Local Electoral Administration and Registration Services (Scotland) Act 2006

17 Meaning of election expenses for the purposes of the 1983 Act

(1) The 1983 Act is amended as follows.

(2) Sections 90A (meaning of election expenses) and 90B (incurring of election expenses for purposes of section 90A), so far as applying in relation to a local government election in Scotland, are repealed.

(3) Before section 90C insert—

“90ZB Scottish local government elections: meaning of “election expenses”

(1) This section applies in relation to a local government election in Scotland.

(2) In this Part of this Act, “election expenses”, in relation to a candidate at such an election, means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4B which is used for the purposes of the candidate’s election.

(3) For the purposes of subsection (2) above, it is immaterial whether any such matter is so used before or after the date when the candidate becomes a candidate at the election.

(4) No election expenses are to be regarded as incurred by virtue of subsection (2) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4B.

(5) In this section and in section 90C below, “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.

(6) For the purposes of this Part of this Act so far as applying to a local government election in Scotland, election expenses are incurred by or on behalf of a candidate at the election if they are incurred—

(a) by the candidate or his election agent; or

(b) by any person authorised by the candidate or his election agent to incur expenses.

(7) In this Part of this Act so far as applying to a local government election in Scotland, any reference to election expenses incurred by or on behalf of a candidate at the election includes expenses—

(a) which are incurred as mentioned in subsection (2) above before the date when he becomes a candidate at the election; but

(b) which by virtue of that subsection and subsection (3) above fall to be regarded as election expenses.

(8) In this Part and in Part 3 of this Act so far as applying to a local government election in Scotland, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.”.

(4) Before Schedule 5 insert the Schedule set out in schedule 1 to this Act.