(1)No amount of controlled expenditure shall be incurred by or on behalf of a recognised third party unless it is incurred with the authority of—
(a)the responsible person; or
(b)a person authorised in writing by the responsible person.
(2)A person commits an offence if, without reasonable excuse, he incurs any expenses in contravention of subsection (1).
(3)Where, in the case of a recognised third party that is a registered party, any expenses are incurred in contravention of subsection (1), the expenses shall not count for the purposes of sections 94 to 99 or Schedule 10 as controlled expenditure incurred by or on behalf of the recognised third party.
[F1(4)This section does not apply in relation to a recognised Gibraltar third party except in relation to controlled expenditure incurred by or on behalf of that party during the period of four months ending with the date of the poll for a general election to the European Parliament.]
Textual Amendments
F1S. 90(4) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 24
Commencement Information
I1S. 90 wholly in force at 16.2.2001; s. 90 not in force at Royal Assent, see s. 163(2); s. 90 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)No payment (of whatever nature) may be made in respect of any controlled expenditure incurred or to be incurred by or on behalf of a recognised third party unless it is made by—
(a)the responsible person, or
(b)a person authorised in writing by the responsible person.
(2)Any payment made in respect of any such expenditure by a person within paragraph (a) or (b) of subsection (1) must be supported by an invoice or a receipt unless it is not more than £200.
(3)Where a person within paragraph (b) of subsection (1) makes a payment to which subsection (2) applies, he must deliver to the responsible person—
(a)notification that he has made the payment, and
(b)the supporting invoice or receipt,
as soon as possible after making the payment.
(4)A person commits an offence if, without reasonable excuse—
(a)he makes any payment in contravention of subsection (1), or
(b)he contravenes subsection (3).
[F2(5)This section does not apply in relation to a recognised Gibraltar third party except in relation to controlled expenditure incurred or to be incurred by or on behalf of that party during the period of four months ending with the date of the poll for a general election to the European Parliament.]
Textual Amendments
F2S. 91(5) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 25
Commencement Information
I2S. 91 wholly in force at 16.2.2001; s. 91 not in force at Royal Assent, see s. 163(2); s. 91 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)A claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party during any period which is a regulated period (as defined by section 94(10)(a)) shall not be payable if the claim is not sent to—
(a)the responsible person, or
(b)any other person authorised under section 90 to incur the expenditure,
not later than [F330 days] after the end of the regulated period.
(2)Any claim sent in accordance with subsection (1) shall be paid not later than [F460 days] after the end of the regulated period.
(3)A person commits an offence if, without reasonable excuse—
(a)he pays any claim which by virtue of subsection (1) is not payable, or
(b)he makes any payment in respect of a claim after the end of the period allowed under subsection (2).
(4)In the case of any claim to which subsection (1) applies—
(a)the person making the claim, or
(b)the person with whose authority the expenditure in question was incurred,
may apply to the High Court or a county court or, in Scotland, to the Court of Session or the sheriff for leave for the claim to be paid although sent in after the end of the period mentioned in that subsection; and the court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave.
(5)Nothing in subsection (1) or (2) shall apply in relation to any sum paid in pursuance of the order of leave.
(6)Subsection (2) is without prejudice to any rights of a creditor of a recognised third party to obtain payment before the end of the period allowed under that subsection.
(7)Subsections (7) to [F5(11)] of section 77 shall apply for the purposes of this section as if—
(a)any reference to subsection (1), (2) or (4) of that section were a reference to subsection (1), (2) or (4) above;
(b)any reference to campaign expenditure were a reference to controlled expenditure; and
(c)any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the recognised third party.
[F6(8)In the application of this section to Gibraltar, references to the High Court or a county court shall have effect as if they were references to the Gibraltar court.]
