Representation of the People Act 1983

78 Time for sending in and paying claims

(1) Every claim against a candidate or his election agent in respect of election expenses which is not sent in to the election agent within 14 days after the day on which the result of the election is declared shall be barred and not paid.

(2) All election expenses shall be paid within 28 days after that day.

(3) An election agent who pays a claim in contravention of subsection (1) or makes a payment in contravention of subsection (2) above shall be guilty of an illegal practice; but where the election court reports that it has been proved to the court by the candidate that any payment was made by an election agent without the sanction or connivance of the candidate—

(a) the candidate's election shall not be void, nor

(b) shall he be subject to any incapacity under this Act by reason only of that payment having been made in contravention of this section.

(4) The claimant or the candidate or his election agent may apply to the High Court or to a county court for leave to pay a claim for any election expenses, although sent in after that period of 14 days or although sent in to the candidate and not to the election agent, and the court on cause shown to their satisfaction may by order grant the leave.

In relation to an application in respect of expenses for a local government election in Scotland the reference in this subsection to the High Court shall be omitted.

(5) Any sum specified in the order of leave may be paid by the candidate or his election agent and when paid in pursuance of the leave shall not be deemed to be in contravention of subsection (2) above.

(6) Except in Scotland, the jurisdiction vested by subsection (4) above in the High Court in matters relating to parliamentary elections shall, subject to rules of court, be exercised by—

(a) one of the judges for the time being on the rota for the trial of parliamentary election petitions,

(b) in Northern Ireland, one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978,

sitting either in court or at chambers, or by a master of the Supreme Court in manner directed by and subject to an appeal to those judges.

(7) The jurisdiction vested by subsection (4) in a county court may, except in Northern Ireland, be exercised otherwise than in open court and, in Northern Ireland, shall be exercised in such manner as may be provided by rules of court.

An appeal lies to the High Court from any order of a county court made by virtue of subsection (4).