Representation of the People Act 1995


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Representation of the People Act 1995

c i e
AT 13 of 1995

REPRESENTATION OF THE PEOPLE ACT

1995

Representation of the People Act 1995 Index


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c i e
REPRESENTATION OF THE PEOPLE ACT 1995

Index Section Page

PART 1 – THE HOUSE OF KEYS 9

Qualifications for membership of the Keys 9

1 Qualifications for membership of the Keys ................................................................ 9
Term of the Keys 10

2 Term of the Keys and date of election ....................................................................... 10
3 Summoning, prorogation and dissolution of the Keys ........................................... 10
4 Extension of term of Keys in emergency ................................................................... 11
Vacancies in the Keys 12

5 Report of casual vacancies ........................................................................................... 12
6 Vacancy in seat .............................................................................................................. 12
7 Penalty for sitting or voting when seat vacant ......................................................... 13
Further provisions as to the Keys 14

8 Members to take oaths ................................................................................................. 14
9 Election of Speaker ....................................................................................................... 14
9A Election of Deputy Speaker ......................................................................................... 14
9B Disqualifications ........................................................................................................... 15
10 Saving for privileges of the Keys ................................................................................ 15
PART 1A — REGISTRATION AND CONDUCT OF POLITICAL

PARTIES 16

10A Requirements for political parties to be registered .................................................. 16
10B Conditions of registration ............................................................................................ 16
10C Restriction on name and emblem used by registered political party .................... 16
10D Application for registration of political party........................................................... 17
10E Consideration of application for registration of political party ............................. 17
10F Registration of political party ..................................................................................... 17
10G Application for change of name or emblem of registered political party ............ 18
10H Changes in particulars of registered party ................................................................ 18
10I Accounts to be audited and filed ................................................................................ 19
10J Anonymous donations ................................................................................................. 19
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10K Removal from the register ........................................................................................... 20
10L Inspection of register of political parties ................................................................... 20
10M Appeals .......................................................................................................................... 21
10N Interpretation of Part 1A ............................................................................................. 21
PART 2 – ORGANISATION OF ELECTIONS 21

Constituencies etc. 21

DIVISION 1 – THE ELECTORAL COMMISSION 21
11 The Electoral Commission .......................................................................................... 21
DIVISION 2 – ELECTORAL AREAS 22
11A Constituencies ............................................................................................................... 22
12 Polling districts ............................................................................................................. 23
DIVISION 3 – RETURNING OFFICERS 23
Returning officers 23

13 Appointment of returning officers ............................................................................. 23
14 Disqualification as returning officer etc .................................................................... 23
15 Returning officer may be elected and may vote ...................................................... 24
16 Returning officer to take oath of office ...................................................................... 24
17 Powers of returning officer for maintenance of peace ............................................ 24
18 Deputy returning officers ............................................................................................ 25
19 Powers and duties of deputy returning officers ...................................................... 25
Financial provisions 26

20 Payment of official expenses of returning officers .................................................. 26
DIVISION 4 – ELECTION DONATIONS AND EXPENSES 26
20A Donations received ....................................................................................................... 26
20B Disposal of anonymous donations ............................................................................ 27
20C Election expenses .......................................................................................................... 27
20D Requirements in respect of declarations ................................................................... 28
20E Verification of expenses ............................................................................................... 29
20F Requirement to provide information and documents to candidate ..................... 29
20G Interpretation ................................................................................................................ 29
PART 3 – HOLDING OF ELECTIONS 29

Writs of election 29

21 Writs of election ............................................................................................................ 29
Conduct of elections 30

22 Proceedings ................................................................................................................... 30
23 Effect of non-compliance with election regulations ................................................ 31
Voting at election 31

24 Entitlement to vote at election .................................................................................... 31
25 Place and manner of voting ........................................................................................ 32
26 Advance votes ............................................................................................................... 32
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27 Proxy votes .................................................................................................................... 32
28 Employers to grant facilities for voting ..................................................................... 33
Supplemental provisions as to elections 33

29 Effect of registers ........................................................................................................... 33
30 Public notices ................................................................................................................. 34
31 Distribution of election manifestos ............................................................................ 34
31A Election observers ......................................................................................................... 34
31B Attendance and conduct of observers ....................................................................... 35
31C Code of practice on attendance of observers at elections etc.................................. 35
PART 4 – OFFENCES ETC. IN CONNECTION WITH ELECTIONS 36

Corrupt and illegal practices 36

32 Corrupt and illegal practices ....................................................................................... 36
Corrupt practices 37

33 Personation .................................................................................................................... 37
34 Bribery ............................................................................................................................ 38
35 Treating .......................................................................................................................... 39
36 Undue influence ............................................................................................................ 39
Illegal practices 40

37 Election publications .................................................................................................... 40
38 Imitation poll cards....................................................................................................... 41
39 Corrupt withdrawal from candidature ..................................................................... 41
40 Premises not to be used as committee rooms ........................................................... 41
41 [Repealed] ...................................................................................................................... 42
42 Providing money for illegal purposes ....................................................................... 42
43 Voting offences .............................................................................................................. 42
Criminal offences 43

44 Offences of corrupt practices etc................................................................................. 43
44A Offences in connection with political parties ............................................................ 43
44B Offences in connection with funding ......................................................................... 44
45 Breach of official duty .................................................................................................. 44
46 Offences in respect of nomination papers etc ........................................................... 45
47 Requirement of secrecy ................................................................................................ 46
48 Refusal to obey lawful commands of returning officer ........................................... 47
49 Defacing of notices........................................................................................................ 47
50 Display of lists showing how persons will vote ....................................................... 47
51 Issue etc of certain election documents ..................................................................... 47
52 Officials not to act for candidates ............................................................................... 48
53 Canvassing by police officers ...................................................................................... 48
Supplemental 48

54 Rights of creditors ......................................................................................................... 48
55 Interpretation of Part 4 ................................................................................................. 48
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PART 5 – LEGAL PROCEEDINGS 49

Questioning of an election 49

56 Election petition ............................................................................................................ 49
57 Report as to candidate guilty of corrupt or illegal practices .................................. 49
Consequences of finding of corrupt or illegal practice 50

58 Avoidance of election if candidate reported guilty ................................................. 50
59 Disciplinary action on report etc of corrupt practice .............................................. 50
Avoidance of elections etc.: further provisions 51

60 Avoidance of election for general corruption .......................................................... 51
61 Avoidance of election for employing corrupt agent ............................................... 51
62 Votes to be struck off for corrupt or illegal practices .............................................. 51
63 Relief for innocent act .................................................................................................. 52
Prosecutions for corrupt practices etc. 52

64 Prosecution for corrupt practices etc ......................................................................... 52
65 Prosecution of offences disclosed on election petition ............................................ 53
Incapacities 55

66 Incapacities on report or conviction of corrupt or illegal practice ........................ 55
67 Mitigation and remission of incapacities .................................................................. 56
General provisions as to prosecutions 57

68 Time limit for prosecutions ......................................................................................... 57
69 Offences by corporations ............................................................................................. 57
70 Evidence by certificate of holding of elections ......................................................... 57
71 Functions of Attorney General ................................................................................... 57
Supplemental 58

72 Injunction restraining false statement ....................................................................... 58
73 Rules of court ................................................................................................................ 58
74 Service of notices .......................................................................................................... 58
75 Interpretation of Part 5 ................................................................................................ 58
PART 6 – MISCELLANEOUS AND SUPPLEMENTAL 59

76 [Repealed] ...................................................................................................................... 59
Supplemental 59

77 Interpretation: general ................................................................................................. 59
78 [Repealed] ...................................................................................................................... 61
79 Local elections ............................................................................................................... 61
80 Regulations .................................................................................................................... 61
81 Transitional provisions, amendments, repeals and revocations ........................... 61
82 Short title and commencement ................................................................................... 61
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SCHEDULE 1 63

SCHEDULE 2 63

SCHEDULE 3 63

PROCEDURE ON ELECTION PETITION 63
SCHEDULE 3A 72

DONATIONS AND ELECTION EXPENSES 72
SCHEDULE 4 76

SCHEDULE 5 76

SUBSTITUTED SCHEDULE 1 TO THE LOCAL ELECTIONS ACT 1986 76
SCHEDULE 6 76

SCHEDULE 7 76

AMENDMENT OF ENACTMENTS 76
SCHEDULE 8 76

REPEALS AND REVOCATIONS 76
ENDNOTES 79

TABLE OF LEGISLATION HISTORY 79
TABLE OF RENUMBERED PROVISIONS 79
TABLE OF ENDNOTE REFERENCES 79

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c i e
REPRESENTATION OF THE PEOPLE ACT 1995

Received Royal Assent: 18 October 1995
Passed: 19 October 1995
Commenced: 1 January 1996
AN ACT
to re-enact with amendments the Representation of the People Acts
1951 to 1990; and for connected purposes.
EDITORIAL NOTE:
This version of this Act, which comes into operation on 23
September 2015, applies only to the 2016 General Election and any subsequent election
to the House of Keys.
The amendments made to this Act by the Representation of the People (Amendment)
Act 2015 will not apply to any by-election to the existing House of Keys. Accordingly,
the previous version of this Act will continue to apply to any by-election to the existing
House (see SD 2015/0303).
PART 1 – THE HOUSE OF KEYS

Qualifications for membership of the Keys
1 Qualifications for membership of the Keys

(1) A person may stand as a candidate for, and be elected a member of, the
Keys for a constituency if at the time of nomination as a candidate the
person —
(a) has reached the age of majority,
(b) is either a British citizen or has the right to remain in the Island,
(c) is ordinarily resident in the Island and has been so resident for a
period of, or for periods amounting in the aggregate to, 5 years or
more, and
(d) is registered on the register of electors for any electoral area in the
Island,
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provided that the person is not disqualified under subsection (2).
(2) A person is disqualified for being a candidate for election for the Keys if
at the time the person is nominated as a candidate the person —
(a) is the holder of an office of profit under the government of any
country or territory outside the Island;
(b) has been convicted of a relevant offence, unless the conviction is
spent for the purposes of the Rehabilitation of Offenders Act 2001;
(c) is incapable of being elected to and sitting in the Keys by virtue of
section 66 (incapacities on report or conviction of corrupt or illegal
practice);
(d) is serving a custodial sentence following conviction for any
offence;
(e) is an undischarged bankrupt; or
(f) is subject to any incapacity by virtue of this or any other Act.
(3) For the purpose of subsection (1)(b) a person has the right to remain in
the Island if the person —
(a) has indefinite leave to remain in the Island, within the meaning of
the Immigration Act 1971 (of Parliament), as it has effect in the
Island (the “1971 Act”); or
(b) does not under the 1971 Act require leave to enter or remain in the
Island, by virtue of section 7(1) of the Immigration Act 1988 (of
Parliament), as it has effect in the Island;
and, in either case, the person is not liable to deportation under section
3(5) or (6) of the 1971 Act.
(4) For the purposes of subsection (2)(b) a relevant offence is an offence
(wherever committed) involving corruption, bribery or dishonesty or an
offence (of any kind) under this Act or under the legislation of another
country or territory equivalent to this Act.1

Term of the Keys
2 Term of the Keys and date of election

(1) A general election must be held on the fourth Thursday in September of
every fifth year starting with 2016.
(2) The Keys is dissolved (unless sooner dissolved under section 3) 6 weeks
before the general election.2

3 Summoning, prorogation and dissolution of the Keys

(1) Whenever the Governor thinks it expedient The Governor may —
(a) by precept under the Governor’s hand —
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(i) summon the Keys when not in session, or when the Keys
stand adjourned or prorogued though adjourned or
prorogued to a more distant date or for a longer period; or
(ii) prorogue the Keys; or3

(b) by proclamation dissolve the Keys and issue fresh writs for a
general election of members to serve therein.4

(2) No proclamation under subsection (1)(b) shall be necessary on the
dissolution of the Keys by virtue of section 2.
(3) Unless it is impracticable to do so, the Governor shall seek the advice of
the Chief Minister before exercising any of the powers conferred by this
section.
4 Extension of term of Keys in emergency

(1) During any period of national emergency the Governor may by order —
(a) extend the term of the Keys or the term of office of any member of
the Council elected by the Keys, by a period of one year from the
date when otherwise the term of the Keys would expire, or the
member cease to hold office; and
(b) declare that the register of electors in force at the time of the
making of such order shall remain in force for a period of
one year.5

(2) On any such order being made, the provisions of this and any other
enactment relating to members of the Keys, or to elected members of the
Council, shall be construed as if they were modified in such a manner as
to give effect to this section, and the order, or a subsequent order under
subsection (1), may make such provision as is necessary to effect such
modification.
(3) Where an order under subsection (1) has been made, a further such order
may not be made with respect to a subsequent year unless —
(a) a general election of the Keys intervenes, or
(b) the making of the order is previously approved by Tynwald.
(4) If any question arises as to any matter under this section, or the operation
of this section, the question shall stand referred to the Deemsters, who
shall determine it summarily after hearing any parties they consider
ought to be heard.
(5) In this section “national emergency” means any period which, in the
opinion of the Governor, constitutes a state of national emergency due to
a state of war, or apprehended or threatened war, or international
disturbance.
Section 5 Representation of the People Act 1995


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Vacancies in the Keys
5 Report of casual vacancies

The Speaker shall, within 7 days of any casual vacancy in the Keys coming to
the Speaker’s notice other than by reason of the Speaker’s own resignation
under section 6(10), report the vacancy in writing to the Governor, stating the
name of the constituency by which the new member is to be returned.6

6 Vacancy in seat

[1974/34/11; 1971/12/1; 1986/10/2/3; 1989/4/1/1]
(1) If any sitting member of the Keys is punished with custody (whether or
not suspended) for any offence triable on information, the member’s seat
shall be vacant —
(a) if he or she appeals, or applies for leave to appeal, against his or
her conviction or sentence, on the determination or withdrawal of
the appeal or, if leave to appeal is refused, on the refusal of such
leave;7

(b) if he or she does not so appeal or apply, on the expiration of the
period within which the appeal or application must be made.8
9

(2) The Keys may by resolution declare the seat of a member of the Keys to
be vacant where he or she —
(a) has been certified by the Clerk of the Rolls to the Speaker to be
incapable by reason of mental disorder of taking care of himself or
herself or of managing his or her own affairs; or10

(b) fails to attend at least three-quarters of the total number of sittings
of the Keys and Tynwald within any period of 12 months.11

(3) For the purpose of subsection (2)(b) a member of the Keys shall not be
treated as failing to attend any sitting of the Keys or of Tynwald in
respect of which the member is granted leave of absence by the Speaker
or the Keys, or by the President of Tynwald, as the case may be.12

(4) If the holder of any office of profit under the Government of the Island is
elected as a member of the Keys, his or her seat shall become vacant
unless within 7 days from the date of his election to the Keys, he or she
gives such notice or takes such other step as is necessary to vacate that
office on the earliest practicable day thereafter; and if he or she
subsequently withdraws that notice or revokes that step, he or she shall
be treated for the purpose of subsection (6) as having accepted that
office.13

(5) If any sitting member of the Keys is adjudicated bankrupt, the High
Court shall certify the fact to the Speaker; and if within 6 months of the
date of the order of adjudication —
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(a) the adjudication is not annulled, and
(b) the member does not obtain his or her discharge, with a certificate
under section 16(2)(b) of the Bankruptcy Code 1892 (bankruptcy
caused by misfortune without misconduct),14

the High Court shall on the expiry of that period certify the fact to the
Speaker, and the seat of the member shall thereupon be vacant.
(6) If any sitting member of the Keys —
(a) accepts an office of profit under the Government of the Island or
the government of any country or territory outside the Island, or
(b) becomes a member of the Council or of a local authority,
the member’s seat shall thereupon be vacant.15

(7) For the purpose of subsection (6) —
(a) a person shall not be treated as accepting an office of profit by
reason only —
(i) of accepting any payment under the Payment of Members’
Expenses Act 1989, or
(ii) during a national emergency, of enlisting in or being
appointed to a commission in any of Her Majesty’s forces;
(b) a person becomes a member of a local authority on making a
declaration of acceptance of office as such pursuant to section 10
of the Local Elections Act 1986.16

(8) A member of the Keys who accepts an office of profit shall be eligible for
re-election to any constituency on vacating such office.17

(9) A sitting member of the Keys other than the Speaker may resign his or
her seat on giving to the Speaker one month’s previous notice in writing
of his or her intention so to do, and at the expiry of such notice his or her
seat shall thereupon become vacant.18

(10) The Speaker may resign his or her seat on giving to the Governor one
month’s previous notice in writing of his or her intention so to do, and at
the expiry of such notice his or her seat shall thereupon become vacant.19

7 Penalty for sitting or voting when seat vacant

If the seat of a member of the Keys has become vacant and the member sits or
votes as a member of the Keys during the vacancy of the seat, the member is
guilty of an offence and liable on summary conviction to a fine not exceeding
£5,000 in respect of each occasion upon which the member so sits or votes.20

Section 8 Representation of the People Act 1995


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Further provisions as to the Keys
8 Members to take oaths

No member of the Keys shall be permitted to sit and to vote in the Keys until
the member has taken and subscribed the oaths required by law.21

