Section 82 Declarations as to election expenses.F1C1C2C3C4C5
United Kingdom
For the purposes of subsections (1) and (2) above, “the appropriate form”—
in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;
in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and
in any other case, is the form in Schedule 3 to this Act.
Where the candidate is out of the United Kingdom when the return is so delivered—
the declaration required by subsection (2) above may be made by him within 14 days after his return to the United Kingdom, and
in that case, the declaration shall be forthwith delivered to the appropriate officer,
but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Act relating to the return and declaration as to election expenses.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the candidate is his own election agent, the declaration by an election agent as to election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form in Schedule 3.
Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.
If a candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of a corrupt practice.
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
Word substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 28(a)
- F3
Words in s. 82(1) substituted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 24(2) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
- F4
Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 28(b)
- F5
Words in s. 82(2) substituted (14.12.1999) by 1999 c. 29, s. 17 Sch. 3 para. 24(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
- F6
S. 82(2A) inserted (14.12.1999) by 1999 c. 29, s. 17 Sch. 3 para. 24(4) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
- F7
S. 82(4) repealed (16.2.2001) by 2000 c. 41, ss. 138(1)(2), 158(2)(3), Sch. 18 para. 8, Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
- F8
S. 82(5A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 24(6) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
Modifications
- C1
S. 82 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
- C2
S. 82 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
- C3
S. 82 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
- C4
S. 82 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)
- C5
Ss. 73-90D restricted (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 7(2) (with reg. 7(8))
- C6
S. 82(5A) modified (4.5.2000) by S.I. 2000/1040, rule 60(3)(4) (which S.I. was revoked (14.1.2008) by S.I. 2007/3541, rule 1(1)(2)(b))
- C7
S. 82(5A) modified (4.5.2000) by S.I. 2000/1040, rule 60(1)(2) (which S.I. was revoked (14.1.2008) by S.I. 2007/3541, rule 1(1)(2)(b))
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)