Office of Public Sector Information
37.—(1) At an Assembly election, not later than the latest time for delivery of notices of withdrawal of candidature, a person shall be named by, or on behalf of—
(a) each constituency candidate; and
(b) each individual candidate, in the case of a regional election,
as the candidate’s election agent, and the name and address of the candidate’s election agent shall be declared in writing by the candidate, or some other person on his behalf, to the appropriate returning officer not later than that time.
(2) A constituency or an individual candidate at a regional election may name himself as election agent.
(3) At a regional election, not later than the latest time for delivery of notices of withdrawal of candidature, a person shall be named by, or on behalf of, each registered political party submitting a party list as the election agent for that party in relation to that list, and that person’s name and address shall be declared in writing by or on behalf of that party’s registered nominating officer to the regional returning officer not later than that time.
(4) A candidate included on a registered political party’s party list may be named as election agent for that party in relation to that party list.
(5) Where a candidate has been named or has named himself as an election agent, so far as circumstances permit, he shall be subject to the provisions of this Order both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity as election agent.
(6) One election agent only shall be appointed for—
(a) each constituency candidate;
(b) each individual candidate at a regional election; and
(c) each registered political party that has submitted a party list at a regional election,
but the appointment, whether the election agent appointed be a candidate himself or not, may be revoked.
(7) If (whether before, during or after the election) the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate returning officer.
(8) The declaration as an election agent of a person other than—
(a) a constituency or an individual candidate; or
(b) in relation to a registered political party that has submitted a party list, the candidate whose name appears first on the list,
shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.
(9) Upon the name and address of an election agent being declared to the appropriate returning officer—
(a) the appropriate returning officer shall forthwith give public notice of that name and address; and
(b) in the case of a regional election, the regional returning officer shall forthwith give notice of that name and address to the constituency returning officer for each Assembly constituency in the Assembly electoral region.
38.—(1) At an Assembly election an election agent, subject to the provisions of this article, may appoint to act in any part of—
(a) the Assembly constituency, in the case of a constituency election; or
(b) the Assembly electoral region, in the case of a regional election,
one, but not more than one, deputy election agent (in this Order referred to as a sub-agent).
(2) As regards matters in the part of an Assembly constituency or electoral region for which there is a sub-agent the election agent may act by the sub-agent and—
(a) anything done for the purposes of this Order by or to the sub-agent in his part of the Assembly constituency or electoral region shall be deemed to be done by or to the election agent;
(b) any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Order shall be an illegal practice or offence against this Order committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and
(c) a candidate shall suffer the like incapacity as if that act or default had been the election agent’s act or default.
(3) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate returning officer, and—
(a) the returning officer shall forthwith give public notice of the name and address of every sub-agent so declared; and
(b) in the case of a regional election, the regional returning officer shall forthwith give notice of that name and address to the constituency returning officer for each Assembly constituency in any part of which the sub-agent is appointed to act.
(4) The appointment of a sub-agent—
(a) shall not be vacated by the election agent who appointed him ceasing to be election agent; but
(b) may be revoked by whoever is for the time being the election agent,
and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give the like notice required by paragraph (3)(a) and, if applicable, (b).
(5) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (3) or (4) shall specify the part of the Assembly constituency or electoral region within which any sub-agent is appointed to act.
39.—(1) Every election agent and every sub-agent shall have an office to which all claims, notices, legal processes and other documents may be sent, and the address of the office shall be—
(a) declared to the appropriate returning officer at the same time as the appointment of the agent is declared to him;
(b) stated in the public notice under article 37(9)(a) or 38(3)(a); and
(c) in the case of a regional election, stated in the notice to the constituency returning officers under article 37(9)(b) or 38(3)(b).
(2) The office—
(a) of an election agent for a constituency election shall be—
(i) in the Assembly constituency for which the election is held or an adjoining Assembly constituency; or
(ii) in a county or county borough which is partly comprised in or adjoins the first mentioned Assembly constituency;
(b) of an election agent for a regional election shall be in the Assembly electoral region; and
(c) of a sub-agent shall be in the area within which he is appointed to act.