Textual Amendments
F3Words in s. 92(1) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 65(2)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 22 (subject to art. 4, Sch. 2)
F4Words in s. 92(2) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 65(2)(b), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 22 (subject to art. 4, Sch. 2)
F5S. 92(7): "(11)" substituted (5.2.2004) for "(10)" by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 26(a)
F6S. 92(7) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 26(b)
Commencement Information
I3S. 92 wholly in force at 16.2.2001; s. 92 not in force at Royal Assent, see s. 163(2); s. 92 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)This section applies where—
(a)a claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party as mentioned in section 92(1) is sent to—
(i)the responsible person, or
(ii)any other person with whose authority it is alleged that the expenditure was incurred,
within the period allowed under that provision; and
(b)the responsible person or other person to whom the claim is sent fails or refuses to pay the claim within the period allowed under section 92(2);
and the claim is referred to in this section as “the disputed claim”.
(2)The person by whom the disputed claim is made may bring an action for the disputed claim, and nothing in section 92(2) shall apply in relation to any sum paid in pursuance of any judgment or order made by a court in the proceedings.
(3)For the purposes of this section—
(a)subsections (4) and (5) of section 92 shall apply in relation to an application made by the person mentioned in subsection (1)(b) above for leave to pay the disputed claim as they apply in relation to an application for leave to pay a claim (whether it is disputed or otherwise) which is sent in after the period allowed under section 92(1); and
(b)subsections (7) and (8) of section 77 shall apply as if any reference to subsection (4) of that section were a reference to section 92(4) as applied by paragraph (a) above.
Commencement Information
I4S. 93 wholly in force at 16.2.2001; s. 93 not in force at Royal Assent, see s. 163(2); s. 93 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)Schedule 10 has effect for imposing limits on controlled expenditure incurred by or on behalf of recognised third parties in England, Scotland, Wales or Northern Ireland during the periods specified in that Schedule.
(2)Where during a regulated period any controlled expenditure is incurred in a relevant part of the United Kingdom by or on behalf of a recognised third party in excess of the limit imposed by Schedule 10 in relation to that period and part of the United Kingdom, then—
(a)if the third party is not an individual—
(i)the responsible person is guilty of an offence if he authorised the expenditure to be incurred by or on behalf of the third party and he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit, and
(ii)the third party is also guilty of an offence;
(b)if the third party is an individual, he is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit.
(3)Subsection (4) applies where—
(a)during a regulated period any controlled expenditure is incurred in a part of the United Kingdom by or on behalf of a third party in excess of the limit for that part of the United Kingdom mentioned in subsection (5), and
(b)the third party is not a recognised third party.
(4)In such a case—
(a)if the third party is not an individual—
(i)any person who authorised the expenditure to be incurred by or on behalf of the third party is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit, and
(ii)the third party is also guilty of an offence;
(b)if the third party is an individual, he is guilty of an offence if he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit.
(5)The limits referred to in subsection (3) are as follows—
(a)£10,000 for England; and
(b)£5,000 for each of Scotland, Wales and Northern Ireland.
[F7(5A)Subsections (3) to (5) apply to a recognised Gibraltar third party as they apply to a third party that is not a recognised third party, subject to the following modification namely that for the purposes of those subsections any expenditure incurred by or on behalf of the recognised Gibraltar third party during the period of four months ending with the date of the poll for a general election to the European Parliament is to be disregarded.]
(6)Where—
(a)during a regulated period any controlled expenditure is incurred in a particular part of the United Kingdom by or on behalf of a third party, and
(b)the expenditure is so incurred in pursuance of a plan or other arrangement whereby controlled expenditure is to be incurred by or on behalf of—
(i)that third party, and
(ii)one or more other third parties,
respectively in connection with the production or publication of election material which can reasonably be regarded as intended to achieve a common purpose falling within section 85(3),
the expenditure mentioned in paragraph (a) shall be treated for the purposes of this section and Schedule 10 as having also been incurred, during the period and in the part of the United Kingdom concerned, by or on behalf of the other third party (or, as the case may be, each of the other third parties) mentioned in paragraph (b)(ii).
(7)Subsection (6) applies whether or not any of the third parties in question is a recognised third party.
(8)Where—
(a)at any time before the beginning of any regulated period any expenses within section 85(2) are incurred by or on behalf of a third party in respect of any property, services or facilities, but
(b)the property, services or facilities is or are made use of by or on behalf of the third party during the regulated period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 85(2) have constituted controlled expenditure incurred by or on behalf of the third party during that period,
the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section, sections 96 to 99 and Schedule 10 as controlled expenditure incurred by or on behalf of the third party during that period.
