Electoral Administration Act 2006

Electoral Administration Act 2006

2006 CHAPTER 22

Commentary on Sections

Part 6: Conduct of elections etc.

Election expenses

Section 25 Amount of expenses which may be incurred by third party

162. This section amends section 75 of the 1983 Act (Prohibition of expenses not authorised by election agent), as previously amended by section 131 of the 2000 Act.

163. Subsections (2) and (3) amend section 75(1) of the 1983 Act. Section 75(1)provides that no expenses, with a view to promoting or procuring the election of a candidate at an election (or, in the case of an election of the London Members of the London Assembly at an ordinary election, a registered political party or candidates of that party), shall be incurred by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account of the matters set out in paragraphs (a) to (d) of subsection (1):

(a)

holding public meetings or organising any public display;

(b)

issuing advertisements, circulars or publications;

(c)

otherwise presenting to the electors the candidate or his views, or the extent or nature of his backing, or disparaging another candidate; or

(d)

in the case of an election of the London Members of the London Assembly at an ordinary election, otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party, or the extent or nature of that party’s backing, or disparaging any other registered political party.

164. By way of exception, section 75(1), as amended, also provides that a third party campaigning for or against a candidate at a Parliamentary election may incur expenditure up to a maximum of £500 (“the permitted sum”). A formula is provided for calculating the permitted sum in local government elections.

165. The intention of the earlier amendment to section 75(1) was to allow a third party to incur expenses up to the permitted sum on promoting or procuring the election of a candidate through any of the means listed under section 75(1)(a) to (d) above, and the Electoral Commission had interpreted it this way. However, as drafted, the amendment gave rise to ambiguity, raising concerns that the exception only applied to those matters set out in subsection (1)(c) and (d).

166. Subsection (2) amends section 75(1) of the 1983 Act to remove any ambiguity. The result is that the exception allowing a third party to incur expenditure up to the permitted sum applies to all those matters set out in subsection (1)(a) to (d) above and ensures that other exceptions to subsection (1)(c) and (d) continue to apply.

167. Subsection (5) inserts a new subsection (8) in section 75 of the 1983 Act. The effect of new subsection (8) is to provide that expenditure incurred by a third party will count for the purposes of section 75 if it is incurred in connection with any thing which is used or takes place after the candidate becomes a candidate, even if the expenditure is incurred before that date.