Article 51 Time for sending in and paying claims

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 51 ceased to have effect by National Assembly for Wales (Representation of the People) 2002 art. 16(4)
art. 51 words substituted by National Assembly for Wales (Representation of the People) 2002 art. 16(7)(a)
art. 51(11) omitted by National Assembly for Wales (Representation of the People) 2002 art. 16(7)(b)

(1)

Every claim against—

(a)

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

Every claim against—

(a)

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

(b)

the registered nominating officer of a registered political party or any other person arising in accordance with arrangements for which the registered nominating officer is responsible,

at an ordinary election or at a regional election other than at an ordinary election in respect of election expenses which is not sent in—

(i)

to the election agent, where sub-paragraph (a) applies, or

(ii)

to the registered nominating officer or to such other person as is mentioned in sub-paragraph (b), where that sub-paragraph applies,

within 21 days after the day of the ordinary election or 21 days after the day on which the results of the election are declared shall be barred and not paid.

(3)

All election expenses shall be paid within 28 days after the day set out in paragraph (1) or, as the case may be, (2).

(4)

Any person who pays a claim in contravention of paragraph (1) or (2) or makes a payment in contravention of paragraph (3) shall be guilty of an illegal practice.

(5)

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 a candidate at a constituency election or an individual candidate at a regional election—

(a)

the candidate’s election shall not be void, nor

(b)

shall he be subject to any incapacity under this Order by reason only of that payment having been made in contravention of this article.

(6)

Where the election court reports that it has been proved to the court that any payment so made was by an election agent, a registered nominating officer of a registered political party or such other person as is mentioned in paragraph (2)(b) without the sanction or connivance of a party list candidate at a regional election—

(a)

the candidate’s election shall not be void, nor

(b)

shall that candidate be subject to any incapacity under this Order by reason only of that payment having been made in contravention of this article.

(7)

In respect of a claim, the payment of which is otherwise barred by paragraph (1)—

(a)

a claimant,

(b)

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

(c)

an individual candidate or his election agent at a regional election,

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.

(8)

In respect of a claim, the payment of which is otherwise barred by paragraph (2)—

(a)

a claimant,

(b)

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

(c)

the registered nominating officer of a registered political party, or

(d)

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

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—

(i)

to a candidate or candidates and not as required to the election agent,

(ii)

to the election agent and not as required to the registered nominating officer or to such other person as is mentioned in paragraph (2)(b), or

(iii)

to the registered nominating officer or to such other person as is mentioned in paragraph (2)(b) and not as required to the election agent,

and the court on cause to their satisfaction may by order grant the leave.

(9)

Any sum specified in the order of leave under paragraph (7) 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 (3).

(10)

Any sum specified in the order of leave under paragraph (8) may be paid—

(a)

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

(b)

by the registered nominating officer of a registered political party or by any other person in accordance with arrangements for which the registered nominating officer is responsible,

and when paid in pursuance of the leave shall not be deemed to be in contravention of paragraph (3).

(11)

The jurisdiction vested by paragraph (7) and (8) 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, or by a master of the Supreme Court in manner directed by and subject to appeal to those judges.

(12)

The jurisdiction vested by paragraph (7) and (8) in a county court may be exercised otherwise than in open court.

(13)

An appeal lies to the High Court from any order of a county court made by virtue of paragraph (7) or (8).