Referendums (Scotland) Act 2020

Restriction on making claims in respect of referendum expenses

16 (1) A claim for payment in respect of referendum expenses incurred by or on behalf of a permitted participant during the referendum period is not payable unless the claim is sent within the period of 30 days after the end of the referendum period to—

(a) the responsible person, or

(b) any other person authorised under paragraph 14 to incur the expenses.

(2) A claim sent in accordance with sub-paragraph (1) must be paid within the period of 60 days after the end of the referendum period.

(3) A person commits an offence if, without reasonable excuse, the person—

(a) pays a claim which by virtue of sub-paragraph (1) is not payable, or

(b) makes a payment in respect of a claim after the end of the period allowed under sub-paragraph (2).

(4) A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In the case of a claim to which sub-paragraph (1) applies—

(a) the person making the claim, or

(b) the person with whose authority the expenses in question were incurred,

may apply to the Electoral Commission for leave for the claim to be paid although sent in after the end of the period mentioned in that sub-paragraph; and the Commission, if satisfied that it is appropriate to do so, may grant the leave.

(6) Nothing in sub-paragraph (1) or (2) applies in relation to any sum paid in pursuance of the leave granted by the Commission.

(7) Sub-paragraph (2) is without prejudice to any rights of a creditor of a permitted participant to obtain payment before the end of the period allowed under that sub-paragraph.

(8) Subsections (9) and (10) of section 77 of the 2000 Act apply for the purposes of this paragraph as if—

(a) any reference to subsection (1) or (2) of that section were a reference to sub-paragraph (1) or (2) above,

(b) any reference to campaign expenditure were a reference to referendum expenses, and

(c) any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the permitted participant.