SCHEDULES
SCHEDULE 10 Limits on controlled expenditure
Part I Introductory
Interpretation
I11
1
In this Schedule—
a
“an ordinary general election to the Scottish Parliament” means an election held under section 2 of the M1Scotland Act 1998;
b
“an extraordinary general election to the Scottish Parliament” means an election held under section 3 of the M2Scotland Act 1998;
F2c
“an ordinary general election to the National Assembly for Wales” means an election under section 3 of the Government of Wales Act 2006;
ca
“an extraordinary general election to the National Assembly for Wales” means an election under section 5 of the Government of Wales Act 2006;
d
“an ordinary general election to the Northern Ireland Assembly” means an election held under section 31 of the M3Northern Ireland Act 1998; and
e
“an extraordinary general election to the Northern Ireland Assembly” means an election held under section 32 of the M4Northern Ireland Act 1998.
2
For the purposes of this Schedule a parliamentary general election is pending during the period—
a
b
ending with the date of the poll for that election.
F283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attribution of expenditure to different parts of the United Kingdom
I22
1
For the purposes of this Schedule controlled expenditure incurred by or on behalf of any recognised third party shall (subject to the following provisions of this paragraph) be attributed to each of England, Scotland, Wales and Northern Ireland in proportion to the number of parliamentary constituencies for the time being situated in that part of the United Kingdom.
2
Controlled expenditure whose effects are wholly or substantially confined to any particular parts or part of the United Kingdom—
a
shall be attributed to those parts in proportion to the number of parliamentary constituencies for the time being situated in those parts, or
b
shall be attributed solely to that part,
as the case may be.
3
For the purposes of sub-paragraph (2) the effects of controlled expenditure are wholly or substantially confined to any particular parts or part of the United Kingdom if they have no significant effects in any other part or parts (so that, for example, expenditure on an advertisement in a newspaper circulating in Wales is to be attributed solely to Wales if the newspaper does not circulate to any significant extent in any other part of the United Kingdom).
F333A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
References in this Schedule to controlled expenditure “in” a particular part of the United Kingdom are accordingly to controlled expenditure which is to be attributed to that part in accordance with this paragraph.
F48Attribution of expenditure to different parliamentary constituencies
2A
1
For the purposes of this Schedule controlled expenditure incurred by or on behalf of any recognised third party shall (subject to the following provisions of this paragraph) be attributed to each parliamentary constituency in equal proportions.
2
Controlled expenditure whose effects are wholly or substantially confined to any particular constituencies or constituency—
a
shall be attributed to those constituencies in equal proportions, or
b
shall be attributed solely to that constituency,
as the case may be.
3
For the purposes of sub-paragraph (2), the effects of controlled expenditure are wholly or substantially confined to any particular constituencies or constituency if they have no significant effects in any other constituency or constituencies.
4
References in this Schedule to controlled expenditure “in” a particular constituency are accordingly to controlled expenditure which is to be attributed to that constituency in accordance with this paragraph.
Part II General limits
Parliamentary general elections
I3C43
1
This paragraph imposes limits in relation to a parliamentary general election.
2
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in each of England, Scotland, Wales and Northern Ireland is—
F13a
in relation to England, 2% of the maximum campaign expenditure limit in England;
b
in relation to Scotland, £20,000 plus 2% of the maximum campaign expenditure limit in Scotland;
c
in relation to Wales, £20,000 plus 2% of the maximum campaign expenditure limit in Wales;
d
in relation to Northern Ireland, £20,000 plus 2% of the maximum campaign expenditure limit in Northern Ireland.
F242A
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in any particular parliamentary constituency is 0.05% of the total of the maximum campaign expenditure limits in England, Scotland, Wales and Northern Ireland.
3
For the purposes of this paragraph the relevant period is—
C1a
(subject to paragraph (b)) the period of 365 days ending with the date of the poll for the election;
b
where the election (“the election in question”) follows another parliamentary general election held less than 365 days previously, the period—
i
beginning with the day after the date of the poll for the earlier election, and
ii
ending with the date of the poll for the election in question.
