Part VI U.K. Controls relating to third party national election campaigns

Chapter II U.K. Financial controls

[F1 Which third parties may incur expenditure] U.K.

Textual Amendments

F1 S. 89A and cross-heading inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 26(1), 67(1) (with s. 26(3)(4)); S.I. 2022/1226, reg. 2(c)

[F2 89B Restriction on which third parties may incur controlled expenditure: Senedd Cymru elections E+W

(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Welsh devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).

(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Welsh devolved regulated period which do not in total exceed £700.

(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4) If the third party is not an individual—

(a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

(b) the third party is also guilty of an offence.

(5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6) A “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru).]

Extent Information

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

Textual Amendments

F2 S. 89B inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 36(2), 72(4); S.I. 2024/1337, art. 2(k)

[F3 89B Restriction on which third parties may incur controlled expenditure: Scottish Parliament elections S

(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Scottish devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).

(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Scottish devolved regulated period which do not in total exceed £700.

(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4) If the third party is not an individual—

(a) any person who authorised the expenses to be incurred by or on behalf of the third party commits an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

(b) the third party also commits an offence.

(5) If the third party is an individual, the individual commits an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6) In this section a “Scottish devolved regulated period” means a period in relation to which any limit is imposed by paragraph 5 of Schedule 10 (general elections to the Scottish Parliament).]

Extent Information

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

Textual Amendments

F3 S. 89B inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 23(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2