The Litter Pollution Act was amended in March, 2009 to introduce a time limit prior to polling from which posters can be exhibited. Previously there was no specific date from which posters could be erected but, in practice, local authorities did not allow posters until the polling day order or equivalent had been completed.  

Q. What amendment has been made to the Litter Pollution Act ?

    How many days before a poll can candidates erect posters?

A. Posters are only allowed to be erected for a certain specified time period before a poll now. This time period is either (a) 30 days before the poll date or (b) from the date the polling day order (or equivalent) for the election has been completed, whichever provides the shorter period of time.

Example: for the local and European elections held on Friday, 5^th June 2009, 30 days prior to the poll date was Wednesday, 6^th May; the polling orders having been completed well in advance of this date (i.e. more than 30 days before the poll). The 30 day limit would therefore apply to candidates erecting posters for the local and European elections because the 30-day limit was the shorter time period. 

1. Local Election Polling Day Order signed 31 March, 2009 therefore the number of days to the poll = 66 days which is greater than 30 days, so the 30 day period applied in this case.

2. European Election Polling Day Order signed 29 April, 2009 therefore number of days to the poll = 37 days which is greater than 30 days, so the 30 day period applied in this case.

Q. How come some candidates or groups may have posters up on billboards?

A. This is commercial advertising, not election postering so any person may buy this advertising space at any time of the year to advertise their product / service. Note, there are planning regulations relevant to this type of advertising space so check with your local authority planning section.

Q. Can candidates put posters up in road-side fields / their campaign office window?

A. Owners, occupiers and persons in charge of property can exhibit election posters on their property, subject to planning regulations. If a candidate is exhibiting posters on someone else's property, they must be authorised in advance to do so in writing by the owner, occupier or person in charge.

Q. Can candidates put public meeting posters up?

A. Public meeting posters can be exhibited for up to 30 days before the date of the meeting and must be taken down within 7 days of the meeting. It must be a valid public meeting and the poster must clearly advertise it for the exemption from prosecution to apply. 

Q. What about candidates parking vehicles with election slogans printed on the side in free parking spots?

A. This is not an offence under the Litter Pollution Acts, however, section 19 does make it an offence to place adverts (e.g. flyers) on mechanically propelled vehicles unless they are secured by mechanical means. This, therefore, prohibits the placement of flyers under wiper blades, etc.

Q. Has there been a change to the number of days candidates have to remove posters?

A. No, all election posters must be removed within 7 days of the latest date of the poll.

Other General Considerations:

·          The Road Traffic Acts contain requirements in relation to maintaining clear lines of sight for road users which may impact on where posters can be placed, e.g. not at traffic junctions or on roundabouts where they may cause road safety risks. Check with the Roads Department of your local authority.

·          The planning regulations contain various requirements for postering which should be checked to ensure that posters meet them.

·          Section 20 of the Litter Pollution Acts gives local authorities powers to serve notices on occupiers of property in or visible from a public place to remove advertisements if it appears to the local authority that it is in the interests of amenity or of the environment of an area that any advertisement exhibited thereon should be removed.

      See section 20 of the Litter Pollution Act 1997 for further details.