Representation of the People Act 1983

Part IIU.K. The Election Campaign

The Election agentU.K.

67 Appointment of election agentU.K.

(1)Not later than the latest time for the delivery of notices of withdrawals for an election, a person shall be named by or on behalf of each candidate as the candidate’s election agent, and the name and address of the candidate’s election agent shall be declared in writing by the candidate or some other person on his behalf to the appropriate officer not later than that time.

[F1(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, the requirements of subsection (1) above in relation to those candidates are that not later than the time there mentioned—

(a)a person shall be named by or on behalf of the party as the election agent of all of those candidates; and

(b)the declaration required by that subsection shall be made by or on behalf of the party.]

(2)A candidate may name himself as election agent, and upon doing so shall, so far as circumstances admit, be subject to the provisions of this Act both as a candidate and as an election agent, and, except where the context otherwise requires, any reference in this Act to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.

[F2(2A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, a candidate included in the list—

(a)must not under subsection (2) above name himself as his own election agent, but

(b)may be named by or on behalf of the party as the election agent of all the candidates included in the list,

and the provisions which have effect by virtue of subsection (2) above in relation to a candidate upon his naming himself as election agent shall also have effect in relation to a candidate upon his being named as election agent by virtue of paragraph (b) above.]

(3)[F3Subject to subsection (3A) below,]One election agent only shall be appointed for each candidate, but the appointment, whether the election agent appointed be the candidate himself or not, may be revoked.

[F4(3A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a)the same person must be appointed as election agent for all the candidates included in the list; and

(b)any such appointment may only be revoked by or on behalf of the party and in respect of all the candidates.]

(4)If whether before, during or after the election the appointment [F5(or deemed appointment)] of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate officer.

(5)The declaration as a candidate’s election agent of a person other than the candidate shall be of no effect under this section unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

[F6(5A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (5) above shall apply in relation to the candidates included in that list as if the reference to a person other than the candidate were a reference to a person other than the candidate whose name appears highest on the list.]

(6)Upon the name and address of an election agent being declared to the appropriate officer, the appropriate officer shall forthwith give public notice of that name and address.

[F7(6A)Where a candidate at an election of councillors to a county or county borough council in Wales has named themself as election agent and the home address form accompanying the candidate’s nomination paper contains a statement under rule 9(6) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 that the candidate’s home address must not be made public—

(a)the candidate’s home address must not be included in the public notice under subsection (6), and

(b)the information given in the candidate’s home address form under rule 9(7) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 must be included in the public notice instead.]

(7)In this Part of this Act the expression “appropriate officer” means—

(a)in relation to a parliamentary election, the returning officer;

[F8(aa)in relation to an Authority election, the returning officer for that election (as determined under subsection (2B) of section 35 or, as the case may be, paragraph (a) or (b) of subsection (2C) of that section);]

(b)in relation to [F9any other local government election,], the proper officer of the authority for which the election is held.

68[F10 Nomination of sub-agent at parliamentary or Authority elections.]U.K.

(1)In the case of

[F11(a)] a parliamentary election for a county constituency, [F12or

(b)an Authority election,]

an election agent for a candidate may appoint to act in any part of the constituency [F13or electoral area] one, but not more than one, deputy election agent (in this Act referred to as sub-agent).

(2)As regards matters in a part of the constituency [F14or electoral area] for which there is a sub-agent the election agent may act by the sub-agent and—

(a)anything done for the purposes of this Act by or to the sub-agent in his part of the constituency [F14 or electoral area] shall be deemed to be done by or to the election agent; and

(b)any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Act shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and

(c)the candidate shall suffer the like incapacity as if that act or default had been the election agent’s act or default.

(3)[F15Not later than the second day] before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate officer, and the appropriate officer shall forthwith give public notice of the name and address of every sub-agent so declared.

(4)The appointment of a sub-agent—

(a)shall not be vacated by the election agent who appointed him ceasing to be election agent, but

(b)may be revoked by whoever is for the time being the candidate’s election agent,

and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate officer, who shall forthwith give public notice of the name and address so declared.

[F16(4A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a)the election agent for those candidates must, if he appoints a sub-agent for any part of the electoral area in the case of any of those candidates, appoint the same person as sub-agent for that part of the electoral area in the case of all of the candidates; and

(b)any such appointment may only be revoked in respect of all of the candidates.]

(5)The declaration to be made to the appropriate officer, and the notice to be given by him, under subsection (3) or subsection (4) above shall specify the part of the constituency [F17or electoral area] within which any sub-agent is appointed to act.

69 Office of election agent and sub-agent.U.K.

(1)Every election agent and every sub-agent shall have an office to which all claims, notices, [F18legal process and other] documents may be sent, and the address of the office shall be—

(a)declared to the appropriate officer at the same time as the appointment of the agent [F19is declared to him]; and

(b)stated in the public notice of the name of the agent.

[F20(1A)Subsection (1B) applies where—

(a)a candidate at an election of councillors to a county or county borough council in Wales has named themself as election agent,

(b)the home address form accompanying the candidate’s nomination paper contains a statement under rule 9(6) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 that the candidate’s home address must not be made public, and

(c)the office address that is required to be declared under subsection (1) is also the candidate’s home address.

