42.—(1) The election expenses incurred by or on behalf of—
(a)a candidate for return as a constituency member; or
(b)an individual candidate for return as a regional member,
at an election must not in the aggregate exceed the maximum amount specified in this article.
(2) The maximum amount is (in a case other than that to which paragraph (3) applies)—
(a)for a candidate for return as a constituency member for a county constituency, £8,700 together with an additional 9p for every entry in the register of electors;
(b)for a candidate for return as a constituency member for a burgh constituency, £8,700 together with an additional 6p for every entry in the register of electors; and
(c)for an individual candidate for return as a regional member, a sum calculated by adding together the maximum amounts (calculated in accordance with sub-paragraphs (a) and (b)) for a single candidate for return as a constituency member in each constituency included in the region.
[F1(2A) Notwithstanding paragraph (8), where the date of the poll at a Scottish parliamentary election has been postponed by proclamation under section 2(5) or section 3(2B) of the Scotland Act 1998, the maximum amount will have effect in relation to any candidate at that election as if the amount specified in paragraph (2) were increased by one half.]
(3) The maximum amount for a candidate at an election under section 9 of the 1998 Act (constituency vacancies) is £100,000.
(4) Where any election expenses are incurred in excess of the maximum amount specified in paragraph (2) or, as the case may be, paragraph (3), 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 maximum amount,
shall be guilty of an illegal practice.
(5) In paragraph (2) “the register of electors” means the register of local government electors, for the area in question as it has effect on the last day for publication of notice of the election.
[F2(6) Expenses incurred by or on behalf of the candidate which are—
(a)personal expenses,
(b)reasonable expenses incurred that are reasonably attributable to individuals’ disability,
(c)reasonable expenses incurred in providing for the protection of persons of property at rallies or other public events, or
(d)reasonable expenses incurred that are reasonably attributable to the translation of anything into languages other than English,
do not count towards the maximum amount.]
(7) Where a poll for the return of a constituency member is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.
(8) The maximum amount specified in paragraph (2) or (3) for a candidate shall not be affected by a change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.
(9) In this article—
“county constituency” means a constituency designated as such in Schedule 1 to the Scottish Parliament (Constituencies and Regions) Order [F32020] (1) or a constituency described in paragraph (10); and
“burgh constituency” means a constituency designated as such in that Schedule.
(10) For the purposes of this article [F4the constituency of Na h-Eileanan an Iar,] the constituency of the Orkney Islands and the constituency of the Shetland Islands are county constituencies.
Textual Amendments
F1Art. 42(2A) inserted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 8(2) (with art. 1(2))
F2Art. 42(6) substituted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 8(3) (with art. 1(2))
F3Word in art. 42(9) substituted (11.12.2020) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2020 (S.S.I. 2020/426), arts. 1(1), 8(4) (with art. 1(2))
F4Words in art. 42(10) inserted (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), ss. 18(3), 31(2); S.S.I. 2018/282, reg. 2
Commencement Information
I1Art. 42 in force at 16.12.2015 in accordance with art. 1(1)