Part IIU.K. The Election Campaign

Modifications etc. (not altering text)

C1Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1), Rules, 2, 6

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215), Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule 1(4), Sch. 1)

Election expensesU.K.

75 Prohibition of expenses not authorised by election agent.U.K.

(1)No expenses shall, with a view to promoting or procuring the election of a candidate [F1(or, in the case of an election of the London members of the London Assembly at an ordinary election, a registered political party or candidates of that party)] at an election, be incurred [F2after he becomes a candidate at that election] by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account—

(a)of holding public meetings or organising any public display; or

(b)of issuing advertisements, circulars or publications; or

(c)of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate [F3or

(d)in the case of an election of the London members of the London Assembly at an ordinary election, of otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party or the extent or nature of that party’s backing or disparaging any other registered political party.]

[F4but paragraph (c) [F5or (d)] of this subsection shall not—

(i)restrict the publication of any matter relating to the election in a newspaper or other periodical or in a broadcast made by the British Broadcasting Corporation or [F6or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 [F7or Part I or II of the Broadcasting Act 1996];] or

(ii)apply to any expenses not exceeding in the aggregate the sum of [F8£5] which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others, or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.]

[F9(1ZZA)Paragraph (c) or (d) of subsection (1) above does not restrict the publication of any matter relating to the election in—

(a)a newspaper or other periodical,

(b)a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or

(c)a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.

(1ZZB)Subsection (1) above does not apply to any expenses incurred by any person—

(a)which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or

(b)in travelling or in living away from home or similar personal expenses.]

[F10(1ZA)For the purposes of [F11subsection (1ZZB)(a)] above, “the permitted sum” means—

(a)in respect of a candidate at a parliamentary election, £500;

(b)in respect of a candidate at a local government election, £50 together with an additional 0.5p for every entry in the register of local government electors for the electoral area in question as it has effect on the last day for publication of notice of the election;

and expenses shall be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding [F11subsection (1ZZB)(a)] fall within subsection (1) above.]

[F12(1A)In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, any reference to the candidate includes a reference to all or any of the candidates of a registered political party [F13; and in the application of subsection (1ZA) above in relation to such an election the reference to the same candidate includes a reference to all or any of the candidates of the same registered political party..]]

F14(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a person incurs any expenses required by this section to be authorised by the election agent—

(a)that person shall [F15within 21 days after the day on which the result of the election is declared deliver] to the appropriate officer a return of the amount of those expenses, stating the election at which and the candidate in whose support they were incurred, and

(b)the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred.

but this subsection does not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.

(3)The return and declaration under the foregoing provisions of this section shall be in the prescribed form, and the authority received from the election agent shall be annexed to and deemed to form part of the return.

(4)A copy of every return and declaration made under subsection (2) above in relation to a parliamentary election in England, Wales or Northern Ireland shall be sent to the Clerk of the Crown within [F1621 days after the day on which the result of the election is declared] by the person making the return or declaration, and rule 57 of the parliamentary elections rules applies to any documents sent to the Clerk of the Crown under this subsection.

In this subsection references to the Clerk of the Crown in relation to an election in Northern Ireland are references to the Clerk of the Crown for Northern Ireland.

(5)If a person—

(a)incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this section, or

(b)knowingly makes the declaration required by subsection (2) falsely,

he shall be guilty of a corrupt practice; and if a person fails to [F17deliver or] send any declaration or return or a copy of it as required by this section he shall be guilty of an illegal practice, but—

(i)the court before whom a person is convicted under this subsection may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and

(ii)a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this subsection committed by an agent without his consent or connivance.

(6)Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves—

(a)that the act or omission took place without his consent or connivance; and

(b)that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

[F18(7)For the purposes of this section, in the case of an election of the London members of the London Assembly at an ordinary election, a candidate’s registered political party is the registered political party (if any) which submitted for the purposes of that election a list of candidates on which the candidate in question is included.]

[F19(8)For the purposes of subsection (1), expenditure incurred before the date when a person becomes a candidate at the election is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.]

[F20(11)This section does not apply in relation to a local government election in Scotland.]

Textual Amendments

F1Words in s. 75(1) inserted (14.12.1999) by 1999 c. 29 s. 17, Sch. 3 para. 19

F2Words in s. 75(1) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 25(2)(a), 77 (with s. 25(7)); S.I. 2006/1972, art. 3, Sch. 1 para. 4 (subject to transitional provisions in art. 4, Sch. 2)

F3S. 75(1)(d) and word “or” immediately preceding inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 19 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F4Words in s. 75(1) repealed except as it applies to local government elections in Scotland (retrospective to 16.2.2001) by Electoral Administration Act 2006 (c. 22), ss. 25(2)(b)(6), 74, 77, Sch. 2 Note (with s. 25(7)); S.I. 2006/1972, art. 3, Sch. 1 para. 4 (subject to transitional provisions in art. 4, Sch. 2)

F9S. 75(1ZZA)(1ZZB) inserted (retrospective to 16.2.2001) by Electoral Administration Act 2006 (c. 22), ss. 25(3)(6), 77 (with s. 25(7)); S.I. 2006/1972, art. 3, Sch. 1 para. 4 (subject to transitional provisions in art. 4, Sch. 2)

F10S. 75(1ZA) inserted (16.2.2001) by 2000 c. 41, s. 131(3) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F11Words in s. 75(1ZA) substituted (retrospective to 16.2.2001) by Electoral Administration Act 2006 (c. 22), ss. 25(4)(6), 77 (with s. 25(7)); S.I. 2006/1972, art. 3, Sch. 1 para. 4 (subject to transitional provisions in art. 4, Sch. 2)

F13Words in s. 75(1A) added (16.2.2001) by 2000 c. 41, s. 131(4) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F14S. 75(1B)(1C) repealed (16.2.2001) by 2000 c. 41, ss. 131(5), 158(2)(3), Sch. 22 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F19S. 75(8) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 25(5), 77 (with s. 25(7)); S.I. 2006/1972, art. 3, Sch. 1 para. 4 (subject to transitional provisions in art. 4, Sch. 2)

Modifications etc. (not altering text)

C3S. 75 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I

S. 75 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 75 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1

S. 75 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1

C4S. 75(1): power to exclude conferred (S.) (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 5(4)

C6S. 75(2)(a) applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(6)(d)(7)