Representation of the People Act 1983

76 Limitation of election expenses. U.K.

(1) No sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount specified in this section, [F1 or, as respects an Authority election, under subsection (2A)(a), (b) or (c) below] and a candidate or election agent knowingly acting in contravention of this subsection shall be guilty of an illegal practice.

[F2 (1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (1) above shall not have effect in relation to any of those candidates or his election agent; but—

(a) any sums paid or expenses incurred as mentioned in that subsection by any of those candidates or the election agent must not in the aggregate exceed the maximum amount [F3 specified under subsection (2A)(d) below]; and

(b) a candidate or election agent who knowingly acts in contravention of this subsection shall be guilty of an illegal practice.]

(2) That maximum amount is—

(a) for a candidate at a [F4 parliamentary general election, being an election]—

(i) in a county constituency, [F5 £4,965]together with an additional [F5 5.6p]for every entry in the register of electors [. . . and]

(ii) in a borough constituency, [F6 £4,965] together with an additional [F6 4.2p]for every entry in the register of electors. . .

[F7 (aa) for a candidate at a parliamentary by-election—

(i) in a county constituency, [F8 £19,863] together with an additional [F8 22.2p] for every entry in the register of electors to be used at the election (as first published); and

(ii) in a borough constituency, [F9 £19,863]together with an additional [F9 16.9p] for every entry in the register of electors to be used at the election (as first published);]

(b) for a candidate at a local government election [F10 other than an Authority election]—

(i)

[F11 F12 (ia)]

F13 (ii) at any other local government election, [F14 £219]together with an additional [F14 4.3p]for every entry in the register of electorsto be used at the election (as first published).

[F15 (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.]

(3)

F16 (4) If the register to be used at the election is not published before the day of publication of the notice of election then for any reference in subsection (2) above to an entry in that register there shall be substituted a reference to an entry in the electors lists for that register as first published which gives the name of a person appearing from those lists to be entitled to be registered..

(5) The maximum amount mentioned above for a candidate at a parliamentary election [F17 or an Authority election (including the maximum amount for the purposes of subsection (1A) above)]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.

Textual Amendments

F1 Words in s. 76(1) inserted (27.5.2000) by S.I. 2000/1435, art. 2 Sch. 1 Pt. II para. 12(2)(a)

F2 S. 76(1A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 20(2); S.I. 1999/3376, art. 2

F3 Words in s. 76(1A)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2 Sch. 1 Pt. II para. 12(2)(b)

F4 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(a)

F5 Words in s. 76(2)(a)(i) substituted (15.4.1997) by S.I. 1997/879, art. 2

F6 Words in s. 76(2)(a)(ii) substituted (15.4.1997) by S.I. 1997/879, art. 3

F7 S. 76(2)(aa) inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(b)

F8 Words in s. 76(2)(aa)(i) substituted (15.4.1997) by S.I. 1997/879, art. 4

F9 Words in s. 76(2)(aa)(ii) substituted (15.4.1997) by S.I. 1997/879, art. 5

F10 Words in s. 76(2)(b) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3, para. 20(3); S.I. 1999/3376, art. 2

F11 S. 76(2)(b)(ia) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(8)

F12 S. 76(2)(b)(i) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F13 S. 76(2)(b)(ia) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F14 Words in s. 76(2)(b)(ii) substituted (15.4.1997) by S.I. 1997/879, art. 6

F15 S. 76(2A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 20(4); S.I. 1999/3376, art. 2

F16 S. 76(3) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 25, Sch. 5

F17 Words in s. 76(5) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 20(5); S.I 1999/3376, art 2

Modifications etc. (not altering text)

C1 S. 76 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 76 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 76 modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 20(5)

C4 S. 76 amended (17.3.2000) by S.I. 2000/789, art. 2

C5 S. 76 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1