SCHEDULE 10 Limits on controlled expenditure
Part III Limits applying in special circumstances
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Combined limits where parliamentary election pending
9
(1)
This paragraph imposes—
(a)
in the circumstances mentioned in sub-paragraph (2), F2limits in relation to—
(i)
such a pending parliamentary general election as is mentioned in that sub-paragraph, and
(ii)
an election, or elections, in relation to which the limit imposed by any of paragraphs F35 to 7 would otherwise apply as mentioned in that sub-paragraph; and
(b)
in the circumstances mentioned in sub-paragraph (5), limits in relation to—
(i)
two such pending parliamentary elections as are mentioned in that sub-paragraph, and
(ii)
an election, or elections, in relation to which the limit imposed by any of paragraphs F45 to 7 would otherwise apply as mentioned in sub-paragraph (2).
(2)
Where a parliamentary general election is pending during any part of the period in relation to which a limit imposed by any of paragraphs F55 to 7 would otherwise apply to controlled expenditure incurred by or on behalf of a recognised third party in a particular part of the United Kingdom—
(a)
neither that paragraph, nor paragraph 3, shall apply in relation to such expenditure; and
(b)
the F6limits imposed by this paragraph shall apply to it instead.
(3)
Subject to sub-paragraphs (5) to (7), the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant period for the purposes of this sub-paragraph in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
(a)
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
(b)
the limit which by virtue of paragraph F75, 6 or 7 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
F8(3A)
Subject to sub-paragraphs (5) to (7), the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
(3B)
For this purpose “the relevant proportion” means—
where—
A is the number of days in the relevant period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
(4)
For the purposes of F9sub-paragraphs (3) to (3B) “the relevant period” is—
(a)
where the parliamentary general election takes place at the same time as, or later than—
F11(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;
(5)
Where two parliamentary general elections are pending during different parts of any such period as is mentioned in sub-paragraph (2), the limits applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the relevant periods in England, Scotland, Wales or Northern Ireland (as the case may be) are as follows—
(a)
in the case of expenditure incurred in the first relevant period, the limit is the aggregate of—
(i)
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the first of the parliamentary general elections to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph, and
(ii)
the limit mentioned in sub-paragraph (3)(b) above; and
(b)
in the case of expenditure incurred in the second relevant period, the limit is the limit which by virtue of paragraph 3 would (apart from this paragraph) apply, in connection with the second parliamentary general election to take place, to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
F14(5A)
Where two parliamentary general elections are pending during different parts of any such period as is mentioned in sub-paragraph (2)—
(a)
the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the first relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A), and
(b)
the limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party in the second relevant period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
(5B)
For these purposes “the relevant proportion” means—
where—
A is the number of days in the first relevant period or (as the case may be) the second relevant period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
(6)
For the purposes of F15sub-paragraphs (5) to (5B) “the first relevant period” is the period which—
(a)
begins at the beginning of the period which would, apart from this paragraph, apply for the purposes of paragraph 3 to the first of the parliamentary general elections to take place; and
(7)
For the purposes of F18sub-paragraphs (5) to (5B) “the second relevant period” is the period which—
(a)
begins on the day after the date mentioned in sub-paragraph (6)(b) above; and
Combination of limit under paragraph 9 and other limit
10
(1)
This paragraph imposes F21limits where—
(a)
paragraph 9 would (apart from this paragraph) impose F21limits on controlled expenditure in relation to a period that would either be—
(i)
a relevant period for the purposes of paragraph 9(3) F22to (3B) , or
(ii)
a first relevant period for the purposes of paragraph 9(5) F23to (5B) ; and
(b)
any period (“the other controlled period”) which is the relevant period for the purposes of any of paragraphs F245 to 7, but is not a period during which the parliamentary general election is pending, either—
(i)
falls wholly within, or
(ii)
ends at any time falling within,
the period mentioned in paragraph (a).
(2)
In such a case—
(a)
the F25limits imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and
(b)
instead the F25limits imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
(3)
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party during the combined period in England, Scotland, Wales or Northern Ireland (as the case may be) is the aggregate of—
(a)
the limit which by virtue of paragraph 9 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the period mentioned in sub-paragraph (1)(a); and
(b)
the limit applying, by virtue of paragraph F265, 6 or 7 (as the case may be), to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
F27(3A)
The limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party during the combined period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
(3B)
For this purpose “the relevant proportion” means—
where—
A is the number of days in the combined period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
(4)
For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
(a)
the beginning of the period which is the relevant period for the purposes of paragraph F285, 6 or 7 (as the case may be), and
(b)
the beginning of the period mentioned in sub-paragraph (1)(a),
and ends at the end of the period mentioned in sub-paragraph (1)(a).
(5)
Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph F295, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.
Combination of parliamentary general election and other election, or elections, falling within F30paragraphs 5 to 7
11
(1)
This paragraph imposes F31limits where—
(a)
any period (“the other controlled period”) which is the relevant period for the purposes of any of paragraphs F325 to 7 either—
(i)
falls wholly within, or
(ii)
ends at any time falling within,
the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to a parliamentary general election; and
(b)
paragraph 9 does not apply in connection with those elections.
(2)
In such a case—
(a)
the F33limits imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and
(b)
instead the F33limits imposed by this paragraph shall apply in relation to the period which is the combined period for the purposes of this paragraph.
(3)
The limit applying to controlled expenditure which is incurred by or on behalf of a recognised third party in the combined period in England, Scotland, Wales or Northern Ireland, as the case may be, is the aggregate of—
(a)
the limit which by virtue of paragraph 3 would (apart from this paragraph) apply to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph; and
(b)
the limit applying by virtue of paragraph F345, 6 or 7 (as the case may be) to such expenditure incurred in that part of the United Kingdom during the relevant period for the purposes of that paragraph.
(4)
Where two or more periods (“the other controlled periods”) which are relevant periods for the purposes of any of paragraphs F355 or 7—
(a)
fall wholly within, or
(b)
end at any time falling within,
the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election, sub-paragraph (3)(b) shall operate in relation to each of the limits applying in relation to those periods so as to produce two or more amounts to be added to the amount referred to in sub-paragraph (3)(a).
F36(4A)
The limit applying to controlled expenditure which is incurred by or on behalf of the recognised third party during the combined period in any particular parliamentary constituency is the relevant proportion of the limit mentioned in paragraph 3(2A).
(4B)
For this purpose “the relevant proportion” means—
where—
A is the number of days in the combined period;
B is the number of days in the period which is the relevant period for the purposes of paragraph 3.
(5)
For the purposes of this paragraph “the combined period” is the period which begins with whichever is the earlier of the following, namely—
(a)
the beginning of—
(i)
the period which is the relevant period for the purposes of paragraph F375, 6 or 7 (as the case may be), or
(ii)
where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of paragraph F385 or 7 is the first to begin, and
(b)
the beginning of the period which would (apart from this paragraph) be the relevant period for the purposes of paragraph 3 in relation to the parliamentary general election,
and ends with the date of the poll for the parliamentary general election.
(6)
Nothing in this paragraph affects the application of any limit imposed by virtue of paragraph F395, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.