§ 110.—(1) This section applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well).
§ (2) No material to which this section applies shall be published unless—
- (a) in the case of material which is, or is contained in, such a document as is mentioned in subsection (4), (5) or (6) below, the requirements of that subsection are complied with; or
- (b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under subsection (7) below are complied with.
§ (3) For the purposes of subsections (4) to (6) below the following details are "the relevant details" in the case of any material falling within subsection (2)(a) above, namely—
- (a) the name and address of the printer of the document;
- (b) the name and address of the promoter of the material; and
- (c) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
§ (4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.
§ (5) Where the material is a printed document other than one to which subsection (4) above applies, the relevant details must appear either on the first or the last page of the document.
§ (6) Where the material is an advertisement contained in a newspaper or periodical—
- (a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page; and
- (b) the relevant details specified in subsection (3)(b) and (c) above must be included in the advertisement.
§ (7) The Secretary of State may, after consulting the Electoral Commission, by regulations make provision for and in connection with the imposition of requirements as to the inclusion in material falling within subsection (2)(b) above of the following details, namely—
- (a) the name and address of the promoter of the material; and
- (b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).
§ (8) Regulations under subsection (7) above may in particular specify—
- (a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;
- (b) circumstances in which—
- (i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or
- (ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this section by that person or by a person of any other such description;
- (c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of any description so specified.
§ (9) Where any material falling within subsection (2)(a) above is published in contravention of subsection (2), then (subject to subsections (11) and (12) below) —
- (a) the promoter of the material,
- (b) any other person by whom the material is so published, and
- (c) the printer of the document,
§ (10) Where any material falling within subsection (2)(b) above is published in contravention of subsection (2), then (subject to regulations made by virtue of subsection (8)(b) above and to subsections (11) and (12) below)—
- (a) the promoter of the material, and
- (b) any other person by whom the material is so published,
§ (11) It shall be a defence for a person charged with an offence under this section to prove—
- (a) that the contravention of subsection (2) above arose from circumstances beyond his control; and
- (b) that he took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.
§ (12) Where a candidate or his election agent would (apart from this subsection) be guilty of an offence under subsection (9) or (10) above, he shall instead be guilty of an illegal practice.
§ (13) In this section—
- "print" means print by whatever means, and "printer" shall be construed accordingly;
- "the promoter", in relation to any material to which this section applies, means the person causing the material to be published;
- "publish" means make available to the public at large, or any section of the public, in whatever form and by whatever means.
§ (14) For the purpose of determining whether any material is material such as is mentioned subsection (1) above, it is immaterial that it does not expressly mention the name of any candidate."").
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(b) in the definition of "money", for "sections 113 and 114 above" there shall be substituted "sections 71A, 113 and 114 above and Schedule 2A to this Act".").
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(" . In Schedule 3, in the form of declarations—
shall be omitted.").Page 164, line 43, after ("Order") insert ("1980").
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236
("() For section 86(10) and (11) there shall be substituted—
(10) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
() For section 106(9) there shall be substituted—
(9) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
() For section 167(5) there shall be substituted—
(5) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of this section as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article."").
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