The Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024

Transitional provision for ongoing Authority and local authority mayoral elections

6.—(1) This regulation applies where a person becomes a candidate(1) before the commencement date for an Authority election(2) or a local authority mayoral election for which the day of poll is on or after the commencement date.

(2) Where this regulation applies, for the purposes of section 76 of the Representation of the People Act 1983 (including that section as applied by, and as it has effect for the purposes of, regulation 3 and Schedule 2 to the 2007 Regulations) the “maximum amount” is the new limit, but election expenses(3) incurred by or on behalf of the candidate before the commencement date must not exceed the pre-existing limit.

(3) In this regulation—

“the 2007 Regulations” means the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007;

“the commencement date” means the date on which these Regulations come into force;

“expenses limit” means the maximum amount of election expenses specified (as the case may be)—

(a)

in article 3 of the Greater London Authority Elections (Expenses) Order 2000, or

(b)

in section 76 of the Representation of the People Act 1983, as modified by Schedule 2 to the 2007 Regulations;

“local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000(4);

“new limit” means the expenses limit as amended by regulation 2 or 3;

“pre-existing limit” means the expenses limit as it has effect immediately before the commencement date.

(1)

See section 118A of the Representation of the People Act 1983 (c. 2) for the meaning of “candidate”.

(2)

See section 203(1) of the Representation of the People Act 1983 for the meaning of “Authority election”.

(3)

See section 90ZA of the Representation of the People Act 1983, including as modified by section 90D of that Act, for the meaning of “election expenses”.

(4)

Section 9H was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 (c. 20).