(9)For the purposes of subsection (8) the appropriate proportion of the expenses mentioned in paragraph (a) of that subsection is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b).
(10)For the purposes of this section, sections 96 to 99 and Schedule 10—
(a)a “regulated period” is [F8(subject to subsection (11))] a period in relation to which any limit is imposed by Schedule 10;
(b)any reference to controlled expenditure incurred by or on behalf of a recognised third party during a regulated period includes any controlled expenditure so incurred during that period at any time before the third party became a recognised third party;
(c)a part of the United Kingdom is a “relevant part” if any limit imposed by Schedule 10 applies to controlled expenditure which is incurred in that part; and
(d)any reference to controlled expenditure being incurred in a part of the United Kingdom shall be construed in accordance with paragraph 2 of that Schedule.
[F9(11)As respects a recognised Gibraltar third party, the periods in relation to which paragraphs 3 and 5 to 11 of Schedule 10 impose limits—
(a)are regulated periods for the purposes of this section, but
(b)are not regulated periods for the purposes of sections 92, 93 and 96 to 99.]
Textual Amendments
F7S. 94(5A) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 27(a)
F8Words in s. 94(10)(a) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 27(b)
F9S. 94(11) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 4(2), Sch. para. 27(c)
Commencement Information
I5S. 94 wholly in force at 16.2.2001; s. 94 not in force at Royal Assent, see s. 163(2); s. 94 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
Schedule 11 has effect for controlling donations to recognised third parties which either are not registered parties or are minor parties.
Commencement Information
I6S. 95 wholly in force at 16.2.2001; s. 95 not in force at Royal Assent, see s. 163(2); s. 95 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)Where—
(a)during any regulated period any controlled expenditure is incurred by or on behalf of a recognised third party in any relevant part or parts of the United Kingdom, and
(b)that period ends,
the responsible person shall prepare a return under this section in respect of the controlled expenditure incurred by or on behalf of the third party during that period in that part or those parts of the United Kingdom.
(2)A return under this section must specify the poll for the relevant election (or, as the case may be, the polls for the relevant elections) that took place during the regulated period in question, and must contain—
(a)a statement of all payments made in respect of controlled expenditure incurred by or on behalf of the third party during that period in the relevant part or parts of the United Kingdom;
(b)a statement of all disputed claims (within the meaning of section 93) of which the responsible person is aware;
(c)a statement of all the unpaid claims (if any) of which the responsible person is aware in respect of which an application has been made, or is about to be made, to a court under section 92(4); and
(d)in a case where the third party either is not a registered party or is a minor party, a statement of relevant donations received by the third party in respect of the relevant election or elections which complies with the requirements of paragraphs 10 and 11 of Schedule 11.
(3)A return under this section must be accompanied by—
(a)all invoices or receipts relating to the payments mentioned in subsection (2)(a); and
(b)in the case of any controlled expenditure treated as incurred by the third party by virtue of section 86, any declaration falling to be made with respect to that expenditure in accordance with section 86(6).
(4)Where, however, any payments or claims falling to be dealt with in a return by virtue of subsection (2) have already been dealt with in an earlier return under this section—
(a)it shall be sufficient for the later return to deal with those payments or claims by specifying overall amounts in respect of them; and
(b)the requirement imposed by subsection (3) does not apply to any invoices, receipts or declarations which accompanied the earlier return and are specified as such in the later return.
(5)Subsections (2) to (4) do not apply to any controlled expenditure incurred at any time before the third party became a recognised third party, but the return must be accompanied by a declaration made by the responsible person of the total amount of such expenditure incurred at any such time.
(6)The Commission may by regulations prescribe a form of return which may be used for the purposes of this section.
(7)Where subsection (1)(a) applies in relation to a recognised third party and any regulated period—
(a)the requirements as to the preparation of a return under this section in respect of controlled expenditure falling within subsection (1)(a) shall have effect in relation to the third party despite the third party ceasing to be a recognised third party at or after the end of the regulated period by virtue of the lapse of the third party’s notification under section 88(1); and
(b)for the purposes of, or in connection with, the discharge of obligations of the responsible person under this section and sections 98 and 99 in relation to any such return, references to the responsible person shall be read as references to the person who was the responsible person in relation to the third party immediately before that notification lapsed.
