SCHEDULE 9 Limits on campaign expenditure
Part I Introductory
Interpretation
1
(1)
In this Schedule—
(a)
“an ordinary general election to the Scottish Parliament” means an election held under section 2 of the M1Scotland Act 1998;
(b)
“an extraordinary general election to the Scottish Parliament” means an election held under section 3 of the M2Scotland Act 1998;
F1(c)
“an ordinary general election to F2Senedd Cymru” means an election held under section 3 of the Government of Wales Act 2006;
(ca)
“an extraordinary general election to F3Senedd Cymru” means an election held under section 5 of the Government of Wales Act 2006;
(d)
“an ordinary general election to the Northern Ireland Assembly” means an election held under section 31 of the M3Northern Ireland Act 1998; and
(e)
“an extraordinary general election to the Northern Ireland Assembly” means an election held under section 32 of the M4Northern Ireland Act 1998.
(2)
For the purposes of this Schedule a registered party—
(a)
contests a constituency if any candidate stands for election for that constituency in the name of the party; and
(b)
contests any region if the party is included in the statement of parties and candidates nominated for that region.
(3)
For the purposes of this Schedule a parliamentary general election is pending during the period—
(a)
(b)
ending with the date of the poll for that election.
Attribution of expenditure to different parts of the United Kingdom
2
(1)
For the purposes of this Schedule—
(a)
campaign expenditure incurred by or on behalf of a party registered in the Great Britain register shall (subject to the following provisions of this paragraph) be attributed to each of England, Scotland and Wales in proportion to the number of parliamentary constituencies for the time being situated in that part of Great Britain; and
(b)
campaign expenditure incurred by or on behalf of a party registered in the Northern Ireland register shall be attributed solely to Northern Ireland.
(2)
Campaign expenditure whose effects are wholly or substantially confined to any particular parts or part of Great Britain—
(a)
shall be attributed to those parts in proportion to the number of parliamentary constituencies for the time being situated in those parts, or
(b)
shall be attributed solely to that part,
as the case may be.
(3)
For the purposes of sub-paragraph (2) the effects of campaign expenditure are wholly or substantially confined to any particular parts or part of Great Britain if they have no significant effects in any other part or parts (so that, for example, expenditure on an advertisement in a newspaper circulating in Wales is to be attributed solely to Wales if the newspaper does not circulate to any significant extent in any other part of Great Britain).
F6(3A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
References in this Schedule to campaign expenditure “in” a particular part of the United Kingdom are accordingly to campaign expenditure which is to be attributed to that part in accordance with this paragraph.
Part II General limits
Parliamentary general elections
3
(1)
This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at a parliamentary general election.
(2)
Where a registered party contests one or more constituencies in England, Scotland or Wales, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in that part of Great Britain is—
(a)
F7£54,010 multiplied by the number of constituencies contested by the party in that part of Great Britain; or
(b)
if greater, the appropriate amount specified in sub-paragraph (3).
(3)
The appropriate amount is—
(a)
in relation to England, F8£1,458,440;
(b)
in relation to Scotland, F9£216,060; and
(c)
in relation to Wales, F10£108,030.
(4)
Where a registered party contests one or more constituencies in Northern Ireland, the limit applying to campaign expenditure which is incurred by or on behalf of the party in the relevant period in Northern Ireland is F11£54,010 multiplied by the number of constituencies contested by the party there.
(5)
Sub-paragraph (6) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.
(6)
In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) or (4) (as the case may be) shall, instead of being the amount specified in that provision, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (5).
(7)
For the purposes of this paragraph the relevant period is—
(a)
(subject to paragraph (b)) the period of 365 days ending with the date of the poll for the election;
(b)
where the election (“the election in question”) follows another parliamentary general election held less than 365 days previously, the period—
(i)
beginning with the day after the date of the poll for the earlier election, and
(ii)
ending with the date of the poll for the election in question.
F12...
F124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General elections to Scottish Parliament
5
(1)
This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies or regions at an ordinary or extraordinary general election to the Scottish Parliament.
(2)
The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Scotland is—
(a)
£12,000 for each constituency contested by the party; plus
(b)
£80,000 for each region contested by the party.
F13(2A)
Sub-paragraph (2B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.
(2B)
In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2)(a) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).
(3)
In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
(4)
In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
(a)
the date of the poll is that determined by section 2(2) of the M5Scotland Act 1998; or
(b)
no less than five months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is brought forward under section 2(5) of that Act; or
(c)
no less than four months before the day on which the poll would have taken place under section 2(2) of that Act, the date of the poll is postponed under section 2(5) of that Act;
but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 2(2) of the Act.
(5)
In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Presiding Officer proposes a day for the poll for the election under section 3(1) of the M6Scotland Act 1998 and ending with the date of the poll for the election.
F14General elections to F15Senedd Cymru
6
(1)
F19(2)
The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Wales is, for each constituency contested by the party, as follows—
(a)
where only 1 person stands nominated by the party as a candidate to be a Member of the Senedd for the constituency, the limit is £52,500;
(b)
where only 2 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £56,000;
(c)
where only 3 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £59,500;
(d)
where only 4 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £63,000;
(e)
where only 5 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £66,500;
(f)
where 6, 7 or 8 people stand nominated by the party as candidates to be Members of the Senedd for the constituency, the limit is £70,000.
(2ZA)
For the purposes of sub-paragraph (2), a person stands nominated by a party as a candidate to be a Member of the Senedd for the constituency if the person is shown, in a statement of parties and persons nominated published by the returning officer for the constituency in accordance with an order made under section 13 of the Government of Wales Act 2006, as a candidate who has been and stands nominated as a candidate of the party.