(1B)If the candidate (in their capacity as election agent) does not want the office address to be included in the public notice under section 67(6), the candidate must, in addition to declaring the office address, provide the appropriate officer with another address in England or Wales to be used for correspondence (“a correspondence address”).

(1C)Where the candidate (in their capacity as election agent) provides a correspondence address under subsection (1B)—

(a)the office address must not be included in the public notice under section 67(6), and

(b)the correspondence address must be included instead.]

(2)The office—

(a)of the election agent for a parliamentary election shall be within the constituency or an adjoining constituency [F21or in a Welsh county or county borough, or London borough or district,] which is partly comprised in or adjoins the constituency, and that of a sub-agent shall be in the area within which he is appointed to act; and

(b)of an election agent for a local government election shall be within the local government area or in the constituency or one of the constituencies in which the area is comprised [F21or in a Welsh county or county borough, or London borough or district,] which adjoins it, [F22 and that of a sub-agent shall be in the area within which he is appointed to act].

(3)Any claim, notice, [F23legal process or other] document delivered at the office of the election agent or sub-agent [F24, or delivered to a correspondence address provided under subsection (1C),] and [F25addressed to the agent], shall be deemed to have been served on him and every election agent or sub-agent may in respect of any matter connected with the election in which he is acting be sued in any court having jurisdiction at the place where his office is situated.

70 Effect of default in election agent’s appointment.U.K.

(1)If no person’s name and address is given as required by section 67 above as the election agent of a candidate who remains validly nominated at the latest time for delivery of notices of withdrawals, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent.

(2)If—

(a)the person whose name and address have been so given as those of the candidate’s election agent (not being the candidate himself) dies, and

(b)a new appointment is not made on the day of the death or on the following day,

the candidate shall be deemed to have appointed himself as from the time of death.

(3)If the appointment of a candidate’s election agent is revoked without a new appointment being made, the candidate himself shall be deemed to have been appointed (or reappointed) election agent.

[F26(3A)The deemed appointment of a candidate as his own election agent may be revoked as if it were an actual appointment.]

(4)Where a candidate is by virtue of this section to be treated as his own election agent, he shall be deemed to have his office—

(a)at his address as given in the statement as to persons nominated [F27(or where, in the case of a parliamentary election, the address is not given on that statement, the address as given under rule 6(4) of Schedule 1 to this Act)] ; or

(b)if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.

[F28(4A)In relation to a candidate who is deemed by virtue of this section to be their own election agent at an election of councillors to a county or county borough in Wales, subsection (4) does not apply and the candidate’s office is instead deemed to be—

(a)in a case where the candidate’s home address given under rule 9(2)(b) of Schedule 1 or 2 to the Local Elections (Principal Areas) (Wales) Rules 2021 is in England or Wales, at that address, and

(b)otherwise, at the candidate’s qualifying address as stated under rule 9(2)(c) of Schedule 1 or 2 to those Rules or, where more than one qualifying address is stated, at the first of those addresses.]

(5)Where in a local government election in Scotland a candidate is by virtue of this section to be treated as his own election agent, he shall be deemed to have his office—

(a)at his address as given in his nomination paper or papers, or

(b)if that address is outside the permitted area for the office, at the address of the person named as the proposer of the candidate in the nomination paper first delivered in which the address of the proposer is in the local government area.

(6)The appropriate officer on being satisfied that a candidate is by virtue of this section to be treated as his own election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69 above.

[F29(7)In the case of a parliamentary election, subsection (6) above applies whether or not a statement has been made under rule 6(5) of Schedule 1 to this Act requiring the candidate's home address not to be made public.]

[F30(8)In relation to a candidate who is deemed by virtue of this section to be their own election agent at an election of councillors to a county or county borough in Wales, subsection (6) does not apply and instead sections 67 and 69 apply with the following modifications.

(9)Section 67 applies as if the name and address of the candidate had been declared in writing to the appropriate officer under subsection (1) of that section.

(10)Section 69 applies as if—

(a)the address at which the candidate’s office is deemed to be had been declared to the appropriate officer under subsection (1)(a) of that section, and

(b)subsections (1A) to (1C) and (2) of that section were omitted.]

[F3170A Application of s.70 in relation to election of London members of the London Assembly.U.K.

(1)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election—

(a)section 70 shall not apply in relation to those candidates, but

(b)the following provisions of this section shall have effect in place of that section.

(2)If no person’s name and address is given as required by virtue of section 67(1A) as the election agent of all of the candidates included in the list who remain validly nominated at the latest time for delivery of notices of withdrawals—

(a)the candidate whose name appears highest on the list shall be deemed at that time to have been named on behalf of the party as election agent for all of the candidates; and

(b)any appointment of another person as election agent for those candidates shall be deemed to have been revoked.

(3)If—

(a)the person whose name and address have been so given as those of the election agent for the candidates dies, and

(b)a new appointment is not made on the day of the death or on the following day,

the candidate whose name appears highest on the list shall be deemed to have been named on behalf of the party as election agent for all of the candidates as from the time of death.