(3) Any claim, notice, legal process or other document delivered at the office of the election agent or sub-agent and addressed to him, shall be deemed to have been served on him and every election agent or sub-agent may, in respect of any matter connected with the election in which he is acting, be sued in any court having jurisdiction at the place where his office is situated.
40.—(1) If no person’s name and address is given as required by article 37 as the election agent of a constituency or individual candidate who remains validly nominated at the latest time for delivery of notices of withdrawal of candidature, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent.
(2) If no person’s name and address is given as required by article 37 as the election agent of a registered political party which has submitted a party list at the latest time for delivery of notices of withdrawal of candidature, the candidate whose name appears first on the list shall be deemed at that time to have been named as election agent and any appointment of another person as that party’s election agent shall be deemed to have been revoked.
(3) This paragraph applies if—
(a) the person whose name and address have been so given as those of an election agent for a constituency or an individual candidate (not being the candidate himself) or a registered political party dies; and
(b) a new appointment is not made on the day of the death or on the following day.
(4) Where paragraph (3) applies—
(a) in the case of a constituency candidate or an individual candidate at a regional election, he shall be deemed to have appointed himself as from the time of death; and
(b) in the case of the death of an election agent for a registered political party at a regional election—
(i) the candidate whose name appears first on the list shall be deemed to have been appointed from the time of death; or
(ii) where paragraph (3) applies through the death of such a candidate, the candidate whose name appears next highest on the list shall be deemed to have been appointed from the time of death.
(5) If the appointment of an election agent is revoked without a new appointment being made—
(a) in the case of a constituency candidate or an individual candidate at a regional election, the candidate himself shall be deemed to have been appointed (or re-appointed) election agent; and
(b) in the case of a registered political party the candidate whose name appears first on that party’s list shall be deemed to have been appointed (or re-appointed) election agent.
(6) The deemed appointment of an election agent may be revoked as if it were an actual appointment.
(7) Where a candidate is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given for that purpose in his consent to nomination under rule 9 of Schedule 5.
(8) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under articles 37 and 39.
41.—(1) In the case of any constituency or individual candidate at an Assembly election, any money or other property provided (whether as a gift or loan)—
(a) by any person other than the candidate or his election agent; and
(b) for the purpose of meeting election expenses incurred by or on behalf of the candidate,
must be provided to the candidate or his election agent.
(2) Paragraph (1) does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent.
(3) A person who provides any money or other property in contravention of paragraph (1) shall be guilty of an illegal practice.
(4) Schedule 6 has effect for the purpose of controlling donations to constituency and individual candidates at an Assembly election.
(5) In this article and that Schedule “property” includes any description of property and references to the provision of property accordingly include the supply of goods.
42. For the purpose of this Part of this Order, sums paid or expenses incurred by, or in respect of, a candidate at a constituency election in respect of whom the constituency returning officer has received a certificate issued by the registered nominating officer of a registered political party under rule 5(1) or, as the case may be, (3) of Schedule 5, are not to be regarded as having been paid or incurred by that party(33).
43.—(1) Subject to paragraph (4), no payment (of whatever nature) shall be made by—
(a) a constituency or individual candidate at an Assembly election; or
(b) any other person,
in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.
(2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.
(3) The references in paragraphs (1) and (2) to an election agent shall be taken as references to the election agent acting by himself or by a sub-agent.
(4) This article does not apply to—
(a) any expenses which are, in accordance with article 44(1) or (2), 49(6) or 50(2), paid by the candidate;
(b) any expenses which are paid in accordance with article 44(4) by a person authorised as mentioned in that provision;
(c) any expenses included in a declaration made by the election agent under article 45; or
(d) any expenses which are regarded as incurred by or on behalf of the candidate by virtue of article 63(5).
(5) A person who makes any payment (of whatever nature) in contravention of paragraph (1) shall be guilty of an illegal practice.
