Representation of the People Act 1983

76 Limitation of election expenses. E+W

[F1 (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.]

[F2 (1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, [F3 any 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).]]

[F4 (1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) [F5 below] or prescribed by order under subsection (2A) [F5 below], 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 [F6 parliamentary general election, being an election]—

(i) in a county constituency, [F7 £8,700] together with an additional [F8 9p] for every entry in the register of electors F9 . . . and

(ii) in a borough constituency, [F10 £8,700] together with an additional [F11 6p] for every entry in the register of electors F12 . . .

[F13 (aa) for a candidate at a parliamentary by-election, £100,000;]

(b) for a candidate at a local government election [F14 other than an Authority election]—

F15 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) at any other local government election, [F17 £740] together with an additional [F18 6p] for every entry in the register of electors F12 . . ..

[F19 (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.]

F20 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (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 [F22 or an Authority election (including the maximum amount for the purposes of subsection (1A) above)] [F23 or 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.

Extent Information

E1 This version of this provision extends to England and Wales only; separate versions have been created for Scotland and Northern Ireland only.

Textual Amendments

F1 S. 76(1) substituted (1.7.2001) by 2000 c. 41, s. 132(2)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

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) substituted (1.7.2001) by 2000 c. 41, s. 132(3)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F4 S. 76(1B) inserted (1.7.2001) by 2000 c. 41, s. 132(4)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F5 Word in s. 76(1B) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 71; S.I. 2006/1972, art. 3, Sch. 1 para. 25(a) (subject to transitional provisions in art. 4, Sch. 2)

F6 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(a)

F7 Sum in s. 76(2)(a)(i) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(1)(a)

F8 Sum in s. 76(2)(a)(i) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(1)(b)

F9 Words in s. 76(2) repealed (16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 1 para. 18(2); S.I. 2001/116, art. 2

F10 Sum in s. 76(2)(a)(ii) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(2)(a)

F11 Sum in s. 76(2)(a)(ii) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(2)(b)

F12 Words in s. 76(2) repealed (16.2.2001) by 2000 c. 2, ss. 8, 15, Sch. 1 para. 18(2); S.I. 2001/116, art. 2

F13 S. 76(2)(aa) substituted (16.2.2001) by 2000 c. 41, s. 132(5)(6); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F14 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

F15 S. 76(2)(b)(i) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F16 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) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F17 Sum in s. 76(2)(b)(ii) substituted (E.W.) (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 5(a)

F18 Sum in s. 76(2)(b)(ii) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 5(b)

F19 S. 76(2A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 20(4); S.I. 1999/3376, art. 2

F20 S. 76(3) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 25, Sch. 5

F21 S. 76(4) substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 18(3); S.I. 2001/116, art. 2

F22 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

F23 Words in s. 76(5) inserted (1.7.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 37(1), 45(1)(b)(v) (with s. 37(2)-(4)); S.I. 2014/1236, art. 2(2)(b)

Modifications etc. (not altering text)

C11 S. 76 modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 20(5)

C12 S. 76 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C13 S. 76 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C14 S. 76 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

C15 S. 76 amended (17.3.2000) by S.I. 2000/789, art. 2

C16 S. 76 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C17 S. 76 modified by Representation of the People Act 1985 (c. 50), s. 20(5) (as substituted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 16 (with s. 6))

C18 S. 76 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1

C19 S. 76(2A) applied (16.2.2001) by 2000 c. 41, s. 8(3)(a); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

76 Limitation of election expenses. S

[F1 (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.]

[F2 (1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, [F3 any 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).]]

[F4 (1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) [F5 below] or prescribed by order under subsection (2A) [F5 below] , 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 [F6 parliamentary general election, being an election]—

(i) in a county constituency, [F7 £8,700] together with an additional [F8 9p] for every entry in the register of electors . . . and

(ii) in a borough constituency, [F10 £8,700] together with an additional [F11 6p] for every entry in the register of electors . . .

[F13 (aa) for a candidate at a parliamentary by-election, £100,000;]

(b) for a candidate at a local government election [F14 other than an Authority election]—

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

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

(ii) at any other local government election, [F24 £740] together with an additional [F25 6p] for every entry in the register of electors ... .

[F19 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (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 [F22 or an Authority election (including the maximum amount for the purposes of subsection (1A) above)] [F23 or a local government election in England or Wales] is not required to cover the candidate’s personal expenses.

[F26 (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.]

