Representation of the People Act 1983

73 Payment of expenses through election agent. U.K.

[F1 (1) Subject to subsection (5) below, no payment (of whatever nature) shall be made by—

(a) a candidate at an election, or

(b) any other person,

in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.]

(2) Every payment made by an election agent in respect of any election expenses shall, except where less than [F2 £20], be vouched for by a bill stating the particulars [F3 or by a receipt].

(3) The references in the foregoing provisions of this section to an election agent shall, in relation to a parliamentary [F4 or Authority] election where subagents are allowed, be taken as references to the election agent acting by himself or a sub-agent.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (5) This section does not apply to—

(a) any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate;

(b) any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision;

(c) any expenses included in a declaration made by the election agent under section 74A below; F7 ...

[F8 (ca) any expenses incurred, otherwise than in relation to an election in Wales under the local government Act, on account of any matter falling within section 75(1) by a person authorised as mentioned in that provision; or]

(d) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of [F9 section 90ZA(5)] below.]

(6) A person who makes [F10 any payment (of whatever nature)] in contravention of subsection (1) above F11 ... shall be guilty of an illegal practice.

Textual Amendments

F1 S. 73(1) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 3(2) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F2 "£20" substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 14(1)

F3 Words in s. 73(2) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 3(3) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F4 Words in s. 73(3) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 1, 17 S.I. 1999/3376

F5 S. 73(4) repealed (1.7.2001) by 2000 c. 41, ss. 138(1)(2), 158(2)(3), Sch. 18 para. 3(4), Sch. 22 (with S. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F6 S. 73(5) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 3(5) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F7 Word in s. 73(5)(c) omitted (24.11.2022) by virtue of Elections Act 2022 (c. 37), ss. 22(1)(a), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(2))

F8 S. 73(5)(ca) inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 22(1)(b), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(2))

F9 Words in s. 73(5)(d) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 111 (with Sch. 1 para. 133); S.I. 2006/1972, art. 3, Sch. 1 para. 25(c) (subject to transitional provisions in art. 4, Sch. 2)

F10 Words in s. 73(6) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 3(6)(a) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F11 Words in s. 73(6) repealed (1.7.2001) by 2000 c. 41, ss. 138(1)(2), 158(2)(3), Sch. 18 para. 3(6)(b), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C1 S. 73 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 73 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 73 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)

C4 Ss. 73-90D restricted (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 7(2) (with reg. 7(8))

C5 S. 73(5)(d) modified (S.) (prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 paras. 3, 13