44.—(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 shall not exceed—
(a) £600, in the case of a constituency candidate; 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) A candidate at an Assembly election may also pay any election expenses (other than expenses falling within paragraph (1)) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.
(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 expenses paid as mentioned in paragraph (1) or (2) 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.
(6) Articles 49 and 50 do not apply to expenses which, in accordance with any provision of this article, are paid otherwise than by the candidate’s election agent.
45.—(1) Articles 43, 49 and 50 shall not apply to election expenses—
(a) which are incurred by or on behalf of the candidate otherwise than for the purposes of the candidate’s election; but
(b) which by virtue of article 63(1) fall to be regarded as election expenses by reason of the property, services or facilities in respect of which they are incurred being used for the purposes of the candidate’s election.
(2) The candidate’s election agent shall make a declaration of the amount of any election expenses falling within paragraph (1).
(3) In this article “for the purposes of the candidate’s election” has the same meaning as in articles 63 and 64.
46.—(1) No expenses shall, with a view to promoting or procuring the election of a constituency or individual candidate at an Assembly election, be incurred after he becomes a candidate at that election by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account—
(a) of holding public meetings or organising any public display; or
(b) of issuing advertisements, circulars or publications; or
(c) 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
(d) 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 a registered political party or any or all of its party list candidates.
(2) Sub-paragraph (c) or (d) of paragraph (1) does not restrict the publication of any matter relating to the election in—
(a) a newspaper or other periodical;
(b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru; or
(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990(34) or Part 1 or 2 of the Broadcasting Act 1996(35).
(3) Paragraph (1) does not apply to any expenses incurred by any person—
(a) which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action); or
(b) in travelling or living away from home or similar personal expenses.
(4) For the purposes of paragraph (3)(a)—
(a) expenses shall be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (3)(a)) fall within paragraph (1); and
(b) “the permitted sum” is £500 in the case of a constituency election and £1,000 in the case of a regional election.
(5) Where a person incurs any expenses in respect of a 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 of the election is 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.
(6) The return and declaration under the foregoing provisions of this article shall be in forms CU and CV set out in English and Welsh in Schedule 10, and the authority received from the election agent shall be annexed to and deemed to be part of the return.
(7) The appropriate returning officer shall forward to the relevant registration officer every document sent to him in pursuance of paragraph (5), and rule 69(1) of Schedule 5 shall apply to any document sent to the relevant registration officer under this paragraph.
(8) 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 (5) falsely,
he shall be guilty of a corrupt practice.
(9) 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.
(10) The court before whom a person is convicted under paragraph (8) or (9) may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 123.
(11) A candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under paragraph (8) or (9) committed by an agent without his consent or connivance.
(12) 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.
(13) For the purposes of paragraph (1) expenditure incurred before the date when a person becomes a candidate at the election is to be treated as having been incurred after that date if it is incurred in connection with anything which is used or takes place after that date.
47.—(1) The election expenses incurred by or on behalf of a constituency or individual candidate at an Assembly election must not in the aggregate exceed the appropriate maximum amount specified in paragraph (3).
(2) Where any election expenses are incurred in excess of the appropriate maximum amount specified in paragraph (3), any candidate or election agent who—
(a) incurred, or authorised the incurring of, the election expenses; and
(b) knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount,
shall be guilty of an illegal practice.
(3) The maximum amount is—
(a) at an Assembly general election, for a constituency candidate—
(i) for an Assembly constituency which is coterminous with a parliamentary constituency which is a county constituency, £7,150 together with an additional 7p for every entry in the register of electors; and
(ii) for an Assembly constituency which is coterminous with a parliamentary constituency which is a borough constituency, £7,150 together with an additional 5p for every entry in the register of electors;
(b) for a constituency candidate at an election to fill a casual vacancy, £100,000; and
(c) for an individual candidate at a regional 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.
(4) In paragraph (3) “the register of electors” means the register for the Assembly constituency or Assembly electoral region in question as it has effect on the last day for publication of notice of the election.
