Political Parties, Elections and Referendums Act 2000

79 Limits on campaign expenditure

(1) Schedule 9 has effect for imposing limits on campaign expenditure incurred by or on behalf of registered parties in England, Scotland, Wales or Northern Ireland during the periods specified in that Schedule.

(2) Where, during the period in relation to which any such limit applies in relation to a registered party, any campaign expenditure is incurred by or on behalf of the party in excess of that limit—

(a) the treasurer or any deputy treasurer of the party is guilty of an offence if—

(i) he authorised the expenditure to be incurred by or on behalf of the party, and

(ii) he knew or ought reasonably to have known that the expenditure would be incurred in excess of that limit; and

(b) the party is also guilty of an offence.

(3) It shall be a defence for any person or registered party charged with an offence under subsection (2) to show—

(a) that any code of practice for the time being issued under paragraph 3 of Schedule 8 was complied with in determining the items and amounts of campaign expenditure to be entered in the relevant return under section 80, and

(b) that the limit would not have been exceeded on the basis of the items and amounts entered in that return.

(4) Where—

(a) at any time before the beginning of any relevant campaign period (within the meaning of section 80), any expenses within section 72(2) are incurred by or on behalf of a registered party in respect of any property, services or facilities, but

(b) the property, services or facilities is or are made use of by or on behalf of the party during the relevant campaign period in circumstances such that, had any expenses been incurred in respect of that use during that period, they would by virtue of section 72(2) have constituted campaign expenditure incurred by or on behalf of the party during that period,

the appropriate proportion of the expenses mentioned in paragraph (a) shall be treated for the purposes of this section, sections 80 to 83 and Schedule 9 as campaign expenditure incurred by or on behalf of the party during that period.

(5) For the purposes of subsection (4) the appropriate proportion of the expenses mentioned in paragraph (a) of that subsection is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (b).