OpenLegislation

Section 76ZA Limitation of pre-candidacy election expenses for certain general electionsF1F2C1

United Kingdom

(1)

This section applies where—

(a)

a Parliament is not dissolved until after the period of 55 months beginning with the day on which that Parliament first met (“the 55-month period”),

(b)

election expenses are incurred by or on behalf of a candidate at the parliamentary general election which follows the dissolution, and

(c)

the expenses are incurred in respect of a matter which is used during the period beginning immediately after the 55-month period and ending with the day on which the person becomes a candidate at that election.

For the purposes of this section, section 90ZA(1) has effect with the omission of the words “after the date when he becomes a candidate at the election”.

(2)

Election expenses incurred as mentioned in subsection (1) must not in the aggregate exceed the permitted amount, which is the relevant percentage of the following sum—

(a)

for a candidate at an election in a county constituency, F3£40,220 plus F412p for every entry in the register of electors;

(b)

for a candidate at an election in a borough constituency, F5£40,220 plus F68p for every entry in the register of electors.

(3)

The relevant percentage is—

(a)

100% where the dissolution was during F7... the 60th month of the Parliament;

(b)

90% where the dissolution was during its 59th month;

(c)

80% where the dissolution was during its 58th month;

(d)

70% where the dissolution was during its 57th month;

(e)

60% where the dissolution was during its 56th month.

For the purposes of this subsection, the “56th month” of a Parliament is the month beginning immediately after the 55-month period; and so on.

(4)

In subsection (2) above “the register of electors” means the register of parliamentary electors for the constituency in question as it has effect on the last day for publication of notice of the election.

(5)

Where election expenses are incurred as mentioned in subsection (1) in excess of the permitted amount, 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 amount,

shall be guilty of an illegal practice.

(6)

The candidate's personal expenses do not count towards the permitted amount.

Annotations

Textual amendments

F1

S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2

S. 76ZA inserted (25.11.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 21(1), 43(1) (with s. 21(2)); S.I. 2009/3084, art. 3(a)

F3

Sum in s. 76ZA(2)(a) substituted (21.11.2023) by The Representation of the People (Variation of Election Expenses, Expenditure Limits and Donation etc. Thresholds) Order 2023 (S.I. 2023/1235), arts. 1(2), 2(3)(a)(i)

F4

Sum in s. 76ZA(2)(a) substituted (21.11.2023) by The Representation of the People (Variation of Election Expenses, Expenditure Limits and Donation etc. Thresholds) Order 2023 (S.I. 2023/1235), arts. 1(2), 2(3)(a)(ii)

F5

Sum in s. 76ZA(2)(b) substituted (21.11.2023) by The Representation of the People (Variation of Election Expenses, Expenditure Limits and Donation etc. Thresholds) Order 2023 (S.I. 2023/1235), arts. 1(2), 2(3)(b)(i)

F6

Sum in s. 76ZA(2)(b) substituted (21.11.2023) by The Representation of the People (Variation of Election Expenses, Expenditure Limits and Donation etc. Thresholds) Order 2023 (S.I. 2023/1235), arts. 1(2), 2(3)(b)(ii)

F7

Words in s. 76ZA(3)(a) omitted (24.3.2022) by virtue of Dissolution and Calling of Parliament Act 2022 (c. 11), s. 6(3), Sch. para. 6

Modifications

C1

Ss. 73-90D restricted (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 7(2) (with reg. 7(8))

Notes on Part II

Modifications

C1

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1), Rules, 2, 6

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215), Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule 1(4), Sch. 1)

C2

Pt. 2 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)

C3

Pt. 2 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)

C4

Pt. 2 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)

C5

Pt. 2 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)

C6

Pt. 2 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)

C7

Pt. 2 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)

C8

Pt. 2 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)

C9

Pt. 2 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)

C10

Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)

C11

Pt. 2 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rules 1(2)(3), 6 (as amended (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 2 para. 6 (with reg. 12(d)))

C12

Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)