9 Election of Speaker

(1) The members of the Keys shall —
(a) on their first assembling after every general election, and
(b) on the vacation of the office of Speaker under subsection (2)(a), (b)
or (c),
forthwith proceed to elect one of their number to be Speaker.
(1A) The members of the Keys shall appoint an acting Speaker to preside over
an election under subsection (1).22

(1B) The office of acting Speaker terminates automatically upon the election
of the Speaker under subsection (1).23

(2) The office of Speaker shall be vacated —
(a) on the death of the Speaker;
(b) on his or her resignation by notice in writing to the members of
the Keys of his or her office, or by his or her seat becoming vacant
under section 6;24

(c) on his or her removal by a vote of the Keys;25

(d) by the dissolution of the Keys.
9A Election of Deputy Speaker

(1) The members of the Keys shall —
(a) on their first assembling following the election of the Speaker
under section 9(1); and
(b) on the vacation of the office of Deputy Speaker under
subsection (2)(a), (b) or (c),
forthwith proceed to elect one of their number to be Deputy Speaker.
(2) The office of Deputy Speaker shall be vacated —
(a) on the death of the Deputy Speaker;
(b) on his or her resignation by notice in writing to the members of
the Keys of his or her office, or by his or her seat becoming vacant
under section 6;
(c) on his or her removal by a vote of the Keys;
(d) by the dissolution of the Keys.
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(3) The Deputy Speaker shall deputise in the absence of the Speaker and
assume the powers of the Speaker when the Speaker is absent from the
Island or is not present at any sitting of the Keys.26

9B Disqualifications

(1) Neither the Speaker nor an acting Speaker nor the Deputy Speaker is
eligible for nomination or appointment as Chief Minister or as a Minister.
(2) The Speaker is not eligible for nomination or appointment as a member
of a Department or Statutory Board.
(3) An acting Speaker and the Deputy Speaker are each eligible for
nomination and appointment as a member of a Department or Statutory
Board.
(4) If the Chief Minister or a Minister is elected or appointed to be Speaker,
acting Speaker or Deputy Speaker, he or she shall go out of office as
Chief Minister or Minister, as the case may be.
(5) If a member of a Department or Statutory Board is elected to be Speaker,
he or she shall go out of office as member of that Department or
Statutory Board, as the case may be.
(6) No nomination, appointment or election (before the date on which the
Presiding Officers Act 2008 comes into operation) of a person to an office
specified in this section shall be invalid by reason only that the person
was nominated, appointed or elected when disqualified from such
nomination, appointment or election under the provisions of any
enactment as they had effect at the time of the nomination, appointment
or election.
(7) To avoid doubt, the definition of “the Speaker” in section 3 of the
Interpretation Act 1976 does not apply to the interpretation of this
section.27

10 Saving for privileges of the Keys

(1) Nothing in this Act affects the inherent powers heretofore exercised by
the Keys as a legislative body.
(2) The Keys, and the members of the Keys, shall have, exercise and perform
the same power, authority and duties, and be subject to the like
obligations (except where expressly otherwise provided by this Act), and
be entitled to and enjoy the same rights and privileges, in as full and
ample manner as the Keys and the members of the Keys heretofore had,
exercised and performed, and was or were entitled to and enjoyed.
Section 10 Representation of the People Act 1995


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PART 1A — REGISTRATION AND CONDUCT OF POLITICAL

PARTIES
28

10A Requirements for political parties to be registered

A political party must not support or endorse any candidate for election to the
Keys unless it is registered under this Part.29

10B Conditions of registration

(1) The party must have a name that does not exceed 6 words.
(2) The name of the party, and any abbreviation of the name and any
emblem of the party, must not be —
(a) offensive, obscene or otherwise inappropriate; or
(b) either identical to, or of sufficient similarity that it may be
confused with, the name, abbreviation or emblem of any other
organisation.
(3) The party must have 3 officeholders, being the leader (however
described), treasurer and secretary.
(4) A person may hold 2 of those offices, but not all 3.
(5) [Not in operation]30

(6) The party must have an address in the Island to which communications
intended for the party may be sent.
(7) The party must have a written constitution, one of the expressed
objectives of which must be the support or endorsement of candidates
for election to the Keys.
(8) The party must keep accounts.
(9) (9) The party must have an accounting period that does not exceed
12 months.
(10) (10) Regulations may amend, or make provision in addition to,
subsections (1) and (2) regarding the restrictions on the name of a
political party.31

10C Restriction on name and emblem used by registered political party

(1) A registered political party must not use or otherwise hold itself out as
known by any name, or abbreviation of its name, other than the name or
abbreviation (if any) that is registered for it.
(2) A registered political party must not use or otherwise hold itself out as
associated with any emblem other than the emblem (if any) that is
registered for it.32

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10D Application for registration of political party

(1) An application for registration of a political party must be made to the
Electoral Registration Officer, in accordance with this section.
(2) An application must contain —
(a) the name of the party and the abbreviation (if any) of that name;
(b) the emblem (if any) of the party;
(c) the address in the Island for the purposes of section 10B(6); and
(d) the full names of the leader, treasurer and secretary of the party.
(3) An application must be accompanied by —
(a) a copy of the party’s constitution;
(b) a copy of the party’s most recent accounts; and
(c) such fee, if any, as may be published by the Treasury as payable
for the application.
The Electoral Registration Officer must file in the General Registry a
copy of any document received under this subsection.
(4) The application must be signed by no fewer than 20 persons.
(5) A person may sign an application only if he or she is registered in a
register of electors in accordance with the Registration of Electors Act 2006.
(6) Regulations may amend subsection (4) so as to vary the number of
persons who must sign the application.33

10E Consideration of application for registration of political party

(1) The Electoral Registration Officer must deliver to the Attorney General a
copy of an application for registration of a political party.
(2) The Attorney General must inform the Electoral Registration Officer
whether, in the Attorney General’s opinion —
(a) the party complies with section 10B (insofar as that section is in
operation); and34

(b) the application complies with section 10D.
(3) If, in the opinion of the Attorney General —
(a) both those sections are complied with, the Electoral Registration
Officer must register the political party;
(b) at least one of those sections is not complied with, the Electoral
Registration Officer must refuse the registration.35

10F Registration of political party

(1) The Electoral Registration Officer must maintain a register of political
parties.
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(2) Where a political party is to be registered the Electoral Registration
Officer must enter the following particulars in the register —
(a) the name of the party and the abbreviation (if any) of that name;
(b) the emblem (if any) of the party;
(c) the address in the Island for the party for the purposes of section
10B(6);
(d) the full names of the leader, treasurer and secretary of the party.
(3) The Electoral Registration Officer must keep, for each registered political
party, a copy of its constitution submitted under section 10D(3)(a) or
10H(2)(c), and a copy of its accounts submitted under section 10D(3)(b)
or 10I.36

10G Application for change of name or emblem of registered political party

(1) A registered political party may, on payment of such fee as may be
published by the Treasury, apply to the Electoral Registration Officer for
the name and any abbreviation of the name registered for it to be altered
or substituted.
(2) A registered political party may, on payment of such fee as the Treasury
may determine, apply to register an emblem or to substitute the emblem
registered for it.
(3) An application under this section must be —
(a) signed by 2 persons who are registered officeholders of the party;
and
(b) accompanied by evidence that the decision to make the alteration,
substitution or addition was made in accordance with the party’s
constitution.
(4) The Electoral Registration Officer must refuse to order the alteration of or
addition to the register if, in the opinion of the Attorney General —
(a) the name, abbreviation or emblem does not comply with section
10B(1) and (2); or
(b) the application does not comply with subsection (3) of this
section.
(5) If the Electoral Registration Officer orders the alteration of or any
addition to the register under this section, the Electoral Registration
Officer must enter the particulars of the change in the register.37

10H Changes in particulars of registered party

(1) The Electoral Registration Officer must be notified, in writing, of a
change in any of the following—
(a) the constitution of a registered political party;
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(b) the identity of the person holding the office of leader, treasurer or
secretary of a registered political party;
(c) the address, in the Island, of a registered political party.
(2) A notice required by subsection (1) must be —
(a) delivered to the Electoral Registration Officer within the period of
10 working days following the change;
(b) signed by 2 persons who (after the change) are registered
officeholders of the party; and
(c) accompanied by evidence that the decision to make the change
was made in accordance with the party’s constitution and, in the
case of notice of a change in the constitution of a registered
political party, by a copy of the constitution as changed.
(3) If, by reason of death or incapacity of one or more registered
officeholders or other cause, it is not possible to comply with subsection
(2)(b) when notice is given of a change described in subsection (1)(b), the
Electoral Registration Officer may —
(a) accept an alternative means of verification of the notice; or
(b) refer the matter to the Attorney General, in order for the Attorney
General to advise on the matter.
(4) The Electoral Registration Officer must enter in the register the
particulars of any change notified in accordance with this section, unless
it appears to him or her that the change has the effect that the party no
longer complies with section 10B (insofar as that section is in
operation).38

(5) If it appears to the Electoral Registration Officer that the change notified
has the effect that the party no longer complies with section 10B (insofar
as that section is in operation), the Electoral Registration Officer must
refer the matter to the Attorney General.39

(6) Regulations may amend the period mentioned in subsection (2)(a).40

10I Accounts to be audited and filed

Section 5 of the Charities Registration Act 1989 (along with any regulation-
making powers necessary for that section and the penalty provided for in
section 14(2) of that Act) applies for the purposes of this Part as if for “charity”
there were substituted “political party”.41

10J Anonymous donations

(1) A political party must not keep an anonymous donation.
(2) The treasurer of a political party which has received an anonymous
donation must, within 10 working days of its receipt, send it to the Chief
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Financial Officer who must make arrangements for its distribution to the
nominated charitable trust for distribution as the trustees think fit.42

10K Removal from the register

(1) The Electoral Registration Officer must remove a registered political
party from the register —
(a) upon an application —
(i) signed by 2 persons who are registered officeholders of the
party; and
(ii) accompanied by evidence that the decision to apply for the
removal of the party from the register was made in
accordance with its constitution;
(b) if the Attorney General is satisfied —
(i) that the party no longer complies with section 10B (insofar
as that section is in operation);43

(ii) that the party has not complied with sections 10C, 10H or
10I; or
(c) if the Electoral Registration Officer is satisfied that the party has
not, whilst a registered party, at any of the three preceding
general elections of the Keys under section 2(1), supported or
endorsed, in accordance with this Act, a person as a candidate for
election to the Keys.
(2) Not less than 2 months before removing a political party from the
register, the Electoral Registration Officer must notify the party of his or
her intention to do so, stating the grounds for so doing.
But the Electoral Registration Officer need not notify the party if satisfied
that it has ceased to exist.
(3) Regulations may amend subsection (1)(c) so as to vary the length of time
during which a party has not supported or endorsed a candidate.44

10L Inspection of register of political parties

(1) A person may inspect the register, upon payment of such fee (if any) as
the Treasury may determine, at the General Registry during its normal
working hours.
(2) A person may, on payment of such fee as the Treasury may determine,
obtain from the General Registry a copy of any document kept by the
Electoral Registration Officer under section 10D(3).45

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10M Appeals

(1) A signatory to an application to the Electoral Registration Officer under
section 10D or 10G may appeal to the High Court against the refusal of
the application.
(2) A registered political party may appeal to the High Court against its
removal from the register under section 10K.
(3) Where an appeal under subsection (2) is made within the period of 2
months beginning with the date on which notice of the intended removal
from the register is given under section 10K(2), the Electoral Registration
Officer must not remove the registration until the appeal is determined
or abandoned.
(4) On an appeal under this section the High Court, if it is satisfied that the
registration should have been made or amended, or should not be
removed, as the case may be, must declare accordingly and give any
necessary directions to the Electoral Registration Officer.46

10N Interpretation of Part 1A

In this Part —
“Electoral Registration Officer
” means the officer appointed under section 4(1)
of the Registration of Electors Act 2006;
“officeholder
” means, in relation to a party, one of the officeholders mentioned
in section 10B(3);
“register
” means the register maintained under section 10F;
“registered
” means for the time being entered in the register.47

PART 2 – ORGANISATION OF ELECTIONS

Constituencies etc.
DIVISION 1 – THE ELECTORAL COMMISSION48

11 The Electoral Commission

(1) The Governor in Council must appoint a body, to be known as the
Electoral Commission, within 12 months of the general election of 2021
and every second general election thereafter.
(2) However, the Governor in Council may appoint an Electoral
Commission at any other time if a resolution of Tynwald so directs.
(3) The Electoral Commission must consist of a person appointed to chair
the Commission and at least 3 other members.
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(4) The Electoral Commission must consider such matter relating to
elections as a resolution of Tynwald directs.
(5) An Electoral Commission appointed under subsection (1) must review
the number and boundaries of constituencies and issue a report to
Tynwald no later than 18 months after its appointment.
(6) The Electoral Commission must issue such other reports to Tynwald as a
resolution of Tynwald directs.
(7) The Electoral Commission is taken to have been dissolved following the
issue of its final report to Tynwald.49

DIVISION 2 – ELECTORAL AREAS50

11A Constituencies

(1) For an election the Island is divided into 12 constituencies each returning
2 members as follows —
Arbory, Castletown and Malew
Ayre and Michael
Douglas Central
Douglas East
Douglas North
Douglas South51

Garff
Glenfaba and Peel
Middle
Onchan
Ramsey
Rushen
(2) The Department of Infrastructure must prepare a series of maps marking
the boundaries of each of those constituencies as recommended by the
Third Report to Tynwald of the Boundary Review Committee dated May
2013 and approved by Tynwald in June 2013, and the maps must be
deposited at the General Registry.
(3) The Chief Registrar must make each of the maps prepared under
subsection (2), or copies of them, available for inspection by any person
at the General Registry at all reasonable times, and must supply a copy
of any map to any person on payment of such reasonable charge as the
Department of Infrastructure may determine.52

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12 Polling districts

(1) The Council of Ministers may by order divide any constituency into 2 or
more polling districts specified in the order.
(2) Before making an order under subsection (1) the Council of Ministers
must consult such persons (including local authorities) as it considers
appropriate.
(3) Unless an order is made under subsection (1) in respect of a constituency,
the whole constituency constitutes a single polling district.
(4) An order under subsection (1) must be approved by Tynwald before it
comes into operation.53

DIVISION 3 – RETURNING OFFICERS54

Returning officers
13 Appointment of returning officers

(1) The Governor shall by writing under the Governor’s hand appoint a
returning officer in respect of each constituency.55

(2) A returning officer may be appointed for more than one constituency.
(3) It is the duty of a returning officer to do everything at an election which
is necessary for effectually conducting the election in accordance with
election regulations.56

(4) Subject to subsection (5), the appointment of a returning officer shall be
for such term (not exceeding 5 years) as is specified in the instrument by
which it is made.
(5) The Governor may declare a returning officer’s office to be vacant (and
consequently the returning officer treated as having retired) if —
(a) the returning officer has given the Governor notice of his or her
intention to retire; or
(b) the Governor thinks it is expedient that the returning officer
should retire.57

14 Disqualification as returning officer etc

(1) The following persons are disqualified for being appointed a returning
officer or to any other office concerned with the conduct of an election —
(a) any minister of religion who follows no secular occupation other
than that of a teacher;
(b) any coroner;
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(c) any constable or other person having the powers and privileges of
a constable;
(d) any officer of an institution (within the meaning of the Custody Act
1995);
(e) the Chief Registrar, and any member of the staff of the General
Registry;
(f) any member of the Council or the Keys;
(g) any person who has served as a member of the Keys in the session
immediately preceding the election, or in the current session in
the case of a by-election.
(2) If any such person is appointed to act and acts as returning officer, or in
any other office concerned with the conduct of an election, he or she is
guilty of an offence and liable on summary conviction to a fine not
exceeding £500.58

15 Returning officer may be elected and may vote

Nothing in this Act prevents any returning officer —
(a) from being elected a member of the Keys for any constituency,
other than that for which he or she acts as returning officer; or59

(b) from exercising his or her vote at any election.60

16 Returning officer to take oath of office

(1) A returning officer, before taking any step in the discharge of the
returning officer’s official duties, shall take and subscribe before a justice
of the peace or commissioner for oaths an oath in the prescribed form.61

(2) The returning officer shall annex to the return of the writ of election a
certificate of his or her oath so sworn, signed by the person
administering it; and if the returning officer fails to do so he or she is
guilty of an offence and liable on summary conviction to a fine not
exceeding £1,000.62

17 Powers of returning officer for maintenance of peace

(1) A returning officer shall maintain order at an election, and for that
purpose shall, from the time of the issue of the writ for the election until
the day next after the final closing of the election, be invested with all the
powers of a justice of the peace for the arrest, detention or admission to
bail, trial and conviction of any person who offends against any of the
provisions of this Act.
(2) A returning officer may —
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(a) require the assistance of any constable or other person to aid him
or her in the maintenance of the peace, and may swear in as many
special constables as he or she thinks necessary for that purpose;63

(b) arrest, or cause to be arrested by verbal order, any person
disturbing the peace at an election;
(c) cause a person so arrested to be detained by any constable, or to
be detained in custody under an order signed by him or her, until
any time not later than the final closing of the election, but
without prejudice to any further penalties to which that person
may be liable;64

