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Prohibition of expenses not authorised by election agent etc.: registered parties
     40.  - (1) No expenses shall, with a view to promoting or procuring the election of any candidate or candidates be incurred by any person other than in accordance with paragraph (2) below or article 39.

    (2) Expenses required by paragraph (1) above to be incurred in accordance with this paragraph shall be incurred by - 

(a) any candidate on a registered party's regional list;

(b) the nominating officer of a registered party;

(c) the election agent of a registered party and any person authorised in writing by that election agent; or

(d) by any other person in accordance with arrangements for which the nominating officer is responsible,

on account - 

(i) of holding public meetings or organising any public display;

(ii) of issuing advertisements, circulars or publications; or

(iii) of otherwise presenting to the electors any candidate appearing on that list or the views of any such candidate or the extent to which any such candidate backs or disparages an individual candidate for return as a regional member or any other registered party which has submitted a regional list or any candidate included on the regional list of such other registered party,



but sub-paragraph (iii) of this paragraph shall not - 



(ia) restrict the publication of any matter relating to the election in a newspaper or any other periodical or in a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru or in a programme included in any service licensed under Part I or III of the Broadcasting Act 1990, or Part I or II of the Broadcasting Act 1996; or

(ib) apply to any expenses not exceeding in the aggregate the sum of �1000 which may be incurred by an individual and are not incurred in pursuance of a plan suggested or conserted with others or to expenses incurred by any person in travelling or living away from home or similar personal expenses.

    (3) Where a person incurs any expense required by this article to be authorised by the election agent for a registered party - 

(a) that person shall within 21 days after the day on which the result of the election is declared deliver to the Secretary of State a return of the amount of those expenses; and

(b) the return shall be accompanied by a declaration made by that person (or in the case of an association or body of persons by a director, general manager, secretary or other similar officer of the association or body) verifying the return and giving particulars of the matters for which the expenses were incurred,

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by the registered party or its election agent or any candidate included in the party's regional list.

    (4) The return and declaration under the foregoing provisions of this article shall be in the form C and D set out in the Appendix and the authority received from the election agent shall be annexed to and deemed to be part of the return.

    (5) A copy of the return and declaration made under paragraph (2) above in relation to an election shall be sent to the Secretary of State within 21 days after the day on which the result of the election is declared by the person making the return or declaration.

    (6) If a person - 

(a) incurs, or aids, abets, counsels or procures any other person to incur any expenses in contravention of this article; or

(b) knowingly makes the declaration required by paragraph (3) above falsely,

he shall be guilty of a corrupt practice, and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but - 

(i) the court before whom a person is convicted under this article may, if they think it is just in special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (as applied by this Order); and

(ii) a candidate shall not be liable, nor shall his election be avoided, for a corrupt or illegal practice under this article committed by an agent without his consent or connivance.

    (7) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves - 

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the other circumstances.

Limitation of election expenses: candidates
     41.  - (1) No sum shall be paid and no expense shall be incurred by - 

(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,

whether before, during or after an election, on account of or in respect of the conduct or management of the election, in excess of the maximum amount specified in this article, and a candidate, or election agent knowingly acting in contravention of this paragraph shall be guilty of an illegal practice.

    (2) The maximum amount is (in a case other than that to which paragraph (3) below applies) - 

(a) for a candidate for return as a constituency member in a constituency which is coterminous with a parliamentary constituency which is a county constituency �5,229 together with an additional 5.9p for every entry in a register of electors to be used at the election (as first published);

(b) for a candidate for return as a constituency member for a constituency which is coterminous with a parliamentary constituency which is a burgh constituency, �5,229 together with an additional 4.4p for every entry in a register of electors to be used at the election (as first published);

(c) for a candidate for return as a constituency member for the constituencies of the Orkney Islands or the Shetland Islands, �5,229 together with an additional 5.9p for every entry in a register of electors to be used at the election (as first published); and

(d) for an individual candidate for return as a regional member, a sum calculated by adding together the maximum amounts (calculated in accordance with sub-paragraphs (a) to (c) above) for a single candidate for return as a constituency member in each constituency included in the region.

    (3) The maximum amount at an election to fill a vacancy, for a candidate - 

(a) for return as a constituency member in a constituency which is coterminous with a parliamentary constituency which is a county constituency, �20,920 together with an additional 23.4p for every entry in a register of electors to be used at the election (as first published);

(b) for return as a constituency member for a constituency which is coterminous with a parliamentary constituency which is a burgh constituency, �20,920 together with an additional 17.8p for every entry in a register of electors to be used at the election (as first published);

(c) for return as a constituency member for the constituencies of the Orkney Islands or the Shetland Islands, �20,920 together with an additional 23.4p for every entry in a register of electors to be used at the election (as first published).

