Part X Miscellaneous and general

Election material

143AF1Meaning of “election material”

1

“Election material” means material which can reasonably be regarded as intended to promote or procure electoral success at any relevant election for—

a

one or more particular registered parties,

b

one or more registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

c

candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates.

2

For the purposes of subsection (1)—

a

the reference to electoral success at any relevant election is a reference—

i

in relation to a registered party, to the return at any such election of candidates standing in the name of the party or included in a list of candidates submitted by the party in connection with the election, and

ii

in relation to candidates, to their return at any such election,

b

the reference to doing any of the things mentioned in that subsection includes doing so by prejudicing the electoral prospects at the election of other parties or candidates, and

c

a course of conduct may constitute the doing of one of those things even though it does not involve any express mention being made of the name of any party or candidate.

3

In determining whether material can reasonably be regarded as intended to promote or procure electoral success as mentioned in subsection (1), it is immaterial that it can reasonably be regarded as intended to achieve any other purpose as well.

4

In this section—

  • “candidate” includes a future candidate, whether identifiable or not;

  • “relevant election” has the same meaning as in Part 2 (see section 22(5)).