Section 63 Breach of official duty.F1 C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 F2

United Kingdom

(1)

If a person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)

No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

(3)

The persons to whom this section applies are—

(a)

the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

(b)

any F3... registration officer, returning officer or presiding officer,

(c)

any other person whose duty it is to be responsible after a F4parliamentary or local government election for the used ballot papers and other documents (including returns and declarations as to expenses),

(d)

any F5official designated by a universal postal service provider, and

(e)

any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by the law relating to parliamentary or local government elections or the registration of parliamentary or local government electors.

(F64)

Where—

(a)

a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but

(b)

he remedies that act or omission in full by taking steps under subsection (1) of that section,

he shall not be guilty of an offence under subsection (1) above.

(5)

Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

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. 63 substituted for ss. 63, 64 by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 19
F3: Words in s. 63(3)(b) repealed (26.3.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 25(a), 43(1), Sch. 7; S.I. 2010/969, art. 2(a)(c) (with art. 3)
F4: Words in s. 63 inserted (1.1.2007 for E.W.S. and 14.5.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 41(8), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(t) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 3
F5: Words in s. 63(3)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 57(2)
F6: S. 63(4)(5) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 46(6), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

Modifications

C1

S. 63 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I

S. 63 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 63 applied (with modifications) (E.W.) by S.I. 1986/1081, regs. 2, 14(3)(4)(5), Sch. 3 Pt. I (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

S. 63 applied (with modifications) (N.I.) by S.I. 1986/1091, regs. 2, 14(3)(4)(5), Sch. 3 Pt. I

S. 63 applied (with modifications) (S.) by S.I. 1986/1111, regs. 2, 13(3)(4)(5), Sch. 3 Pt. I

S. 63 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 63 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1

S. 63 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2

S. 63 applied (with modifications) (E.W.) (16.2.2001) by S.I. 2001/341, reg. 13(4)(5), Sch. 4 Pt. I

S. 63 applied (with modifications) (N.I.) (16.2.2001) by S.I. 2001/400, reg. 13(3)(4), Sch. 4 Pt. I

S. 63 applied (with modifications) (9.4.2001) by S.I. 2001/1184, reg. 9, Sch. Pt. I (as substituted (17.3.2009) by S.I. 2009/726, regs. 1(1), 2(3)(4), Sch.)

S. 63 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6(2), Sch. 2 Pt. 2

S. 63 applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 Table 1}

C2

S. 63 applied (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 8(2)(3)

C3

S. 63 applied (with modifications) (N.I.) (1.7.2008) by The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741), reg. 14(3)(4), Sch. 4

C4

S. 63 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}

C5

S. 63 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C6

S. 63 applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1

C7