(d) demand and receive from any person at an election any offensive
weapon with which that person is armed, or has in his or her
hands or personal possession.65

18 Deputy returning officers

(1) A returning officer must, by writing under that officer’s hand, and in the
form specified by the Chief Secretary —
(a) appoint a fit and proper person as deputy returning officer for all
of the purposes of the election; or
(b) appoint two or more fit and proper persons as deputy returning
officers.66

(1A) If the returning officer appoints more than one deputy returning officer,
he or she —
(a) may authorise any of the deputies to perform any or all of the
returning officer’s functions, and
(b) must secure that every function of the returning officer is capable
of being exercised, in the returning officer’s absence or
unavailability, by at least one of the deputies.67

(2) No person may be appointed deputy returning officer who would not be
eligible for appointment as a returning officer.
(3) On the appointment of a deputy returning officer, the returning officer
shall forthwith administer to him or her an oath in the prescribed form,
and shall annex the certificate of the oath, signed by the returning officer,
to the appointment of the deputy returning officer.68

19 Powers and duties of deputy returning officers

(1) Anything required or authorised to be done by, to or before the returning
officer in relation to the election may, so far as the deputy is authorised
to act, be done by, to or before the deputy returning officer.
(2) If necessary to prevent the interruption of the proceedings at any election
arising from the death, illness or absence of the returning officer, the
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deputy returning officer shall forthwith assume the functions of the
returning officer and shall act in all respects as though he or she had
been appointed returning officer under this Act, unless and until his or
her authority is superseded by the returning officer.69

Financial provisions
20 Payment of official expenses of returning officers
70

(1) The Treasury shall pay out of money provided by Tynwald the fees and
expenses of the returning officers for the performance of their duties
under this Act at the rates fixed by order under subsection (2).
(2) The Treasury shall by order fix the rates of fees and expenses payable
under subsection (1), and in making such an order the Treasury shall
have regard to the increase in the cost of living since the making of the
last order under this subsection.
(3) An order under subsection (2) shall not have effect unless it is approved
by Tynwald.
(4) The Treasury may, with the approval of Tynwald, pay out of money
provided by Tynwald any expenses of returning officers and other
officials appointed under this Act which are not provided for by an order
under subsection (2).
(5) The accounts for all fees and expenses under the Act shall be furnished to
the Treasury, with all necessary particulars and vouchers, within 3
months of the final closing of the election.71

DIVISION 4 – ELECTION DONATIONS AND EXPENSES72

20A Donations received

(1) A candidate must, no later than 5 working days before polling day,
deliver to the Electoral Registration Officer a written declaration
containing the information required by subsections (2) and (3).
(2) The information required by this subsection is—
(a) a statement by the candidate of the sum of relevant donations
received by him or her (as a candidate or a prospective candidate)
during the relevant period together with the donor’s name, the
amount or value of the relevant donation, and whether the
relevant donation is of —
(i) money;
(ii) a loan of money;
(iii) goods or the use of goods; or
(iv) services; or
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(b) a statement by the candidate that no such donations were
received by him or her (as a candidate or a prospective candidate)
during that period.
Note: This subsection deals only with donations from identifiable donors (whether
individual or corporate). For anonymous donations see subsection (3) below.
(3) The information required by this subsection is —
(a) a statement by the candidate which identifies each anonymous
donation received by him or her (as a candidate or a prospective
candidate), during that period, together with its amount and that
section 20B has been complied with in respect of every such
donation; or
(b) a statement by the candidate that no such donations were
received by him or her (as a candidate or a prospective candidate)
during that period.
(4) For the purpose of subsection (2) a donation is “relevant” if it is of or
more than, or has a value of or more than, the minimum amount (and is
not anonymous).
(5) Except where the donor is anonymous, donations made by each person,
including any connected person, must be aggregated for the purposes of
determining whether they are of, or have a value of more, than the
minimum amount (and hence whether they are relevant for the purposes
of subsection (2)).
(6) In this section “minimum amount” means £50.
(7) Regulations may amend this section so as to vary the minimum
amount.73

20B Disposal of anonymous donations

(1) A candidate or prospective candidate must not keep an anonymous
donation.
(2) A candidate or prospective candidate who receives an anonymous
donation must, within 10 working days of receiving it, send it to the
Chief Financial Officer who must make arrangements for its distribution
to the nominated charitable trust for distribution as the trustees think
fit.74

20C Election expenses

(1) A candidate’s total election expenses incurred during the relevant period
(as a candidate and (if appropriate) as a prospective candidate) must not
exceed the maximum amount.
Note: What constitutes an election expense, and when it is to be treated as incurred is
to be determined in accordance with Schedule 3A.
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(2) If the Electoral Registration Officer receives, within 3 months of an
election, a complaint made in such form and manner, and containing
such particulars, as may be prescribed, alleging that a candidate’s
election expenses have exceeded the maximum amount, the Electoral
Registration Officer must give notice to the candidate as soon as
reasonably practicable.
(3) The notice must require the candidate to deliver to the Electoral
Registration Officer within 15 working days a written declaration of his
or her election expenses falling within subsection (1), itemising the
amounts expended (whether direct or notional) and the goods and
services to which those amounts relate.
(4) For the purposes of this section the “maximum amount” is the total of
£2,000 plus 50 pence for each person registered as an elector on the
relevant register for the constituency in which the candidate is standing
for election.
(5) For the purposes of this section “relevant register” means the register
most recently prepared prior to 6 weeks before polling day.
(6) Regulations may amend this section so as to vary the maximum
amount.75

20D Requirements in respect of declarations

(1) The declarations required by sections 20A(1) and 20C(3) must —
(a) be made using a form supplied by the Electoral Registration
Officer;
(b) include a statement that, to the best of the candidate’s knowledge,
information and belief, the information contained in it is true,
complete and correct; and
(c) be signed by the candidate.
(2) If, having made a declaration, a candidate becomes aware of any
variation in or addition to the information required to be declared, the
candidate must, as soon as possible and, in any event, no later than 10
working days after becoming so aware, deliver to the Electoral
Registration Officer a further written declaration of the variation or
addition.
(3) A declaration delivered under subsection (2) must comply with
subsection (1)(b) and (c).
(4) The Electoral Registration Officer must —
(a) record the details of every declaration delivered under this section
in a register (which may be maintained electronically); and
(b) file a copy of every such declaration in the General Registry.
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(5) The register maintained under subsection (4)(a) and document filed
under subsection (4)(b) are to be available for inspection by the general
public, on payment of such fee (if any) as the Treasury may determine, at
the General Registry, during its normal working hours.76

20E Verification of expenses

(1) Where the Electoral Registration Officer has received a complaint under
section 20C(2), the Electoral Registration Officer may require the
candidate who is the subject of the complaint to produce invoices,
receipts and other proof of the candidate’s election expenses.
(2) A requirement under subsection (1) must be in writing.
(3) A candidate must comply with a requirement under subsection (1)
within 15 working days of its being made.77

20F Requirement to provide information and documents to candidate

A person who incurs or pays a candidate’s election expenses must, as soon as is
practicable, provide the candidate with such information and documents as the
candidate requires to comply with sections 20D and 20E.78

20G Interpretation

For the purposes of this Division —
(a) whether a person is connected with a candidate is determined in
the same way as it would be for income tax purposes by virtue of
section 119C of the Income Tax Act 1970; and
(b) “the relevant period
” means —
(i) in the case of an election of the Keys under section 2(1), the
period beginning 12 months before polling day and ending
on polling day; and
(ii) in the case of any other election to the Keys, the period
beginning with the date on which the vacancy occurs and
ending on polling day.79

PART 3 – HOLDING OF ELECTIONS

Writs of election
21 Writs of election

An election of a member or members to represent a constituency shall take place
under and by authority of a writ issued by the Governor.
Section 22 Representation of the People Act 1995


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Conduct of elections
22 Proceedings

(1) The proceedings at an election shall be conducted in accordance with
regulations made under this section (“election regulations
”).
(2) At an election a person must not vote otherwise than in accordance with
election regulations.
(3) Election regulations may provide for the procedures to be followed at
elections including in particular the following —
(a) a timetable for the proceedings at an election, including
provisions as to the computation of time;
(b) the delivery of writs of election to and by returning officers;
(c) the publication of notices of election and their content;
(d) a mechanism for the nomination of candidates, the publication of
nominations, the delivery of nomination papers, the contents of
nomination papers to be specified, the conditions of their validity
and the criteria for objection to nominations;
(e) a mechanism for —
(i) the withdrawal of candidates;
(ii) the cancellation of a candidate’s nomination in the event
that the candidate becomes disqualified after nomination
day but before polling day (or before the close of the poll if
there is one);
(iii) the publication of withdrawal or cancellation of
nomination;
(f) the procedure in the event of a death of a candidate;
(g) the method of electing candidates, including notice of poll, the
issuing of poll cards in a form to be specified, provision of polling
stations and the necessary equipment and means for secret voting,
the sealing of ballot boxes, the content, form and appearance of
ballot papers to be as prescribed or specified, procedure on spoilt
ballot papers, verification of identity of voters and procedure on
challenge of voters, the manner of voting, including by those
needing assistance, the display of guidance notes for voters to be
specified and the procedure on close of poll;
(h) the responsibilities of returning officers, including regulation of
numbers of persons in polling stations and the conduct of such
persons, and the appointment of presiding officers and other
officers to assist with elections, their oaths of office, their duties
and responsibilities including provision as to delegation to or by
them, and for those persons and deputy returning officers to be
paid by returning officers;
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(i) the prohibition on disclosure of how a person has voted and for a
declaration of secrecy to be made in such form and manner and
by such persons as may be prescribed;
(j) the appointment by candidates of polling and counting agents
subject to conditions of or in accordance with election regulations
and a procedure for the challenge of voters;
(k) the procedure on counting and re-counting of votes, including
presence at the count and the declaration of result and the
procedure for the return of elected candidates; and
(l) the retention, production, public inspection and disposal of
documents.80

23 Effect of non-compliance with election regulations
81

No election shall be declared invalid by reason of any act or omission by the
returning officer, or any other person, in breach of his or her official duty in
connection with the election, or otherwise in breach of the election regulations,
if it appears to the High Court —
(a) that the election was so conducted as to be substantially in
accordance with the law as to elections, and
(b) that the act or omission did not affect its result.82

Voting at election
24 Entitlement to vote at election

[1982/16/2/2]
(1) Subject to subsections (2) and (3), every person registered as an elector
for a constituency and entitled to vote shall be entitled to demand and
receive a ballot paper and to vote in that constituency.
(1A) A person entitled to vote may do so only in person or by proxy in
accordance with this Act.83

(2) A person shall not be entitled to demand or receive a ballot paper or to
vote if it appears from the register of electors that he or she is under the
age of 16 years on the date of the poll.84

(3) Nothing in subsection (1) —
(a) entitles any person to vote who is prohibited from voting by any
enactment or rule of law, or
(b) relieves any such person from any penalty to which he or she may
be liable for voting.85

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25 Place and manner of voting

(1) A person entitled to vote at an election —
(a) may do so in person at the polling station allotted under election
regulations (unless he or she is an advance voter or a person
appointed as the person’s proxy has already voted on his or her
behalf);
(b) may do so in advance if the conditions set out in section 26 are
met; or
(c) may do so by proxy if he or she has applied under section 27
(unless he or she has already voted in person).86

26 Advance votes
87

(1) A person who is or will be entitled to vote at an election may apply to the
returning officer of the appropriate constituency to vote in advance of
the election in accordance with this section (whether in his or her own
capacity or as a proxy on behalf of an elector who meets the
requirements of section 27(1)).88

(2) An application under subsection (1) shall be allowed if the
returning officer —
(a) is satisfied that the applicant is or will be entitled to vote at the
election; and
(b) has no reason to doubt the identity of the applicant.
(3) The application shall include —
(a) an address in the British Islands to which a ballot paper is to be
sent for the purpose of the election;89

(b) such other particulars as are prescribed; and
(c) such evidence of identity as is required.90

(4) Regulations may make provision with respect to any matters incidental
to this Act so far as it relates to advance voters.91
92

27 Proxy votes

[P1983/50/8]
(1) An elector entitled to vote at an election who is unable to vote in person
or as an advance voter may apply to the Electoral Registration Officer for
the appointment of a person named in the application as a proxy to vote
for the elector at that election.93

(2) A person may not be appointed proxy to vote on behalf of an elector in
any constituency if that person —
(a) has not attained the age of 16 years, or94

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(b) is subject to any incapacity to vote at an election.
(3) A person may not be appointed proxy to vote on behalf of more than 2
electors in any constituency unless that person is the spouse, civil
partner, parent, grandparent, brother, sister, child or grandchild of each
of those electors.95

(4) The Electoral Registration Officer may grant an application under
subsection (1) only if satisfied, on information provided by the elector
that —
(a) the elector is entitled to make an application under that
subsection; and
(b) the person to be appointed as the proxy is willing to act in that
capacity, and is not disqualified under this section.96

(4A) The Electoral Registration Officer may request the elector to provide such
further evidence as he or she considers necessary to determine the
matter.97

(5) Not more than one person may be appointed as proxy to vote for any
elector at an election.
(6) An appointment of a person as a proxy to vote for an elector at an
election shall be revoked —
(a) by notice by the elector to the registration officer;
(b) on the appointment of another person as a proxy to vote for the
elector.
(7) Regulations may make provision with respect to any matters incidental
to this Act so far as it relates to proxy votes.
28 Employers to grant facilities for voting

(1) Reasonable facilities to vote shall be granted by employers to registered
electors who would otherwise be unable to record their votes.
(2) Any employer refusing to grant such facilities is guilty of an offence and
liable on summary conviction to a fine not exceeding £200.
Supplemental provisions as to elections
29 Effect of registers

The register of electors shall, for the purposes of this Part, be conclusive on the
following questions —
(a) whether or not a person registered in it was at the time of the
making of the list resident at the address shown;
(b) whether or not any address is in any constituency or any
particular part of a constituency.
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30 Public notices

Wherever public notice is required by this Act to be given, and no mode or
place of publication is expressly provided for, publication —
(a) must be effected —
(i) by insertion in a newspaper published and circulating
within the Island; and
(ii) by display on an appropriate website in an appropriate
manner;
(b) may be effected by placard posted up in some public and
conspicuous situation in the constituency to which the notice
refers.98

31 Distribution of election manifestos

(1) Every candidate may forward an electronic version of his or her
manifesto to the Chief Secretary who must arrange for it to be displayed
on an appropriate website within 3 working days and for the duration of
the election campaign.
(2) Every candidate is entitled to have his or her manifesto delivered by Isle
of Man Post Office to each household containing one or more persons on
the electoral register for the constituency in which the candidate is
standing for election and the cost of such delivery subject to regulations
must be paid out of money provided by Tynwald.
(3) Regulations may make further provision regarding the distribution of
manifestos.99

31A Election observers

(1) An application may be made to the Governor for any representative of a
named body to be an accredited observer at any of the following
proceedings relating to an election —
(a) proceedings at the poll;
(b) proceedings at the counting of votes.
(2) Before granting an application under subsection (1) the Governor must
be satisfied that the body to which the representative belongs has a
genuine interest in the outcome of the election.
(3) An accredited observer must not be under the age of 16.
(4) If the Governor grants the application, the accredited observer may
attend the proceedings in question.
(5) An application under subsection (1) must be made in the manner
specified in the code of practice issued under section 31C.
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(6) The Governor may at any time revoke the grant of an application under
subsection (1).
(7) If the Governor—
(a) refuses an application under subsection (1); or
(b) revokes the grant of any such application,
the Governor must give the decision in writing and must at the same
time give reasons in writing for the refusal or revocation.
(8) This section is subject to any other provision of, or made under, this Act
regulating attendance at the proceedings in question.100

31B Attendance and conduct of observers

(1) A relevant officer may limit the number of accredited observers who
may be present at any proceedings at the same time.
(2) If an accredited observer misconducts himself or herself while attending
the proceedings, the relevant officer may cancel the person’s entitlement.
(3) Subsection (2) does not affect any power a relevant officer has by virtue
of any enactment or rule of law to remove a person from any place.
(4) In this section “relevant officer” means—
(a) in the case of proceedings at a polling station, the presiding
officer;
(b) in the case of any other proceedings at an election, the returning
officer; and
(c) such other person as a person mentioned in paragraph (a) or (b)
authorises for the purposes of the proceedings mentioned in that
paragraph.101

31C Code of practice on attendance of observers at elections etc.

