Electoral Law Act (Northern Ireland) 1962

42 [F1 Limitation of election expenses] N.I.

(1) No sum shall be paid and no expense shall be incurred by a candidate at [F2 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, which [F2 for a candidate at a parliamentary election is an amount equal to two-and-a-half new pence for each parliamentary elector on the[F3 current register [F4 . This subsection does not apply at a local election.]

[F5 (1ZA) The election expenses incurred by or on behalf of a candidate at a local election must not in the aggregate exceed the maximum amount specified in subsection (1ZB).

(1ZB) The maximum amount is £600 together with 5p for every entry in the register of electors.]

[F6 (1A) In subsection [F7 (1ZA)] the register of electors means the register of local electors for the district electoral area in question as it has effect on the last day for publication of notice of the election.]

(2) The said maximum amount [F8 for a candidate at a parliamentary election] shall not be required to cover—

(a) any personal expenses incurred by the candidate; or

(b) the fee, if any, paid by a candidate to his election agent—

(i) in a county constituency, to an amount not exceeding seventy-five pounds;

(ii) in a borough constituency or the university constituency, to an amount not exceeding fifty pounds.

(3) Where there are two or more joint candidates the maximum amount of expenses —

[F3 (a)] [F3 at a parliamentary election] shall be the amount produced by multiplying by one-and-a-half the amount applicable under sub-section (1) to a separate candidate and dividing the result by the number of joint candidates;[F3 and]

[F3 (b)] [F3 at a local election shall, for each of twoF9 . . . joint candidates, be reduced by one-fourth or, if there are more than two joint candidates, by one-third.]

(4) Where two or more candidates appoint the same election agent or by themselves or any agent or agents—

(a) employ or use the services of the same polling agents, clerks or messengers at the election; or

(b) hire or use the same committee rooms for the election; or

(c) publish a joint address or joint circular or notice at the election;

those candidates shall be deemed to be joint candidates:

Provided that the employment and use of the same polling agent, clerk, messenger or committee room, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates.

(5) Nothing in sub-section (4) shall prevent candidates from ceasing to be joint candidates; but such a cesser shall take effect only when the returning officer receives a notice, signed by each joint candidate, of his intention to become a separate candidate, and notifying the name and address of the election agent appointed by him as such separate candidate.

(6) Where—

(a) any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candidate, or to his having become a joint candidate after having begun to conduct his election as a separate candidate;

(b) the change was made in good faith;

(c) the excess is not more than what under the circumstances is reasonable; and

(d) the total election expenses of the candidate do not exceed the maximum amount allowed for a separate candidate;

the excess shall be deemed to have arisen from a reasonable cause for the purposes of section one hundred and seven.

[F10 (7) Where at a local 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 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 any change in timing.]]

F1 S. 42 heading substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(2) (with art. 1(3))

F2 1972 NI 13

F3 SI 1985/454

F4 Words in s. 42(1) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(3) (with art. 1(3))

F5 S. 42(1ZA)(1ZB) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(4) (with art. 1(3))

F6 SI 2001/417

F7 Word in s. 42(1A) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(5) (with art. 1(3))

F8 1972 NI 13

F9 SI 1990/595

F10 S. 42(7) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 11(6) (with art. 1(3))