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Individual candidate: payment of expenses by or through election agent
     38.  - (1) Except as permitted by article 41, or under article 51 or 52, no payment and no advance or deposit shall be made at any time in respect of election expenses of an individual candidate at an Assembly election - 

(a) by an individual candidate,

(b) by any agent on behalf of an individual candidate, or

(c) by any other person,

otherwise than by or through the candidate's election agent.

    (2) Every payment under paragraph (1) in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

    (3) The reference in paragraph (1) to an election agent shall be taken as a reference to the election agent acting by himself or by a sub-agent.

    (4) All money provided by any person other than a candidate for any election expenses for, or in respect of, the candidate, whether as gift, loan, advance or deposit, shall be paid to the candidate or his election agent and not otherwise.

    (5) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (6) A person who makes any payment, advance or deposit in contravention of paragraph (1), or pays in contravention of paragraph (4) any money so provided as mentioned, shall be guilty of an illegal practice.

Registered political party at an ordinary election: payment of expenses by or through election agent, registered nominating officer, etc.
     39.  - (1) Except as permitted by article 41, or under article 51 or 52, no payment and no advance or deposit shall be made at any time in respect of election expenses of a registered political party at an ordinary election unless made in accordance with paragraph (2).

    (2) No such payment, advance or deposit shall be made - 

(a) by any or all of a group of party list candidates,

(b) by any agent on behalf of such candidates, or

(c) by any other person,

otherwise than - 

(i) by or through such candidates' election agent, or

(ii) by the registered nominating officer of the party or by any other person in accordance with arrangements for which the registered nominating officer is responsible.

    (3) Every payment made under paragraphs (1) and (2) in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

    (4) The reference in paragraph (a) to an election agent shall be taken as a reference to the election agent acting by himself or by a sub-agent.

    (5) All money provided by any person other than - 

(a) by any or all of a group of party list candidates, or

(b) by the registered nominating officer of a registered political party or by such other person as is mentioned in paragraph (2)(ii),

for any election expenses of a registered political party at an ordinary election, whether as gift, loan, advance or deposit, shall be paid in accordance with paragraph (6).

    (6) Such a gift, loan, advance or deposit shall be paid to - 

(a) any or all of a group of party list candidates or their election agent, or

(b) the registered nominating officer of the party or such other person as is mentioned in paragraph (2)(ii),

and not otherwise.

    (7) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (8) A person who makes any payment, advance or deposit in contravention of paragraphs (1) and (2), or pays in contravention of paragraphs (5) and (6) any money so provided as mentioned, shall be guilty of an illegal practice.

Registered political party at a regional election other than at an ordinary election: payment of expenses by or through election agent, registered nominating officer etc.
     40.  - (1) Where article 39 does not apply, except as permitted by article 41, or under article 51 or 52, no payment and no advance or deposit shall be made at any time in respect of election expenses of a registered political party at a regional election unless made in accordance with paragraph (2).

    (2) No such payment, advance or deposit shall be made - 

(a) by any or all of a group of party list candidates,

(b) by any agent on behalf of such candidates, or

(c) by any other person,

otherwise than - 

(i) by or through such candidates' election agent, or

(ii) by the registered nominating officer of the party or by any other person in accordance with arrangements for which the registered nominating officer is responsible.

    (3) Every payment made under paragraphs (1) and (2) in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

    (4) The reference in paragraph (2) to an election agent shall be taken as a reference to the election agent acting by himself or by a sub-agent.

    (5) Where article 39 does not apply, all money provided by any person other than - 

(a) by any or all of a group of party list candidates, or

(b) by the registered nominating officer of a registered political party or by such other person as is mentioned in paragraph (2)(ii),

for any election expenses of a registered political party at a regional election whether as a gift, loan, advance or deposit, shall be paid in accordance with paragraph (6).

    (6) Such a gift, loan, advance or deposit shall be paid to - 

(i) any or all of a group of party list candidates or their election agent, or

(ii) the registered nominating officer of the party or such other person as is mentioned in paragraph (2)(ii),



and not otherwise.

    (7) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

    (8) A person who makes any payment, advance or deposit in contravention of paragraphs (1) and (2), or pays in contravention of paragraphs (5) and (6) any money so provided as mentioned, shall be guilty of an illegal practice.

Candidate's personal expenses, and petty expenses
     41.  - (1) A candidate at an Assembly election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate may pay (subject to paragraph (2)) shall not exceed - 

(a) £600, in the case of a candidate at a constituency election, or

(b) £900, in the case of a candidate at a regional election,

and any further personal expenses incurred by him shall be paid by the election agent.