(5) The maximum amount mentioned in paragraph (3) for a candidate at an Assembly election is not required to cover his personal expenses.
(6) Where at a constituency election—
(a) notice of poll is countermanded or the poll is abandoned by reason of a candidate’s death pursuant to rule 73 of Schedule 5; or
(b) the majority of votes at a poll is given to a deceased candidate and a new notice of election is published pursuant to rule 71 of Schedule 5,
the maximum amount of election expenses shall, for any of the other candidates who then remain validly 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.
(7) The maximum amount mentioned in paragraph (3) 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.
48.—(1) The Secretary of State may by order vary any of the sums to which this article applies—
(a) where he considers that the variation is expedient in consequence of changes in the value of money; or
(b) in order to give effect to a recommendation of the Commission.
(2) This article applies to any of the sums for the time being specified in articles 43(2), 44(1), or 47(3).
(3) A statutory instrument containing an order under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament and for the purpose of section 1 of the Statutory Instruments Act 1946 this provision shall have effect as if contained in an Act of Parliament.
49.—(1) Every claim against—
(a) a constituency candidate or his election agent; or
(b) an individual candidate or his election agent at a regional election,
in respect of election expenses which is not sent in to the election agent within 21 days after the day on which the result or results of the election are declared shall be barred and not paid.
(2) All election expenses shall be paid not later than 28 days after the day set out in paragraph (1).
(3) Any person who pays a claim in contravention of paragraph (1) or makes a payment in contravention of paragraph (2) shall be guilty of an illegal practice.
(4) Where the election court reports that it has been proved to the court that any payment so made was by an election agent without the sanction or connivance of the candidate—
(a) the candidate’s election shall not be void;
(b) nor shall he be subject to any incapacity under this Order by reason only of that payment having been made in contravention of this article.
(5) In respect of a claim, the payment of which is otherwise barred by paragraph (1)—
(a) a claimant; or
(b) a constituency or individual candidate or his election agent,
may apply to the High Court or to a county court for leave to pay the claim although sent in after the period of 21 days or although sent in to a candidate and not as required to the election agent, and the court on cause shown to their satisfaction may by order grant the leave.
(6) Any sum specified in the order of leave under paragraph (5) may be paid by a candidate or his election agent, and when paid in pursuance of the leave shall not be deemed to be in contravention of paragraph (2).
50.—(1) If an election agent disputes any claim sent in within the period of 21 days mentioned in article 49(1) or refuses or fails to pay the claim within the period of 28 days mentioned in article 49(2) the claim shall be deemed to be a disputed claim.
(2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by a constituency or an individual candidate in pursuance of the judgement or order of the court shall not be deemed to be in contravention of article 43(1) or 49(2).
(3) Article 49(5) and (6), applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.
51. So far as circumstances admit, this Order applies to an election agent’s claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Order and shall be dealt with accordingly.
52.—(1) Within 35 days after the day on which the result or results of an Assembly election are declared the election agent of every—
(a) candidate, in the case of a constituency election; and
(b) individual candidate, in the case of a regional election,
at the election shall deliver to the appropriate returning officer a true return in manner as provided for in paragraph (8), containing as respects that candidate—
(i) a statement of all election expenses incurred by or on behalf of the candidate; and
(ii) a statement of all payments made by the election agent together with all bills or receipts relating to the payments.
(2) A return under this section must—
(a) specify the poll by virtue of which the return is required;
(b) specify the name of the candidate to whom the return relates and of the candidate’s election agent; and
(c) deal under a separate heading with any expenses in respect of which a return is required by virtue of article 46(5).
(3) The return shall also contain as respects that candidate—
(a) a statement relating to such other expenses in connection with which provision is made by this Part as the Commission provide in regulations(36);
(b) a statement relating to such claims (whether paid, unpaid or disputed) in connection with such election expenses or such other expenses mentioned in sub-paragraph (a) as the Commission so provide; and
(c) a statement relating to such other matters as the Commission may provide in regulations.