(1) The Governor must prepare a code of practice on the attendance of
accredited observers at elections.
(2) The code must in particular —
(a) specify the manner in which applications under section 31A are to
be made;
(b) specify, subject to section 31A(2), the criteria to be taken into
account by the Governor in determining such applications;
(c) give guidance to relevant officers as to the exercise of the power
conferred by section 31B(1);
(d) give guidance to such officers as to the exercise of the power
conferred by section 31B(2) as it relates to accredited observers;
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(e) give guidance to such officers as to the exercise of any power
under any enactment to control the number of persons present at
any proceedings relating to an election as it relates to accredited
observers; and
(f) give guidance to accredited observers on the exercise of the rights
conferred by sections 31A and 31B.
(3) The code may make different provision for different purposes.
(4) The Governor must publish the code in such manner as the Governor
may determine.
(5) A relevant officer must have regard to the code in exercising any
function conferred by section 31B.
(6) The Governor may at any time revise the code and subsections (4) and
(5) apply in relation to a revision of the code as they apply in relation to
the code.
(7) In this section “relevant officer” has the same meaning as it has in section
31B.102

PART 4 – OFFENCES ETC. IN CONNECTION WITH

ELECTIONS

Corrupt and illegal practices
32 Corrupt and illegal practices

(1) Each of the following persons is guilty of a corrupt practice —
(a) a person who commits, or aids, abets, counsels or procures the
commission of, personation;
(b) a person who is guilty of bribery;
(c) a person who is guilty of treating;
(d) a person who is guilty of undue influence.
(2) Each of the following persons is guilty of an illegal practice —
(a) a person who knowingly makes a false statement concerning a
candidate in a nomination paper,
(b) a candidate concerning whom, and with whose knowledge and
consent, a false statement is made in a nomination paper;
(c) a candidate who contravenes section 37;
(d) a person who contravenes section 38(1);
(e) a person who contravenes section 43(1);
(ea) a person who commits an offence under any provision of section
44A or 44B which is triable on information;103

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(f) a person who, or any director of any body corporate which, before
or during an election, for the purpose of affecting the return of
any candidate at the election, makes or publishes any false
statement of fact in relation to the personal character or conduct of
the candidate, unless he or she shows that he or she had
reasonable grounds for believing, and did believe, the statement
to be true;104

(g) a person who before or during an election knowingly publishes a
false statement of the withdrawal of a candidate at the election for
the purpose of promoting or procuring the election of another
candidate;
(h) a candidate who is personally guilty of an illegal payment or
hiring;
(i) a candidate with whose knowledge and consent an illegal
payment or hiring is committed.
(3) The court before whom a person is convicted of an offence referred to in
subsection (2)(d) or (e) may, if it thinks it just in the special circumstances
of the case, mitigate or entirely remit any incapacity imposed by virtue of
section 67.
(4) A candidate is not liable, nor shall his or her election be avoided, for an
illegal practice under subsection (2)(e) or (g) committed by any agent of
the candidate’s.105

(5) A candidate is not liable, nor shall the election be avoided, for any illegal
practice under subsection (2)(f) committed by any agent of the
candidate’s, unless —
(a) it is shown that the candidate authorised or consented to the
committing of the illegal practice by the agent or paid for the
circulation of the false statement in question; or
(b) a court hearing an election petition finds and reports that the
election of the candidate was procured or materially assisted in
consequence of the making or publishing of the false statement.106

Corrupt practices
33 Personation

(1) A person commits personation at an election if he or she votes as some
other person, whether that other person is living or dead or is a fictitious
person.107

(2) For the purposes of this section, a person shall be treated as having voted
if he or she —
(a) has applied for a ballot paper for the purpose of voting, or
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(b) has marked, whether validly or not, and returned a ballot paper
issued for the purpose of voting by an absent voter.108

34 Bribery

(1) A person is guilty of bribery if he or she directly or indirectly, by himself
or herself, or by any other person on his or her behalf —
(a) gives any money or procures any office to or for any voter, or to
or for any other person on behalf of any voter, or to or for any
other person, in order to induce any voter to vote or refrain from
voting; or
(b) corruptly does any such act on account of any voter having voted
or refrained from voting; or
(c) makes any such gift or procurement to or for any person in order
to induce that person to procure, or endeavour to procure, the
return of any person at an election or the vote of any voter;
or if upon or in consequence of any such gift or procurement he or she
procures or engages, promises or endeavours to procure the return of
any person at an election or the vote of any voter.109

(2) For the purposes of subsection (1) —
(a) references to giving money include references to giving, lending,
agreeing to give or lend, offering, promising, or promising to
procure or endeavour to procure any money or valuable
consideration; and
(b) references to procuring any office include references to giving,
procuring, agreeing to give or procure, offering, promising, or
promising to procure or to endeavour to procure any office, place
or employment.
(3) A person is guilty of bribery if he or she —
(a) advances or pays or causes to be paid any money to or to the use
of any other person with the intent that that money or any part
thereof shall be expended in bribery at any election, or
(b) knowingly pays or causes to be paid any money to any person in
discharge or repayment of any money wholly or in part expended
in bribery at any election.110

(4) Subsections (1) to (3) do not apply to any money paid or agreed to be
paid for or on account of any legal expenses incurred in good faith at or
concerning an election.
(5) A voter is guilty of bribery if before or during an election he or she
directly or indirectly, by himself or herself, or by any other person on his
or her behalf, receives, agrees, or contracts for any money, gift, loan or
valuable consideration, office, place or employment for himself or herself
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or for any other person for voting or agreeing to vote or for refraining or
agreeing to refrain from voting.111

(6) A person is guilty of bribery if after an election he or she directly or
indirectly, by himself or herself, or by any other person on his or her
behalf, receives any money or valuable consideration on account of any
person having voted or refrained from voting or having induced any
other person to vote or refrain from voting.112

(7) In this section “voter” includes any person who has or claims to have a
right to vote.
35 Treating

(1) A person is guilty of treating if he or she corruptly, by himself or herself
or by any other person, whether before, during or after an election,
directly or indirectly gives or provides, or pays wholly or in part the
expense of giving or providing any food, drink, entertainment or
provision to or for any person —
(a) for the purpose of corruptly influencing that person or any other
person to vote or refrain from voting; or
(b) on account of that person or any other person having voted or
refrained from voting, or being about to vote or refrain from
voting.113

(2) Every elector who corruptly accepts or takes any such food, drink,
entertainment or provision is also guilty of treating.
(3) Nothing in this section prevents the provision by a candidate of
reasonable refreshment for workers, whether paid or not, engaged in an
election on his or her behalf.114

36 Undue influence

(1) A person is guilty of undue influence if the person —
(a) directly or indirectly, by himself or herself or by any other person
on his or her behalf, makes use of, or threatens to make use of any
force, violence or restraint, or115

(b) inflicts or threatens to inflict, by himself or herself or by any other
person, any temporal or spiritual injury, damage, harm or loss
upon or against any person,116

in order to induce or compel that person to vote or refrain from voting or
on account of that person having voted or refrained from voting.117

(2) A person is guilty of undue influence if, by abduction, duress or any
fraudulent device or contrivance the person —
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(a) impedes or prevents the free exercise of the franchise of an elector,
or118

(b) compels, induces or prevails upon an elector either to vote or to
refrain from voting.119
120

Illegal practices
37 Election publications

(1) A person shall not —
(a) print or publish, or cause to be printed or published, any bill,
placard or poster having reference to an election, or any printed
document distributed for the purpose of promoting or procuring,
or discouraging or preventing, the election of a candidate; or121

(b) post or cause to be posted any such bill, placard or poster; or
(c) distribute or cause to be distributed any printed document for the
said purpose,
unless the bill, placard, poster or document bears upon its face the name
and address of the printer and publisher.
(2) A person shall not post or cause to be posted any such bill, placard or
poster —
(a) within any polling station, or any building of which a polling
station forms part; or
(b) within the curtilage of such a building; or
(c) on any building or within the curtilage of a building (other than
domestic accommodation or building that is sublet to any person
other than a Department or Statutory Board) that is owned or
occupied by a Department or Statutory Board.122

(3) Subsection (2) does not apply to a bill, placard or poster exhibited on a
motor vehicle which is engaged in delivering a voter to or collecting a
voter from the polling station.
(4) Any person who acts in contravention of this section is guilty of an
offence and liable on summary conviction to a fine not exceeding
£1,000.123

(5) Section 11 of the Newspapers Act 1846 (books etc. to bear printer’s name
and address) shall not apply to any bill, placard or poster to which this
section applies.
(6) In this section —
“distribute” includes distributing by electronic means;
“print” includes any process for multiplying copies of a document, other than
copying it by hand;
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“publish” includes publishing by electronic means.124

38 Imitation poll cards

(1) No person shall, for the purpose of promoting or of procuring the
election of any candidate at an election, issue any poll card or document
so closely resembling an official poll card as to be calculated to deceive.
(2) Where an act or omission of an association or body of persons, corporate
or unincorporate, contravenes subsection (1), any person who at the time
of the act or omission was a director, general manager, secretary or other
similar officer of the association or body, or was purporting to act in any
such capacity, shall be treated as having contravened that subsection
unless he or she proves —
(a) that the contravention took place without his or her consent or
connivance, and125

(b) that he or she exercised all such diligence to prevent the
contravention as he or she ought to have exercised having regard
to the nature of his or her functions in that capacity and to all the
circumstances.126
127

39 Corrupt withdrawal from candidature

Any person who corruptly induces or procures any other person to withdraw
from being a candidate at an election, in consideration of any payment or
promise of payment, and any person withdrawing in pursuance of the
inducement or procurement, is guilty of an illegal payment.
40 Premises not to be used as committee rooms

(1) Any person who —
(a) hires or uses any room to which this section applies for a
committee room for the purpose of promoting or procuring the
election of a candidate, or
(b) lets any room to which this section applies, knowing that it was
intended to use it as a committee room,
is guilty of an illegal hiring.
(2) This section applies to any room on premises —
(a) which are licensed for the sale of any liquor for consumption on
or off the premises; or
(b) in respect of which any club, other than a permanent political
club, is registered for the supply of liquor,
being a room in which liquor is, or is commonly, supplied.
(3) In this section “liquor” has the same meaning as in the Licensing Act 1995.
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41 [Repealed]
128

42 Providing money for illegal purposes

Where a person knowingly provides money —
(a) for any payment which is contrary to the provisions of this Act, or
(b) for replacing any money expended in any such payment,
then, except where the payment has been previously allowed in
pursuance of section 65 to be an exception, that person is guilty of an
illegal payment.
43 Voting offences

(1) No person shall —
(a) vote at an election, in any capacity or by any means provided for
by this Act, knowing that he or she is subject to a legal incapacity
to vote; or129

(b) apply for the person or another person to vote in advance of the
election, knowing that he or she or that other person is subject to a
legal incapacity to vote; or130

(c) apply for the appointment of a proxy to vote for him or her at any
election knowing that he or she or the person to be appointed is
subject to a legal incapacity to vote at the election;131

(d) vote more than once (otherwise than as a proxy) in the same
constituency at any election; or
(e) [Repealed]132

(f) vote as proxy for some other person at an election, knowing that
that person is subject to a legal incapacity to vote;
(g) vote in person at an election, knowing that a person appointed to
vote as his or her proxy at the election has already voted as his or
her proxy at the election;133

(h) vote more than once as proxy for the same elector at the election;
(i) vote as proxy for an elector at the election, knowing that the
elector has already voted in person at the election;
(j) vote at the election as proxy for more than 2 persons of whom he
or she is not the spouse, civil partner, parent, grandparent,
brother, sister, child or grandchild;134

(k) knowingly induce or procure some other person to do an act
which is, or but for that other person’s want of knowledge would
be, an offence by that other person under this section; or
(l) knowingly make any false statement or representation for the
purpose of obtaining an absent voter’s ballot paper for himself or
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herself or for some other person, or of securing the appointment
of himself or herself or some other person as a proxy.135

(2) For the purposes of this section a person shall be treated as having voted
if he or she —
(a) has applied for a ballot paper for the purpose of voting, or
(b) has marked, whether validly or not, and returned a ballot paper
issued for the purpose of voting by an advance voter.136
137

Criminal offences
44 Offences of corrupt practices etc

(1) A person who is guilty of a corrupt practice is guilty of an offence and
liable —
(a) on conviction on information —
(i) in the case of personation or of aiding, abetting,
counselling or procuring the commission of personation, to
custody for a term not exceeding 2 years or to a fine, or to
both;
(ii) in any other case, to custody for a term not exceeding one
year or to a fine, or to both;
(b) on summary conviction (including conviction under section 65 by
the High Court) to custody for a term not exceeding 6 months or
to a fine not exceeding £5,000, or to both.
(2) A person guilty of an illegal practice (other than an illegal payment or
hiring) is guilty of an offence and liable on summary conviction
(including conviction under section 65 by the High Court) to a fine not
exceeding £5,000.
(3) A person guilty of an illegal payment or hiring is guilty of an offence and
liable on summary conviction to a fine not exceeding £500.
44A Offences in connection with political parties

(1) A candidate or prospective candidate who accepts support or
endorsement from a political party that is not registered under Part 1A
(registration of political parties) is guilty of an offence and liable —
(a) on conviction on information to a fine;
(b) on summary conviction to a fine not exceeding £5,000.
(2) A person who, knowingly or recklessly, makes any application or
delivers any notice to the Electoral Registration Officer under Part 1A
that is false in a material particular, is guilty of an offence and liable on
summary conviction to a fine not exceeding £5,000.138

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44B Offences in connection with funding

(1) If the treasurer of a political party fails, without reasonable excuse, to
comply with section 10J(2) (treasurer to send anonymous donation to
Chief Financial Officer) the treasurer is guilty of an offence and liable —
(a) on conviction on information to a fine;
(b) on summary conviction to a fine not exceeding £5,000.
(2) A candidate or prospective candidate who fails, without reasonable
excuse, to comply with section 20B(2) (candidate to send anonymous
donation to Chief Financial Officer) is guilty of an offence and liable —
(a) on conviction on information to a fine;
(b) on summary conviction to a fine not exceeding £5,000.
(3) A candidate whose election expenses exceed, without reasonable excuse,
the maximum amount permitted by section 20C(1) (election expenses) is
guilty of an offence and liable —
(a) on conviction on information to a fine;
(b) on summary conviction to a fine not exceeding £5,000.
(4) A candidate who —
(a) fails, without reasonable excuse, to deliver a declaration, or
further declaration, in accordance with section 20D (requirements
in respect of declarations); or
(b) delivers a declaration, or a further declaration, under section 20D,
knowing or believing it to be false in a material particular,
is guilty of an offence and liable —
(i) on conviction on information to a fine;
(ii) on summary conviction to a fine not exceeding £5,000.
(5) A person who fails, without reasonable excuse, to comply with —
(a) section 20E (candidate must within 15 days provide proof of
expenses incurred on request); or
(b) section 20F (person to provide details to candidate as to expenses
incurred),
is guilty of an offence and liable on summary conviction to a fine not
exceeding £5,000.139

45 Breach of official duty

(1) If —
(a) any person to whom this section applies, or
(b) any person who is for the time being under a duty to discharge as
deputy or otherwise any of the functions of a person to whom this
section applies,
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is without reasonable cause guilty of any act or omission in breach of his
or her official duty, he or she is guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.140

(2) No action for damages or any penalty lies against a person to whom this
section applies for breach of his or her official duty.141

(3) This section applies to —
(a) a returning officer,
(b) a presiding officer,
(c) a clerk or assistant employed by a returning officer or presiding
officer in connection with his or her official duties;142

and “official duty” shall for the purposes of this section be construed
accordingly, but does not include duties imposed otherwise than by the
law relating to elections.
46 Offences in respect of nomination papers etc

(1) Any person who —
(a) forges or fraudulently defaces or fraudulently destroys any
nomination paper, or delivers to the returning officer any
nomination paper knowing the same to be forged; or
(b) forges or counterfeits or fraudulently defaces or fraudulently
destroys any ballot paper or the official mark on any ballot paper;
or
(c) without due authority supplies any ballot paper to any person; or
(d) fraudulently puts into any ballot box any paper other than the
ballot paper which he or she is authorised by law to put in; or143

(e) fraudulently takes out of the polling place any ballot paper; or
(f) without due authority destroys, takes, opens or otherwise
interferes with any ballot box or packet of ballot papers then in
use for the purpose of the election,
is guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable —
(a) if he or she is a returning officer or an officer or clerk in
attendance at a polling station, on conviction on information to
custody for a term not exceeding 2 years; and144

(b) in any other case, on summary conviction to custody for a term
not exceeding 6 months.
(3) In any information or complaint relating to an offence in relation to the
nomination papers, ballot boxes, ballot papers and marking instruments
at an election, the property in such papers, boxes and instruments, and in
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any counterfoils, may be stated to be in the returning officer at the
election.
(4) Every person who intentionally acts in contravention of the directions or
orders for the guidance of voters in election regulations is guilty of an
offence and liable on summary conviction to a fine not exceeding £200.145

47 Requirement of secrecy

(1) Every person to whom this subsection applies shall maintain and aid in
maintaining the secrecy of voting and shall not, except for some purpose
authorised by law, communicate to any person before the poll is closed
any information as to —
(a) the name of any elector or proxy for an elector who has or has not
applied for a ballot paper or voted at a polling station;
(b) the number on the register of electors of any elector who, or
whose proxy, has or has not applied for a ballot paper or voted at
a polling station; or
(c) the official mark.
(2) Subsection (1) applies to —
(a) a returning officer;
(b) a presiding officer or clerk attending at a polling station;
(c) every candidate or agent so attending.
(3) Every person attending at the counting of votes shall maintain and aid in
maintaining the secrecy of the voting and shall not —
(a) ascertain at the counting of the votes the number on the back of
any ballot paper;
(b) communicate any information obtained at the counting of the
votes as to the candidates for whom any vote is given in any
particular ballot paper.
(4) No person shall —
(a) interfere with a voter when recording his or her vote;146

