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Version Superseded: 22/04/2014
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Political Parties, Elections and Referendums Act 2000, Section 92 is up to date with all changes known to be in force on or before 17 August 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)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 [F130 days] after the end of the regulated period.
(2)Any claim sent in accordance with subsection (1) shall be paid not later than [F260 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 [F3(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.
[F4(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
F1Words 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)
F2Words 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)
F3S. 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)
F4S. 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
I1S. 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)
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