(4)If the appointment of the election agent for the candidates is revoked without a new appointment being made, the candidate whose name appears highest on the list shall be deemed to have been appointed (or re-appointed) election agent.

(5)The deemed appointment of a candidate as election agent may be revoked as if it were an actual appointment.

(6)Where a candidate included in the list is by virtue of this section to be treated as election agent, he shall be deemed to have his office—

(a)at his address as given in the statement as to persons nominated; or

(b)if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.

(7)The appropriate officer, on being satisfied that a candidate is by virtue of this section to be treated as election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69.]

71 Elections where election agent not required.U.K.

A candidate—

(a)at an election in England of parish councillors, or in Wales of community councillors, or

(b)at any election under the local government Act which is not a local government election,

need not have an election agent, and accordingly the foregoing provisions of this Part of this Act do not apply to those elections.

[F32 Donations to candidates]U.K.

[F3371A Control of donations to candidates.U.K.

(1)In the case of any candidate at an election, any money or other property provided (whether as a gift or loan)—

(a)by any person other than the candidate or his election agent, and

(b)for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or his election agent.

(2)Subsection (1) above does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent (in the case of an election where sub-agents may be appointed).

(3)A person who provides any money or other property in contravention of subsection (1) above shall be guilty of an illegal practice.

(4)Schedule 2A to this Act shall have effect for the purpose of controlling donations to candidates.

(5)In this section and that Schedule “property” includes any description of property, and references to the provision of property accordingly include the supply of goods.]

Election expensesU.K.

F3472. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

73 Payment of expenses through election agent.U.K.

[F35(1)Subject to subsection (5) below, no payment (of whatever nature) shall be made by—

(a)a candidate at an election, or

(b)any other person,

in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.]

(2)Every payment made by an election agent in respect of any election expenses shall, except where less than [F36£20], be vouched for by a bill stating the particulars [F37or by a receipt].

(3)The references in the foregoing provisions of this section to an election agent shall, in relation to a parliamentary [F38or Authority] election where subagents are allowed, be taken as references to the election agent acting by himself or a sub-agent.

F39(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40(5)This section does not apply to—

(a)any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate;

(b)any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision;

(c)any expenses included in a declaration made by the election agent under section 74A below; F41...

[F42(ca)any expenses incurred, otherwise than in relation to an election in Wales under the local government Act, on account of any matter falling within section 75(1) by a person authorised as mentioned in that provision; or]

(d)any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of [F43section 90ZA(5)] below.]

(6) A person who makes [F44any payment (of whatever nature)] in contravention of subsection (1) above F45... shall be guilty of an illegal practice.

74[F46Expenses which may be paid otherwise than by election agent.]U.K.

(1)The candidate at an election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but

[F47(a)] the amount which a candidate at a parliamentary election may pay shall not exceed [F48£600],.

[F49(b)the amount which a candidate at an election of the Mayor of London may pay shall not exceed £5,000,

(c)the amount which a candidate at an election of a constituency member of the London Assembly may pay shall not exceed £600, and

(d)the amount which a candidate to be a London member of the London Assembly at an ordinary election may pay shall not exceed £900,

and, where paragraph (a), (b), (c) or (d) above applies],any further personal expenses so incurred by him shall be paid by his election agent.

[F50(1A)In the application of subsection (1) above in relation to a person who is a candidate in two or more Authority elections those elections shall be treated—

(a)if one of them is an election of the Mayor of London, as if they together constituted a single election falling within paragraph (b) of that subsection, and

(b)in any other case, as if they together constituted a single election falling within paragraph (d) of that subsection.

[F51(1B)The candidate at an election may also pay any election expenses (other than expenses falling within subsection (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.]

(2)The candidate shall send to his election agent within the time limited by this Act for sending in claims a written statement of the amount of [F52expenses paid as mentioned in subsection (1) or (1B) above]by the candidate.

(3)Any person may, if so authorised in writing by the candidate’s election agent, pay any necessary expenses for stationery, postage, telegrams (or any similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

(4)A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Act for sending in claims, and shall be vouched for by a bill containing that person’s receipt.

[F53(5)Sections 78 and 79 below do not apply to expenses which, in accordance with any provision of this section, are paid otherwise than by the candidate’s election agent.]]

[F5474A Expenses incurred otherwise than for election purposes.U.K.

(1)Neither section 73 above nor sections 78 and 79 below shall apply to election expenses—

(a)which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate’s election, but

(b)which by virtue of [F55section 90ZA(1)] below fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate’s election.

(2)The candidate’s election agent shall make a declaration of the amount [F56(determined in accordance with section 90B below)] of any election expenses falling within subsection (1) above.

(3)In this section “for the purposes of the candidate’s election” has the same meaning as in [F57sections 90ZA and] 90C below.]

