The Scottish Parliament (Elections etc.) Order 2002

Time for sending in and paying claims

41.—(1) Every claim against–

(a) a candidate for return as a constituency member or his election agent; or

(b) an individual candidate for return as a regional member or his election agent,

in respect of election expenses which is not sent in to the election agent not later than 21 days after the day on which the result of the election is declared shall be barred and not paid.

(2) All election expenses shall be paid not later than 28 days after that date.

(3) Subject to paragraph (4) or (5) below, a person who pays a claim in contravention of paragraph (1) above or makes a payment in contravention of paragraph (2) above shall be guilty of an illegal practice.

(4) Where the election court reports that it has been proved to the court that any payment made was by an election agent without the sanction or connivance of a candidate–

(a) the candidate’s election shall not be void; nor

(b) shall he be subject to any incapacity under this Order by reason only of that payment having been made in contravention of this article.

(5) The following person or persons, namely–

(a) a claimant;

(b) a candidate for return as a constituency member or his election agent; or

(c) an individual candidate for return as a regional member or his election agent,

may apply to the Court of Session or to the sheriff for leave to pay a claim for any election expenses although sent in after the period of 21 days or although sent in to a candidate and not the election agent and the court on cause shown to their satisfaction may by order grant leave.

(6) Any sum specified in the order of leave may be paid in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, by such candidate or his election agent and the amount paid in pursuance of the judgement or order shall not be deemed to be in contravention of paragraph (2) above.

(7) The jurisdiction vested by paragraph (5) above in the sheriff may be exercised otherwise than in open court.

(8) An appeal lies to the Court of Session from any order of the sheriff made by virtue of paragraph (5) above.