(b) otherwise obtain, or attempt to obtain, in a polling station
information as to the candidate for whom a voter in that station is
about to vote, or has voted;
(c) communicate at any time to any person any information obtained
in a polling station as to the candidate for whom a voter in that
station is about to vote or has voted, or as to the number on the
back of the ballot paper given to a voter at that station;
(d) directly or indirectly induce a voter to display his or her ballot
paper after he or she has marked it so as to make known to any
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person the name of the candidate for whom he or she has or has
not voted.147

(5) If any person acts in contravention of this section, he or she is guilty of an
offence and liable on summary conviction to custody for a term not
exceeding 6 months.148

48 Refusal to obey lawful commands of returning officer

Any person who intentionally refuses to obey or comply with any lawful order
or direction given by a returning officer in the execution of his or her duty
under this Act is guilty of an offence and liable on summary conviction to
custody for a term not exceeding 3 months, or to a fine not exceeding £2,500, or
to both, in addition to any other penalty to which he or she may be subject.149

49 Defacing of notices

If any person without lawful authority destroys, mutilates, defaces or removes
any notice published by the Chief Secretary or a returning officer in connection
with their respective duties under this Act, he or she is guilty of an offence and
liable on summary conviction to a fine not exceeding £200.150

50 Display of lists showing how persons will vote

(1) A candidate at an election shall not, either by himself or herself or by any
agent employed by him or her or any person authorised by him or her to
assist in the election, display in any public place any list of electors
showing how or in what manner any such electors will, or it is assumed
will, vote in the election.151

(2) Any candidate exhibiting a list in contravention of this section is guilty of
an offence and liable on summary conviction to a fine not
exceeding £500.
51 Issue etc of certain election documents

(1) No person shall, for the purpose of promoting or of procuring the
election of any candidate or candidates at an election, publish, display or
issue any document setting out the names of all or any of the candidate
or candidates at such election.
(2) Subsection (1) does not apply to a document containing only the names
of the particular candidate or candidates whose election such person is
seeking to promote or procure, and the manner in which the vote or
votes may be recorded in favour of such particular candidate or
candidates.
(3) Any person who contravenes this section is guilty of an offence and
liable on summary conviction to a fine not exceeding £500.
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52 Officials not to act for candidates

If —
(a) any returning officer at an election,
(b) any officer or clerk appointed under election regulations, or152

(c) any partner or clerk of a person mentioned in paragraph (a) or (b),
acts as an agent of a candidate in the conduct or management of the
election, he or she is guilty of an offence and liable on summary
conviction to a fine not exceeding £2,500.153

53 Canvassing by police officers

(1) If any constable by word, message, writing or in any other manner
endeavours to persuade any person to give, or dissuade any person from
giving, his or her vote at an election, he or she is guilty of an offence and
liable on summary conviction to a fine not exceeding £1,000.154

(2) Nothing in this section subjects a constable to any penalty for anything
done in the discharge of his or her duty as such.155

Supplemental
54 Rights of creditors

Any provision of this Part prohibiting payments and contracts for payments,
shall not affect the right of any creditor, who, when the contract was made or
the expense was incurred, was ignorant of that contract or expense being in
contravention of this Act.
55 Interpretation of Part 4

In this Part —
“candidate
” [Repealed]156

“payment
” includes any pecuniary or other reward;
“pecuniary reward
” and, save in sections 34 and 35, “money
” include any
office, place or employment, and any valuable security or other
equivalent for money, and any valuable consideration; and expressions
referring to money shall be construed accordingly.
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PART 5 – LEGAL PROCEEDINGS

Questioning of an election
56 Election petition

(1) No election and no return to the Keys under this Act shall be questioned
except by a petition presented in accordance with this Part (an “election
petition”) complaining of —
(a) an undue election,
(b) an undue return, or
(c) no return.
(2) On an election petition complaining of no return the High Court may
either —
(a) make such order as it thinks expedient for compelling a return to
be made, or
(b) allow the petition to be heard.
(3) Schedule 3 shall have effect with respect to election petitions.
57 Report as to candidate guilty of corrupt or illegal practices

(1) For the purposes of sections 58 and 66 —
(a) if it is reported that a corrupt practice (other than treating or
undue influence) was committed with the knowledge and consent
of a candidate, he or she shall be treated as having been reported
personally guilty of that corrupt practice, and157

(b) if it is reported that an illegal practice was committed with the
knowledge and consent of a candidate, he or she shall be treated
as having been reported personally guilty of that illegal
practice.158

(2) If a candidate is reported guilty by his or her agents of treating, undue
influence or any illegal practice, and the court further reports under
paragraph 8 of Schedule 3 that the candidate has proved to the court —
(a) that no corrupt or illegal practice was committed in the election
by the candidate or with his or her knowledge or consent and the
offences mentioned in the said report were committed without the
sanction or connivance of the candidate; and159

(b) that the candidate and his or her agents took all reasonable means
for preventing the commission of corrupt and illegal practices at
the election; and160

(c) that the offences mentioned in the report were of a trivial,
unimportant and limited character; and
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(d) that in all other respects the election was free from any corrupt or
illegal practice on the part of the candidate and of his or her
agents,161

then the candidate shall not be treated for the purposes of sections 58
and 66 as having been reported guilty by his or her agents of the offences
mentioned in the report.162

Consequences of finding of corrupt or illegal practice
58 Avoidance of election if candidate reported guilty

(1) If a candidate who has been elected is reported by the High Court
personally guilty or guilty by his or her agents of any corrupt or illegal
practice his or her election shall be void.163

(2) This section is subject to section 32(4) and (5) and section 57(2).
59 Disciplinary action on report etc of corrupt practice

[1980/1/1/189]
(1) Where a justice of the peace is reported by the High Court to have been
guilty of any corrupt practice in reference to an election, whether he or
she has obtained a certificate of indemnity or not, the High Court shall
report the case to the Governor with such evidence as may have been
given of the corrupt practice.164

(2) Where an advocate, or any person who belongs to any profession the
admission to which is regulated by law, is reported by the High Court to
have been guilty of any corrupt practice in reference to an election,
whether he or she has obtained a certificate of indemnity or not, the
Attorney General shall also cause that advocate or as the case may be,
that person to be dealt with as if the corrupt practice were misconduct by
him or her in his or her profession.165

(3) If it appears to the High Court that a person holding a licence under the
Licensing Act 1995 has knowingly suffered any bribery or treating in
reference to any election to take place upon the licensed premises —
(a) the High Court shall, after affording him or her such rights as are
conferred on those about to be reported under paragraph 9(2) of
Schedule 3, report the fact; and166

(b) whether that person has obtained a certificate of indemnity
or not —
(i) the Attorney General shall bring the report before the
Licensing Court, and
(ii) the report shall be taken into consideration by the
Licensing Court in determining whether to renew the
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licence and may be a ground, if the Licensing Court thinks
fit, for refusing the renewal.
(4) If a person holding a licence under the Licensing Act 1995 is convicted of
bribery or treating committed on the licensed premises, the conviction
shall be taken into consideration by the Licensing Court in determining
whether to renew the licence and may be a ground, if the Licensing
Court think fit, for refusing the renewal.
Avoidance of elections etc.: further provisions
60 Avoidance of election for general corruption

(1) Where on an election petition it is shown that corrupt or illegal practices
or illegal payments or hirings committed in reference to the election for
the purpose of promoting or procuring the election of any person at it
have so extensively prevailed that they may be reasonably supposed to
have affected the result —
(a) the election of the person (if any), shall be void, and167

(b) the person shall be incapable of being elected to fill the vacancy or
any of the vacancies for which the election was held.168

(2) An election shall not be liable to be avoided otherwise than under this
section by reason of general corruption, bribery, treating or intimidation.
61 Avoidance of election for employing corrupt agent

If at an election a candidate personally engages as a canvasser or agent for the
conduct or management of the election any person whom the candidate knows
or has reasonable grounds for supposing to be subject to an incapacity to vote at
the election by reason of having been convicted or reported guilty of any
corrupt practice or illegal practice, the candidate shall be incapable of being
elected to fill the vacancy or any of the vacancies for which the election is
held.169

62 Votes to be struck off for corrupt or illegal practices

(1) Where, on an election petition claiming the seat for any person, a
candidate is proved to have been guilty by himself or herself or by any
person on the candidate’s behalf, of bribery, treating or undue influence
in respect of any person who voted at the election, there shall, on a
scrutiny, be struck off from the number of votes appearing to have been
given to the candidate one vote for every person who voted at the
election and is proved to have been so bribed, treated or unduly
influenced.170

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(2) If any person who is guilty of a corrupt or illegal practice or of an illegal
payment or hiring at an election votes at the election, the person’s vote
shall be void.171

(3) If any person, who is subject to an incapacity to vote at an election under
any provision of this Act, votes at that election, the person’s vote shall be
void.172

63 Relief for innocent act

(1) An application for relief under this section may be made to the High
Court.
(1A) For the sake of clarity, under this section—
(a) an application may be made by a person, and
(b) relief may be granted under it to a person,
even if the person is not entitled to present an election petition.173

(2) If it is shown to the High Court by such evidence as the court thinks
sufficient —
(a) that any act or omission of any person would, apart from this
section, by reason of being in contravention of this Act be an
illegal practice, payment or hiring; and
(b) that the act or omission arose from inadvertence or from
accidental miscalculation or from such other reasonable cause of
like nature, and in any case did not arise from any want of good
faith; and
(c) that such notice of the application as the court thinks appropriate
has been given in the constituency for which the election was
held;
and under the circumstances the court thinks it just that either that or
any other person should not be subject to any of the consequences under
this Act of the act or omission, the High Court may make an order
allowing the act or omission to be an exception from the provisions of
this Act making it an illegal practice, payment or hiring; and thereupon
no person shall be subject to any of the consequences under this Act of
the said act or omission.
Prosecutions for corrupt practices etc.
64 Prosecution for corrupt practices etc

(1) A person shall not be prosecuted summarily for a corrupt practice where
there may be occasion to exercise the powers conferred by section 67(1)
and (2).
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(2) A person charged with personation shall not be convicted by a court of
summary jurisdiction or, save under section 65, committed for trial,
except on the evidence of not less than 2 credible witnesses.
(3) On a prosecution for an illegal practice it shall be sufficient to allege that
the person charged was guilty of an illegal practice.
(4) On a prosecution for an illegal payment or an illegal hiring it shall be
sufficient to allege that the person charged was guilty of an illegal
payment or an illegal hiring, as the case may be.
(5) Any person charged with a corrupt practice may, if the circumstances
warrant such finding, be found guilty of an illegal practice (which
offence shall for that purpose be an offence triable on information).
(6) Any person charged with an illegal practice may be found guilty of that
offence even though the act constituting the offence amounted to a
corrupt practice.
(7) Any person charged with an illegal payment or hiring may be found
guilty of that offence even though the act constituting the offence
amounted to a corrupt or illegal practice.
65 Prosecution of offences disclosed on election petition

(1) The Attorney General shall obey any directions given by the High Court
with respect to the prosecution of offenders, and if it appears to the
Attorney General that any person who has not received a certificate of
indemnity has been guilty of a corrupt or illegal practice, the Attorney
General shall, without any such direction, prosecute that person for that
offence before the High Court, or if the Attorney General thinks it
expedient in the interests of justice, before any other competent court.174

(2) Where a person prosecuted before the High Court appears before the
court, the court shall proceed to try him or her summarily, unless —
(a) the court thinks it expedient in the interests of justice that the
person prosecuted should be tried before some other court; and175

(b) in the case of an allegation of a corrupt practice, the person
prosecuted elects to be tried by a jury.176
177

(3) The Summary Jurisdiction Act 1989, so far as applicable, shall apply to the
prosecution of an offence summarily before the High Court, in like
manner as if it were an offence punishable only on summary conviction;
and accordingly —
(a) the attendance of any person may be enforced,
(b) the case shall be heard and determined,
(c) any summary conviction by the High Court shall be carried into
effect and enforced,
(d) the costs of the proceedings shall be paid, and
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(e) the record of the proceedings shall be dealt with under that Act,
in like manner as if the High Court were a court of summary jurisdiction,
except that no appeal shall lie against a conviction by the High Court.
(4) Where —
(a) the person prosecuted does not appear before the High Court; or
(b) the High Court thinks it expedient in the interests of justice that
the person prosecuted should be tried before some other court;
or178

(c) the person prosecuted elects under subsection (2) to be tried by a
jury,
and the High Court is of opinion that the evidence is sufficient to put that
person on trial for the offence, the High Court shall order that person to
be prosecuted for the offence either on information or before a court of
summary jurisdiction specified in the order, as the case may require, and
thereupon shall proceed as directed by subsection (6), (7) or (8).179

(5) Except where the accused has elected to be tried by a jury, a corrupt
practice shall not for the purposes of subsections (6) to (9) be treated as
an offence triable on information, if the High Court thinks that it should
be prosecuted summarily.
(6) If the accused is present before the High Court and the offence is an
offence triable on information, the provisions of the Summary Jurisdiction
Act 1989 relating to charges before justices against persons for such
offences, shall apply, so far as applicable, and the High Court shall
commit the accused for trial.180

(7) If the accused is present before the High Court and the offence is not an
offence triable on information, the High Court shall —
(a) order the accused to be brought before the court of summary
jurisdiction before whom the accused is to be prosecuted, or181

(b) remand the accused on bail to appear before that court.182

(8) If the accused is not present before the High Court, the High Court shall
as circumstances require issue —
(a) a summons for the accused’s attendance before a court of
summary jurisdiction, or183

(b) a warrant to apprehend the accused and bring the accused before
such a court.184

(9) The court of summary jurisdiction before whom the accused attends or is
brought shall —
(a) if the offence is an offence triable on information, on proof only of
the summons or warrant and the identity of the accused, commit
the accused for trial; and185

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(b) if the offence is not an offence triable on information, proceed to
hear the case.186

Incapacities
66 Incapacities on report or conviction of corrupt or illegal practice

(1) A candidate who is reported by the High Court guilty of a corrupt or
illegal practice is incapable, from the date of the report, of being elected
to and sitting in the Keys or of being a member of a local authority in the
Island —
(a) if reported personally guilty of a corrupt practice, for 10 years;
(b) if reported guilty by his or her agents of a corrupt practice, for 7
years;187

(c) if reported personally guilty of an illegal practice, for 7 years;
(d) if reported guilty by his or her agents of an illegal practice, during
the term of the Keys for which the election was held;188

and if at the date of the report he or she is a member of a local authority,
then his or her seat shall be vacated as from that date.189

(2) Any person reported by the High Court personally guilty of a corrupt
practice is for 5 years from the date of the report incapable —
(a) (except in the case of a candidate) of being elected to and sitting in
the Keys or of being a member of a local authority in the Island;190

(b) of being registered as an elector or voting at any election for the
Keys or a local authority; or191

(c) of holding any public or judicial office,
and if at the date of the report he or she is a member of the Keys or a
local authority or holds such an office, then his or her seat or office shall
be vacated as from that date.192

(3) Any person reported by the High Court personally guilty of an illegal
practice is for 5 years from the date of the report incapable of being
registered as an elector or voting at any election for the Keys or a local
authority held for or within —
(a) the constituency in respect of which the offence was committed,
or
(b) any constituency wholly or partly within the area of that
constituency as constituted for the purposes of the election.193

(4) A person convicted of a corrupt practice is subject to the incapacities
imposed by this section as if at the date of the conviction he or she had
been reported personally guilty of that corrupt practice.194

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(5) A person convicted of an illegal practice is subject to the incapacities
imposed by this section as if at the date of the conviction he or she had
been reported personally guilty of that illegal practice.195

(6) This section is subject to section 32(4) and (5), section 57(2) and
section 67.
67 Mitigation and remission of incapacities

(1) Where any person is subject to any incapacity by virtue of the report of
the High Court, and he or she or some other person in respect of whose
acts the incapacity was imposed is on a prosecution acquitted of any of
the matters in respect of which the incapacity was imposed, the High
Court may order that the incapacity shall thenceforth cease so far as it is
imposed in respect of those matters.196

(2) Where any person who is subject to any such incapacity is on a
prosecution convicted of any such matters, no further incapacity shall be
taken to be imposed by reason of the conviction, and the High Court
shall have the like power (if any) to mitigate or remit for the future the
incapacity so far as it is imposed by section 66 in respect of the matters of
which he or she is convicted, as if the incapacity had been imposed by
reason of the conviction.197

(3) The High Court exercising any of the powers conferred by
subsections (1) and (2) shall make an order declaring how far, if at all, the
incapacities imposed by virtue of the relevant report remain unaffected
by the exercise of that power, and the order shall be conclusive for all
purposes.
(4) Where a person convicted of a corrupt or illegal practice is subsequently
reported to have been guilty of it by the High Court, no further
incapacity shall be imposed on him or her under section 66 by reason of
the report.198

