The Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations increase the maximum amount of election expenses which may be incurred by candidates at Greater London Authority and local authority mayoral elections in England to take account of inflation. This is an 81.05% increase (rounded to 2 decimal places) in the figures for Greater London Authority elections and 29.09% (rounded to 2 decimal places) in the figures for local authority mayoral elections. The calculated figures have been rounded down to the nearest £10. The extent of the increases also reflects the passage of time since the figures were set. The new maximum amount for local authority mayoral elections aligns with the new maximum amount for combined authority mayoral elections and combined county authority mayoral elections set out in the Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024.

Regulation 4 inserts a general exclusion for reasonable expenses incurred in providing for the personal security and property of candidates, political parties and third parties (non-party campaigners) for elections, other than at certain elections in Scotland and Wales. As a result of this exclusion, expenses that are reasonably incurred in relation to the security of individual persons or property (including data) is not a qualifying expense in respect of election expenses or campaign expenditure limits. Where expenses are incurred for more than one purpose, the exclusion only applies to the amount of those expenses reasonably attributable to that security related purpose.

Regulation 5 removes the police areas of Greater Manchester, North Yorkshire and West Yorkshire from the tables in articles 34(4) and 35(2) of the Police and Crime Commissioner Elections Order (S.I. 2012/1970). The police and crime functions for Greater Manchester, North Yorkshire and West Yorkshire have been transferred to the relevant mayor. Consequently, it is no longer necessary to include these police areas in the table.

Regulation 6 provides a transitional provision so that the pre-existing maximum amount, in relation to Authority elections and local authority mayoral elections, applies to expenses incurred prior to the coming into force of these Regulations and the new maximum amount applies to all expenses incurred during the period for which candidate election expenses limits apply (whether incurred before or after the coming into force of these Regulations).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sectors is foreseen.