Representation of the People Act 1983

76 Limitation of election expenses. E+W+S

(1) No sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount specified in this section, and a candidate or election agent knowingly acting in contravention of this subsection shall be guilty of an illegal practice.

(2) That maximum amount is—

(a) for a candidate at a [F1 parliamentary general election, being an election]—

(i) in a county constituency, [F2 £4,144] together with an additional [F2 4.7p] for every entry in the register of electors to be used at the election (as first published); and

(ii) in a borough constituency, [F3 £4,144] together with an additional [F3 3.5p] for every entry in the register of electors to be used at the election (as first published);

[F4 (aa) for a candidate at a parliamentary by-election—

(i) in a county constituency, F5 £16,577 together with an additional F5 18.6p for every entry in the register of electors to be used at the election (as first published); and

(ii) in a borough constituency, F6 £16,577 together with an additional F6 14.1p for every entry in the register of electors to be used at the election (as first published);]

(b) for a candidate at a local government election—

(i)

[F7 F8 (ia)]

F9 (ii) at any other local government election, F10 £184 together with an additional F10 3.6pfor every entry in the register of electors to be used at the election (as first published).

(3)

F11 (4) If the register to be used at the election is not published before the day of publication of the notice of election then for any reference in subsection (2) above to an entry in that register there shall be substituted a reference to an entry in the electors lists for that register as first published which gives the name of a person appearing from those lists to be entitled to be registered.

(5) The maximum amount mentioned above for a candidate at a parliamentary election is not required to cover the candidate’s personal expenses.

(6) Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(a)

F2 Words in s. 76(2)(a)(i) substituted by S.I. 1991/951, art. 2 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F3 Words in s. 76(2)(a)(ii) substituted by S.I. 1991/951, art.3 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F4 S. 76(2)(aa) inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(b)

F5 Words in s. 76(2)(aa)(i) substituted by S.I. 1991/951, art.4 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F6 Words in s. 76(2)(aa)(ii) substituted by S.I. 1991/951, art. 5 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F7 S. 76(2)(b)(ia) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(8)

F8 S. 76(2)(b)(i) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F9 S. 76(2)(b)(ia) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F10 Words in s. 76(2)(b)(ii) substituted (E.W.S.) by S.I. 1991/951, art. 6 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F11 S. 76(3) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 25, Sch. 5

Modifications etc. (not altering text)

C2 S. 76 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 76 modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 20(5)

76 Limitation of election expenses. N.I.

(1) No sum shall be paid and no expense shall be incurred by a candidate at an election or his election agent, whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount specified in this section, and a candidate or election agent knowingly acting in contravention of this subsection shall be guilty of an illegal practice.

(2) That maximum amount is—

(a) for a candidate at a [F12 parliamentary general election, being an election]—

(i) in a county constituency, [F13 £4,144] together with an additional [F13 4.7p] for every entry in the register of electors to be used at the election (as first published); and

(ii) in a borough constituency, [F14 £4,144] together with an additional [F14 3.5p] for every entry in the register of electors to be used at the election (as first published);

[F15 (aa) for a candidate at a parliamentary by-election—

(i) in a county constituency, F16 £16,577 together with an additional F16 18.6p for every entry in the register of electors to be used at the election (as first published); and

(ii) in a borough constituency, F17 £16,577 together with an additional F17 14.1p for every entry in the register of electors to be used at the election (as first published);]

(b) for a candidate at a local government election—

(i)

[F18 F19 (ia)]

F20 (ii) at any other local government election, [£120] together with an additional [2.4p] for every entry in the register of electors to be used at the election (as first published).

(3)

F21 (4) If the register to be used at the election is not published before the day of publication of the notice of election then for any reference in subsection (2) above to an entry in that register there shall be substituted a reference to an entry in the electors lists for that register as first published which gives the name of a person appearing from those lists to be entitled to be registered.

(5) The maximum amount mentioned above for a candidate at a parliamentary election is not required to cover the candidate’s personal expenses.

(6) Where at an election a poll is countermanded or abandoned by reason of a candidate’s death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice or, if there has been a previous increase under this subsection, three times what it would have been but for any increase under this subsection; but the maximum amount shall not be affected for any candidate by the change in the timing of the election or of any step in the proceedings at the election.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F12 Words substituted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(a)

F13 Words in s. 76(2)(a)(i) substituted by S.I. 1991/951, art.2 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F14 Words in s. 76(2)(a)(ii) substituted by S.I. 1991/951, art.3 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F15 S. 76(2)(aa) inserted by Representation of the People Act 1989 (c. 28, SIF 42), s. 6(1)(b)

F16 Words in s. 76(2)(aa)(i) substituted by S.I. 1991/951, art.4 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F17 Words in s. 76(2)(aa)(ii) substituted by S.I. 1991/951, art.5 (S.I. 1991/951 revoked 11.3.1992 by S.I. 1992/706, art. 9).

F18 S. 76(2)(b)(ia) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(8)

F19 S. 76(2)(b)(i) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F20 S. 76(2)(b)(ia) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F21 S. 76(3) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 25, Sch. 5

Modifications etc. (not altering text)

C4 S. 76 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C5 S. 76 modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 20(5)