Representation of the People Act 1983

[F1 90C Property, goods, services etc. provided free of charge or at a discount. U.K.

(1) This section applies where, in the case of a candidate at an election—

(a) either—

(i) property or goods is or are transferred to the candidate or his election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or

(ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent. of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and

(b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.

[F2 (1A) For the purposes of subsection (1)(b), except as it applies in relation to an election in Scotland F3 ... under the local government Act, property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.]

(2) Where this section applies—

(a) an amount of election expenses determined in accordance with this section (“the appropriate amount”) shall be treated, for the purposes of this Part of this Act, as incurred by the candidate, and

(b) the candidate’s election agent shall make a declaration of that amount,

unless that amount is not more than £50.

This subsection has effect subject to [F4 Part 2 of Schedule 4A to this Act] .

(3) Where subsection (1)(a)(i) above applies, the appropriate amount is such proportion of either—

(a) the market value of the property or goods (where the property or goods is or are transferred free of charge), or

(b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),

as is reasonably attributable to the use made of the property or goods as mentioned in subsection (1)(b) above.

(4) Where subsection (1)(a)(ii) above applies, the appropriate amount is such proportion of either—

(a) the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or

(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities (where the property, goods, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in subsection (1)(b) above.

(5) Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this section the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).

(6) In this section “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 2A to this Act shall apply with any necessary modifications for the purpose of determining, for the purposes of subsection (1) above, whether property or goods is or are transferred to a candidate or his election agent.]

Textual Amendments

F1 Ss. 90A-90D inserted (1.7.2001) by 2000 c. 41, s. 134(1)(2) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

F2 S. 90C(1A) inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 20(1), 67(1); S.I. 2022/1226, reg. 2(c) (with reg. 3(1))

F3 Words in s. 90C(1A) omitted (W.) (1.1.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 32, 72(4); S.I. 2024/1337, art. 2(g)

F4 Words in s. 90C(2) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 117 (with Sch. 1 para. 133); S.I. 2006/1972, art. 3, Sch. 1 para. 25(c) (subject to transitional provisions in art. 4, Sch. 2)

Modifications etc. (not altering text)

C1 S. 90C 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)

C2 Ss. 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))

C3 S. 90C(2) modified (S.) (29.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 35, 63, Sch. 2 paras. 8, 13; S.S.I. 2007/26, art. 2(1)(n)(p)