Article 42 Individual candidates: prohibition of expenses not authorised by election agent etc.

(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^f1 or Part I or II of the Broadcasting Act 1996^f2, 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.

Annotations

Footnotes

f1: 1990 c. 42.
f2: 1996 c. 55.