    (4) If a register to be used at an election is not published before the day of publication of the notice of election then for any reference in paragraph (2) or (3) above to an entry in that register there shall be substituted a reference to an entry in the electors list for that register as first published which gives the name of a person appearing from those lists to be entitled to be registered.

    (5) The maximum amount specified in paragraph (2) or (3) above for a candidate is not required to cover personal expenses of that candidate.

    (6) Where a poll for the return of a constituency member is countermanded or abandoned by reason of a candidate's death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.

    (7) The maximum amount specified in paragraph (2) or (3) above for a candidate shall not be affected by the change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.

Limitation of election expenses: registered political parties
     42.  - (1) No sum shall be paid and no expenses shall incurred by a registered political party at a general election for return of members to the Scottish Parliament, whether before, during or after such an election, on account of or in respect of the conduct or management of the election, in excess of �1,500,000.

    (2) Any person knowingly acting in contravention of paragraph (1) above shall be guilty of an illegal practice.

    (3) The amount specified in this article is not required to cover the personal expenses of any candidates on a regional list of a registered party.

    (4) The amount specified in this article shall not be affected by a change in the timing of a Scottish parliamentary election or of any step in the proceedings at such an election.

    (5) Where expenditure is incurred by a registered party in excess of the maximum amount specified in this article, the nominating officer of the party shall be deemed to be guilty of an offence, unless he proves - 

(a) that the act or omission took place without his consent or connivance; and

(b) that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the other circumstances.

    (6) A person who is guilty of an offence under paragraph (5) above shall be liable - 

(a) on conviction or indictment, to a fine; or

(b) on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

Time for sending in and paying claims
     43.  - (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 within 21 days after the day on which the result of the election is declared shall be barred and not paid.

    (2) Every claim against - 

(a) any registered party submitting a regional list or any candidate appearing on any list of that party or an election agent of that party; or

(b) the nominating officer of a registered party submitting a regional list or any other person where that claim arises in accordance with arrangements for which the nominating officer is responsible,

in respect of election expenses which is not sent in - 

(i) to the election agent, where sub-paragraph (a) applies; or

(ii) to the nominating officer or to such other person as is mentioned in sub-paragraph (b) where sub-paragraph (b) applies,



within 21 days after the day on which the result of the election is declared shall be barred and not paid.

    (3) All election expenses shall be paid within 28 days after that date.

    (4) Subject to paragraph (5) or (6) below, a person who pays a claim in contravention of paragraph (1) or (2) above or makes a payment in contravention of paragraph (3) above shall be guilty of an illegal practice.

    (5) 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.

    (6) The following person or persons, namely - 

(a) a claimant;

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

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

(d) the nominating officer of a registered political party submitting a regional list, the election agent of such a party, a candidate included a regional list submitted by that party and such other person as is mentioned in paragraph (2)(b) above,

may apply to the Court of Session or to a sheriff court for leave to pay a claim for any election expenses although sent in after the period of 21 days or although sent in - 

(i) to a candidate and not the election agent;

(ii) to the election agent and not to the registered nominating officer or to such other person as is mentioned in paragraph (2)(b) above; or

(iii) to the nominating officer or to such other person as is mentioned in paragraph 2(b) above and not to the election agent,



and the court on cause shown to their satisfaction may by order grant leave.

    (7) Any sum specified in the order of leave may be paid - 

(a) 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;

(b) by the nominating officer of a registered party submitting a regional list or that party's election agent or by any candidate appearing on that list or by any other person in accordance with arrangements for which the nominating officer is responsible; and

the amount paid in pursuance of the judgement or order shall not be deemed to be in contravention of paragraph (3) above.

    (8) The jurisdiction vested by paragraph (6) above in a sheriff court may be exercised otherwise than in open court.

    (9) An appeal lies to the Court of Session from any order of a sheriff court made by virtue of paragraph (6) above.

Disputed claims
     44.  - (1) If - 

(a) an election agent;

(b) a nominating officer of a registered party; or

(c) any other person in accordance with arrangements for which the nominating officer is responsible,

disputes any claim sent to him within the period of 21 days mentioned in article 43 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

    (2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by a candidate or such other person as is mentioned in paragraph (1)(a), (b) or (c) above, in pursuance of the judgement or order of the court shall not be deemed to be in contravention of article 36(1), 37(1) or (2) or 43(3) above.

