77 Restriction on making claims in respect of campaign expenditure.U.K.
(1)A claim for payment in respect of campaign expenditure incurred by or on behalf of a registered party during any period which is, in relation to the party, a relevant campaign period (within the meaning of section 80) shall not be payable if the claim is not sent to—
(a)the treasurer or a deputy treasurer of the party, or
(b)any other person authorised under section 75 to incur the expenditure,
not later than [F130 days] after the end of the relevant campaign period.
(2)Any claim sent in accordance with subsection (1) shall be paid not later than [F260 days] after the end of the relevant campaign 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 registered party to obtain payment before the end of the period allowed under that subsection.
(7)The jurisdiction conferred by subsection (4) on the Court of Session or the sheriff may be exercised in such manner as is prescribed by Act of Sederunt; and any order made by the sheriff by virtue of that subsection may be appealed to the Court of Session.
(8)Article 60 of the M1County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (4) as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.
(9)Where, in the case of any campaign expenditure, the period allowed under subsection (1) or (2) would (apart from this subsection) end on—
(a)a Saturday or Sunday or Christmas Eve, Christmas Day, F3. . . or Good Friday,
(b)a bank holiday, or
(c)a day appointed for public thanksgiving or mourning,
the period instead ends on the first day following that day which is not one of those days.
(10)In subsection (9)(b) “bank holiday” means [F4a day within subsection (11) or] a day which under the M2Banking and Financial Dealings Act 1971 is a bank holiday in any part of the United Kingdom—
(a)in which is situated the office of the treasurer, deputy treasurer or (as the case may be) other authorised person to whom the claim is sent pursuant to subsection (1); or
(b)in which the person providing the property, services or facilities to which the expenditure relates conducts his business; or
(c)(if he conducts his business in more than one part of the United Kingdom) in which is situated the office from which dealings relating to the expenditure were conducted.
[F5(11)A day is within this subsection if under the law of Gibraltar it is a bank holiday or a public holiday and—
(a)the office of the treasurer, deputy treasurer or (as the case may be) other authorised person to whom the claim is sent pursuant to subsection (1) is situated in Gibraltar; or
(b)the person providing the property, services or facilities to which the expenditure relates conducts his business in Gibraltar; or
(c)(if he conducts his business in one or more parts of the United Kingdom and Gibraltar) the office from which dealings relating to the expenditure were conducted is situated in Gibraltar.
(12)In the application of subsection (4) to Gibraltar, the references to the High Court or a county court shall have effect as if they were references to the Gibraltar court.]
Textual Amendments
F1Words in s. 77(1) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 65(1)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 22 (subject to art. 4, Sch. 2)
F2Words in s. 77(2) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 65(1)(b), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 22 (subject to art. 4, Sch. 2)
F3Words in s. 77(9)(a) repealed (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 20, 74(2), 77(2), Sch. 1 para. 54, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 14(g)(aa)(bb)(cc) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(d)(y)(z)(aa)
F4Words in s. 77(10) 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. 20(a)
F5S. 77(11)(12) 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. 20(b)
Commencement Information
I1S. 77 wholly in force at 16.2.2001; s. 77 not in force at Royal Assent, see s. 163(2); s. 77 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)
Marginal Citations