(5) Where any person is subject to any incapacity by virtue of a conviction or
of the report of the High Court, and any witness who gave evidence
against that person upon the proceeding for the conviction or report is
convicted of perjury in respect of that evidence, the incapacitated person
may apply to the High Court, and the court, if satisfied that the
conviction or report so far as respects that person was based upon
perjury, may order that the incapacity shall thenceforth cease.
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General provisions as to prosecutions
68 Time limit for prosecutions

(1) Proceedings against a person in respect of any offence to which this
section applies shall not be commenced more than one year after the
offence was committed.
(2) For the purpose of this section —
(a) where the service or execution of a summons, warrant or other
process is prevented by the absconding, concealment or other act
of the alleged offender, the issue of the process shall be treated as
the commencement of proceedings;
(b) in any other case the service of the summons, warrant or other
process shall be treated as the commencement of the proceedings.
(3) This section applies to —
(a) any corrupt or illegal practice;
(b) any illegal payment or hiring; and
(c) any offence under section 37, 38 or 52.
69 Offences by corporations

Where —
(a) any corrupt or illegal practice, or
(b) any illegal payment or hiring, or
(c) any offence under section 37,
is committed by any association or body of persons, corporate or
unincorporate, the members of the association or body who have taken
part in the commission of the offence shall be liable to any fine or
punishment imposed for that offence by this Act.
70 Evidence by certificate of holding of elections

On any prosecution for a corrupt or illegal practice or for any illegal payment or
hiring, the certificate of the returning officer at an election that the election
mentioned in the certificate was duly held and that the person named in the
certificate was a candidate at the election shall be sufficient evidence of the facts
stated in it.
71 Functions of Attorney General

(1) Where information is given to the Attorney General that any corrupt or
illegal practice has occurred in reference to any election, the Attorney
General shall make such inquiries and institute such prosecutions as the
circumstances of the case appear to the Attorney General to require.199

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Page 58 AT 13 of 1995 c

(2) The Attorney General shall, either personally or by a representative,
attend the trial of every election petition.200

(3) The court may order any party to the petition to pay all or part of the
costs of the Attorney General in connection with the petition.
Supplemental
72 Injunction restraining false statement

A person making or publishing any such false statement of fact as is mentioned
in section 32(2)(f) may be restrained by injunction by the High Court from any
repetition of that false statement, or of a false statement of similar character, in
relation to the candidate, and for the purpose of granting an interim injunction,
prima facie proof of the falsity of the statement shall be sufficient.
73 Rules of court

Section 25 of the High Court Act 1991 (power to make rules of court) applies to
proceedings in the High Court under this Act.
74 Service of notices

(1) Any summons, notice or document required to be served on any person
with reference to any proceeding respecting an election for the purpose
of causing the person to appear before the High Court, or otherwise, or
of giving the person an opportunity of making a statement, or showing
cause, or being heard by himself or herself before any court for any
purpose of this Part, may be served —
(a) by delivering it to that person, or by leaving it at, or sending it by
post by a registered letter or the recorded delivery service to, the
person’s last known place of abode in the constituency; or201

(b) if the proceeding is before any court, in such other manner as the
court may direct.202

(2) In proving service by post under this section, it shall be sufficient to
prove that the letter was prepaid, properly addressed, and sent by
registered post or the recorded delivery service.
75 Interpretation of Part 5

In this Part —
“candidate
” [Repealed]203

“costs
” include charges and expenses;
“judicial office
” includes the office of justice of the peace;
“payment
” includes any pecuniary or other reward;
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“pecuniary reward
” and “money
” include any office, place or employment, and
any valuable security or, other equivalent for money, and any valuable
consideration; and expressions referring to money shall be construed
accordingly;
“prescribed
” [Repealed]204

“public office
” means any office under the Crown or under any Department,
Statutory Board or local authority.
PART 6 – MISCELLANEOUS AND SUPPLEMENTAL

76 [Repealed]
205

Supplemental
77 Interpretation: general

(1) In this Act —
“accredited observer
” means a person permitted to attend election proceedings
as an observer in accordance with section 31A;206

“advance voter
” means a person allowed to vote in advance under section 26;207

“anonymous
” – see subsection (2);208

“the Board of Education
” [Repealed]209

“candidate
” – see subsection (6);210

“donation
” – see subsection (3);211

“election
” means an election of a member or members of the Keys;
“election expenses
” – see subsection (4);212

“election petition
” means a petition presented in pursuance of Schedule 3;
“election rules
” [Repealed]213

“elector
”, in relation to an election, means any person whose name is for the
time being on the register to be used at that election;
“Electoral Registration Officer
” means the officer for the time being appointed
under section 4(1) of the Registration of Electors Act 2006;214

“legal incapacity
” includes (in addition to any incapacity by virtue of any
subsisting provision of the common law) any disqualification imposed
by this Act or any other enactment;
“member
” means a member of the Keys;
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“nominated charitable trust
” means the Manx Lottery Trust, an independent
charitable trust established by a trust deed dated 21st May 2008;215

“political party
” means an organisation, howsoever called, one of whose
fundamental purposes is to participate in the public affairs of the Island
by supporting or otherwise endorsing a candidate at an election of the
Keys;216

“prescribed
”, except in Schedule 3, means prescribed by regulations;217

“prospective candidate
” – see subsection (7);218

“registration officer
” has the same meaning as in the Registration of Electors Act
2006;219

“regulations
” means regulations made by the Governor in Council;
“returning officer
” means a returning officer appointed under section 13 and,
where a deputy returning officer appointed under section 18 is acting for
the returning officer in accordance with his authority, includes a deputy
returning officer;
“support
” need not be financial support;220

“voter
” means a person voting at an election, and includes a person voting as an
absent voter or as a proxy, and “vote” shall be construed accordingly;
“working day
” means any day other than Christmas Day, Good Friday, a
Saturday, a Sunday or a day prescribed as a bank holiday under section 1
of the Bank Holidays Act 1989.221

(2) For the purposes of this Act a donor or donation is “anonymous
” if the
recipient is unable, despite taking all reasonable steps —
(a) in the case of a donation made by a person other than in the
person’s capacity as a trustee, to ascertain the identity of the
donor making the donation;
(b) in the case of a donation made by a trustee, to ascertain the
identity of the settlor or other contributor to the trust providing
the asset from which the donation is derived.222

(3) Whether something constitutes a donation for the purposes of this Act,
and if so the timing and amount of the donation, is to be determined in
accordance with Part 1 of Schedule 3A.223

(4) Whether or not something constitutes an election expense for the
purposes of this Act and, if so, the timing and amount of the expense is
to be determined in accordance with Part 2 of Schedule 3A.224

(5) Regulations may amend the definition of “nominated charitable trust”.225

(6) For the purposes of this Act a person becomes a candidate for an election
on the day on which, in accordance with election regulations, a person is
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nominated for election to the Keys, and that nomination is accepted by a
returning officer.226

(7) For the purposes of this Act a person becomes a prospective candidate
for the next election of the Keys when —
(a) that person (“C”) declares C’s intention to be a candidate at that
election; or
(b) another person, with C’s consent, declares C’s intention to be such
a candidate.227

(8) But if the declaration referred to in subsection (7) occurs more than 12
months before the day of the election, C becomes a prospective candidate
on the day that is 12 months before election day.228

78 [Repealed]
229

79 Local elections

For Schedule 1 to the Local Elections Act 1986 there are substituted the provisions
set out in Schedule 5.
80 Regulations

(1) The Governor in Council may make regulations prescribing anything
which by this Act (except Schedule 3) may be prescribed.230

(1A) Regulations may amend this Act so as to vary any reference to any
period of time mentioned in sections 20A to 20G.231

(2) Regulations under this Act shall not have effect unless they are approved
by Tynwald.
81 Transitional provisions, amendments, repeals and revocations

(1) [Repealed]232

(2) The enactments specified in Schedule 7 are amended in accordance with
that Schedule.
(3) The enactments specified in Schedule 8 are repealed or, as the case may
be, revoked, to the extent specified in column 3 of that Schedule.
(4) In applying any provision of this Act inserted by the Representation of the
People (Amendment) Act 2015, in reckoning any period of time, disregard
any time before the provision so inserted comes into operation.233

82 Short title and commencement

(1) This Act may be cited as the Representation of the People Act 1995.
(2) This Act shall come into operation on the 1st January 1996.
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SCHEDULE 1
234

SCHEDULE 2
235

SCHEDULE 3

PROCEDURE ON ELECTION PETITION

Section 56(3)
1 Interpretation

In this Schedule —
“petition
” means an election petition;
“prescribed
” means prescribed by rules of court;236

“the court
” means the High Court.
2 Presentation and service of petition

(1) A petition may be presented by one or more of the following persons —
(a) a person who voted as an elector at the election or who had a right
so to vote;
(b) a person claiming to have had a right to be elected or returned at
the election; or
(c) a person alleging himself or herself to have been a candidate at
the election.237

(2) The respondent to a petition shall be —
(a) if the petition complains of the conduct of a returning officer, the
returning officer;
(b) in any other case, the member whose election or return is
complained of.
(3) The petition shall —
(a) be addressed to the court;
(b) be in the prescribed form;
(c) state the prescribed matters;
(d) be signed by the petitioner, or all the petitioners if more than one;
(e) be filed at the General Registry; and
(f) be served in the prescribed manner.
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(4) The Chief Registrar shall cause a copy of the petition to be sent to the returning
officer of the constituency to which the petition relates, who shall forthwith publish it
in that constituency.
3 Time for presentation or amendment of petition

(1) Subject to this paragraph, a petition shall be presented within 28 days after the
return has been made to the Clerk of the Rolls of the member to whose election the
petition relates.
(2) If the matter complained of in the petition is an alleged illegal payment, or any
payment of money or other act made or done since the return has been made, by the
member to whose election the petition relates or any agent of the member’s or with the
privity of the member, in pursuance or furtherance of the matter complained of, the
petition may so far as respects such matter be filed within 28 days after the date of the
payment or other act.238

(3) If the petition is one complaining of no return, it shall be filed within 56 days of
the issue of the writ of election.
(4) For the purposes of this paragraph, an allegation that an election is avoided
under section 61 shall be treated as an allegation of corrupt practices, notwithstanding
that the offences alleged are, or include, offences other than corrupt practices.
4 Security for costs etc.

(1) The petitioner shall in accordance with rules of court give security, in such
amount (not exceeding the prescribed amount) as the Clerk of the Rolls directs, for all
costs which may become payable by the petitioner in connection with the petition.239

(2) Within the prescribed time the petitioner shall serve on the respondent —
(a) a notice of the presentation of the petition, and of the nature of the
proposed security, and
(b) a copy of the petition.
(3) The respondent may in accordance with rules of court object to any security
given by the petitioner on the ground that —
(a) any surety is insufficient or dead, or cannot be found or identified,
or
(b) a person named as surety has not duly acknowledged the
recognisance;
and the objection shall be decided by the court.
(4) If no security is given as required by this paragraph, or any objection is allowed
and not removed, no further proceedings shall be had on the petition.
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5 Petition at issue

On the expiration of the time limited for objections, or, after objection made, on the
objection being disallowed or removed, whichever last happens, the petition shall be at
issue.
6 Trial of petition

(1) A petition shall be tried in open court without a jury, and notice of the time and
place of trial shall be given in the prescribed manner, not less than 14 days before the
day of trial.
(2) The trial of a petition shall be proceeded with notwithstanding the acceptance
by the respondent of an office of profit under the Crown or under the Government of
the Island, and notwithstanding the prorogation of the Keys.
(3) On the trial of a petition, unless the court otherwise directs, any charge of a
corrupt or illegal practice may be gone into, and evidence in relation thereto received,
before any proof has been given of agency on behalf of any candidate in respect of the
corrupt or illegal practice.
(4) On the trial of a petition complaining of an undue election and claiming the seat
or office for some person, the respondent may give evidence to prove that that person
was not duly elected, in the same manner as if he or she had presented a petition
against the election of that person.240

(5) If it appears during the hearing of a petition that there is an equality of votes
between any candidates at the election, and that the addition of a vote would have
entitled any of these candidates to be declared elected, then —
(a) any decision under the provisions as to equality of votes in
election regulations shall, in so far as it determines the question
between those candidates, be effective also for the purposes of the
petition; and241

(b) in so far as that question is not determined by such a decision the
court shall decide between them by lot and proceed as if the one
on whom the lot then falls had received an additional vote.
7 Witnesses

(1) The Attorney General shall obey any direction given by the court with respect
to the summoning and examination of any witness to give evidence at the trial.242

(2) The Attorney General shall, without any direction from the court, cause any
person appearing to the Attorney General to be able to give material evidence as to the
subject of the trial to attend the trial and shall with the leave of the court examine him
or her as a witness.243

(3) A person called as a witness respecting an election before the court shall not be
excused from answering any question relating to any offence at, or connected with, the
election, on the ground that the answer thereto may criminate or tend to criminate that
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person or the spouse or civil partner of that person, or on the ground of privilege;
but —
(a) a witness who answers truly all questions which he or she is
required by the court to answer shall be entitled to receive a
certificate of indemnity under the hand of the Deemster presiding
at the court stating that the witness has so answered; and244

(b) an answer by a person to a question put by, or before, the court
shall not, except in the case of any criminal proceeding for perjury
in respect of the evidence, be in any proceeding, civil or criminal,
admissible in evidence against that person or the spouse or civil
partner of that person.245

(4) The giving or refusal to give a certificate of indemnity to a witness by a court
shall be final and conclusive.
(5) Where a person has received a certificate of indemnity in relation to an election,
and any legal proceeding is at any time instituted against the person for any corrupt or
illegal practice committed by the person previously to the date of the certificate at or in
relation to the election, or any illegal payment or hiring or contravention of section 39
so committed, the court having cognizance of the case shall on production of the
certificate stay the proceeding, and may in its discretion award to the said person such
costs as he or she may have been put to in the proceeding.246

(6) Nothing in this paragraph shall relieve a person receiving a certificate of
indemnity from any incapacity under this Act or from any proceedings to enforce that
incapacity (other than a criminal prosecution).
(7) The reasonable expenses incurred by any person in appearing to give evidence
at the trial of a petition, according to the scale allowed to witnesses on the trial of civil
actions, may be allowed to him by a certificate of the court.
8 Conclusion of trial of petition

(1) At the conclusion of the trial of a petition the court shall determine whether the
member whose petition, election or return is complained of, or any, and what, other
person was duly returned or elected, or whether the election was void, and shall
forthwith certify in writing the determination to the Speaker, and the determination so
certified shall be final to all intents and purposes.
(2) Where any charge is made in the petition of any corrupt or illegal practice
having been committed at the election, the court shall, in addition to giving a
certificate, and at the same time, make a report to the Speaker as required by
paragraph 9 and also stating whether corrupt or illegal practices have, or whether there
is reason to believe that corrupt or illegal practices have, extensively prevailed at the
election.
(3) The court may at the same time make a special report to the Speaker as to
matters arising in the course of the trial an account of which in the judgment of the
court ought to be submitted to the Keys.
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(4) The Keys on being informed of a certificate and any report of the court, shall
order the certificate and report (if any) to be entered in their proceedings or minutes
and shall give the necessary direction for confirming or altering the return, or for
reporting to the Governor the vacancy in pursuance of section 5 with a view to issuing
a writ for a new election, or for carrying the determination into execution as the
circumstances may require; and where the court makes a special report, the Keys may
make such order in respect of that report as they think proper.
9 Further provisions as to report under paragraph 8

(1) The report of the court under paragraph 8 shall state —
(a) whether any corrupt or illegal practice has or has not been proved
to have been committed by or with the knowledge and consent of
any candidate at the election, and the nature of the corrupt or
illegal practice;
(b) whether any of the candidates has been guilty by his or her agents
of any corrupt or illegal practice in reference to the election;247

(c) the names of all persons (if any) who have been proved at trial to
have been guilty of any corrupt or illegal practice and whether
they have been furnished with certificates of indemnity.
(2) Before any report is made against a person who is neither a party to the petition
nor a candidate on behalf of whom the seat is claimed by the petition, the court shall
first —
(a) cause notice to be given to the person, and248

(b) if the person appears in pursuance of the notice, give the person
an opportunity of being heard in person and of calling evidence in
his or her defence to show why he or she should not be so
reported.249

(3) The report shall be laid before the Attorney General with a view to the Attorney
General’s instituting or directing a prosecution against such persons as have not
received certificates of indemnity, if the evidence should, in the Attorney General’s
opinion, be sufficient to support a prosecution.250

(4) This paragraph is subject to section 32(4) and (5).
10 Withdrawal of petition

(1) A petitioner shall not withdraw a petition without the leave of the court on
special application, made in the prescribed manner.
(2) The application shall not be made until the prescribed notice of the intention to
make it has been given in the constituency to which the petition relates.
(3) Where there are more petitioners than one, the application shall not be made
except with the consent of all the petitioners.
Schedule 3
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(4) If a petition is withdrawn the petitioner shall be liable to pay the costs of the
respondent.
11 Evidence required for withdrawal of petition

