Representation of the People Act 1983

81 Return as to election expenses. U.K.

(1) Within 35 days after the day on which the result of the election is declared, the election agent of every candidate at the election shall [F1 deliver] to the appropriate officer a true return [F2 containing as respects that candidate—.

(a) a statement of all election expenses incurred by or on behalf of the candidate; and

(b) a statement of all payments made by the election agent together with all bills or receipts relating to the payments.]

[F3 (1A) Subsection (1) above—

(a) in its application in relation to an election of the Mayor of London, shall have effect with the substitution for “35 days” of “70 days”; and

(b) in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for “35 days after the day on which the result of the election is declared” of “70 days after the day on which the last of the successful candidates at the election is declared to be returned.”]

[F4 (2) A return under this section must—

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

(b) specify the name of the candidate to whom the return relates and of the candidate’s election agent; and

(c) deal under a separate heading with any expenses in respect of which a return is required by virtue of section 75(2) [F5 or 75A(6)] above.]

(3) [F6 The return shall also contain as respects that candidate—

[F7 (a) a statement of all payments made—

(i) by the candidate in accordance with section 74(1) or (1B) above, or

(ii) by any other person in accordance with section 74(3) above,

together with all bills or receipts relating to any such payments made in accordance with section 74(1B) or 74(3);]

(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;

[F8 (d) any declarations of value falling to be made by the candidate’s election agent by virtue of section 74A(2) above or 90C(2) below;

(da) 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 90A(5)(b) below;

(e) a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 2A to this Act; and

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

[F9 (3A) The return shall also contain as respects that candidate—

(a) a statement relating to such other expenses in connection with which provision is made by this Part as the Electoral Commission provide in regulations;

(b) a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in paragraph (a) as the Electoral Commission so provide;

(c) a statement relating to such other matters as is prescribed.]

[F10 (3B) In the application of paragraph (c) of subsection (3A) in relation to a local government election in Scotland, any regulations under that paragraph are to be made by the Scottish Ministers and such regulations are subject to the affirmative procedure.]

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where after the date at which the return as to election expenses is [F12 delivered], leave is given by the court under section 78(4) above for any claim to be paid, the candidate or his election agent shall, within seven days after its payment, [F1 deliver] to the appropriate 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 86 below.

[F13 (6) Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.

(7) The return which the election agent is required to deliver under subsection (1) above—

(a) shall be in respect of all those candidates; F14 . . .

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

(8) If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.

(9) The statements which the return is required to contain by virtue of [F15 subsection (3A)] above in respect of the matters there mentioned shall be a separate statement [F16 of each such matter] as respects each of the candidates in question.

(10) If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.

[F17 (10A) The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any (or any description of) return required by this section.]

F18 (10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Word substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 27(a)

F2 S. 81(1)(a)(b) and words substituted (1.7.2001) for words by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 7(2) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F3 S.81(1A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 23(2) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F4 S. 81(2) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 7(3) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F5 Words in s. 81(2)(c) inserted (S.) (29.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 para. 6(a); S.S.I. 2007/26, art. 2(1)(n)(p)

F6 S. 81(3) repealed except as it applies to local government elections in Scotland (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 26, 74(2), 77, Sch. 2 Note (with s. 26(2)); S.I. 2006/3412, art. 3, Sch. 1 para. 14(l)(cc)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4; and s. 81(3) repealed for those excepted purposes (S.) (prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 19(1), 63

F7 S. 81(3)(a) substituted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch.18 para. 7(4)(a) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F8 S. 81(3)(d)-(f) substituted (1.7.2001) for s. 81(3)(d) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 7(4)(b) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F9 S. 81(3A) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 26, 77 (with s. 26(2)); S.I. 2006/3412, art. 3, Sch. 1 para. 14(l) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F10 S. 81(3B) inserted (S.) (29.9.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 20(3)(a), 35; S.S.I. 2021/311, reg. 2, sch. (with reg. 3)

F11 S. 81(4) repealed (16.2.2001) by 2000 c. 41, ss. 138(1)(2), 158(2)(3), Sch. 18 para. 7(5), 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)

F12 Word substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 27(b)

F13 S. 81(6)-(11) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 23(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F14 S. 81(7)(b) and word “and” immediately preceding repealed (1.7.2001) by 2000 c. 41, ss. 138(1)(2), 158(2)(3), Sch. 18 para. 7(6), 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)

F15 Words in s. 81(9) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 114(a) (with Sch. 1 para. 133); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(iv) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

F16 Words in s. 81(9) repealed except as they apply to local government elections in Scotland (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 74, 77, Sch. 1 para. 114(b), Sch. 2 Note (with Sch. 1 para. 133); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(iv)(cc)(v) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4; and the same words repealed for those excepted purposes (S.) (29.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 paras. 6(b)(ii), 13; S.S.I. 2007/26, art. 2(1)(n)(p)

F17 S. 81(10A) inserted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 7(7) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F18 S. 81(10B) repealed (29.9.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 20(3)(b), 35; S.S.I. 2021/311, reg. 2, sch. (with reg. 3)

F19 S. 81(11) repealed (1.7.2001) by 2000 c. 41, ss. 138(1)(2), 158(2)(3), Sch. 18 para. 7(8), 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. 81 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 81 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 81 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

C4 S. 81 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)

C5 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))

C6 S. 81(9) modified (S.) (29.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 paras. 6(b)(i), 13; S.S.I. 2007/26, art. 2(1)(n)(p)