OpenLegislation

Section 114A Undue influenceF1F2C1C2C3C4C5C6C7

(1)

A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2)

A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of—

(a)

inducing or compelling a person to vote in a particular way or to refrain from voting, or

(b)

otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(3)

A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of subsection (4) on account of—

(a)

a person having voted in a particular way or refrained from voting, or

(b)

P assuming a person to have voted in a particular way or to have refrained from voting.

(4)

The following activities fall within this subsection—

(a)

using or threatening to use violence against a person;

(b)

damaging or destroying, or threatening to damage or destroy, a person’s property;

(c)

damaging or threatening to damage a person’s reputation;

(d)

causing or threatening to cause financial loss to a person;

(e)

causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f)

doing any other act designed to intimidate a person;

(g)

doing any act designed to deceive a person in relation to the administration of an election.

(5)

For the purposes of subsections (2) and (3) an activity is carried out by a person (“P”) if it is carried out—

(a)

by P,

(b)

by P jointly with one or more other persons, or

(c)

by one or more other persons on behalf of P and with P’s authority or consent.

(6)

In subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).

(7)

This section does not have effect in relation to an election in Scotland F3... under the local government Act.

Annotations

Textual amendments

F1

S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2

S. 114A inserted (1.11.2023) by Elections Act 2022 (c. 37), ss. 8(1), 67(1); S.I. 2023/1145, reg. 3(a)

F3

Words in s. 114A omitted (W.) (18.7.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 64(2), 72(4); S.I. 2025/846, art. 2

Modifications

C1

S. 114A applied (with modifications) (1.11.2023) by S.I. 1987/1, rule 6(ea)(i) (as inserted by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(3), 2(3))

C2

S. 114A excluded (1.11.2023) by S.I. 1987/1, rule 6(eb) (as inserted by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(3), 2(3))

C3

S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/323, Sch. 4 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 5(b))

C4

S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/444, Sch. 4 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 6(b))

C5

S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/2031, Sch. 4 Pt. 1 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 7(2)(b))

C6

S. 114A applied (with modifications) (1.11.2023) by S.I. 2012/2031, Sch. 8 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 1123/1141), regs. 1(2), 7(3)(b))

C7

S. 114A applied (with modifications) (1.11.2023) by S.I. 2001/2599, Sch. 1 (as amended by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 38; S.I. 2023/1145, reg. 3(h)(vi))

Notes on Part II

Modifications

C1

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1), Rules, 2, 6

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215), Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule 1(4), Sch. 1)

C2

Pt. 2 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)

C3

Pt. 2 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)

C4

Pt. 2 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)

C5

Pt. 2 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)

C6

Pt. 2 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)

C7

Pt. 2 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)

C8

Pt. 2 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)

C9

Pt. 2 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)

C10

Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)

C11

Pt. 2 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rules 1(2)(3), 6 (as amended (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 2 para. 6 (with reg. 12(d)))

C12

Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)