    (2) Where at an ordinary election a person is a candidate at a constituency election and an individual or a party list candidate at a regional election - 

(a) the amount of any such personal expenses paid by him in respect of both elections shall not exceed £900, but

(b) the amount of any such personal expenses paid by him in respect of the constituency election shall not exceed £600.

    (3) A candidate shall send to the election agent within the time permitted by this Order for sending in claims a written statement of the amount of personal expenses paid as mentioned in paragraph (1) by the candidate.

    (4) Any person may, if so authorised in writing by an election agent, at an Assembly election pay any necessary expenses of stationery, postage, telephonic communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

    (5) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Order for sending in claims, and shall be vouched for by a bill containing that person's receipt.

Individual candidates: prohibition of expenses not authorised by election agent etc.
     42.  - (1) Subject to article 43, no expenses shall, with a view to promoting or procuring the election of an individual candidate at an Assembly election, be incurred at such an election by any person other than - 

(a) by the candidate or his election agent, and

(b) by persons authorised in writing by the election agent,

on account - 

(i) of holding public meetings or organising any public display,

(ii) of issuing advertisements, circulars or publications,

(iii) in the case of a constituency election, of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another candidate, or

(iv) in the case of a regional election, of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing or disparaging another individual candidate or any or all of a group of party list candidates.

Provided that expenses incurred in accordance with this paragraph shall not be incurred in conjunction with any election expenses incurred by a registered political party.

    (2) But paragraph (1)(iii) or (iv) shall not - 

(a) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990[13] or Part I or II of the Broadcasting Act 1996[14], or

(b) apply to any expenses not exceeding in the aggregate - 


(i) the sum of £500, in the case of a constituency election, or

(ii) the sum of £1,000, in the case of a regional election,



which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

    (3) Where a person incurs any expense in respect of an individual candidate required by this article to be authorised by the election agent - 

(a) that person shall within 21 days after the day on which the result or results of the election are declared deliver to the appropriate returning officer a return of the amount of those expenses stating the constituency or regional election at which, and the candidate in whose support, 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 a candidate or his election agent.

    (4) 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.

    (5) A copy of every return and declaraton made under paragraph (3) in relation to an Assembly election shall be sent to the Assembly within 21 days after the day on which the result of the election is 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.

    (6) If a person - 

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

(b) knowingly makes the declaration required by paragraph (3) 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 candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this article committed by an agent without his consent or connivance.

    (7) Where any act or omission of an association or body of persons, corporate or unincoporate, 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.

Registered political party at an ordinary election: prohibition of expenses not authorised by election agent, registered nominating officer etc.
     43.  - (1) No expenses shall, with a view to promoting or procuring the election of a candidate or candidates at an ordinary election, be incurred at such an election by any person other than in accordance with paragraph (2) or article 42.

    (2) Expenses required by paragraph (1) to be incurred in accordance with this paragraph shall be incurred - 

(a) by any or all of a group of party list candidates or their election agent,

(b) by persons authorised in writing by the election agent,

(c) by the registered nominating officer of a registered political party, and

(d) by any other person in accordance with arrangements for which the registered nominating officer is responsible,

on account - 

(i) of holding public meetings or organising any public display,

(ii) of issuing advertisements, circulars or publications, or

(iii) of otherwise presenting to the electors the candidate or any or all the candidates or his or their views or the extent of his or their backing or disparaging an individual candidate or any or all of another group of party list candidates.

    (3) But paragraph (2)(iii) shall not - 

(a) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996, or

(b) apply to any expenses not exceeding in the aggregate the sum of £1,000 in relation to a particular regional election which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

Registered political party at regional elections other than at an ordinary election: prohibition of expenses not authorised by election agent, registererd nominating officer etc.
     44.  - (1) Where article 43 does not apply, no expenses shall, with a view to promoting or procuring the election of party list candidates at a regional election, be incurred at such an election by any person other than in accordance with paragraph (2).

    (2) Expenses required by paragraph (1) to be incurred in accordance with this paragraph shall be incurred - 

(a) by any or all of a group of party list candidates or their election agent,

(b) by persons authorised in writing by the election agent,

(c) by the registered nominating officer of a registered political party, and

(d) by any other person in accordance with arrangements for which the registered nominating officer is responsible,

on account - 

(i) of holding public meetings or organising any public display,

(ii) of issuing advertisements, circulars or publications, or

(iii) of otherwise presenting to the electors any or all the candidates or their views or the extent of their backing or disparaging an individual candidate or any or all of another group of party list candidates.

