The National Assembly for Wales (Representation of the People) Order 1999

Provisions supplemental to articles 43 and 44

45.—(1) Where a person incurs any expense required by article 43 or 44 to be authorised by the election agent for a group of party list candidates—

(a) that person shall within 21 days after the day on which the results of the regional election at which they are candidates are declared deliver to the Assembly a return of the amount of those expenses, stating the regional elections at which, and the registered political party in support of which, they were incurred, and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred,

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by any or all of the group of party list candidates or their election agent.

(2) The return and declaration under the foregoing provisions of this article shall be in the forms set out in English and Welsh in Schedule 6, and the authority received from the election agent shall be annexed to and deemed to be part of the return.

(3) A copy of every return and declaration made under paragraph (1) in relation to a regional election shall be sent to the Assembly within 21 days after the day on which the results of the election are declared by the person making the return or declaration and paragraph 64 of Schedule 5 applies to any documents sent to the Assembly under this article.

(4) If a person—

(a) incurs, or aids, abets, counsels or procures any other person to incur any expenses in contravention of article 43 or 44, or

(b) knowingly makes the declaration required by paragraph (1) falsely,

he shall be guilty of a corrupt practice; and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but—

(i) the court before whom a person is convicted under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 135, and

(ii) a party list candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this article committed by an agent or another candidate included on the list without his consent or connivance.

(5) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves—

(a) that the act or omission took place without his consent or connivance, and

(b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the other circumstances.