Political Parties, Elections and Referendums Act 2000

Section 72.

SCHEDULE 8 U.K. Campaign expenditure: qualifying expenses

Part I U.K. Qualifying expenses

Expenses qualifying where incurred for election purposes U.K.

1 U.K. For the purposes of section 72(2) the expenses falling within this Part of this Schedule are expenses incurred in respect of any of the matters set out in the following list.

List of matters

(1) Party political broadcasts.

Expenses in respect of such broadcasts include agency fees, design costs and other costs in connection with preparing or producing such broadcasts.

(2) Advertising of any nature (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

(3) Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area or areas).

Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

(4) Any manifesto or other document setting out the party’s policies.

Expenses in respect of such a document include design costs and other costs in connection with preparing or producing or distributing or otherwise disseminating any such document.

(5) Market research or canvassing conducted for the purpose of ascertaining polling intentions.

(6) The provision of any services or facilities in connection with press conferences or other dealings with the media.

(7) Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with an election campaign.

Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the period during which the election campaign is being conducted.

(8) Rallies and other events, including public meetings (but not annual or other party conferences) organised so as to obtain publicity in connection with an election campaign or for other purposes connected with an election campaign.

Expenses in respect of such events include costs incurred in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.

Commencement Information

I1 Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Exclusions U.K.

2 [F1 (1)] Nothing in paragraph 1 shall be taken as extending to— U.K.

(a) any expenses in respect of newsletters or similar publications issued by or on behalf of the party with a view to giving electors in a particular electoral area information about the opinions or activities of, or other personal information relating to, their elected representatives or existing or prospective candidates;

(b) any expenses incurred in respect of unsolicited material addressed to party members;

(c) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(d) any expenses incurred in respect of the remuneration or allowances payable to any member of the staff (whether permanent or otherwise) of the party; [F2 [F3 or]]

(e) any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his accommodation or other personal needs to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to [F4 him.] [F4 him; [F5 or]]

[F6 (ea) in relation to an election for the purposes of which a limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 9 (limits for periods relating to parliamentary general elections or general elections to the Northern Ireland Assembly), reasonable expenses incurred that are reasonably attributable to the protection of persons or property; ]

[F7 (f) any expenses incurred in respect of a Senedd Cymru election or a local government election in Wales:

(i) relating to any matter that is reasonably attributable to the candidate’s disability, to the extent that the expenses in respect of the matter are reasonably incurred; and

(ii) in respect of, or in consequence of, the translation of anything from Welsh into English or from English into Welsh.]

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (3) In relation to sub-paragraph 2(1)(f)(i) “disability”, has the same meaning as in section 6 of the Equality Act 2010.]

[F10 (3) In relation to polls at elections for membership of the Scottish Parliament, nothing in paragraph 1 is to be taken as extending to—

(a) reasonable expenses incurred that are reasonably attributable to individuals’ disability,

(b) reasonable expenses incurred in providing for the protection of persons of property at rallies or other public events, or

(c) reasonable expenses incurred that are reasonably attributable to the translation of anything into languages other than English.

(4) In sub-paragraph (3)(a), “disability” has the same meaning as in the Equality Act 2010 (see section 6 of that Act).]

Textual Amendments

F1 Sch. 8 para. 2 renumbered (5.2.2004) as Sch. 8 para. 2(1) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 7(a)

F2 Word in Sch. 8 para. 2(1)(d) omitted (W.) (with effect in accordance with art. 1(2)(c) of the amending S.I.) by virtue of The Representation of the People (Election Expenses Exclusion) (Wales) (Amendment) Order 2020 (S.I. 2020/1320), arts. 1(2), 7(a)

F3 Word in Sch. 8 para. 2(1)(d) omitted (S.NI.) (26.3.2024) by virtue of The Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024 (S.I. 2024/428), regs. 1(1)(b), 4(2)(a)(i) (with reg. 6)

F4 Word in Sch. 8 para. 2(1)(e) substituted (W.) (with effect in accordance with art. 1(2)(c) of the amending S.I.) by The Representation of the People (Election Expenses Exclusion) (Wales) (Amendment) Order 2020 (S.I. 2020/1320), arts. 1(2), 7(b)

F5 Word in Sch. 8 para. 2(1)(e) omitted (E.W.) (26.3.2024) by virtue of The Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024 (S.I. 2024/428), regs. 1(1)(b), 4(2)(a)(ii) (with reg. 6)

F6 Sch. 8 para. 2(1)(ea) inserted (26.3.2024) by The Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024 (S.I. 2024/428), regs. 1(1)(b), 4(2)(a)(iii) (with reg. 6)

F7 Sch. 8 para. 2(1)(f) inserted (W.) (with effect in accordance with art. 1(2)(c) of the amending S.I.) by The Representation of the People (Election Expenses Exclusion) (Wales) (Amendment) Order 2020 (S.I. 2020/1320), arts. 1(2), 7(c)

F8 Sch. 8 para. 2(2) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F9 Sch. 8 para. 2(3) inserted (W.) (with effect in accordance with art. 1(2)(c) of the amending S.I.) by The Representation of the People (Election Expenses Exclusion) (Wales) (Amendment) Order 2020 (S.I. 2020/1320), arts. 1(2), 7(d)

F10 Sch. 8 para. 2(3)(4) inserted (S.) (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 21 (with art. 1(2))

Commencement Information

I2 Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Part II U.K. Supplemental

Guidance by Commission U.K.

3 (1) The Commission may prepare, and from time to time revise, a code of practice giving guidance as to the kinds of expenses which do, or do not, fall within Part I of this Schedule. U.K.

(2) Once the Commission have prepared a draft code under this paragraph, they shall submit it to the Secretary of State for his approval.

(3) The Secretary of State may approve a draft code either without modification or with such modifications as he may determine.

(4) Once the Secretary of State has approved a draft code he shall lay a copy of the draft, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

(5) If the draft incorporates any such modifications, the Secretary of State shall at the same time lay before each House a statement of his reasons for making them.

(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the draft code.

(7) If no such resolution is made within the 40-day period—

(a) the Secretary of State shall issue the code in the form of the draft laid before Parliament, and

(b) the code shall come into force on such date as the Secretary of State may by order appoint;

and the Commission shall arrange for it to be published in such manner as they consider appropriate.

(8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.

(9) In this paragraph “40-day period”, in relation to a draft code, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10) In this paragraph references to a draft code include a draft revised code.

Commencement Information

I3 Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Power to amend Part I U.K.

4 (1) The Secretary of State may by order make such amendments of Part I of this Schedule as he considers appropriate. U.K.

(2) The Secretary of State may make such an order either—

(a) where the order gives effect to a recommendation of the Commission; or

(b) after consultation with the Commission.

Commencement Information

I4 Sch. 8 wholly in force at 16.2.2001; Sch. 8 partly in force at Royal Assent, see s. 163(3); Sch. 8 in force in so far as not already in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)