F51...
Sch. 10 para. 4 and cross-heading repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
F514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General elections to Scottish Parliament
I45
1
This paragraph imposes limits in relation to an ordinary or extraordinary general election to the Scottish Parliament.
2
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Scotland is £75,800.
3
In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
4
In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
a
the date of the poll is that determined by section 2(2) of the M5Scotland Act 1998; or
b
no less than five months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is brought forward under section 2(5) of that Act; or
c
no less than four months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is postponed under section 2(5) of that Act;
but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 2(2) of the Act.
5
In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a day for the poll for the election under section 3(1) of the M6Scotland Act 1998 and ending with the date of the poll for the election.
F1General elections to the National Assembly for Wales
Sch. 10 para. 6 cross-heading substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 100(3), the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.
I56
1
This paragraph imposes limits in relation to F4an ordinary general election to the National Assembly for Wales.
2
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Wales is £30,000.
3
F5In the case of an ordinary general election“the relevant period” is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
4
In sub-paragraph (3) “the appropriate date” is the date which falls four months before the date of the poll where—
a
the date of the poll is that determined by F6section 3(1) of the Government of Wales Act 2006;
b
c
but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under F3section 3(1) of that Act.
F95
In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 5(1) of the Government of Wales Act 2006 and ending with the date of the poll for the election.
General elections to Northern Ireland Assembly
I6C2C37
1
This paragraph imposes limits in relation to an ordinary or extraordinary general election to the Northern Ireland Assembly.
2
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the relevant period in Northern Ireland is £15,300.
3
In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
4
In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
a
the date of the poll is that determined by section 31(1) and (2) of the M7Northern Ireland Act 1998; or
b
no less than five months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is brought forward under section 31(3) of that Act; or
c
no less than four months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is postponed under section 31(3) of that Act;
but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 31(1) and (2) of that Act.
5
In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 32(1) or (3) of the M8Northern Ireland Act 1998 and ending with the date of the poll for the election.
Part III Limits applying in special circumstances
F46...
Sch. 10 para. 8 and cross-heading repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
F468
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Combined limits where parliamentary election pending
I79
1
This paragraph imposes—
a
in the circumstances mentioned in sub-paragraph (2), F25limits in relation to—
i
such a pending parliamentary general election as is mentioned in that sub-paragraph, and
ii
an election, or elections, in relation to which the limit imposed by any of paragraphs F155 to 7 would otherwise apply as mentioned in that sub-paragraph; and
b
in the circumstances mentioned in sub-paragraph (5), limits in relation to—
i
two such pending parliamentary elections as are mentioned in that sub-paragraph, and
ii
an election, or elections, in relation to which the limit imposed by any of paragraphs F225 to 7 would otherwise apply as mentioned in sub-paragraph (2).
2
Where a parliamentary general election is pending during any part of the period in relation to which a limit imposed by any of paragraphs F565 to 7 would otherwise apply to controlled expenditure incurred by or on behalf of a recognised third party in a particular part of the United Kingdom—
a
neither that paragraph, nor paragraph 3, shall apply in relation to such expenditure; and
b
the F31limits imposed by this paragraph shall apply to it instead.