75 Prohibition of expenses not authorised by election agent.U.K.

(1)No expenses shall, with a view to promoting or procuring the election of a candidate [F58(or, in the case of an election of the London members of the London Assembly at an ordinary election, a registered political party or candidates of that party)] at an election, be incurred [F59after he becomes a candidate at that election] by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account—

(a)of holding public meetings or organising any public display; or

(b)of issuing advertisements, circulars or publications; or

(c)of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate [F60or

(d)in the case of an election of the London members of the London Assembly at an ordinary election, of otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party or the extent or nature of that party’s backing or disparaging any other registered political party.]

[F61but paragraph (c) [F62or (d)] of this subsection shall not—

(i)restrict the publication of any matter relating to the election in a newspaper or other periodical or in a broadcast made by the British Broadcasting Corporation or [F63or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 [F64or Part I or II of the Broadcasting Act 1996];] or

(ii)apply to any expenses not exceeding in the aggregate the sum of [F65£5] which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others, or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.]

[F66(1ZZA)Paragraph (c) or (d) of subsection (1) above does not restrict the publication of any matter relating to the election in—

(a)a newspaper or other periodical,

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

(c)a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.

(1ZZB)Subsection (1) above does not apply to any expenses incurred by any person—

(a)which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or

(b)in travelling or in living away from home or similar personal expenses.]

[F67(1ZA)For the purposes of [F68subsection (1ZZB)(a)] above, “the permitted sum” means—

(a)in respect of a candidate at a parliamentary election, [F69£700];

(b)in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;

and expenses shall be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding [F68subsection (1ZZB)(a)] fall within subsection (1) above.]

[F70(1A)In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, any reference to the candidate includes a reference to all or any of the candidates of a registered political party [F71; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party.]]

F72(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a person incurs any expenses required by this section to be authorised by the election agent—

(a)that person shall [F73within 21 days after the day on which the result of the election is declared deliver] to the appropriate officer a return of the amount of those expenses, stating the election at which and the candidate in whose support they were incurred, and

(b)the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred.

but this subsection does not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.

(3)The return and declaration under the foregoing provisions of this section shall be in the prescribed form, and the authority received from the election agent shall be annexed to and deemed to form part of the return.

[F74(4)A copy of every return and declaration made under subsection (2) above in relation to a parliamentary election in England, Wales or Northern Ireland must be sent to the relevant officer within 21 days after the day on which the result of the election is declared by the person making the return or declaration.

(4A)The relevant officer is—

(a)in relation to England and Wales, the returning officer;

(b)in relation to Northern Ireland, the Clerk of the Crown for Northern Ireland.

(4B)The returning officer must forward to the relevant registration officer (within the meaning of rule 55 of the parliamentary elections rules) every document sent to him in pursuance of subsection (4) above.

(4C)Rule 57 of those rules applies to any documents sent under this section to—

(a)the relevant registration officer, or

(b)the Clerk of the Crown for Northern Ireland.]

(5)If a person—

(a)incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this section, or

(b)knowingly makes the declaration required by subsection (2) falsely,

he shall be guilty of a corrupt practice; and if a person fails to [F75deliver or] send any declaration or return or a copy of it as required by this section he shall be guilty of an illegal practice, but—

(i)the court before whom a person is convicted under this subsection may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and

(ii)a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this subsection committed by an agent without his consent or connivance.

(6)Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, 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 deemed to be guilty of that offence, unless he proves—

(a)that the act or omission took place without his consent or connivance; and

(b)that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

[F76(7)For the purposes of this section, in the case of an election of the London members of the London Assembly at an ordinary election, a candidate’s registered political party is the registered political party (if any) which submitted for the purposes of that election a list of candidates on which the candidate in question is included.]

[F77(8)For the purposes of subsection (1), expenditure incurred before the date when a person becomes a candidate at the election is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.]

[F78(11)This section does not apply in relation to a local government election in Scotland.]

[F7975ZAReturn of permitted expenditure: power to require returnU.K.

(1)The returning officer or the Electoral Commission may, at any time during the period of 6 months beginning with the date of the poll at a parliamentary election, request a relevant person to deliver to the officer or Commission a return of permitted expenditure in relation to a candidate at the election who is specified in the request.

(2)“Relevant person” means a person who—

(a)is not required to deliver a return under section 75(2) in relation to the candidate, and

(b)is not the candidate, the candidate's election agent, or a person engaged or employed for payment or promise of payment by the candidate or the candidate's election agent.

(3)“Return of permitted expenditure” means a return—

(a)showing all permitted expenses incurred by the person in relation to the candidate, or

(b)stating that the person incurred no such expenses or that the total such expenses incurred by the person was £200 or less.

(4)“Permitted expense”, in relation to a candidate, means an expense incurred by the person in respect of the candidate which, if the person had been required to deliver a return under section 75(2) in relation to the candidate, would have been required to be included in that return.]

[F7975ZBReturn of permitted expenditure: compliance and sanctionsU.K.

(1)A person must comply with a request under section 75ZA(1) within the period of 21 days beginning with the day on which the request is received.

(2)A return of permitted expenditure must be accompanied by a declaration made by the person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body)—

(a)verifying the return, and

(b)in the case of a return of the kind mentioned in section 75ZA(3)(a), giving particulars of the matters for which the expenses were incurred.