(1) Before leave for the withdrawal of a petition is granted, there shall be produced
affidavits by all the parties to the petition and their advocates, but the court may on
cause shown dispense with the affidavit of any particular person if it seems to the court
on special grounds to be just so to do.
(2) Each affidavit shall state that, to the best of the deponent’s knowledge and
belief, no agreement or terms of any kind whatsoever has or have been made, and no
undertaking has been entered into, in relation to the withdrawal of the petition; but if
any lawful agreement has been made with respect to the withdrawal of the petition,
the affidavit shall set forth that agreement, and shall make the foregoing statement
subject to what appears from the affidavit.
(3) The affidavits of the applicant and the applicant’s advocate shall further state
the ground on which the petition is sought to be withdrawn.251

(4) Copies of the said affidavits shall be delivered to the Attorney General a
reasonable time before the application for the withdrawal is heard, and the court may
hear the Attorney General or the Attorney General’s assistant, or other representative,
in opposition to the allowance of the withdrawal of the petition, and may receive the
evidence on oath of any person or persons whose evidence the Attorney General or the
Attorney General’s assistant or other representative may consider material.252

(5) Where more than one advocate is concerned for the petitioner or respondent,
whether as agent for another advocate or otherwise, the affidavit shall be made by all
such advocates.
12 Corrupt withdrawal

If any person makes any agreement or enters into any undertaking in relation to the
withdrawal of a petition, and the agreement or undertaking is for the withdrawal of
the petition in consideration —
(a) of any payment, or
(b) that the seat or office shall at any time be vacated, or
(c) of the withdrawal of any other petition,
or is (whether lawful or unlawful) not mentioned in the said affidavits, he shall be
guilty of an offence and liable on conviction on information to imprisonment for a term
not exceeding 12 months or to a fine, or to both.
13 Substitution of new petitioner

(1) On the hearing of the application for leave to withdraw, any person who might
have been a petitioner in respect of the election may apply to the court to be
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substituted as a petitioner, and the court may, if it thinks fit, substitute the person
accordingly.253

(2) If the proposed withdrawal is in the opinion of the court the result of any
agreement or undertaking prohibited by section 39 or induced by any corrupt bargain
or consideration, the court may by order direct that the security given on behalf of the
original petitioner shall remain as security for any costs that may be incurred by the
substituted petitioner, and that, to the extent of the sum named in the security, the
original petitioner and his or her sureties shall be liable to pay the costs of the
substituted petitioner.254

(3) If the court does not so direct, then security to the same amount as would be
required in the case of a new petitioner and subject to the like conditions shall be given
on behalf of the substituted petitioner before he or she proceeds with his or her petition
and within the prescribed time after the order of substitution.255

(4) Subject as aforesaid, a substituted petitioner shall as nearly as may be stand in
the same position and be subject to the same liabilities as the original petitioner.
14 Report on withdrawal

If a petition is withdrawn, the court shall make a report to the Speaker stating whether
in the opinion of the court the withdrawal of the petition was —
(a) the result of any agreement or undertaking, or
(b) in consideration of any matter specified in paragraph 12 or for any
other consideration,
and, if so, shall state the circumstances attending the withdrawal.
15 Withdrawal after double return

(1) Where —
(a) a petition complains of a double return to a writ for an election;
and
(b) the respondent has given notice to the court that he or she does
not intend to oppose the petition; and256

(c) no party has been admitted under the following provisions to
defend the petition; and
(d) there is no petition complaining of the other member returned on
the double return,
the petitioner may withdraw by notice addressed to the court, who upon receipt of the
notice shall report the fact of the withdrawal to the Speaker.
(2) The Keys shall thereupon give the necessary directions for amending the
double return by striking out the certificate by which the respondent declining to
oppose the petition was returned, or otherwise as the case may require.
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16 Abatement of petition

(1) A petition shall be abated by the death of a sole petitioner or of the survivor of
several petitioners.
(2) The abatement shall not affect the liability of the petitioner or any other person
to the payment of costs previously incurred.
(3) On the abatement the prescribed notice thereof shall be given in the
constituency to which the petition relates; and within the prescribed time after the
notice is given, any person who might have been a petitioner in respect of the election
may apply to the court in the prescribed manner and at the prescribed time to be
substituted as a petitioner; and the court may, if it thinks fit, substitute him or her
accordingly.257

(4) Security shall be given on behalf of a petitioner so substituted, as in the case of a
new petition.
17 Withdrawal and substitution of respondents before trial

(1) If before the trial of a petition the Keys resolve that the seat of a respondent is
vacant or that respondent (not being a returning officer) —
(a) dies;
(b) becomes a member of the Council; or
(c) gives the prescribed notice that he or she does not intend to
oppose the petition,
the prescribed notice of those events must be given in the constituency to which the
petition relates.258

(1A) Within the prescribed time after the notice is given any person who might be a
petitioner in respect of the election may apply to the court to be admitted as a
respondent to oppose the petition, and must so admitted save that no more than 3
persons may be admitted in total.259

(2) A respondent who has given the prescribed notice that he or she does not
intend to oppose the petition shall not be allowed to appear or act as a party against
the petition in any proceedings thereon, and he or she shall not sit or vote in the Keys
until the Keys have been informed of the report on the petition.260

(3) Where a respondent to a petition has given the prescribed notice in the
prescribed time and manner, the court shall report that fact to the Speaker.
18 Costs of petition

(1) All costs of and incidental to the presentation of a petition and the proceedings
consequent thereon, except as otherwise provided for, shall be defrayed by the parties
to the petition in such manner and in such proportions as the court may determine;
and in particular any costs which in the opinion of the court have been caused by
vexatious conduct, unfounded allegations or unfounded objections on the part either of
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the petitioner or of the respondent, and any needless expense incurred or caused on
the part of the petitioner or respondent, may be ordered to be defrayed by the parties
by whom it has been incurred or caused, whether or not they are on the whole
successful.
(2) If a petitioner neglects or refuses for 3 months after demand to pay to any
person summoned as a witness on his or her behalf or to the respondent any sum
certified to be due to him or her for his or her costs, and the neglect or refusal is within
one year after the demand proved to the satisfaction of the court, every person who
under this Act entered into a recognisance relating to the petition shall be held to have
made default in the recognisance, and the court shall thereupon certify the
recognisances to be forfeited and grant execution against every such person in favour
of the witness or respondent, as the case may be, in respect of the sum due to him or
her.261

19 Further provisions as to costs

(1) Where upon the trial of a petition it appears to the court —
(a) that a corrupt practice has not been proved to have been
committed in reference to the election by or with the knowledge
and consent of the respondent to the petition, and
(b) that the respondent took all reasonable means to prevent corrupt
practices being committed on his or her behalf,262

the court may make one or more orders with respect to the payment either of the
whole or such part of the costs of the petition as the court may think right as provided
by sub-paragraph (2).
(2) If it appears to the court that any person or persons is or are proved, whether
by providing money or otherwise, to have been extensively engaged in corrupt
practices, or to have encouraged or promoted extensive corrupt practices in reference
to the election, the court may, after giving that person, or those persons, an
opportunity of being heard by an advocate and examining and cross-examining
witnesses to show cause why the order should not be made, order the whole or part of
the costs to be paid by that person or those persons or any of them; and may order that
if the costs cannot be recovered from one or more of those persons, they shall be paid
by some other of those persons or by either of the parties to the petition.
(3) Where any person appears to the court to have been guilty of a corrupt or
illegal practice, the court may, after giving that person an opportunity of making a
statement to show why the order should not be made, order the whole or any part of
the costs of, or incidental to, any proceeding before the court in relation to the said
person to such person or persons as the court may direct.
20 Appeals and jurisdiction

(1) No appeal shall lie without the special leave of the court from the decision of
the court on any question of law, whether on appeal or otherwise, under the foregoing
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Page 72 AT 13 of 1995 c

provisions of this Schedule, and if leave to appeal is granted the decision of the court
on the appeal shall be final and conclusive.
(2) Subject to the provisions of this Act and of rules of court, the court shall, so far
as may be, observe the principles, practices and rules on which select committees of the
Keys used to act in dealing with election petitions.
(3) The court shall, subject to the provisions of this Act, have the same powers,
jurisdiction and authority with respect to a petition and the proceedings thereon as if
the petition were an ordinary action within its jurisdiction.
SCHEDULE 3A
263

[Section 77]
DONATIONS AND ELECTION EXPENSES

PART 1 — MEANING OF “DONATION”

21 1 Money

(1) A gift of money is a donation if —
(a) it is made at any time during the relevant period to a candidate or
prospective candidate and the giver signifies, either expressly or
by implication, that the money is intended for use to pay the
candidate’s election expenses; or
(b) it is made after the candidate’s nomination is accepted by the
returning officer but before the poll, and the giver does not signify
the intended use of the money.
(2) A loan of money is a donation if —
(a) the loan is made either at no cost to the candidate or prospective
candidate or on terms by which the cost to the candidate or
prospective candidate is below the commercial rate for the loan;
and
(b) the loan is made —
(i) at any time during the relevant period, to the candidate or
prospective candidate and the lender signifies, either
expressly or by implication, that the loan is intended for
use to pay the election expenses of the candidate or
prospective candidate; or
(ii) after the candidate’s nomination is accepted by the
returning officer but before the poll, and the lender does
not signify the intended use of the loan.
(3) A gift or loan of money is made at the time when the money is given to
the candidate or prospective candidate or, if earlier, the time when the
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c AT 13 of 1995 Page 73

giver or lender informs the candidate or prospective candidate of his or
her intention to make the gift or loan.
22 Goods and services

(1) A gift or loan of goods, the supply of goods for use or the supply of
services is a donation if —
(a) the gift or loan is made free of charge or at a discount to the open
market value of or rate for the goods or services; and
(b) the gift or loan is made —
(i) during the relevant period, to the candidate or prospective
candidate and the giver or lender signifies, either expressly
or by implication, that the goods or services are intended
for use by the candidate or prospective candidate, for the
purposes described in paragraph 6(1)(b); or
(ii) after the candidate’s nomination is accepted by the
returning officer but before the poll, and the giver or
lender does not signify the intended use of the goods or
services.
(2) A gift, loan of goods or supply of goods or services, is made at the time
when the goods or services are supplied.
23 Value attributable to donation of loans, goods or services

(1) The value of a donation that is a loan of money is the amount equal to
the difference between the cost, to the candidate or prospective
candidate, of the loan if it had been made on commercial terms and the
actual cost to the candidate or prospective candidate.
(2) The value of a donation of goods is the amount equal to the difference
between the open market value of the goods and actual cost to the
candidate or prospective candidate.
(3) The value of a donation of the use of goods is the amount equal to the
difference between the open market rate for the provision of the goods
and the actual cost to the candidate or prospective candidate.
(4) The value of a donation of the supply of services is the amount equal to
the difference between the open market rate for their supply and the
actual cost to the candidate or prospective candidate.
24 Exception for services of an individual provided without charge

(1) The provision by an individual of his or her own services which he or
she provides voluntarily, in his or her own time and without charge, is
not a donation.
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(2) The exception in sub-paragraph (1) does not extend to any goods used by
or supplied by the individual in the course of the provision of the
individual’s own services.
(3) However, the provision without charge of a motor vehicle by an
individual which the individual drives for the purposes of conveying
voters to or from a polling station on polling day does not constitute a
donation.
25 Exception for newspapers and broadcasts

(1) A person does not make a donation by publishing any matter relating to
an election —
(a) in a newspaper or periodical (including a web-based edition of
the newspaper or periodical);
(b) in a programme broadcast by a television or radio service
provider (including such a programme as it may be accessed on,
or downloaded from, a website); or
(c) on a website as part of the news service of a television or radio
service provider or news agency.
(2) Despite sub-paragraph (1), a person does make a donation if the person
provides an advertisement, or pays for the inclusion of an advertisement,
in a newspaper or a periodical.
(3) In this paragraph —
(a) references to a newspaper or a periodical include references to a
web-based edition of that newspaper or periodical; and
(b) references to a programme broadcast by a television or radio
service include references to such a programme being made
available for viewing or listening on, or downloading from, a
website.
PART 2 — MEANING OF “ELECTION EXPENSES”

26 Election expenses of a candidate

(1) Expenses are a candidate’s election expenses if they are incurred, or are
treated as being incurred at any time during the relevant period —
(a) by the candidate or prospective candidate or with that person’s
express or implied consent; and
(b) for the supply or use of goods or the provision of services used —
(i) to promote or procure the election of the candidate or the
prospective candidate at the election; or
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c AT 13 of 1995 Page 75

(ii) to prejudice the electoral prospects of another candidate or
prospective candidate in the same election.
(2) If a candidate or prospective candidate is endorsed by any other person,
the candidate or prospective candidate is taken, for the purposes of sub-
paragraph (1)(a), to have consented to the person’s incurring expenses on
his or her behalf.
27 Direct or notional expenses

(1) The election expenses of a candidate or prospective candidate may be
direct expenses or notional expenses.
(2) A direct expense is the amount of any liability incurred for the supply or
use of goods or the provision of services used as described in paragraph
6(1)(b).
(3) A notional expense is incurred when goods or services supplied either
free of charge or at a discount are used as described in paragraph 6(1)(b).
(4) A notional expense is also a donation and, accordingly determine its
value and timing in accordance with paragraph 3.
(5) This paragraph is subject to paragraph 8.
28 Sums to be disregarded in computing expenses

In computing expenses for the purposes of this Schedule disregard —
(a) any expense that, by virtue of paragraph 4 or 5, is not a donation;
(b) any expense incurred by a person in discharging a legal obligation
(such as that of the Treasury under section 31(1) in respect of
posting election addresses);
(c) any expense incurred in connection with the proper performance
of a person’s duties as a member of the Keys or the holder of any
other elected office; and
(d) any expense of a description specified in an order made by the
Council of Ministers.
29 Shared expenses

If election expenses are incurred by, or with the express or implied consent of, 2 or
more candidates or prospective candidates, it shall be presumed, unless the contrary is
proved by them, that the expenses relate to goods and services which are of equal
benefit to them and, accordingly, that those expenses are to be apportioned equally
between them.
Schedule 4
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Page 76 AT 13 of 1995 c

30 Meaning of “relevant period”

In this Schedule “the relevant period
” has the same meaning as it has in section 20G.
SCHEDULE 4
264

SCHEDULE 5

SUBSTITUTED SCHEDULE 1 TO THE LOCAL ELECTIONS ACT

1986

Section 79265

SCHEDULE 6
266

SCHEDULE 7

AMENDMENT OF ENACTMENTS

Section 81(2)
[Sch 7 amended by Education Act 2001 Sch 11 and by Registration of Electors
Act 2006 Sch 3, and amends the following Acts —
Isle of Man Constitution Amendment Act 1919 q.v.
Local Elections Act 1986 q.v.
Legal Aid Act 1986 q.v.]
SCHEDULE 8

REPEALS AND REVOCATIONS

Section 81(3)
PART 1 – ENACTMENTS REPEALED

Part 1 repeals the following Acts wholly —
Representation of the People Act 1951
Representation of the People Act 1956
Representation of the People Act 1966
Representation of the People (Members of Tynwald and Local
Authorities) Act 1971
Representation of the People (Amendment) Act 1976
Representation of the People (Preferential Voting) Act 1982
Representation of the People Act 1995 Schedule 8



c AT 13 of 1995 Page 77

Representation of the People Act 1985
Representation of the People Act 1990
and the following Acts in part —
Bankruptcy Code 1892
Isle of Man Constitution Amendment Act 1919
Castletown Town Act 1966
Ramsey Town Act 1970
Civil Evidence Act 1973
Statute Law Revision (Miscellaneous Provisions) Act 1979
Governor’s General Functions (Transfer) Act 1980
Constitution (Amendment) Act 1981
Statute Law Revision Act 1983
Registration of Electors Act 1984
Douglas Extension of Boundaries Act 1985
Treasury Act 1985
Fines Act 1986
Local Elections Act 1986
Education Act 1986
Payment of Members’ Expenses Act 1989
Ramsey (Boundary Extension) Act 1993
Broadcasting Act 1993.]
PART 2 – ORDERS REVOKED

Part 2 repeals the following Orders wholly —
Election Rules Amendment Order 1966 (GC31/66)
Election Rules (Amendment) Order 1983 (GC231/83)
Election Rules (Amendment) (No.2) Order 1983 (GC13/84)
Election Rules (Amendment) Order 1986 (GC176/86)
Election Rules (Amendment) (No.3) Order 1986 (GC251/86)
and the following Orders in part —
Transfer of Functions (Treasury) Order 1986 (GC69/86)
Department of Local Government and the Environment Order
1986 (GC192/86).]
Representation of the People Act 1995 Endnotes


c AT 13 of 1995 Page 79

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 1 substituted by Representation of the People (Amendment) Act 2015 s 5. 2
S 2 substituted by Representation of the People (Amendment) Act 2015 s 5. 3
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 4
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 5
Para (b) amended by Registration of Electors Act 2006 Sch 3. 6
S 5 amended by Representation of the People (Amendment) Act 2004 s 1 and by
Representation of the People (Amendment) Act 2015 Sch 1. 7
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 8
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 9
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 10
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 11
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 12
Subs (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 13
Subs (4) amended by Representation of the People (Amendment) Act 2015 Sch 1. 14
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 15
Subs (6) amended by Representation of the People (Amendment) Act 2015 Sch 1. 16
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 17
Subs (8) amended by Representation of the People (Amendment) Act 2015 Sch 1. 18
Subs (9) added by Representation of the People (Amendment) Act 2004 s 2 and
amended by Representation of the People (Amendment) Act 2015 Sch 1. 19
Subs (10) added by Representation of the People (Amendment) Act 2004 s 2 and
amended by Representation of the People (Amendment) Act 2015 Sch 1. 20
S 7 amended by Representation of the People (Amendment) Act 2015 Sch 1.
Endnotes Representation of the People Act 1995


