Electoral Law Act (Northern Ireland) 1962

46 [F1 return as to election expenses] N.I.

(1) Within thirty-five days after the day on which the result of the election is declared, the election agent of every candidate at [F2 an election] shall transmit to the returning officer a true return F3 . . . containing as respects [F4 that candidate—

(a) a statement of all payments made by the election agent together with all the relevant bills or receipts; and

(b) a statement of all the election expenses incurred by or on behalf of that candidate.]

[F5 (2) A return under this section must—

(a) specify the poll by virtue of which the return is required;

(b) specify the candidate's name and the election agent's name;

(c) deal under a separate heading with any expenses in respect of which a return is required by virtue of section 41(5); and

(d) deal under a separate heading with any expenses that are on account of remuneration or expenses of speakers at public meetings.

(3) The return must also contain as respects that candidate—

(a) a statement of all payments made—

(i) by the candidate in accordance with section 40(1) or (1A), or

(ii) by any other person in accordance with section 40(2),

together with all bills or receipts relating to any such payments made in accordance with section 40(1A) or (2);

(b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;

(d) any declarations of value falling to be made by the candidate's election agent by virtue of section 40A(2) or 52B(2);

(e) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of section 52A(5);

(f) a statement of donations made to the candidate or the candidate's election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 3A; and

(g) a statement of the amount, if any, of money provided by the candidate from the candidate's own resources for the purpose of meeting election expenses incurred by the candidate or on his or her own behalf.]

(5) Where after the date at which the return as to election expenses is transmitted, leave is given by the court under sub-section (3) of section forty-three for any claims to be paid, the candidate or his election agent shall, within seven days after the payment thereof, transmit to the returning officer a return of the sums paid in pursuance of the leave, accompanied by a copy of the order of the court giving the leave; and in default he shall be deemed to have failed to comply with the requirements of this section without such authorised excuse as is mentioned in section forty-nine.

(6) Notwithstanding anything in this section or in section forty-seven, no return or declaration as to election expenses shall be required in the case of a person—

(a) who is a candidate at an election but is so only because he has been declared by others to be a candidate; and

(b) who has not consented to the declaration or taken any part as a candidate in the election.

[F6 (7) At a local election, subsections (1) and (5) shall have effect as if for the word transmit in each place where it occurs there were substituted deliver and for the word transmitted in subsection (5) there were substituted delivered.]

F1 S. 46 heading substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(2) (with art. 1(3))

F2 1972 NI 13

F3 Words in s. 46(1) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(3)(a) (with art. 1(3))

F4 Words in s. 46(1) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(3)(b) (with art. 1(3))

F5 S. 46(2)(3) substituted (16.12.2010) for s. 46(2)-(4) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 13(4) (with art. 1(3))

F6 SI 1987/168