(3)A person who fails to deliver a return or declaration in accordance with this section is guilty of an illegal practice.

(4)A person who knowingly makes a false declaration under subsection (2) is guilty of a corrupt practice.

(5)The court before whom a person is convicted under subsection (3) or (4) may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173.

(6)Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, 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 deemed to be guilty of that offence, unless he proves—

(a)that the act or omission took place without his consent or connivance, and

(b)that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.]

[F8075AScottish local government elections: prohibition of expenses not authorised by election agentU.K.

(1)This section applies in relation to a local government election in Scotland.

(2)No person other than a candidate at the election, his election agent or a person authorised in writing by the election agent shall, with a view to promoting or procuring the election of the candidate, incur any expenses on account of—

(a)holding public meetings or organising any public display;

(b)issuing advertisements, circulars or publications; or

(c)otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate.

(3)Subsection (2)(c) above does not restrict the publication of any matter relating to the election in—

(a)a newspaper or other periodical;

(b)a broadcast made by the British Broadcasting Corporation; or

(c)a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 (c. 42) or Part 1 or 2 of the Broadcasting Act 1996 (c. 55).

(4)Subsection (2) does not apply to expenses incurred by any person—

(a)which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action); or

(b)in travelling or in living away from home or similar personal expenses.

(5)For the purposes of subsection (4)(a) above—

(a)“the permitted sum” means, in respect of each candidate, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election; and

(b)expenses are to be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding subsection (4)(a)) fall within subsection (2) above.

(6)Where a person incurs any expenses required by subsection (2) above to be authorised by the election agent, that person shall, within 21 days after the day on which the result of the election is declared, deliver to the appropriate officer—

(a)a return of the amount of the expenses, stating the election at which, and the candidate in whose support they were incurred;

(b)a declaration by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred; and

(c)the authority received from the election agent (which, for the purposes of this section, is to be treated as forming part of the return).

(7)A person is guilty of a corrupt practice if he—

(a)incurs, or aids, abets, counsels or procures any other persons to incur, any expenses in contravention of subsection (2) above; or

(b)makes a declaration required by subsection (6)(b) above which he knows to be false.

(8)A person is guilty of an illegal practice if he fails to deliver any return or declaration as required by subsection (6) above.

(9)The court by or before which a person is convicted of a corrupt or illegal practice under subsection (7) or (8) above may, if the court thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity incurred under section 173 or 173A of this Act by virtue of the conviction.

(10)A candidate is not liable for, and his election is not void by reason of, a corrupt or illegal practice under subsection (7) or (8) above committed by an agent without his consent or connivance.

(11)Where any act or omission of an association or body of persons (whether corporate or unincorporate) is a corrupt or illegal practice under this section, 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, is also guilty of the corrupt or illegal practice, unless the person proves—

(a)that the act or omission took place without his consent or connivance; and

(b)that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.]

76Limitation of election expenses.E+W

[F81(1) The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.]

[F82(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, [F83any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).]]

[F84(1B)Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) [F85below] or prescribed by order under subsection (2A) [F85below], any candidate or election agent who—

(a)incurred, or authorised the incurring of, the election expenses, and

(b)knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,

shall be guilty of an illegal practice.]

(2)That maximum amount is—

(a)for a candidate at a [F86parliamentary general election, being an election]—

(i)in a county constituency, [F87£11,390] together with an additional [F8812p] for every entry in the register of electors F89. . . and

(ii)in a borough constituency, [F90£11,390] together with an additional [F918p] for every entry in the register of electors F92. . .

[F93(aa)for a candidate at a parliamentary by-election, [F94£180,050];]

(b)for a candidate at a local government election [F95other than an Authority election]—

F96(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F98(ib)at a local government election in England, [F99£960] together with an additional [F1008p] for every entry in the register of electors;]

[F101(ic)at a local government election in Wales, £806 together with an additional 7p for every entry in the register of electors;]

(ii)at any other local government election, [F102£740] together with an additional [F1036p] for every entry in the register of electors F92. . ..

[F104(2A)As respects Authority elections, each of the following, that is to say—

(a)the maximum amount for a candidate in an election of the Mayor of London,

(b)the maximum amount for a candidate in an election of a constituency member of the London Assembly,

(c)the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,

(d)the maximum amount for the purposes of subsection (1A) above,

shall be such as the Secretary of State may prescribe in an order made by statutory instrument.

(2B)An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.]

F105(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F106(4)In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.]

(5)The maximum amount mentioned above for a candidate at a parliamentary election [F107or an Authority election (including the maximum amount for the purposes of subsection (1A) above)] [F108or a local government election in England or Wales] is not required to cover the candidate’s personal expenses.

(6)Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.

76Limitation of election expenses.S

[F81(1) The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.]

[F82(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, [F83any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).]]

[F84(1B)Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) [F85below] or prescribed by order under subsection (2A) [F85below] , any candidate or election agent who—

(a)incurred, or authorised the incurring of, the election expenses, and

(b)knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,

shall be guilty of an illegal practice.]

