SCHEDULE 18 Election campaigns and proceedings: miscellaneous amendments
Payment of election expenses
3
(1)
Section 73 (payment of expenses through election agent) shall be amended as follows.
(2)
“(1)
Subject to subsection (5) below, no payment (of whatever nature) shall be made by—
(a)
a candidate at an election, or
(b)
any other person,
in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.”
(3)
In subsection (2), for “and by a receipt” there shall be substituted “
or by a receipt
”
.
(4)
Subsection (4) shall be omitted.
(5)
“(5)
This section does not apply to—
(a)
any expenses which are, in accordance with section 74(1) or (1B), 78(5) or 79(2) below, paid by the candidate;
(b)
any expenses which are paid in accordance with section 74(3) below by a person authorised as mentioned in that provision;
(c)
any expenses included in a declaration made by the election agent under section 74A below; or
(d)
any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of section 90A(5)(b) below.”
(6)
In subsection (6)—
(a)
for “any payment, advance or deposit” there shall be substituted “
any payment (of whatever nature)
”
; and
(b)
the words from “, or pays” to “as mentioned above,” shall be omitted.
4
(1)
Section 74 (candidate’s personal expenses, and petty expenses) shall be amended as follows.
(2)
For the sidenote there shall be substituted “
Expenses which may be paid otherwise than by election agent.
”
(3)
“(1B)
The candidate at an election may also pay any election expenses (other than expenses falling within subsection (1) above) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.”
(4)
In subsection (2), for “personal expenses paid as mentioned above” there shall be substituted “
expenses paid as mentioned in subsection (1) or (1B) above
”
.
(5)
“(5)
Sections 78 and 79 below do not apply to expenses which, in accordance with any provision of this section, are paid otherwise than by the candidate’s election agent.”
5
“74A Expenses incurred otherwise than for election purposes.
(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 section 90A(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 (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 sections 90A to 90C below.”
6
(1)
Section 78 (time for sending in and paying claims) shall be amended as follows.
(2)
In subsections (1) and (2) for “within” wherever it occurs there shall be substituted “
not later than
”
.