(8)In this section “relevant donation” has the same meaning as in Schedule 11.
Commencement Information
I7S. 96 wholly in force at 16.2.2001; s. 96 partly in force at Royal Assent, see s. 163(3); s. 96 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)Where during any regulated period the controlled expenditure incurred by or on behalf of a recognised third party in the relevant part or parts of the United Kingdom exceeds £250,000, a report must be prepared by a qualified auditor on the return prepared under section 96 in respect of that expenditure.
(2)The following provisions, namely—
(a)section 43(6) and (7), and
(b)section 44,
shall apply in relation to the appointment of an auditor to prepare a report under subsection (1) or (as the case may be) an auditor so appointed as they apply in relation to the appointment of an auditor to carry out an audit under section 43 or (as the case may be) an auditor so appointed.
Commencement Information
I8S. 97 wholly in force at 16.2.2001; s. 97 not in force at Royal Assent, see s. 163(2); s. 97 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)Where—
(a)any return falls to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, and
(b)an auditor’s report on it falls to be prepared under section 97(1),
the responsible person shall deliver the return to the Commission, together with a copy of the auditor’s report, within six months of the end of that period.
(2)In the case of any other return falling to be prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period, the responsible person shall deliver the return to the Commission within three months of the end of that period.
(3)Where, after the date on which a return is delivered to the Commission under this section, leave is given by a court under section 92(4) for any claim to be paid, the responsible person shall, within seven days after the payment, deliver to the Commission a return of any sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave.
(4)The responsible person in the case of a recognised third party commits an offence if, without reasonable excuse, he—
(a)fails to comply with the requirements of subsection (1) or (2) in relation to any return or report to which that subsection applies; or
(b)delivers a return which does not comply with the requirements of section 96(2) or (3); or
(c)fails to comply with the requirements of subsection (3) in relation to a return under that subsection.
Commencement Information
I9S. 98 wholly in force at 16.2.2001; s. 98 not in force at Royal Assent, see s. 163(2); s. 98 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)Each return prepared under section 96 in respect of controlled expenditure incurred by or on behalf of a recognised third party during a regulated period must, when delivered to the Commission, be accompanied by a declaration which complies with subsections (2) and (3) and is signed by the responsible person.
(2)The declaration must state—
(a)that the responsible person has examined the return in question;
(b)that to the best of his knowledge and belief—
(i)it is a complete and correct return as required by law, and
(ii)all expenses shown in it as paid have been paid by him or a person authorised by him.
(3)The declaration must also state, in a case where the third party either is not a registered party or is a minor party, that—
(a)all relevant donations recorded in the return as having been accepted by the third party are from permissible donors, and
(b)no other relevant donations have been accepted by the third party in respect of the relevant election or elections which took place during the regulated period.
(4)A person commits an offence if—
(a)he knowingly or recklessly makes a false declaration under this section; or
(b)subsection (1) is contravened at a time when he is the responsible person in the case of the recognised third party to which the return relates.
(5)In this section “relevant donation” has the same meaning as in Schedule 11.
Commencement Information
I10S. 99 wholly in force at 16.2.2001; s. 99 not in force at Royal Assent, see s. 163(2); s. 99 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
(1)Where the Commission receive any return under section 96, they shall—
(a)as soon as reasonably practicable after receiving the return, make a copy of the return, and of any documents accompanying it, available for public inspection; and
(b)keep any such copy available for public inspection for the period for which the return or other document is kept by them.
(2)If the return contains a statement of relevant donations in accordance with section 96(2)(d), the Commission shall secure that the copy of the statement made available for public inspection does not include, in the case of any donation by an individual, the donor’s address.
(3)At the end of the period of two years beginning with the date when any return or other document mentioned in subsection (1) is received by the Commission—
(a)they may cause the return or other document to be destroyed; but
(b)if requested to do so by the responsible person in the case of the third party concerned, they shall arrange for the return or other document to be returned to that person.
Commencement Information
I11S. 100 wholly in force at 16.2.2001; s. 100 not in force at Royal Assent, see s. 163(2); s. 100 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)