Elections and Elected Bodies (Wales) Act 2024

36 Restriction on which third parties may incur controlled expenditure

(1) The 2000 Act is amended as follows.

(2) After section 89A insert—

“89B Restriction on which third parties may incur controlled expenditure: Senedd Cymru elections

(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Welsh devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).

(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Welsh devolved regulated period which do not in total exceed £700.

(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4) If the third party is not an individual—

(a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

(b) the third party is also guilty of an offence.

(5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6) A “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru).”

(3) In Schedule 20 (penalties), at the appropriate place in the table insert—

“Section 89B(4) and (5) (incurring controlled expenditure in contravention of section 89AA(1))	On summary conviction in England and Wales: fine
	On indictment: fine”.