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- Point in Time (25/05/2018)
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Version Superseded: 04/12/2020
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Representation of the People Act 1983, Section 76ZA is up to date with all changes known to be in force on or before 20 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where—
(a)a Parliament is not dissolved until after the period of 55 months beginning with the day on which that Parliament first met (“the 55-month period”),
(b)election expenses are incurred by or on behalf of a candidate at the parliamentary general election which follows the dissolution, and
(c)the expenses are incurred in respect of a matter which is used during the period beginning immediately after the 55-month period and ending with the day on which the person becomes a candidate at that election.
For the purposes of this section, section 90ZA(1) has effect with the omission of the words “after the date when he becomes a candidate at the election”.
(2)Election expenses incurred as mentioned in subsection (1) must not in the aggregate exceed the permitted amount, which is the relevant percentage of the following sum—
(a)for a candidate at an election in a county constituency, [F2£30,700] plus [F39p] for every entry in the register of electors;
(b)for a candidate at an election in a borough constituency, [F4£30,700] plus [F56p] for every entry in the register of electors.
(3)The relevant percentage is—
(a)100% where the dissolution was during [F6or after] the 60th month of the Parliament;
(b)90% where the dissolution was during its 59th month;
(c)80% where the dissolution was during its 58th month;
(d)70% where the dissolution was during its 57th month;
(e)60% where the dissolution was during its 56th month.
For the purposes of this subsection, the “56th month” of a Parliament is the month beginning immediately after the 55-month period; and so on.
(4)In subsection (2) above “the register of electors” means the register of parliamentary electors for the constituency in question as it has effect on the last day for publication of notice of the election.
(5)Where election expenses are incurred as mentioned in subsection (1) in excess of the permitted amount, any candidate or election agent who—
(a)incurred, or authorised the incurring of, the election expenses, and
(b)knew or ought reasonably to have known that the expenses would be incurred in excess of that amount,
shall be guilty of an illegal practice.
(6)The candidate's personal expenses do not count towards the permitted amount.]
Textual Amendments
F1S. 76ZA inserted (25.11.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 21(1), 43(1) (with s. 21(2)); S.I. 2009/3084, art. 3(a)
F2Sum in s. 76ZA(2)(a) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 6(1)(a)
F3Sum in s. 76ZA(2)(a) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 6(1)(b)
F4Sum in s. 76ZA(2)(b) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 6(2)(a)
F5Sum in s. 76ZA(2)(b) substituted (4.8.2014) by The Representation of the People (Variation of Limits of Candidates Election Expenses) Order 2014 (S.I. 2014/1870), arts. 1, 6(2)(b)
F6Words in s. 76ZA(3)(a) inserted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 7 (with s. 6)
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