Scottish Elections (Representation and Reform) Act 2025

23 Restriction on which third parties may incur controlled expenditure

(1) The Political Parties, Elections and Referendums Act 2000 is modified as follows.

(2) After section 89A insert—

“89B Restriction on which third parties may incur controlled expenditure: Scottish Parliament elections

(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Scottish devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).

(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Scottish devolved regulated period which do not in total exceed £700.

(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4) If the third party is not an individual—

(a) any person who authorised the expenses to be incurred by or on behalf of the third party commits an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

(b) the third party also commits an offence.

(5) If the third party is an individual, the individual commits an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6) In this section a “Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of Schedule 10 (general elections to the Scottish Parliament).”.

(3) In schedule 20 (penalties), at the appropriate place in the table insert—

“Section 89B(4) and (5) (incurring controlled expenditure in contravention of section 89B(1))	On summary conviction in Scotland: statutory maximum
	On indictment in Scotland: fine”.