SCHEDULES
SCHEDULE 9 Limits on campaign expenditure
Part III Limits applying in special circumstances
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Combined limits where parliamentary election pending
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1
This paragraph applies where—
a
separate limits would (apart from this paragraph) apply as follows to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be), namely—
i
under paragraph 3 in relation to a parliamentary general election; and
ii
under paragraph F75, 6 or 7 in relation to an election or elections within that paragraph; and
b
the parliamentary general election is pending during any part of the period in relation to which the limit imposed by paragraph F175, 6 or 7 would (apart from this paragraph) apply.
2
In such a case—
a
neither paragraph 3, nor paragraph F115, 6 or 7 (as the case may be) shall apply to the expenditure mentioned in sub-paragraph (1)(a); and
b
the limit or limits imposed by this paragraph shall apply to it instead.
3
Subject to sub-paragraphs (5) to (7), the limit applying to campaign expenditure which is incurred by or on behalf of the registered party in the relevant period for the purposes of this sub-paragraph in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
a
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
b
the limit which by virtue of paragraph F55, 6 or 7 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
4
For the purposes of sub-paragraph (3) “the relevant period” is—
a
where the parliamentary general election takes place at the same time as, or later than—
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the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;
5
Where sub-paragraph (1)(a)(i) is applicable in the case of each of two parliamentary general elections which are pending during different parts of any such period as is mentioned in sub-paragraph (1)(b), the limits applying to campaign expenditure which is incurred by or on behalf of the registered party in the relevant periods in England, Scotland, Wales or Northern Ireland (as the case may be) are as follows—
a
in the case of expenditure incurred in the first relevant period, the limit is the aggregate of—
i
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the first of the parliamentary general elections to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph, and
ii
the limit mentioned in sub-paragraph (3)(b) above; and
b
in the case of expenditure incurred in the second relevant period, the limit is the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the second parliamentary general election to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
6
For the purposes of sub-paragraph (5) “the first relevant period” is the period which—
a
begins at the beginning of the period which would, apart from this paragraph, apply for the purposes of paragraph 3 to the first of the parliamentary general elections to take place; and
7
For the purposes of sub-paragraph (5) “the second relevant period” is the period which—
a
begins on the day after the date mentioned in sub-paragraph (6)(b) above; and
Combination of limit under paragraph 9 and other limit
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1
This paragraph applies where—
a
a limit under paragraph 9 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be) in relation to a period that would either be—
i
a relevant period for the purposes of paragraph 9(3), or
ii
a first relevant period for the purposes of paragraph 9(5); and
b
another limit under paragraph F155, 6 or 7 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to a period (“the other campaign period”) which is not a period during which the parliamentary general election is pending but which either—
i
falls wholly within, or
ii
ends at any time falling within,
the period mentioned in paragraph (a).
2
In such a case—
a
the limit imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and
b
instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
3
The limit applying to campaign expenditure which is incurred by or on behalf of the party during the combined period in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
a
the limit which by virtue of paragraph 9 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the period mentioned in sub-paragraph (1)(a); and
b
the limit applying, by virtue of paragraph F25, 6 or 7 (as the case may be), to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
4
For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
a
the beginning of the period which is the relevant period for the purposes of paragraph F145, 6 or 7 (as the case may be), and
b
the beginning of the period mentioned in sub-paragraph (1)(a),
and ends at the end of the period mentioned in sub-paragraph (1)(a).
5
Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph F235, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.
Combination of parliamentary general election and other election, or elections, falling within F19paragraphs 5 to 7
Words in Sch. 9 para. 11 heading substituted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 4(9) (as amended by S.I. 2019/1389, regs. 1, 2(2))
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1
This paragraph applies where—
a
a limit under paragraph 3 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be);
b
another limit under paragraph F65, 6 or 7 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to any period (“the other campaign period”) which either—
i
falls wholly within, or
ii
ends at any time falling within,
the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election; and
c
paragraph 9 does not apply in connection with that expenditure.
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In such a case—
a
the limit imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and
b
instead the limit imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
3
The limit applying to campaign expenditure which is incurred by or on behalf of the party in the combined period in England, Scotland, Wales or Northern Ireland, as the case may be, is the aggregate of—
a
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
b
the limit applying by virtue of paragraph F15, 6 or 7 (as the case may be) to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
4
Where two or more periods (“the other campaign periods”) which are relevant periods for the purposes of any of paragraphs F45 or 7 —
a
fall wholly within, or
b
end at any time falling within,
the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election, sub-paragraph (3)(b) shall operate in relation to each of the limits applying in relation to those periods so as to produce two or more amounts to be added to the amount referred to in sub-paragraph (3)(a).
5
For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
a
the beginning of—
i
the period which is the relevant period for the purposes of paragraph F85, 6 or 7 (as the case may be), or
ii
where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of any of paragraphs F185 or 7 is the first to begin, and
b
the beginning of the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election,
and ends with the date of the poll for the parliamentary general election.
6
Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph F135, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.
Sch. 9 para. 8 and cross-heading repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))