F20(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(2B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
F22In the case of an ordinary general election“the relevant period” is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
(4)
In sub-paragraph (3) “the appropriate date” is the date which falls four months before the date of the poll where—
(a)
the date of the poll is that determined by F23section 3(1) of the Government of Wales Act 2006;
(b)
(c)
but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under F26section 3(1) of that Act.
F27(5)
In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the F28Presiding Officer proposes a date for the poll for the election under section 5(1) of the Government of Wales Act 2006 and ending with the date of the poll for the election.
General elections to Northern Ireland Assembly
7
(1)
This paragraph imposes limits in relation to campaign expenditure incurred by or on behalf of a registered party which contests one or more constituencies at an ordinary or extraordinary general election to the Northern Ireland Assembly.
(2)
The limit applying to campaign expenditure which is incurred by or on behalf of a registered party in the relevant period in Northern Ireland is F29£30,600 for each constituency contested by the party.
F30(2A)
Sub-paragraph (2B) applies to a registered party in a case where at the election a candidate stands for election in any constituency in the name of that party and one or more other registered parties.
(2B)
In such a case, the amount applying to the party in respect of the constituency under sub-paragraph (2) shall, instead of being the amount specified in that sub-paragraph, be that amount divided by the number of registered parties in whose name the candidate stands for election as mentioned in sub-paragraph (2A).
(3)
In the case of an ordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the appropriate date (as defined by sub-paragraph (4)) and ending with the date of the poll.
(4)
In sub-paragraph (3) “the appropriate date” means the date which falls four months before the date of the poll where—
(a)
the date of the poll is that determined by section 31(1) and (2) of the M7Northern Ireland Act 1998;
(b)
no less than five months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is brought forward under section 31(3) of that Act; or
(c)
no less than four months before the day on which the poll would have taken place under section 31(1) and (2) of that Act, the date of the poll is postponed under section 31(3) of that Act;
but where the date of the poll is brought forward or postponed otherwise than as mentioned in paragraph (b) or (c) above “the appropriate date” means the date which falls four months before the date when the poll would have taken place under section 31(1) and (2) of that Act.
(5)
In the case of an extraordinary general election, “the relevant period” for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 32(1) or (3) of the M8Northern Ireland Act 1998 and ending with the date of the poll for the election.
Part III Limits applying in special circumstances
F31...
F318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Combined limits where parliamentary election pending
9
(1)
This paragraph applies where—
(a)
separate limits would (apart from this paragraph) apply as follows to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be), namely—
(i)
under paragraph 3 in relation to a parliamentary general election; and
(ii)
under paragraph F325, 6 or 7 in relation to an election or elections within that paragraph; and
(b)
the parliamentary general election is pending during any part of the period in relation to which the limit imposed by paragraph F335, 6 or 7 would (apart from this paragraph) apply.
(2)
In such a case—
(a)
neither paragraph 3, nor paragraph F345, 6 or 7 (as the case may be) shall apply to the expenditure mentioned in sub-paragraph (1)(a); and
(b)
the limit or limits imposed by this paragraph shall apply to it instead.
(3)
Subject to sub-paragraphs (5) to (7), the limit applying to campaign expenditure which is incurred by or on behalf of the registered 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 F355, 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.
(4)
For the purposes of sub-paragraph (3) “the relevant period” is—
(a)
where the parliamentary general election takes place at the same time as, or later than—
F37(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the period which for the purposes of paragraph 3 is the relevant period in relation to the parliamentary general election;
(5)
Where sub-paragraph (1)(a)(i) is applicable in the case of each of two parliamentary general elections which are pending during different parts of any such period as is mentioned in sub-paragraph (1)(b), the limits applying to campaign expenditure which is incurred by or on behalf of the registered 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.
(6)
For the purposes of sub-paragraph (5) “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 sub-paragraph (5) “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 applies where—
(a)
a limit under paragraph 9 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be) in relation to a period that would either be—
(i)
a relevant period for the purposes of paragraph 9(3), or
(ii)
a first relevant period for the purposes of paragraph 9(5); and
(b)
another limit under paragraph F445, 6 or 7 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to a period (“the other campaign period”) which is not a period during which the parliamentary general election is pending but which 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 limit imposed by paragraph 9 shall not apply in relation to the period mentioned in sub-paragraph (1)(a); and
(b)
instead the limit 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 campaign expenditure which is incurred by or on behalf of the 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 F455, 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)
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 F465, 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 F475, 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 F48paragraphs 5 to 7
11
(1)
This paragraph applies where—
(a)
a limit under paragraph 3 would (apart from this paragraph) apply to campaign expenditure incurred by or on behalf of a registered party in England, Scotland, Wales or Northern Ireland (as the case may be);
(b)
another limit under paragraph F495, 6 or 7 applies to campaign expenditure incurred by or on behalf of the party in that part of the United Kingdom in relation to any period (“the other campaign period”) which 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 the parliamentary general election; and
(c)
paragraph 9 does not apply in connection with that expenditure.
(2)
In such a case—
(a)
the limit imposed by paragraph 3 shall not apply in relation to the relevant period for the purposes of that paragraph, and
(b)
instead the limit 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 campaign expenditure which is incurred by or on behalf of the 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 F505, 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 campaign periods”) which are relevant periods for the purposes of any of paragraphs F515 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).
(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 F525, 6 or 7 (as the case may be), or
(ii)
where sub-paragraph (4) applies, whichever of the relevant periods for the purposes of any of paragraphs F535 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 F545, 6 or 7 in relation to any period which is a relevant period for the purposes of that paragraph.