3
Subject to sub-paragraphs (5) to (7), the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant period for the purposes of this sub-paragraph in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
a
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
b
the limit which by virtue of paragraph F185, 6 or 7 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
F213A
Subject to sub-paragraphs (5) to (7), the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
3B
For this purpose “the relevant proportion” means—
where—
A is the number of days in the relevant period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
4
For the purposes of F34sub-paragraphs (3) to (3B) “the relevant period” is—
a
where the parliamentary general election takes place at the same time as, or later than—
F35ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;
5
Where two parliamentary general elections are pending during different parts of any such period as is mentioned in sub-paragraph (2), the limits applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant periods in England, Scotland, Wales or Northern Ireland (as the case may be) are as follows—
a
in the case of expenditure incurred in the first relevant period, the limit is the aggregate of—
i
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the first of the parliamentary general elections to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph, and
ii
the limit mentioned in sub-paragraph (3)(b) above; and
b
in the case of expenditure incurred in the second relevant period, the limit is the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the second parliamentary general election to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
F445A
Where two parliamentary general elections are pending during different parts of any such period as is mentioned in sub-paragraph (2)—
a
the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the first relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A), and
b
the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the second relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
5B
For these purposes “the relevant proportion” means—
where—
A is the number of days in the first relevant period or (as the case may be) the second relevant period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
6
For the purposes of F45sub-paragraphs (5) to (5B) “the first relevant period” is the period which—
a
begins at the beginning of the period which would, apart from this paragraph, apply for the purposes of paragraph 3 to the first of the parliamentary general elections to take place; and
7
For the purposes of F16sub-paragraphs (5) to (5B) “the second relevant period” is the period which—
a
begins on the day after the date mentioned in sub-paragraph (6)(b) above; and
Combination of limit under paragraph 9 and other limit
I810
1
This paragraph imposes F11limits where—
a
paragraph 9 would (apart from this paragraph) impose F11limits on controlled expenditure in relation to a period that would either be—
i
a relevant period for the purposes of paragraph 9(3) F19to (3B) , or
ii
a first relevant period for the purposes of paragraph 9(5) F36to (5B) ; and
b
any period (“the other controlled period”) which is the relevant period for the purposes of any of paragraphs F555 to 7, but is not a period during which the parliamentary general election is pending, either—
i
falls wholly within, or
ii
ends at any time falling within,
the period mentioned in paragraph (a).
2
In such a case—
a
the F41limits imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and
b
instead the F41limits imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
3
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party during the combined period in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
a
the limit which by virtue of paragraph 9 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the period mentioned in sub-paragraph (1)(a); and
b
the limit applying, by virtue of paragraph F435, 6 or 7 (as the case may be), to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
F423A
The limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party during the combined period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
3B
For this purpose “the relevant proportion” means—
where—
A is the number of days in the combined period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
4
For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
a
the beginning of the period which is the relevant period for the purposes of paragraph F145, 6 or 7 (as the case may be), and
b
the beginning of the period mentioned in sub-paragraph (1)(a),
and ends at the end of the period mentioned in sub-paragraph (1)(a).
5
Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph F235, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.
Combination of parliamentary general election and other election, or elections, falling within F53paragraphs 5 to 7
Words in Sch. 10 para. 11 heading substituted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 4(13) (as amended by S.I. 2019/1389, regs. 1, 2(2))
I911
1
This paragraph imposes F40limits where—
a
any period (“the other controlled period”) which is the relevant period for the purposes of any of paragraphs F105 to 7 either—
i
falls wholly within, or
ii
ends at any time falling within,
the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to a parliamentary general election; and
b
paragraph 9 does not apply in connection with those elections.
C52
In such a case—
a
the F20limits imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and
b
instead the F20limits imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
3
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the combined period in England, Scotland, Wales or Northern Ireland, as the case may be, is the aggregate of—
a
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
b
the limit applying by virtue of paragraph F275, 6 or 7 (as the case may be) to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
4
Where two or more periods (“the other controlled periods”) which are relevant periods for the purposes of any of paragraphs F305 or 7—
a
fall wholly within, or
b
end at any time falling within,
the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election, sub-paragraph (3)(b) shall operate in relation to each of the limits applying in relation to those periods so as to produce two or more amounts to be added to the amount referred to in sub-paragraph (3)(a).
F524A
The limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party during the combined period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
4B
For this purpose “the relevant proportion” means—
where—
A is the number of days in the combined period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
5
For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
a
the beginning of—
i
the period which is the relevant period for the purposes of paragraph F375, 6 or 7 (as the case may be), or
ii
where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of paragraph F395 or 7 is the first to begin, and
b
the beginning of the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election,
and ends with the date of the poll for the parliamentary general election.
6
Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph F265, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.
Sch. 10 para. 2A and cross-heading inserted (30.1.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 29(5), 45(3)(b) (with s. 46(1)(2))