(4) Until the coming into force of the first regulations made by the Commission under paragraph (3), the return shall also contain as respects that candidate—
(a) a statement of all payments made—
(i) by the candidate in accordance with article 44(1) or (2); or
(ii) by any other person in accordance with article 44(4),
together with all bills or receipts relating to any such payments made;
(b) a statement of all disputed claims of which the election agent is aware;
(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court or county court;
(d) any declarations of value falling to be made by the candidate’s election agent by virtue of article 45(2) or 64(2);
(e) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the candidate by virtue of article 63(5)(b);
(f) a statement of donations made to the candidate or his election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 6; and
(g) a statement of the amount, if any, of money provided by the candidate from his own resources for the purpose of meeting election expenses incurred by him or on his behalf.
(5) Paragraph (6) shall apply where, after the date at which the return as to election expenses is delivered, leave is given by the court under article 49(5) for any claims to be paid.
(6) The candidate or, as the case may be, his election agent shall, within seven days after its payment, deliver to the appropriate returning officer 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 shall be deemed to have failed to comply with the requirements of this article without such authorised excuse as is mentioned in article 58.
(7) Any regulations under paragraph (3) may make different provision for different purposes and may contain such incidental, supplemental, saving or transitional provisions as the Commission thinks fit.
(8) The return shall be in form CW set out in English and Welsh in Schedule 10.
53.—(1) Each return delivered under article 52(1) shall be accompanied by a declaration made by the election agent in form CX set out in English and Welsh in Schedule 10.
(2) At the same time as the election agent delivers that return, or within seven days thereafter each constituency or individual candidate shall deliver to the appropriate returning officer a declaration made by him in the form CX 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) Where a constituency candidate or an individual candidate 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 CX set out in English and Welsh in Schedule 10.
(5) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.
54.—(1) At the same time as the treasurer of a registered political party delivers a return under section 80 of the 2000 Political Parties Act, or within 7 days thereafter, each candidate on a party list submitted by that party shall deliver to the regional returning officer a declaration made by that candidate in form CY set out in English and Welsh in Schedule 10.
(2) Where any such candidate is out of the United Kingdom when the return is so delivered—
(a) the declaration required by paragraph (1) may be made by him within 14 days after his return to the United Kingdom; and
(b) in that case, the declaration shall forthwith be delivered to the regional returning officer,
but the delay authorised by this article in making the declaration shall not exonerate the treasurer of the registered political party from complying with the provisions of the 2000 Political Parties Act relating to the return of party expenditure.
(3) If a person knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.
55. Notwithstanding anything in article 52, 53 or 54, 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.
56. Subject to the provisions of article 58, if any candidate or election agent fails to comply with the requirements of article 52, 53 or 54 he shall be guilty of an illegal practice.
57.—(1) If—
(a) in the case of a constituency or individual candidate, 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; or
(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.
(2) If he sits or votes in contravention of paragraph (1) he shall forfeit £100 for every day on which he so sits or votes.
(3) 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.
(4) For the purpose of paragraph (3)—
(a) where the service or execution of legal process on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of legal 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 legal process on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.
58.—(1) A candidate or an election agent may apply for relief under this article to the High Court, an election court or a county court.
(2) Where an application is made under this article the person or persons 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 a 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; or
(b) 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.
(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—
(i) of his election agent or sub-agent; or
(ii) of any clerk or officer of such agent;
(c) where the applicant is an election agent—
(i) by reason of the death or illness of any prior election agent of the candidate; or
(ii) by reason of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent of the candidate; or
(d) 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 a 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.
In relation to party list candidates, their expenses are generally treated as expenditure by the registered political party on whose list they appear and is regulated by Part 5 of the Political Parties, Elections and Referendums Act 2000. Back [33]
see Paragraphs 21 to 23 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000 as to regulations made by the Commission. Back [36]
The National Assembly for Wales (Representation of the People) Order 2007