(2)That maximum amount is—

(a)for a candidate at a [F86parliamentary general election, being an election]—

(i)in a county constituency, [F87£11,390] together with an additional [F8812p] for every entry in the register of electors F89. . . and

(ii)in a borough constituency, [F90£11,390] together with an additional [F918p] for every entry in the register of electors F92. . .

[F93(aa)for a candidate at a parliamentary by-election, [F94£180,050];]

(b)for a candidate at a local government election [F95other than an Authority election]—

F96(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)at any other local government election, [F270£806] together with an additional [F2717p] for every entry in the register of electors F92... .

[F104(2A)As respects Authority elections, each of the following, that is to say—

(a)the maximum amount for a candidate in an election of the Mayor of London,

(b)the maximum amount for a candidate in an election of a constituency member of the London Assembly,

(c)the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,

(d)the maximum amount for the purposes of subsection (1A) above,

shall be such as the Secretary of State may prescribe in an order made by statutory instrument.

(2B)An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.]

F105(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F106(4)In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.]

(5)The maximum amount mentioned above for a candidate at a parliamentary election [F107or an Authority election (including the maximum amount for the purposes of subsection (1A) above)] [F108or a local government election in England or Wales] is not required to cover the candidate’s personal expenses.

[F272(5A)The maximum amount mentioned above for a candidate at a local government election in Scotland is not required to cover—

(a)the candidate’s personal expenses;

(b)expenses that are reasonably attributable to the candidate having a physical or mental impairment that has a substantial and long-term adverse effect on the candidate’s ability to carry out normal day-to-day activities.

[F273(c)reasonable expenses incurred that are reasonably attributable to an individual’s disability,

(d)reasonable expenses incurred in providing for the protection of persons or property at rallies or other public events,

(e)reasonable expenses incurred that are reasonably attributable to the translation of anything into another language.]]

(6)Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.

76Limitation of election expenses.N.I.

[F81(1) The election expenses incurred by or on behalf of a candidate at an election must not in the aggregate exceed the maximum amount specified in subsection (2) below or, in the case of any of the Authority elections mentioned in subsection (2A)(a) to (c) below, the maximum amount prescribed by order under that subsection.]

[F82(1A)Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, [F83any election expenses incurred by or on behalf of any of those candidates must not in the aggregate exceed the maximum amount prescribed by order under subsection (2A)(d).]]

[F84(1B)Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) [F85below] or prescribed by order under subsection (2A) [F85below], any candidate or election agent who—

(a)incurred, or authorised the incurring of, the election expenses, and

(b)knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,

shall be guilty of an illegal practice.]

(2)That maximum amount is—

(a)for a candidate at a [F86parliamentary general election, being an election]—

(i)in a county constituency, [F87£11,390] together with an additional [F8812p for every entry in the register of electors F89. . . and

(ii)in a borough constituency, [F90£11,390] together with an additional [F918p] for every entry in the register of electors F92. . .

[F93(aa)for a candidate at a parliamentary by-election, [F94£180,050];]

(b)for a candidate at a local government election [F95other than an Authority election]—

F96(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)at any other local government election, [F274£219] together with an additional [F2744.3p] for every entry in the register of electors F92. . ..

[F104(2A)As respects Authority elections, each of the following, that is to say—

(a)the maximum amount for a candidate in an election of the Mayor of London,

(b)the maximum amount for a candidate in an election of a constituency member of the London Assembly,

(c)the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,

(d)the maximum amount for the purposes of subsection (1A) above,

shall be such as the Secretary of State may prescribe in an order made by statutory instrument.

(2B)An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.]

F105(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F106(4)In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election.]

(5)The maximum amount mentioned above for a candidate at a parliamentary election [F107or an Authority election (including the maximum amount for the purposes of subsection (1A) above)] [F108or a local government election in England or Wales] is not required to cover the candidate’s personal expenses.

(6)Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.]

[F10976ZALimitation of pre-candidacy election expenses for certain general electionsU.K.

(1)This section applies where—

(a)a Parliament is not dissolved until after the period of 55 months beginning with the day on which that Parliament first met (“the 55-month period”),

(b)election expenses are incurred by or on behalf of a candidate at the parliamentary general election which follows the dissolution, and

(c)the expenses are incurred in respect of a matter which is used during the period beginning immediately after the 55-month period and ending with the day on which the person becomes a candidate at that election.

For the purposes of this section, section 90ZA(1) has effect with the omission of the words “after the date when he becomes a candidate at the election”.

(2)Election expenses incurred as mentioned in subsection (1) must not in the aggregate exceed the permitted amount, which is the relevant percentage of the following sum—

(a)for a candidate at an election in a county constituency, [F110£40,220] plus [F11112p] for every entry in the register of electors;

(b)for a candidate at an election in a borough constituency, [F112£40,220] plus [F1138p] for every entry in the register of electors.

(3)The relevant percentage is—

(a)100% where the dissolution was during F114... the 60th month of the Parliament;

(b)90% where the dissolution was during its 59th month;

(c)80% where the dissolution was during its 58th month;

(d)70% where the dissolution was during its 57th month;

(e)60% where the dissolution was during its 56th month.

