2024 No. 428
The Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024
Made
Coming into force
The Secretary of State makes the following Regulations—
considering it expedient in consequence of changes in the value of money, in exercise of the powers conferred by section 9HE(1)(a), (2)(c) and (3) of the Local Government Act 20001 (“LGA 2000”);
otherwise, in exercise of the powers conferred by section 76(2A) of, and paragraph 15(1) of Schedule 4A to, the Representation of the People Act 19832 (“the 1983 Act”), section 105(2)(a) of the LGA 2000, paragraph 4(1) of Schedule 8 and paragraph 4(1) of Schedule 8A to the Political Parties, Elections and Referendums Act 20003 (“PPERA”), section 58(1)(a) and (2)(d) of the Police Reform and Social Responsibility Act 20114 (“PRSRA 2011”) and paragraph 16(1) of Schedule 7 to the Police and Crime Commissioners Elections Order 20125 (“the 2012 Order”).
The Secretary of State has consulted the Electoral Commission in accordance with paragraph 15(3)(b) of Schedule 4A to the 1983 Act, section 9HE(4) of the LGA 2000, section 7(1) and (2)(hc)6 of, and paragraph 4(2)(b) of Schedule 8 and paragraph 4(2)(b) of Schedule 8A to, PPERA, and paragraph 16(3)(b) of Schedule 7 to the 2012 Order.
A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament, in accordance with section 76(2B) of, and paragraph 15(2) of Schedule 4A to, the 1983 Act, section 105(6) of the LGA 20007, section 156(4)(j) and (ja) of PPERA8, section 154(2)(b) of the PRSRA 2011, and paragraph 16(2) of Schedule 7 to the 2012 Order.
Citation, commencement and extent1
1
These Regulations—
a
may be cited as the Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024, and
b
come into force on the day after the day on which they are made.
2
Subject to paragraph (3) an amendment made by these Regulations has the same extent as the provision amended.
3
In regulation 4(2)(a)—
a
paragraph (i) extends to Scotland and Northern Ireland;
b
paragraph (ii) extends to England and Wales;
c
paragraph (iii) extends to England and Wales, Scotland and Northern Ireland.
Variation of candidates’ and agents’ expenses limit at a Greater London Authority election2
In article 3 of the Greater London Authority Elections (Expenses) Order 2000 (candidates’ and agents’ expenses)9—
a
in paragraph (a) for “£420,000” substitute “£760,410”
;
b
in paragraph (b) for “£35,000” substitute “£63,360”
;
c
in paragraph (c) for “£330,000” substitute “£597,460”
;
d
in paragraph (d) for “£330,000” substitute “£597,460”
.
Variation of expenses limit at a local authority mayoral election in England3
In Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (modifications of Acts and statutory instrument)10 in Table 1 (Representation of the People Act 1983) in the entry for section 76 (limitation of election expenses) for the text in column 2, substitute—
For subsection (2) substitute—
2
That maximum amount is—
a
for mayoral elections in England, £3,040 together with an additional 8p for every entry in the register of electors to be used at the election;
b
for mayoral elections in Wales, £2,362 together with an additional 5.9p for every entry in the register of electors to be used at the election.
Security exclusion in respect of qualifying expenses for candidates, political parties and third parties4
1
In Schedule 4A to the Representation of the People Act 1983 (election expenses), after paragraph 13, insert—
13A
Except in relation to a local government election in Wales, the protection of persons or property, to the extent that the expenses are reasonably incurred and are reasonably attributable to the protection of persons or property.
2
The Political Parties, Elections and Referendums Act 2000 is amended as follows—
a
in Schedule 8 (campaign expenditure: qualifying expenses), in paragraph 2(1)11—
i
in paragraph (d) as it extends to Scotland and Northern Ireland, omit “or” at the end;
ii
in paragraph (e) as it extends to England and Wales, omit “or” at the end;
iii
after paragraph (e), insert—
ea
in relation to an election for the purposes of which a limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 9 (limits for periods relating to parliamentary general elections or general elections to the Northern Ireland Assembly), reasonable expenses incurred that are reasonably attributable to the protection of persons or property;
b
in Schedule 8A (controlled expenditure: qualifying expenses), in paragraph 2(1), after paragraph (e) insert—
f
in relation to an election for the purposes of which a limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (limits for periods relating to parliamentary general elections or general elections to the Northern Ireland Assembly), reasonable expenses incurred that are reasonably attributable to the protection of persons or property.
3
In Schedule 7 to the Police and Crime Commissioner Elections Order 2012 (candidate election expenses), after paragraph 14 insert—
14A
The protection of persons and property, to the extent that expenses are reasonably incurred and are reasonably attributable to the protection of persons or property.
Removal of permitted sum and candidate election expenses limits where PCC functions have transferred to mayors of combined authorities5
In Table 1 of article 34(4) and Table 2 of article 35(2) of the Police and Crime Commissioner Elections Order 2012, omit the entries for “Greater Manchester”, “North Yorkshire” and “West Yorkshire”.
Transitional provision for ongoing Authority and local authority mayoral elections6
1
2
Where this regulation applies, for the purposes of section 76 of the Representation of the People Act 1983 (including that section as applied by, and as it has effect for the purposes of, regulation 3 and Schedule 2 to the 2007 Regulations) the “maximum amount” is the new limit, but election expenses14 incurred by or on behalf of the candidate before the commencement date must not exceed the pre-existing limit.
3
In this regulation—
“the 2007 Regulations” means the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007;
“the commencement date” means the date on which these Regulations come into force;
“expenses limit” means the maximum amount of election expenses specified (as the case may be)—
- a
in article 3 of the Greater London Authority Elections (Expenses) Order 2000, or
- b
in section 76 of the Representation of the People Act 1983, as modified by Schedule 2 to the 2007 Regulations;
- a
“local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 200015;
“new limit” means the expenses limit as amended by regulation 2 or 3;
“pre-existing limit” means the expenses limit as it has effect immediately before the commencement date.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
(This note is not part of the Regulations)