(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 S. 76(1) substituted (1.7.2001) by 2000 c. 41, s. 132(2)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

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) substituted (1.7.2001) by 2000 c. 41, s. 132(3)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F4 S. 76(1B) inserted (1.7.2001) by 2000 c. 41, s. 132(4)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F5 Word in s. 76(1B) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 71; S.I. 2006/1972, art. 3, Sch. 1 para. 25(a) (subject to transitional provisions in art. 4, Sch. 2)

F6 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(a)

F7 Sum in s. 76(2)(a)(i) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(1)(a)

F8 Sum in s. 76(2)(a)(i) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(1)(b)

F10 Sum in s. 76(2)(a)(ii) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(2)(a)

F11 Sum in s. 76(2)(a)(ii) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(2)(b)

F13 S. 76(2)(aa) substituted (16.2.2001) by 2000 c. 41, s. 132(5)(6); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F14 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

F19 S. 76(2A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 20(4); S.I. 1999/3376, art. 2

F21 S. 76(4) substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 18(3); S.I. 2001/116, art. 2

F22 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

F23 Words in s. 76(5) inserted (1.7.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 37(1), 45(1)(b)(v) (with s. 37(2)-(4)); S.I. 2014/1236, art. 2(2)(b)

F24 Word in s. 76(2)(b)(ii) substituted (S.) (1.11.2016) by The Representation of the People (Variation of Limit of Candidates Local Government Election Expenses) (Scotland) Order 2016 (S.S.I. 2016/263), arts. 1(1), 2 (with art. 1(3))

F25 Sums in s. 76(2)(b)(ii) substituted (S.) (12.3.2012) by The Representation of the People (Variation of Limits of Candidates Local Government Election Expenses) (Scotland) Order 2012 (S.S.I. 2012/16), arts. 1(1), 2 (with art. 1(3))

F26 S. 76(5A) inserted (S.) (8.11.2016) by The Scottish Local Government Elections Amendment (No. 2) Order 2016 (S.S.I. 2016/354), arts. 1(1), 6 (with art. 1(2))

76 Limitation of election expenses. N.I.

[F1 (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.]

[F2 (1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, [F3 any 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).]]

[F4 (1B) Where any election expenses are incurred in excess of a maximum amount specified in subsection (2) [F5 below] or prescribed by order under subsection (2A) [F5 below], 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 [F6 parliamentary general election, being an election]—

(i) in a county constituency, [F7 £8,700] together with an additional [F8 9p] for every entry in the register of electors . . . and

(ii) in a borough constituency, [F10 £8,700] together with an additional [F11 6p] for every entry in the register of electors . . .

[F13 (aa) for a candidate at a parliamentary by-election, £100,000;]

(b) for a candidate at a local government election [F14 other than an Authority election]—

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

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

(ii) at any other local government election, [F27 £219] together with an additional [F27 4.3p] for every entry in the register of electors . . ..

[F19 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (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 [F22 or an Authority election (including the maximum amount for the purposes of subsection (1A) above)] [F23 or 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.

Textual Amendments

F1 S. 76(1) substituted (1.7.2001) by 2000 c. 41, s. 132(2)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

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) substituted (1.7.2001) by 2000 c. 41, s. 132(3)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F4 S. 76(1B) inserted (1.7.2001) by 2000 c. 41, s. 132(4)(6) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F5 Word in s. 76(1B) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 71; S.I. 2006/1972, art. 3, Sch. 1 para. 25(a) (subject to transitional provisions in art. 4, Sch. 2)

F6 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(a)

F7 Sum in s. 76(2)(a)(i) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(1)(a)

F8 Sum in s. 76(2)(a)(i) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(1)(b)

F10 Sum in s. 76(2)(a)(ii) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(2)(a)

F11 Sum in s. 76(2)(a)(ii) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 4(2)(b)

F13 S. 76(2)(aa) substituted (16.2.2001) by 2000 c. 41, s. 132(5)(6); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F14 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

F19 S. 76(2A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 20(4); S.I. 1999/3376, art. 2

F21 S. 76(4) substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 1 para. 18(3); S.I. 2001/116, art. 2

F22 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

F23 Words in s. 76(5) inserted (1.7.2014) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 37(1), 45(1)(b)(v) (with s. 37(2)-(4)); S.I. 2014/1236, art. 2(2)(b)

F27 Word in s. 76(2)(b)(ii) substituted (15.4.1997) by S.I. 1997/879, art. 6