The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008

General restriction on referendum expenses E+W

6.—(1) In this regulation and regulation 7—

“campaign organiser” (“trefnydd ymgyrch”) means the individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;

“referendum campaign” (“ymgyrch refferendwm”) means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a referendum;

“referendum expenses” (“treuliau refferendwm”) means the expenses incurred by or on behalf of any individual or body during the referendum period for referendum purposes in respect of any of the matters set out in paragraphs 1 to 7 of Schedule 2 to these Regulations, as read in accordance with paragraph 8 of that Schedule;

“referendum expenses limit” (“cyfyngiad treuliau refferendwm”) means the aggregate of £2,362 and the amount found by multiplying by 5.9 pence the number of entries in the relevant register;

“for referendum purposes” (“at ddibenion refferendwm”) means—

(a)

in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to the question asked in the referendum, or

(b)

otherwise in connection with promoting or procuring any such outcome;

“the relevant register” (“y gofrestr berthnasol”) means the register (or registers) of local government electors published under section 13 (publication of registers) of the 1983 Act M1 after the conclusion of the canvass conducted under section 10 of that Act M2 in the year immediately preceding that in which the referendum is held, which has (or have) effect in the area of the local authority by which or as regards which the referendum is held (whether or not the persons to whom those entries relate are entitled to vote in the referendum).

(2) The total referendum expenses incurred, or, in accordance with regulation 7, treated as incurred, by or on behalf of any individual or body must not exceed the referendum expenses limit.

(3) Where any referendum expenses are incurred in excess of the referendum expenses limit, a person who knew or ought reasonably to have known that that limit would be exceeded, or who, without reasonable excuse, authorises another person to exceed that limit, is guilty of an offence.

(4) Where information is given to the Director of Public Prosecutions that an offence under paragraph (3) has been committed, it is the duty of the Director of Public Prosecutions to make such inquiries and institute such prosecutions as the circumstances of the case appear to the Director of Public Prosecutions to require.

(5) Where an offence under paragraph (3) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

(6) A person who commits an offence under paragraph (3) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding [F1 the general limit in a magistrates’ court] or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 12 months or both.

(7) In relation to an offence committed before the commencement of [F2 paragraph 24(2) of Schedule 22 to the Sentencing Act 2020], the reference in paragraph (6)(a) to [F3 the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(8) Nothing in paragraph (2) affects the right of any creditor who, when the expense was incurred, was ignorant of that expense being in contravention of that paragraph.

Textual Amendments

F1 Words in reg. 6(6)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2 table

F2 Words in reg. 6(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 446(1) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3 Words in reg. 6(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2 table

Marginal Citations

M1 1983 c. 2; section 13 was substituted for section 13 as originally enacted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2).

M2 Section 10 was substituted together with section 10A for section 10 as originally enacted by paragraph 4 of Schedule 1 to the Representation of the People Act 2000 (c. 2) and amended by paragraphs 5 and 105 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).