- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Scottish Parliament (Elections etc.) Order 2015 ISBN 978-0-11-102991-6
38.—(1) No payment (of whatever nature) shall be made by—
(a)a candidate for return as a constituency member or an individual candidate for return as a regional member; or
(b)any other person,
in respect of election expenses incurred by or on behalf of the candidate for return as a constituency member or an individual candidate for return as a regional member 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 £20, be vouched for by a bill stating the particulars or by a receipt.
(3) The references in the foregoing provisions of this article to an election agent include the election agent acting by a sub-agent.
(4) This article does not apply to—
(a)any expenses which are, in accordance with article 39(1) or (2), 44(6) or 45(2), paid by the candidate;
(b)any expenses which are paid in accordance with article 39(4) by a person authorised as mentioned in that provision; or
(c)any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of article 58(5) (expenses incurred before the date the person becomes a candidate at the election).
(5) A person who makes any payment (of whatever nature) in contravention of paragraph (1) shall be guilty of an illegal practice.
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