Section 95 Schools and rooms for parliamentary election meetings.F1 C1 C2

United Kingdom

(1)

Subject to the provisions of this section, a candidate at a parliamentary election is entitled for the purpose of holding public meetings in furtherance of his candidature to the use F2free of charge of reasonable times between the receipt of the writ and F3the day preceding the date of the poll of—

(a)

a suitable room in the premises of a school to which this section applies;

(b)

any meeting room to which this section applies.

(F41A)

For the purposes of subsection (1), the writ is to be taken to have been received—

(a)

in the case of a general election, on the day after the date of the dissolution of Parliament, and

(b)

in the case of a by-election, on the day after the date of the warrant for the writ.

(2)

This section applies—

(a)

in England and Wales, to F5community, foundation and voluntary schools of which the premises are situated in the constituency or an adjoining constituency, and

(b)

in Scotland, to any school of which the premises are so situated, not being an independent school within the meaning of the M1Education (Scotland) Act 1980.

but a candidate is not entitled under this section to the use of a room in school premises outside the constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this section applies.

(3)

This section applies to meeting rooms situated in the constituency, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable.

(4)

Where a room is used for a meeting in pursuance of the rights conferred by this section, the person by whom or on whose behalf the meeting is convened—

(a)

F6shall defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting; and

(b)

shall defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

(5)

A candidate is not entitled to exercise the rights conferred by this section except on reasonable notice; and this section does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6)

The provisions of Schedule 5 to this Act have effect with respect to the rights conferred by this section and the arrangements to be made for their exercise.

(7)

For the purposes of this section (except those of paragraph (b) of subsection (4) above), the premises of a school shall not be taken to include any private dwelling F7. . ., and in this section—

(a)

the expression “meeting room” means any room which it is the practice to let for public meetings; and

(b)

the expression “room” includes a hall, gallery or gymnasium.

(8)

This section does not apply to Northern Ireland.

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: Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 37(a)(i)
F3: Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 37(a)(ii)
F4: S. 95(1A) inserted (24.3.2022) by Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 7
F5: Words in s. 95(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 10 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with Schs. 5-7)
F6: Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 37(b)
F7: Word in s. 95(7) repealed (16.2.2001) by 2000 c. 2, s. 15, Sch. 6 para. 7, Sch. 7 Pt. II; S.I. 2001/116, art. 2(1) (with arts. 2-4)

Marginal citations

M1: 1980 c. 44.

Modifications

C1: S. 95 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
C2: S. 95 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1