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(1)Neither section 73 above nor sections 78 and 79 below shall apply to election expenses—
(a)which are incurred by or on behalf of a candidate otherwise than for the purposes of the candidate’s election, but
(b)which by virtue of [F2section 90ZA(1)] below fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they were incurred being used for the purposes of the candidate’s election.
(2)The candidate’s election agent shall make a declaration of the amount [F3(determined in accordance with section 90B below)] of any election expenses falling within subsection (1) above.
(3)In this section “for the purposes of the candidate’s election” has the same meaning as in [F4sections 90ZA and] 90C below.]
Textual Amendments
F1S. 74A inserted (1.7.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 5 (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)
F2Words in s. 74A(1)(b) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 112(2) (with Sch. 1 para. 133); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(c) (subject to transitional provisions in art. 4, Sch. 2)
F3Words in s. 74A(2) repealed except as it applies to local government elections in Scotland (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74, 77, Sch. 1 para. 112(3), Sch. 2 Note (with Sch. 1 para. 133); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(c), 26 (subject to transitional provisions in art. 4, Sch. 2); and the same words repealed for those excepted purposes (S.) (prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 paras. 4(b), 13
F4Words in s. 74A(3) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 112(4) (with Sch. 1 para. 133); S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(c) (subject to transitional provisions in art. 4, Sch. 2)
Modifications etc. (not altering text)
C1S. 74A 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)
C2Ss. 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))
C3S. 74A(1)(b) modified (S.) (prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 paras. 4(a), 13
C4S. 74A(3) modified (S.) (prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 paras. 4(c), 13
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