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Representation of the People Act 1983

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Changes over time for: Section 90A

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Version Superseded: 11/09/2006

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[F190A Meaning of “election expenses”.U.K.

(1)In this Part of this Act “election expenses”, in relation to a candidate at an election, means (subject to subsections (2) and (3) and sections 90B and 90C below) any expenses incurred in respect of—

(a)the acquisition or use of any property, or

(b)the provision by any person of any goods, services or facilities,

which is or are used for the purposes of the candidate’s election after the date when he becomes a candidate at the election.

(2)Subsection (1) above applies whether the expenses are incurred before or after that date.

(3)No election expenses shall be regarded as incurred, by virtue of subsection (1) or (2) above or sections 90B and 90C below, in respect of—

(a)the payment of any deposit required by rule 9 of Schedule 1 to this Act;

(b)the publication of any matter, other than an advertisement, relating to the election in—

(i)a newspaper or periodical,

(ii)a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or

(iii)a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996;

(c)the provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Act other than facilities in respect of which expenses fall to be defrayed by virtue of sections 95(4) and 96(4) below;

(d)the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.

(4)In this section and in sections 90B and 90C below “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.

(5)For the purposes of this Part of this Act—

(a)election expenses are incurred by or on behalf of a candidate at an election if they are incurred—

(i)by the candidate or his election agent, or

(ii)by any person authorised by the candidate or his election agent to incur the expenses; and

(b)any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses which are incurred as mentioned in paragraph (a)(i) or (ii) above before the date when he becomes a candidate at the election but which by virtue of subsection (1) and (2) above fall to be regarded as election expenses.

(6)In this Part, and in Part III of this Act, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.]

Textual Amendments

F1Ss. 90A-90D inserted (1.7.2001) by 2000 c. 41, s. 134(1)(2) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C1S. 90A applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1

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