The National Assembly for Wales (Representation of the People) Order 2007

Time for sending in and paying claims

49.—(1) Every claim against—

(a) a constituency candidate or his election agent; or

(b) an individual candidate or his election agent at a regional election,

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

(2) All election expenses shall be paid not later than 28 days after the day set out in paragraph (1).

(3) Any person who pays a claim in contravention of paragraph (1) or makes a payment in contravention of paragraph (2) shall be guilty of an illegal practice.

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

(a) the candidate’s election shall not be void;

(b) nor 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) In respect of a claim, the payment of which is otherwise barred by paragraph (1)—

(a) a claimant; or

(b) a constituency or individual candidate or his election agent,

may apply to the High Court or to a county court for leave to pay the claim although sent in after the period of 21 days or although sent in to a candidate and not as required to the election agent, and the court on cause shown to their satisfaction may by order grant the leave.

(6) Any sum specified in the order of leave under paragraph (5) may be paid by a candidate or his election agent, and when paid in pursuance of the leave shall not be deemed to be in contravention of paragraph (2).