C5C7C6C8C9C10C11C12C13C15C16Part II The Election Campaign

Annotations:
Modifications etc. (not altering text)
C5

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1), Rules, 2, 6

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215), Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule 1(4), Sch. 1)

C15

Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)

Election expenses

C1C2C3C4C1478 Time for sending in and paying claims.

1

Every claim against a candidate or his election agent in respect of election expenses which is not sent in to the election agent F1not later thanF221 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 F1not 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 F5the county court for leave to pay a claim for any election expenses, although sent in after that period of F221 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.

F36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47

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.