    (3) If the defender in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the pursuer's application otherwise directs, be forthwith referred for taxation to the auditor of the Court of Session or, as the case may be, sheriff court and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

    (4) Article 43(7) to (10) above applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

Election agent's claim
     45. So far as circumstances admit, this Order applies to an election agent's claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Order and shall be dealt with accordingly.

Return as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
     46.  - (1) Within 35 days after the day on which the result of a Scottish parliamentary election is declared the election agent of every - 

(a) candidate for return as a constituency member; and

(b) individual candidate for return as a regional member,

at the election shall deliver to the appropriate returning officer a true return in the form E set out in the Appendix or to the like effect, containing as respects that candidate a statement of all payments made by the election agent together with all the bills and receipts.

    (2) The return shall deal under a separate heading or subheading with any expenses included in it - 

(a) as respects which a return is required to be made under article 39(2) above; or

(b) which are on account of the remuneration of expenses of speakers at public meetings.

    (3) The return shall also contain as respects that candidate - 

(a) a statement of the amount of personal expenses, if any, paid by the candidate;

(b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the Court of Session or sheriff court;

(d) a statement of all money, securities and equivalent of money received by the election agent from the candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they may have been received.

    (4) Where the candidate is his own election agent, a statement of all money and securities and equivalent of money paid by the candidate shall be substituted in the return as to election expenses for the statement of money securities and equivalent of money received by the election agent from the candidate.

    (5) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 43(7) above for any claims to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate returning officer a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he shall be deemed to have failed to comply with requirements of this article without such authorised excuse as is mentioned in article 53 below.

Return as to election expenses: registered party
     47.  - (1) Within seventy days after the day on which the result of the election is declared the nominating officer for each registered party on whose behalf candidates stood at that election shall deliver to the Secretary of State a true return of election expenses of the party in the form F set out in the Appendix or to the like effect, containing a statement as respects that party of all payments made by the party's nominating officer, by each of its election agents or by any other person in accordance with arrangements for which that nominating officer is responsible together with all the bills and receipts.

    (2) The total amount of all such payments referred to in paragraph (1) above shall be included in the statement.

    (3) The return shall deal under a separate heading or sub-heading with any expenses included in it - 

(a) as respects which a return is required to be made under article 40(2) above; or

(b) which are on account of the remuneration of expenses of speakers at public meetings.

    (4) The return shall also contain as respects that registered party - 

(a) a statement as respects each candidate on a regional list of that party of the amount of personal expenses, if any, paid by the candidate;

(b) a statement of all disputed claims of which the nominating officer is aware;

(c) a statement of all the unpaid claims, if any, of which the nominating officer is aware in respect of which application has been or is about to be made to the Court of Session or sheriff court;

(d) a statement of all money, securities and equivalent of money received - 


(i) by an election agent;

(ii) by the nominating officer; or

(iii) by any other person in accordance with arrangements for which the nominating officer is responsible,



from a candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they may have been received.

    (5) Where a candidate included in a registered party's regional list is the election agent for the registered party in relation to that list, a statement of all money and securities and equivalent of money paid by the candidate shall be substituted in the return as to election expenses for the statement of monies, securities and equivalent of money received by the election agent for that list from that candidate.

    (6) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 43(7) for any claims to be paid, the nominating officer shall, within 7 days after its payment, deliver to the Secretary of State a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he or they shall be deemed to have failed to comply with requirements of this article without such authorised excuse as is mentioned in article 53 below.

    (7) In connection with the discharge of functions under this article by a nominating officer it shall be the duty of any person who is or has been an election agent or sub-agent for a registered party to co-operate with that party's nominating officer and, in particular, to supply to the nominating officer such particulars as he may reasonably require.

Declarations as to election expenses: candidates for return as constituency members and individual candidates for return as regional members
     48.  - (1) Each return delivered under article 46 above shall be accompanied by a declaration made by the election agent in the form G set out in the Appendix.

    (2) At the same time as the election agent delivers that return, or within seven days thereafter - 

(a) each candidate for return as a constituency member; and

(b) each individual candidate for return as a regional member,

shall deliver to the appropriate returning officer a declaration made by him in the form G set out in the Appendix.