    (3) But paragraph (2)(iii) shall not - 

(a) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996, or

(b) apply to any expenses not exceeding in the aggregate the sum of £1,000 in relation to the regional election which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others or to expenses incurred by any person in travelling or in living away from home or similar personal expenses.

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.

Individual candidate: limitation of election expenses
     46.  - (1) No sum shall be paid and no expense shall be incurred by - 

(a) a candidate or his election agent at a constituency election, or

(b) an individual candidate or his election agent at a regional election,

whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount specified in this article, and a candidate or election agent knowingly acting in contravention of this paragraph shall be guilty of an illegal practice.

    (2) The maximum amount is - 

(a) at an ordinary election, for a candidate at a constituency election - 


(i) for an Assembly constituency which is coterminous with a parliamentary constituency which is a county constituency, £5,229 together with an additional 5.9p for every entry in a register of electors to be used at the election (as first published), and

(ii) for an Assembly constituency which is coterminous with a parliamentary constituency which is a borough constituency, £5,229 together with an additional 4.4p for every entry in a register of electors to be used at the election (as first published),



(b) at an election to fill a casual vacancy, for a candidate at a constituency election - 



(i) for an Assembly constituency which is coterminous with a parliamentary constituency which is a county constituency, £20,920 together with an additional 23.4p for every entry in a register of electors to be used at the election (as first published), and

(ii) for an Assembly constituency which is coterminous with a parliamentary constituency which is a borough constituency, £20,920 together with an additional 17.8p for every entry in a register of electors to be used at the election (as first published),



(c) for an individual candidate at a regional election at an ordinary election, the aggregate of the maximum amounts under sub-paragraph (a)(i) or (ii) as apply, or would apply, at that time at a constituency election in respect of each Assembly constituency in the Assembly electoral region for which the election is held, and

(d) for an individual candidate at a regional election other than at an ordinary election, the aggregate of the maximum amounts under sub-paragraph (b)(i) or (ii) as apply, or would apply, at that time at a constituency election in respect of each Assembly constituency in the Assembly electoral region for which the election is held.

    (3) If a register to be used at an Assembly election is not published before the day of publication of the notice of election then for any reference in paragraph (2) to an entry in that register shall be substituted a reference to an entry in the electors list for that register as first published which gives the name of a person appearing from those lists to be entitled to be registered.

    (4) The maximum amount mentioned for an individual candidate at an Assembly election is not required to cover his personal expenses.

    (5) Where at a constituency election notice of poll is countermanded or the poll is abandoned by reason of a candidate's death, the maximum amount of election expenses shall, for any of the other candidates who then remain validy nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.

    (6) The maximum amount mentioned for a candidate shall not be affected by the change in the timing of an Assembly election or of any step in the proceedings at an Assembly election.

Registered political party at an ordinary election: limitation of election expenses
     47.  - (1) No sum shall be paid and no expense shall be incurred by a registered political party at an ordinary election whether before, during or after such an election, on account of or in respect of the conduct or management of the ordinary election, in excess of the maximum amount specified in paragraph (2).

    (2) The maximum amount referred to in paragraph (1) is £600,000.

Registered political party at a regional election other than at an ordinary election: limitation of election expenses.
     48.  - (1) Where article 47 does not apply, no sum shall be paid and no expense shall be incurred by a registered political party at a regional election whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount specified in paragraph (2).

    (2) The maximum amount referred to in paragraph (1) is £300,000.

Provisions supplemental to articles 47 and 48
     49.  - (1) Any person knowingly acting in contravention of article 47 or 48 shall be guilty of an illegal practice.

    (2) The maximum amounts mentioned in articles 47 and 48 are not required to cover the personal expenses of party list candidates.

    (3) The maximum amounts mentioned in articles 47 and 48 shall not be affected by the change in the timing of a regional election or of any step in the proceedings at a regional election.

    (4) Where expenditure is incurred by a registered political party in excess of the maximum amount set out in article 47 or 48 (whether or not an offence has also been committed under paragraph (1)), the registered nominating officer of the party shall be deemed guilty of an 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.

    (5) A person who is guilty of an offence under paragraph (4) shall be liable - 

(a) on conviction on indictment, to a fine, or

(b) on summary conviction to a fine not exceeding the statutory maximum.

[14] 1996 c. 55.back