The Scottish Parliament (Elections etc.) Order 2010

Meaning of “election expenses”

58.—(1) In this Part “election expenses” in relation to a candidate at an election means (subject to paragraph (2) and article 60) any expenses incurred at any time in respect of any matter specified in paragraph (1) of article 59 which is used for the purposes of the candidate’s election after the date when the candidate becomes a candidate at the election.

(2) No election expenses are to be regarded as incurred by virtue of paragraph (1) or article 59 in respect of any matter specified in paragraph (2) of article 59 .

(3) In this article “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.

(4) For the purposes of this Order, election expenses are incurred by or on behalf of a candidate at an election if they are incurred—

(a) by the candidate or the candidate’s election agent, or

(b) by any person authorised by the candidate or the candidate’s election agent to incur expenses.

(5) A reference in this part to a candidate at an election, in relation to election expenses, includes (where the context allows) a reference to a person who becomes a candidate at the election after the expenses are incurred.

(6) In this Order any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.