Page 80 AT 13 of 1995 c

21
S 8 amended by Representation of the People (Amendment) Act 2015 Sch 1. 22
Subs (1A) inserted by Presiding Officers Act 2008 s 1. 23
Subs (1B) inserted by Presiding Officers Act 2008 s 1. 24
Para (b) amended by Representation of the People (Amendment) Act 2004 s 3 and by
Representation of the People (Amendment) Act 2015 Sch 1. 25
Para (c) amended by Representation of the People (Amendment) Act 2015 Sch 1. 26
S 9A inserted by Presiding Officers Act 2008 s 2. 27
S 9B inserted by Presiding Officers Act 2008 s 3. 28
Part 1A inserted by Representation of the People (Amendment) Act 2015 s 6. 29
S 10A inserted by Representation of the People (Amendment) Act 2015 s 6. 30
Subs (5) not in operation – see SD2015/0303. 31
S 10B inserted by Representation of the People (Amendment) Act 2015 s 6. 32
S 10C inserted by Representation of the People (Amendment) Act 2015 s 6. 33
S 10D inserted by Representation of the People (Amendment) Act 2015 s 6. 34
Para (a) transitionally modified by SD2015/0303. 35
S 10E inserted by Representation of the People (Amendment) Act 2015 s 6. 36
S 10F inserted by Representation of the People (Amendment) Act 2015 s 6. 37
S 10G inserted by Representation of the People (Amendment) Act 2015 s 6. 38
Subs (4) transitionally modified by SD2015/0303. 39
Subs (5) transitionally modified by SD2015/0303 40
S 10H inserted by Representation of the People (Amendment) Act 2015 s 6. 41
S 10I inserted by Representation of the People (Amendment) Act 2015 s 6. 42
S 10J inserted by Representation of the People (Amendment) Act 2015 s 6. 43
Subpara (i) transitionally modified by SD2015/0303. 44
S 10K inserted by Representation of the People (Amendment) Act 2015 s 6. 45
S 10L inserted by Representation of the People (Amendment) Act 2015 s 6. 46
S 10M inserted by Representation of the People (Amendment) Act 2015 s 6. 47
S 10N inserted by Representation of the People (Amendment) Act 2015 s 6. 48
Division 1 heading inserted by Representation of the People (Amendment) Act 2015 s
7. 49
S 11 substituted by Representation of the People (Amendment) Act 2014 s 3.
[Applies to the general election of the Keys in 2016 and every election thereafter by s 2
of the 2014 Act.] 50
Division 2 heading inserted by Representation of the People (Amendment) Act 2015 s
7. 51
Item substituted by Representation of the People (Amendment) Act 2016 s 4. 52
S 11A inserted by Representation of the People (Amendment) Act 2014 s 3. [Applies
to the general election of the Keys in 2016 and every election thereafter by s 2 of the
2014 Act.] 53
S 12 substituted by Representation of the People (Amendment) Act 2015 s 8. 54
Division 3 heading inserted by Representation of the People (Amendment) Act 2015 s
7.
Representation of the People Act 1995 Endnotes


c AT 13 of 1995 Page 81

55
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 56
Subs (3) amended by Representation of the People (Amendment) Act 2015 s 13. 57
Subs (5) substituted by Representation of the People (Amendment) Act 2015 Sch 1. 58
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 59
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 60
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 61
Subs (1) amended by Representation of the People (Amendment) Act 2015 s 9. 62
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 63
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 64
Para (c) amended by Representation of the People (Amendment) Act 2015 Sch 1. 65
Para (d) amended by Representation of the People (Amendment) Act 2015 Sch 1. 66
Subs (1) substituted by Representation of the People (Amendment) Act 2015 s 10. 67
Subs (1A) inserted by Representation of the People (Amendment) Act 2015 s 10. 68
Subs (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 69
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 70
S 20 heading amended by Representation of the People (Amendment) Act 2015 s 11. 71
Subs (5) amended by Representation of the People (Amendment) Act 2015 s 11. 72
Division 4 heading inserted by Representation of the People (Amendment) Act 2015 s
12. 73
S 20A inserted by Representation of the People (Amendment) Act 2015 s 12. 74
S 20B inserted by Representation of the People (Amendment) Act 2015 s 12. 75
S 20C inserted by Representation of the People (Amendment) Act 2015 s 12. 76
S 20D inserted by Representation of the People (Amendment) Act 2015 s 12. 77
S 20E inserted by Representation of the People (Amendment) Act 2015 s 12. 78
S 20F inserted by Representation of the People (Amendment) Act 2015 s 12. 79
S 20G inserted by Representation of the People (Amendment) Act 2015 s 12. 80
S 22 substituted by Representation of the People (Amendment) Act 2015 s 13. 81
S 23 heading amended by Representation of the People (Amendment) Act 2015 s 14. 82
S 23 amended by Representation of the People (Amendment) Act 2015 s 14 and Sch 1. 83
Subs (1A) inserted by Representation of the People (Amendment) Act 2015 s 15. 84
Subs (2) amended by Representation of the People (Amendment) Act 2006 s 4 and by
Representation of the People (Amendment) Act 2015 Sch 1. 85
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 86
S 25 substituted by Representation of the People (Amendment) Act 2015 s 16. 87
S 26 heading substituted by Representation of the People (Amendment) Act 2015 s
17. 88
Subs (1) substituted by Representation of the People (Amendment) Act 2015 s 17. 89
Para (a) amended by Representation of the People (Amendment) Act 2015 s 17. 90
Subs (3) amended by Representation of the People (Amendment) Act 2015 s 17. 91
Subs (4) amended by Representation of the People (Amendment) Act 2015 s 17. 92
S 26 substituted by Representation of the People (Amendment) Act 2006 s 2. 93
Subs (1) substituted by Representation of the People (Amendment) Act 2015 s 18.
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Para (a) amended by Representation of the People (Amendment) Act 2006 s 4. 95
Subs (3) amended by Civil Partnership Act 2011 Sch 14. 96
Subs (4) substituted by Representation of the People (Amendment) Act 2015 s 18. 97
Subs (4A) inserted by Representation of the People (Amendment) Act 2015 s 18. 98
S 30 substituted by Representation of the People (Amendment) Act 2015 s 19. 99
S 31 substituted by Representation of the People (Amendment) Act 2015 s 19. 100
S 31A inserted by Representation of the People (Amendment) Act 2015 s 20. 101
S 31B inserted by Representation of the People (Amendment) Act 2015 s 20. 102
S 31C inserted by Representation of the People (Amendment) Act 2015 s 20. 103
Para (ea) inserted by Representation of the People (Amendment) Act 2015 s 21. 104
Para (f) amended by Representation of the People (Amendment) Act 2015 Sch 1. 105
Subs (4) amended by Representation of the People (Amendment) Act 2015 Sch 1. 106
Subs (5) amended by Representation of the People (Amendment) Act 2015 Sch 1. 107
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 108
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 109
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 110
Subs (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 111
Subs (5) amended by Representation of the People (Amendment) Act 2015 Sch 1. 112
Subs (6) amended by Representation of the People (Amendment) Act 2015 Sch 1. 113
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 114
Subs (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 115
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 116
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 117
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 118
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 119
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 120
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 121
Para (a) amended by Representation of the People (Amendment) Act 2015 s 22. 122
Para (c) inserted by Representation of the People (Amendment) Act 2015 s 22. 123
Subs (4) amended by Representation of the People (Amendment) Act 2015 s 22. 124
Subs (6) substituted by Representation of the People (Amendment) Act 2015 s 22. 125
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 126
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 127
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 128
S 41 repealed by Representation of the People (Amendment) Act 2015 s 24. 129
Para (a) amended by Representation of the People (Amendment) Act 2015 s 25 and
Sch 1. 130
Para (b) amended by Representation of the People (Amendment) Act 2015 s 25 and
Sch 1. 131
Para (c) amended by Representation of the People (Amendment) Act 2015 Sch 1. 132
Para (e) repealed by Representation of the People (Amendment) Act 2015 s 25. 133
Para (g) amended by Representation of the People (Amendment) Act 2015 Sch 1.
Representation of the People Act 1995 Endnotes


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134
Para (j) amended by Civil Partnership Act 2011 Sch 14 and by Representation of the
People (Amendment) Act 2015 Sch 1. 135
Para (l) amended by Representation of the People (Amendment) Act 2015 Sch 1. 136
Para (b) amended by Representation of the People (Amendment) Act 2015 s 25. 137
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 138
S 44A inserted by Representation of the People (Amendment) Act 2015 s 26. 139
S 44B inserted by Representation of the People (Amendment) Act 2015 s 26. 140
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 141
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 142
Para (c) amended by Representation of the People (Amendment) Act 2015 Sch 1. 143
Para (d) amended by Representation of the People (Amendment) Act 2015 Sch 1. 144
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 145
Subs (4) amended by Representation of the People (Amendment) Act 2015 s 13. 146
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 147
Para (d) amended by Representation of the People (Amendment) Act 2015 Sch 1. 148
Subs (5) amended by Representation of the People (Amendment) Act 2015 Sch 1. 149
S 48 amended by Representation of the People (Amendment) Act 2015 Sch 1. 150
S 49 amended by Representation of the People (Amendment) Act 2015 Sch 1. 151
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 152
Para (b) amended by Representation of the People (Amendment) Act 2015 s 13. 153
S 52 amended by Representation of the People (Amendment) Act 2015 Sch 1. 154
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 155
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 156
Definition of “candidate” repealed by Representation of the People (Amendment)
Act 2015 s 27. 157
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 158
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 159
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 160
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 161
Para (d) amended by Representation of the People (Amendment) Act 2015 Sch 1. 162
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 163
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 164
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 165
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 166
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 167
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 168
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 169
S 61 amended by Representation of the People (Amendment) Act 2015 Sch 1. 170
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 171
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 172
Subs (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 173
Subs (1A) inserted by Representation of the People (Amendment) Act 2015 s 28.
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Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 175
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 176
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 177
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 178
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 179
Subs (4) amended by Representation of the People (Amendment) Act 2015 Sch 1. 180
Subs (6) amended by Representation of the People (Amendment) Act 2015 Sch 1. 181
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 182
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 183
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 184
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 185
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 186
Subs (9) amended by Representation of the People (Amendment) Act 2015 Sch 1. 187
Para (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 188
Para (d) amended by Education (Miscellaneous Provisions) Act 2009 Sch 1 and by
Representation of the People (Amendment) Act 2015 Sch 1. 189
Subs (1) amended by Education (Miscellaneous Provisions) Act 2009 Sch 1 and by
Representation of the People (Amendment) Act 2015 Sch 1. 190
Para (a) amended by Education (Miscellaneous Provisions) Act 2009 Sch 1. 191
Para (b) amended by Education (Miscellaneous Provisions) Act 2009 Sch 1. 192
Subs (2) amended by Education (Miscellaneous Provisions) Act 2009 Sch 1 and by
Representation of the People (Amendment) Act 2015 Sch 1. 193
Subs (3) amended by Education (Miscellaneous Provisions) Act 2009 Sch 1. 194
Subs (4) amended by Representation of the People (Amendment) Act 2015 Sch 1. 195
Subs (5) amended by Representation of the People (Amendment) Act 2015 Sch 1. 196
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 197
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 198
Subs (4) amended by Representation of the People (Amendment) Act 2015 Sch 1. 199
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 200
Subs (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 201
Para (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 202
Subs (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 203
Definition of “candidate” repealed by Representation of the People (Amendment)
Act 2015 s 27. 204
Definition of “prescribed” repealed by Representation of the People (Amendment)
Act 2015 s 27. 205
S 76 and cross heading relating to this section repealed by Registration of Electors
Act 2006 Sch 3. 206
Definition of “accredited observer” inserted by Representation of the People
(Amendment) Act 2015 s 29. 207
Definition of “advance voter” inserted by Representation of the People
(Amendment) Act 2015 s 29.
Representation of the People Act 1995 Endnotes


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208
Definition of “anonymous” inserted by Representation of the People (Amendment)
Act 2015 s 29. 209
Definition of “the Board of Education” repealed by Education (Miscellaneous
Provisions) Act 2009 Sch 1. 210
Definition of “candidate” inserted by Representation of the People (Amendment)
Act 2015 s 29. 211
Definition of “donation” inserted by Representation of the People (Amendment) Act
2015 s 29. 212
Definition of “election expenses” inserted by Representation of the People
(Amendment) Act 2015 s 29. 213
Definition of “election rules” repealed by Representation of the People
(Amendment) Act 2015 s 29. 214
Definition of “Electoral Registration Officer” inserted by Representation of the
People (Amendment) Act 2015 s 29. 215
Definition of “nominated charitable trust” inserted by Representation of the People
(Amendment) Act 2015 s 29. 216
Definition of “political party” inserted by Representation of the People
(Amendment) Act 2015 s 29. 217
Definition of “prescribed” amended by Representation of the People (Amendment)
Act 2015 s 29. 218
Definition of “prospective candidate” inserted by Representation of the People
(Amendment) Act 2015 s 29. 219
Definition of “registration officer” amended by Registration of Electors Act 2006 Sch
2. 220
Definition of “support” inserted by Representation of the People (Amendment) Act
2015 s 29. 221
Definition of “working day” inserted by Representation of the People (Amendment)
Act 2015 s 29. 222
Subs (2) inserted by Representation of the People (Amendment) Act 2015 s 29. 223
Subs (3) inserted by Representation of the People (Amendment) Act 2015 s 29. 224
Subs (4) inserted by Representation of the People (Amendment) Act 2015 s 29. 225
Subs (5) inserted by Representation of the People (Amendment) Act 2015 s 29. 226
Subs (6) inserted by Representation of the People (Amendment) Act 2015 s 29. 227
Subs (7) inserted by Representation of the People (Amendment) Act 2015 s 29. 228
Subs (8) inserted by Representation of the People (Amendment) Act 2015 s 29. 229
S 78 repealed by Education (Miscellaneous Provisions) Act 2009 Sch 1. 230
Subs (1) amended by Representation of the People (Amendment) Act 2015 s 30. 231
Subs (1A) inserted by Representation of the People (Amendment) Act 2015 s 30. 232
Subs (1) repealed by Representation of the People (Amendment) Act 2015 s 31. 233
Subs (4) inserted by Representation of the People (Amendment) Act 2015 s 31. 234
Sch 1 repealed by Representation of the People (Amendment) Act 2014 s 3. [Applies
to the general election of the Keys in 2016 and every election thereafter by s 2 of the
2014 Act.]
Endnotes Representation of the People Act 1995


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Sch 2 repealed by Representation of the People (Amendment) Act 2015 s 13. 236
Definition of “prescribed” inserted by Representation of the People (Amendment)
Act 2015 s 32. 237
Item (c) amended by Representation of the People (Amendment) Act 2015 Sch 1. 238
Subpara (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 239
Subpara (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 240
Subpara (4) amended by Representation of the People (Amendment) Act 2015 Sch 1. 241
Item (a) amended by Representation of the People (Amendment) Act 2015 s 13. 242
Subpara (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 243
Subpara (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 244
Item (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 245
Subpara (3) amended by Civil Partnership Act 2011 Sch 14. Item (b) amended by
Civil Partnership Act 2011 Sch 14. 246
Subpara (5) amended by Representation of the People (Amendment) Act 2015 Sch 1. 247
Item (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 248
Item (a) amended by Representation of the People (Amendment) Act 2015 Sch 1. 249
Item (b) substituted by Representation of the People (Amendment) Act 2015 Sch 1. 250
Subpara (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 251
Subpara (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 252
Subpara (4) amended by Representation of the People (Amendment) Act 2015 Sch 1. 253
Subpara (1) amended by Representation of the People (Amendment) Act 2015 Sch 1. 254
Subpara (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 255
Subpara (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 256
Item (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 257
Subpara (3) amended by Representation of the People (Amendment) Act 2015 Sch 1. 258
Subpara (1) substituted by Representation of the People (Amendment) Act 2015 Sch
1. 259
Subpara (1A) inserted by Representation of the People (Amendment) Act 2015 Sch 1. 260
Subpara (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 261
Subpara (2) amended by Representation of the People (Amendment) Act 2015 Sch 1. 262
Item (b) amended by Representation of the People (Amendment) Act 2015 Sch 1. 263
Sch 3A inserted by Representation of the People (Amendment) Act 2015 s 33. 264
Sch 4 repealed by Education (Miscellaneous Provisions) Act 2009 Sch 1. 265
Sch 5 substitutes Sch 1 to Local Elections Act 1986. 266
Sch 6 repealed by Representation of the People (Amendment) Act 2015 s 34.

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