Paragraph 28 F1

(1)

This paragraph applies to any material—

(a)

which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well), and

(b)

which is, or is contained in, such a document as is mentioned in sub-paragraph (4), (5) or (6).

(2)

No material to which this paragraph applies may be published unless the requirements of sub-paragraph (4), (5) or (6) (as the case may be) are complied with.

(3)

For the purposes of sub-paragraphs (4), (5) and (6) the following details are the “relevant details”—

(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 sub-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 on its first or last page, and

(b)

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

(7)

Where material to which this paragraph applies is published in contravention of sub-paragraph (2) then (subject to sub-paragraph (8) and paragraph 14)—

(a)

the promoter of the material,

(b)

any other person by whom the material is so published, and

(c)

the printer of the document,

are each guilty of an electoral offence.

(8)

It is a defence for a person charged with an electoral offence under this paragraph to prove—

(a)

that the contravention of sub-paragraph (2) arose from circumstances beyond the person’s control, and

(b)

that the person took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(9)

In this paragraph—

“print” means print by whatever means, and “printer” is to be construed accordingly;
“the promoter”, in relation to any material to which this paragraph applies, means the person causing the material to be published;
“publish” means make available to the public at large, or any section of the public.

(10)

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

Annotations

Textual amendments

F1: Sch. 9 para. 28 substituted (11.8.2021) by The Local Elections (Northern Ireland) (Amendment) Order 2021 (S.I. 2021/880), arts. 1(2), 2

Notes on the whole Act

Textual amendments

F1: Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13

Notes on Schedule NINTH

Textual amendments

F1: mod. SI 2003/1557