections (2), (4) and (5) were amended by Schedule 4 to the 1985 Act.
f21: Subsections (1) and (2)(aa) of section 76 were substituted, and subsection (1B) was inserted, by section 132 of the Political Parties, Elections and Referendums Act 2000; subsection (2)(a) was amended by section 6 of the Representation of the People Act 1989 (c. 28) and the sums in that provision were substituted by S.I. 2001/535; words were omitted from subsection (2) by Schedule 1 to the Representation of the People Act 2000 and subsection (4) was substituted by that Schedule; and subsection (3) was repealed by Schedule 4 to the 1985 Act.
f22: Subsections (1) and (4) of section 78 were amended by Schedule 4 to the 1985 Act; subsections (1) and (2) were amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000; subsection (6) was repealed, and subsection (7) was substituted, by that Schedule.
f23: Subsections (1) and (4) of section 79 were amended by paragraph 26 of Schedule 4 to the Act of 1985 and subsection (3) was repealed by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f24: Section 81 was amended, so far as material to this Order, by Schedule 4 to the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f25: Section 82 was amended by Schedule 4 to the 1985 Act and subsection (4) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.
f26: Subsection (1A) of section 86 was inserted by paragraph 30(a) of Schedule 4 to the Act of 1985 and subsection (2) amended by paragraph 30(b) of that Schedule; subsection (10) was substituted, and subsections (9) and (11) were repealed, by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f27: Section 87(3) was amended by paragraph 31 of Schedule 4 to the Act of 1985.
f28: Section 87A was inserted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f29: Section 88 was amended, so far as material, by Schedule 4 to the 1985 Act.
f30: Subsections (1) and (1A) of section 89 were substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 and subsection (3) was amended by Schedule 4 to the 1985 Act.
f31: Sections 90A to 90C were inserted by section 134(1) of the Political Parties, Elections and Referendums Act 2000.
f32: Section 91(1) was substituted by Schedule 4 to the 1985 Act; subsections (1), (2) and (3) of section 91 were amended, and subsection (5) was inserted, by Schedule 8 to the Postal Services Act 2000 (c. 26); and subsection (4) was substituted by Schedule 4 to the 2000 Act.
f33: Section 92(1) was substituted by Schedule 20 to the Broadcasting Act 1990 (c. 42).
f34: Section 93 was substituted by section 144 of the Political Parties, Elections and Referendums Act 2000.
f35: Section 94 was amended by paragraph 36 of Schedule 4 to the Act of 1985 but the amendments are not relevant to this Order.
f36: Section 99(2) was substituted by Schedule 3 to the 1985 Act.
f37: Section 100(2) was amended by Schedule 3 to the 1985 Act.
f38: Section 106(4) was repealed by Schedule 5 to the 1985 Act; section 106(8) was repealed, and section 106(9) was substituted, by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f39: Section 110 was substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 but the commencement of the new provision now rests on an order to be made under section 2(1) of the Election Publications Act 2001 (c. 5); the original section 110(3) which has returned into force was amended by Schedule 3 to the 1985 Act.
f40: Section 118 was amended by paragraph 43 of Schedule 4 to the 1985 Act, section 135(1) of the Political Parties, Elections and Referendums Act 2000 and Schedule 18 to that Act.
f41: Section 118A was inserted by section 135(2) of the Political Parties, Elections and Referendums Act 2000.
f42: Subsections (2) and (3) of section 119 were substituted by section 19(4) of the 1985 Act.
f43: Section 121(5) was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f44: Section 122(4) was amended by Schedule 4 to the 1985 Act and section 122(8) was repealed by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f45: Section 124 was repealed in part by Schedule 5 to the 1985 Act.
f46: Section 126(3) was repealed in part by Schedule 5 to the 1985 Act and amended by Schedule 4 to that Act.
f47: Section 136 was amended by Schedule 4 to the 1985 Act and Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f48: Section 137 was substituted by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.
f49: Section 138(1) was amended by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.
f50: Section 140 was amended by paragraph 49 of Schedule 4 to the Act of 1985.
f51: Subsections (3) and (4) of section 141 were repealed by Schedule 5 to the Act of 1985.
f52: Section 156 was amended by Schedule 4 to the 1985 Act.
f53: Section 157(5) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.
f54: Section 159(2) was repealed by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.
f55: Words were omitted from subsection (1) of section 160 and subsection (2) was repealed by Schedule 5 to the 1985 Act; subsection (3) was substituted by Schedule 4 to that Act; subsections (4) to (5A) were substituted by Schedule 17 to the Political Parties, Elections and Referendums Act 2000.
f56: Sections 161 to 163 were repealed in part by Schedule 5 to the 1985 Act and amended by Schedule 4 to that Act.
f57: Section 167(1A) was inserted by paragraph 56 of Schedule 4 to the 1985 Act and subsection (4) was omitted, and subsection (5) was substituted, by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f58: Subsection (1) of section 168 was substituted for subsections (1) to (4) by paragraph 8 of Schedule 3 to the Act of 1985 and subsections (5) and (6) were repealed by Schedule 5 to that Act.
f59: Section 169 was repealed in part by Schedule 5 to the Act of 1985 and amended by paragraph 9 of Schedule 3 to that Act.
f60: Section 173 was substituted by section 136 of the Political Parties, Elections and Referendums Act 2000.
f61: Section 174(6) was repealed by Schedule 22 to the Political Parties, Elections and Referendums Act 2000.
f62: Section 175(1) was amended by Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and Schedule 3 to the 1985 Act.
f63: Section 176 was amended by Schedule 4 to the 1985 Act.
f64: Section 178 was substituted by Schedule 4 to the 1985 Act.
f65: Section 180A was inserted by Schedule 1 to the 2000 Act.
f66: Subsections (1), (2) and (3) of section 181 were amended by Schedule 4 to the 1985 Act; subsection (6) was repealed in part by Schedule 5 to that Act; and subsection (8) was repealed by Schedule 2 to the Prosecution of Offences Act 1985 (c. 23).
f67: Section 184(1) was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f68: Section 185 was amended by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.
f69: Section 200(1) was substituted by paragraph 68 of Schedule 4 to the 1985 Act.
f70: Section 200A was inserted by Schedule 8 to the Postal Services Act 2000 (c. 26).
f71: Section 202(1) was amended by section 4(5) of, and paragraph 3 of Schedule 2 to, the Act of 1985 and repealed in part by Schedule 5 to that Act; the definitions of “citizen of the Union” and “relevant citizen of the Union” were inserted by regulation 4(2) of the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948); and the definition of “registered political party” was inserted by Schedule 3 to the Greater London Authority Act 1999 (c. 29) and amended by Schedule 21 to the Political Parties, Elections and Referendums Act 2000.
f72: Section 205(1) was amended by Schedule 4 to the 1985 Act.