Article 43 Time for sending in and paying claims

(1)

Every claim against–

(a)

a candidate for return as a constituency member or his election agent; or

(b)

an individual candidate for return as a regional member or his election agent,

in respect of election expenses which is not sent in to the election agent within 21 days after the day on which the result of the election is declared shall be barred and not paid.

(2)

Every claim against–

(a)

any registered party submitting a regional list or any candidate appearing on any list of that party or an election agent of that party; or

(b)

the nominating officer of a registered party submitting a regional list or any other person where that claim arises in accordance with arrangements for which the nominating officer is responsible,

in respect of election expenses which is not sent in–

(i)

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

(ii)

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

within 21 days after the day on which the result of the election is declared shall be barred and not paid.

(3)

All election expenses shall be paid within 28 days after that date.

(4)

Subject to paragraph (5) or (6) below, a person who pays a claim in contravention of paragraph (1) or (2) above or makes a payment in contravention of paragraph (3) above shall be guilty of an illegal practice.

(5)

Where the election court reports that it has been proved to the court that any payment made was by an election agent without the sanction or connivance of a candidate–

(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)

The following person or persons, namely–

(a)

a claimant;

(b)

a candidate for return as a constituency member or his election agent;

(c)

an individual candidate for return as a regional member or his election agent; or

(d)

the nominating officer of a registered political party submitting a regional list, the election agent of such a party, a candidate included a regional list submitted by that party and such other person as is mentioned in paragraph (2)(b) above,

may apply to the Court of Session or to a sheriff court for leave to pay a claim for any election expenses although sent in after the period of 21 days or although sent in–

(i)

to a candidate and not the election agent;

(ii)

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

(iii)

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

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

(7)

Any sum specified in the order of leave may be paid–

(a)

in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, by such candidate or his election agent;

(b)

by the nominating officer of a registered party submitting a regional list or that party’s election agent or by any candidate appearing on that list or by any other person in accordance with arrangements for which the nominating officer is responsible; and

the amount paid in pursuance of the judgement or order shall not be deemed to be in contravention of paragraph (3) above.

(8)

The jurisdiction vested by paragraph (6) above in a sheriff court may be exercised otherwise than in open court.

(9)

An appeal lies to the Court of Session from any order of a sheriff court made by virtue of paragraph (6) above.