For the purposes of this subsection, the “56th month” of a Parliament is the month beginning immediately after the 55-month period; and so on.

(4)In subsection (2) above “the register of electors” means the register of parliamentary electors for the constituency in question as it has effect on the last day for publication of notice of the election.

(5)Where election expenses are incurred as mentioned in subsection (1) in excess of the permitted amount, any candidate or election agent who—

(a)incurred, or authorised the incurring of, the election expenses, and

(b)knew or ought reasonably to have known that the expenses would be incurred in excess of that amount,

shall be guilty of an illegal practice.

(6)The candidate's personal expenses do not count towards the permitted amount.]

[F11576A Power to vary provisions about election expenses.U.K.

(1)The Secretary of State may by order made by statutory instrument vary any of the sums to which this section applies—

(a)where he considers that the variation is expedient in consequence of changes in the value of money, or

(b)in order to give effect to a recommendation of the Electoral Commission.

(2)This section applies to any of the sums for the time being specified in—

(a)section 73(2) above;

(b)section 74(1)(a), (b), (c) or (d) above;

(c)section 75(1ZA) above; F116. . .

[F117(ca)section 75A(5) above; or]

(d)section 76(2) above.

[F118(e)section 76ZA(2) above.]

(3)An order under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

77 Expenses limit for joint candidates at local election.U.K.

(1)Where there are two or more joint candidates at a local government election [F119other than an Authority election] the maximum amount mentioned in section 76 above shall, for each of those joint candidates, be reduced by a quarter or, if there are more than two joint candidates, by one-third.

(2)Where two or more candidates appoint the same election agent, or by themselves or any agent or agents—

(a)employ or use the services of the same clerks or messengers at the election, or

(b)hire or use the same committee rooms for the election, or

(c)publish a joint address, circular or notice at the election,

those candidates shall for the purposes of this section be deemed to be joint candidates; but—

(i)the employment and use of the same clerk, messenger or committee room, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates;

(ii)nothing in this subsection shall prevent candidates from ceasing to be joint candidates.

(3)Where—

(a)any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate,

(b)the change was made in good faith,

(c)the excess is not more than under the circumstances is reasonable, and

(d)the total election expenses of the candidate do not exceed the maximum amount allowed for a separate candidate,

the excess shall be deemed to have arisen from a reasonable cause for the purposes of section 167 below.

78 Time for sending in and paying claims.U.K.

(1)Every claim against a candidate or his election agent in respect of election expenses which is not sent in to the election agent [F120not later than] [F12121 days] after the day on which the result of the election is declared shall be barred and not paid.

(2)All election expenses shall be paid [F120not later than] 28 days after that day.

(3)An election agent who pays a claim in contravention of subsection (1) or makes a payment in contravention of subsection (2) above shall be guilty of an illegal practice; but where the election court reports that it has been proved to the court by the candidate that any payment was made by an election agent without the sanction or connivance of the candidate—

(a)the candidate’s election shall not be void, nor

(b)shall he be subject to any incapacity under this Act by reason only of that payment having been made in contravention of this section.

(4)The claimant or the candidate or his election agent may apply to the High Court or to [F122the county court] for leave to pay a claim for any election expenses, although sent in after that period of [F12121 days] or although sent in to the candidate and not to the election agent, and the court on cause shown to their satisfaction may by order grant the leave.

In relation to an application in respect of expenses for a local government election in Scotland the reference in this subsection to the High Court shall be omitted.

(5)Any sum specified in the order of leave may be paid by the candidate or his election agent and when paid in pursuance of the leave shall not be deemed to be in contravention of subsection (2) above.

F123(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124(7)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 (4) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.]

79 Disputed claims.U.K.

(1)If the election agent disputes any claim sent in to him within the period of [F12521 days] mentioned in section 78 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

(2)The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court, and any sum paid by the candidate or his agent in pursuance of the judgment or order of the court shall nor be deemed to be in contravention of section 73(1) above or of section 78(2).

F126(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsections (4) to (7) of section 78 apply in relation to a disputed claim as they apply in relation to a claim for election expenses sent in after that period of [F12521 days].

80 Election agent’s claim.U.K.

So far as circumstances admit, this Act applies to an election agent’s claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Act and be dealt with accordingly.

81 Return as to election expenses.U.K.

(1)Within 35 days after the day on which the result of the election is declared, the election agent of every candidate at the election shall [F127deliver] to the appropriate officer a true return [F128containing as respects that candidate—.

(a)a statement of all election expenses incurred by or on behalf of the candidate; and

(b)a statement of all payments made by the election agent together with all bills or receipts relating to the payments.]

[F129(1A)Subsection (1) above—

(a)in its application in relation to an election of the Mayor of London, shall have effect with the substitution for “35 days” of “70 days”; and

(b)in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for “35 days after the day on which the result of the election is declared” of “70 days after the day on which the last of the successful candidates at the election is declared to be returned.”]

[F130(2)A return under this section must—

(a)specify the poll by virtue of which the return is required;

(b)specify the name of the candidate to whom the return relates and of the candidate’s election agent; and

(c)deal under a separate heading with any expenses in respect of which a return is required by virtue of section 75(2) [F131or 75A(6)] above.]

