Statutory Instruments 1999 No. 450

from a candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they may have been received.

    (5) Where a party list candidate is the election agent for the candidates on the list, a statement of all money and securities and equivalent of money paid by the candidate shall be added in the return as to election expenses to the statement of money, securities and equivalent of money received by the election agent from the candidates.

    (6) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 51(8) for any claims to be paid the registered nominating officer shall, within seven days after its payment, deliver to the Assembly a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he or they shall be deemed to have failed to comply with requirements of this article without such authorised excuse as is mentioned in article 61.

    (7) With reference to the discharge of functions under this article by a registered nominating officer, it shall be the duty of any person who is or has been an election agent or sub-agent for a group of party list candidates of a registered political party at a regional election to co-operate with that party's registered nominating officer (and, in particular, to supply to the registered nominating officer such particulars as he may reasonably require).

Individual candidate at Assembly elections: declarations as to election expenses
     56. - (1) Each return delivered under article 54(1) shall be accompanied by a declaration made by the election agent in the form set out in English and Welsh in Schedule 6.

    (2) At the same time the election agent delivers that return, or within seven days thereafter -

(a) each candidate at a constituency election, and

(b) each individual candidate at a regional election,

shall deliver to the appropriate returning officer a declaration made by him in the form set out in English and Welsh in that Schedule.

(3) Where a candidate is out of the United Kingdom when the return is so delivered -

(a) the declaration required by paragraph (2) may be made by him within 14 days after his return to the United Kingdom, and

(b) in that case, the declaration shall be forthwith delivered to the appropriate returning officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

(4) A declaration as to election expenses under this article may be made either before a justice of the peace or before any person who is the chairman or proper officer of a county or county borough council in Wales.

(5) Where -

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

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

the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form set out in English and Welsh in Schedule 6.

    (6) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Registered political party: declarations as to election expenses
     57. - (1) Each return delivered under article 55(1) shall be accompanied by a declaration made by the registered nominating officer in the form set out in English and Welsh in Schedule 6.

    (2) At the same time the registered nominating officer delivers that return, or within seven days thereafter, each party list candidate at a regional election at an ordinary election or a regional election (other than at an ordinary election) shall deliver to the Assembly a declaration made by that candidate in the form set out in English and Welsh in that Schedule.

    (3) Where a candidate is out of the United Kingdom when the return is so delivered -

but the delay authorised by this provision in making the declaration shall not exonerate the registered nominating officer from complying with the provisions of this Order relating to the return and declaration as to election expenses.

    (4) A declaration as to election expenses under this article may be made either before a justice of the peace or before any person who is the chairman or proper officer of a county or county borough council in Wales.

    (5) If a candidate or registered nominating officer knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Where no return and declarations are needed at Assembly election
     58. Notwithstanding anything in articles 54 to 57, no return or declaration as to election expenses shall be required in the case of a person -

(a) who is a candidate at an Assembly election, but is so only because he has been declared by others to be a candidate, and

(b) who has not consented to the declaration or taken any part as a candidate at the election.

Penalty for failure as respects return of declarations
59. Subject to the provisions of article 61, if any candidate, election agent or registered nominating officer fails to comply with the requirements of articles 54 to 57 he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declarations are delivered etc.
60. - (1) If -

(a) in the case of a candidate at a constituency election or an individual candidate at a regional election, the return and declarations as to election expenses, or

(b) in the case of a party list candidate his declaration as to election expenses,

are not delivered before the expiry of the time limited for the purpose, the candidate shall not, after the expiry of that time, sit or vote in the Assembly as member for the Assembly constituency or electoral region for which the election was held until either -

(i) where sub-paragraph (a) applies, that return and those declarations have been delivered,

(ii) where sub-paragraph (b) applies, that declaration has been delivered, or

(iii) the date of the allowance of an authorised excuse for the failure to deliver that return and those declarations or, as the case may be, that declaration,

and if he sits or votes in contravention of this paragraph he shall forfeit �100 for every day on which he so sits or votes.

(2) Civil proceedings for a penalty under this article shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.

(3) For the purpose of paragraph (2) -

(a) where the service or execution of the writ or other process on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of a writ or other process shall be deemed to be a commencement of a proceeding, but,

(b) where sub-paragraph (a) does not apply, the service or execution of the writ or other process on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.

Authorised excuses for failures as to return and declarations
61. - (1) An individual or party list candidate, an election agent, or a registered nominating officer for a registered political party may apply for relief under this article to -

(a) the High Court,

(b) an election court, or

(c) a county court.

(2) Where an application is made under this article the person making the application shall notify the Director of Public Prosecutions of the application and the Director or his assistant or any barrister, advocate or solicitor duly appointed as the Director's representative may attend the hearing of the application and make representations at the hearing in respect of it.

(3) Relief under this article may be granted -

(a) to an individual candidate, in respect of any failure to deliver the return and declarations as to election expenses, or any part of them, or in respect of any error or false statement in them,

(b) to a party list candidate in respect of any failure to deliver the declaration as to election expenses which he was required to deliver, or any part of it, or in respect of any error or false statement in it,

(c) to an election agent, in respect of any failure to deliver the return and declaration as to election expenses which he was required to deliver, or any part of them or in respect of any error or false statement in them, or

(d) to a registered nominating officer, in respect of any failure to deliver the return and declaration as to election expenses which he was required to deliver, or any part of them, or in respect of any error or false statement in them.

(4) The application for relief may be made on the ground that the failure, error or false statement arose -

(a) by reason of the applicant's illness,

(b) where the applicant is a candidate, by reason of the absence, death, illness or misconduct -

(d) where the applicant is a registered nominating officer, by reason of the absence, death, illness or misconduct -

(e) by reason of inadvertence or any reasonable cause of a like nature,

and not by reason of any want of good faith on the applicant's part.

(5) The court may -

(a) after such notice of the application in the Assembly constituency or electoral region for which the election was held, as it considers fit, and

(b) on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit,

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

(6) Where it is proved to the court by an individual candidate -

(a) that any act or omission of the election agent in relation to the return or declarations was without the sanction or connivance of the candidate, and

(b) that the candidate took all reasonable means for preventing the act or omission,

the court shall relieve the candidate from the consequences of the act or omission of his election agent.

    (7) An order under paragraph (5) may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part.

    (8) An order under paragraph (5) shall relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order.

    (9) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

    (10) The jurisdiction vested by the foregoing provisions of this article in the High Court in matters relating to Assembly elections shall, subject to the rules of court, be exercised by one of the judges for the time being on the rota for the trial of parliamentary election petitions sitting either in court or at chambers, but shall not be exercisable by a master.

    (11) The jurisdiction vested by this article in a county court may be exercised other than in open court.

    (12) An appeal lies to the High Court from any order of a county court made by virtue of this article.

Notes:

[15] 1981 c. 54.back



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Prepared 19 April 1999