The Scottish Parliament (Elections etc.) Order 1999

Payment of expenses: registered political parties etc.

37.—(1) Except as permitted by article 38 below, or in pursuance of articles 43 or 44 below, no payment and no advance or deposit shall be made at any time in respect of election expenses of a registered party at a Scottish parliamentary general election unless made in accordance with paragraph (2) below.

(2) No such payment, advance or deposit shall be made–

(a) by the party or by any agent on behalf of the party;

(b) by any candidate included in a regional list submitted by that party or by any agent on behalf of such a candidate; or

(c) by any other person,

otherwise than–

(i) by or through an election agent of that party; or

(ii) by the nominating officer of that party or by any other person in accordance with arrangements for which that nominating officer is responsible.

(3) Every payment made under paragraph (2) above in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars and by a receipt.

(4) The references in the foregoing provisions of this article to an election agent shall be taken as references to the election agent acting by himself or a sub-agent.

(5) All money provided for any election expenses of a registered political party (whether as gift, loan, advance or deposit) provided by any person other than–

(a) any candidate appearing on a regional list submitted by that party; or

(b) the nominating officer of that party or such other person as is mentioned in paragraph (2)(ii) above,

shall be paid in accordance with paragraph (6) below.

(6) Such money shall be paid to–

(a) any election agent of the registered party, or any candidate appearing on a regional list submitted by that party; or

(b) the nominating officer of that party or such other person as is mentioned in paragraph 2(ii) above,

and not otherwise.

(7) The foregoing provisions of this article shall not be deemed to apply to any sum disbursed by any person out of his own money for any small expense legally incurred by him if the sum is not repaid to him.

(8) A person who makes any payment, advance or deposit in contravention of paragraphs (1) and (2) above, or pays money in contravention of paragraphs (5) and (6) above shall be guilty of an illegal practice.