(3)[F132The return shall also contain as respects that candidate—

[F133(a)a statement of all payments made—

(i)by the candidate in accordance with section 74(1) or (1B) above, or

(ii)by any other person in accordance with section 74(3) above,

together with all bills or receipts relating to any such payments made in accordance with section 74(1B) or 74(3);]

(b)a statement of all disputed claims of which the election agent is aware;

(c)a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;

[F134(d)any declarations of value falling to be made by the candidate’s election agent by virtue of section 74A(2) above or 90C(2) below;

(da)a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 90A(5)(b) below;

(e)a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to this Act; and

(f)a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf.]]

[F135(3A)The return shall also contain as respects that candidate—

(a)a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations;

(b)a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide;

(c)a statement relating to such other matters as is prescribed.]

[F136(3B)In the application of paragraph (c) of subsection (3A) in relation to a local government election in Scotland, any regulations under that paragraph are to be made by the Scottish Ministers and such regulations are subject to the affirmative procedure.]

F137(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where after the date at which the return as to election expenses is [F138delivered], leave is given by the court under section 78(4) above for any claim to be paid, the candidate or his election agent shall, within seven days after its payment, [F127deliver] to the appropriate officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave, and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as is mentioned in section 86 below.

[F139(6)Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.

(7)The return which the election agent is required to deliver under subsection (1) above—

(a)shall be in respect of all those candidates; F140. . .

F140(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

(8)If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.

(9)The statements which the return is required to contain by virtue of [F141subsection (3A)] above in respect of the matters there mentioned shall be a separate statement [F142of each such matter] as respects each of the candidates in question.

(10)If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.

[F143(10A)The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any (or any description of) return required by this section.]

F144(10B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

82 Declarations as to election expenses.U.K.

(1)The return [F146delivered] under section 81(1) above shall be accompanied by a declaration made by the election agent in [F147the appropriate form].

(2)At the same time that the election agent [F148delivers] that return, or within seven days afterwards, the candidate shall [F148deliver] to the appropriate officer a declaration made by him in [F149the appropriate form].

[F150(2A)For the purposes of subsections (1) and (2) above, “the appropriate form”—

(a)in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;

(b)in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and

(c)in any other case, is the form in Schedule 3 to this Act.]

(3)Where the candidate is out of the United Kingdom when the return is so [F146delivered]—

(a)the declaration required by subsection (2) above may be made by him within 14 days after his return to the United Kingdom, and

(b)in that case, the declaration shall be forthwith [F146delivered] to the appropriate officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Act relating to the return and declaration as to election expenses.

F151(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where the candidate is his own election agent, the declaration by an election agent as to election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form in Schedule 3.

[F152(5A)Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.]

(6)If a candidate or election agent knowingly makes the declaration required by this section falsely, he shall be guilty of a corrupt practice.

83 Where no return and declarations needed at parliamentary elections.U.K.

Notwithstanding anything in sections 81 and 82 above, no return or declaration as to election expenses shall be required in the case of a person—

(a)who is a candidate at a parliamentary election, but is so only because he has been declared by others to be a candidate; and

(b)who has not consented to the declaration or taken any part as a candidate in the election.

84 Penalty for failure as respects return or declarations.U.K.

Subject to the provisions of section 86 below, if a candidate or election agent fails to comply with the requirements of section 81 or section 82 above he shall be guilty of an illegal practice.

85 Penalty for sitting or voting where no return and declarations transmitted.U.K.

(1)If, in the case of any candidate, the return and declarations as to election expenses are not [F153delivered] before the expiry of the time limited for the purpose, that candidate shall not, after the expiry of that time, sit or vote in the House of Commons as member for the constituency for which the election was held until—

(a)either that return and those declarations have been [F153delivered], or

(b)the date of the allowance of an authorised excuse for the failure to [F153deliver] that return and those declarations,

and if he sits or votes in contravention of this subsection he shall forfeit £100 for every day on which he so sits or votes.

(2)In the application of subsection (1) above to a candidate at a local government election—

(a)the reference to sitting or voting in the House of Commons for the constituency for which the election was held shall be taken as a reference to sitting or voting in the council for the local government area for which the election was held; and

(b)£50 shall be substituted for £100 and, instead of civil proceedings for a penalty, summary proceedings may be instituted under the M1Magistrates’ Courts Act 1980, or, in Scotland, in the sheriff court, and the person charged shall be liable on conviction to a fine not exceeding the amount of the penalty which would be recoverable in civil proceedings.

[F154(2A)As respects Authority elections—

(a)subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);

(b)in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and

(c)in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.]

[F155(3)Civil proceedings for a penalty under this section shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.]

(4)For the purposes of subsection (3) above—

(a)where the service or execution of the [F156legal process]on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of a [F156legal process] shall be deemed to be a commencement of a proceeding; but,

(b)where paragraph (a) does not apply, the service or execution of the [F156legal process] on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.

(5)Subsections (3) and (4) above do not apply in Scotland.