The Scottish Parliament (Elections etc.) Order 2015

Payment of expenses through election agent: constituency and individual regional candidates S

38.—(1) No payment (of whatever nature) shall be made by—

(a) a candidate for return as a constituency member or an individual candidate for return as a regional member; or

(b) any other person,

in respect of election expenses incurred by or on behalf of the candidate for return as a constituency member or an individual candidate for return as a regional member unless it is made by or through the candidate’s election agent.

(2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.

(3) The references in the foregoing provisions of this article to an election agent include the election agent acting by a sub-agent.

(4) This article does not apply to—

(a) any expenses which are, in accordance with article 39(1) or (2), 44(6) or 45(2), paid by the candidate;

(b) any expenses which are paid in accordance with article 39(4) by a person authorised as mentioned in that provision; F1 ...

[F2 (ba) any expenses incurred on account of any matter falling within article 41(1) by a person authorised as mentioned in that provision; or]

(c) any expenses which are to be regarded as incurred by or on behalf of the candidate by virtue of article 58(5) (expenses incurred before the date the person becomes a candidate at the election).

(5) A person who makes any payment (of whatever nature) in contravention of paragraph (1) shall be guilty of an illegal practice.

Textual Amendments

F1 Word in art. 38(4)(b) omitted (with effect in accordance with art. 1(2) of the amending S.S.I.) by virtue of The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 5(a)

F2 Art. 38(4)(ba) inserted (with effect in accordance with art. 1(2) of the amending S.S.I.) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 5(b)

Commencement Information

I1 Art. 38 in force at 16.12.2015 in accordance with art. 1(1)