    (3) Where a candidate is out of the United Kingdom when the return is so delivered - 

(a) the declaration required by paragraph (2) above may be made by him within 14 days after his return to the United Kingdom; and

(b) in that case, the declaration shall be forthwith delivered to the appropriate returning officer,

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

    (4) A declaration as to election expenses under this article may be made either before a justice of the peace or before any person who is the proper officer of a local authority.

    (5) Where - 

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

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

the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form G set out in the Appendix.

    (6) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Declarations as to election expenses: registered political parties
     49.  - (1) Each return delivered under article 47 above shall be accompanied by a declaration made by the nominating officer in the form H set out in the Appendix.

    (2) At the same time as the nominating officer for a registered party delivers that return, or within 7 days thereafter, each candidate in a regional list submitted by that registered party shall deliver to the Secretary of State a declaration made by that candidate in the form I set out in the Appendix.

    (3) Where any such candidate is out of the United Kingdom when the return is so delivered - 

(a) the declaration required by paragraph (2) above may be made by him within 14 days after his return to the United Kingdom; and

(b) in that case, the declaration shall forthwith be delivered to the Secretary of State,

but the delay authorised by this article in making the declaration shall not exonerate the nominating officer from complying with the provisions of this Order relating to the return and declaration as to election expenses.

    (4) A declaration as to election expenses under this article may be made either before a justice of the peace or before any person who is the proper officer of a local authority.

    (5) If a person knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Where no return and declaration is needed
     50. Notwithstanding anything in articles 48 and 49 above, no return or declaration as to election expenses shall be required in the case of a person - 

(a) who is a candidate, but is so only because he has been declared by others to be a candidate; and

(b) who has not consented to the declaration or taken any part as a candidate at the election.

Penalty for failure as respects return of declarations
     51. Subject to the provisions of article 53 below, if any candidate, nominating officer or election agent fails to comply with the requirements of articles 46 to 49 above he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declaration is transmitted
     52.  - (1) If - 

(a) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, the return and declarations as to election expenses; or

(b) in the case of a candidate included on a registered party's regional list, his declaration as to elections expenses,

are not delivered before the expiry of the time limited for the purpose the candidate shall not, after the expiry of the time, sit or vote in the Parliament as a member for the constituency or, as the case may be, region until - 

(i) where sub-paragraph (a) above applies, that return and those declarations have been delivered;

(ii) where sub-paragraph (b) applies, that declaration has been delivered; or

(iii) the date of the allowance of an authorised excuse for the failure to deliver the return and declaration,



and if he sits or votes in contravention of this paragraph he shall forfeit �100 for every day on which he so sits or votes.

Authorised excuses for failure as to return and declarations
     53.  - (1) A candidate, a party's nominating officer or an election agent may apply for relief under this article to - 

(a) the Court of Session;

(b) an election court; or

(c) a sheriff court.

    (2) Where an application is made under this article the person or persons making the application shall notify the Lord Advocate of the application and the Lord Advocate may attend or be represented at the hearing of the application and make representations at the hearing in respect of it.

    (3) Relief under this article may be granted - 

(a) to a candidate for return as a constituency member, an individual candidate for return as a regional member, in respect of any failure to deliver the return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them;

(b) to a candidate on a registered party's regional list, in respect of any failure to deliver the declaration as to election expenses, or any part of it, or in respect of any error or false statement in it;

(c) to a registered party's nominating officer, in respect of any failure to deliver a return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them; or

(d) to an election agent, in respect of any failure to deliver the return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them.

    (4) The application for relief may be made on the ground that the failure, error or false statement arose - 

(a) by reason of the applicant's illness;

(b) where the applicant is a candidate, by reason of the absence, death, illness or misconduct - 


(i) in the case of a candidate for return as a constituency member or an individual candidate for return as a regional member, of his election agent or sub-agent (or any clerk or officer of such agent); or

(ii) in the case of a candidate included in a registered party's regional list, of any person;



(c) where the applicant is an election agent, by reason of the death or illness - 



(i) of any prior election agent;

(ii) where he is an election agent for a candidate, of the candidate; or

(iii) where he is an election agent for a registered party submitting a regional list, of any candidate included in that list;



(d) where the applicant is an election agent, by reason of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent;

(e) where the applicant is a registered party's nominating officer, by reason of the death, absence or misconduct illness - 



(i) of any election agent of that party or clerk or officer of such agent;

(ii) of any candidate included in a regional list submitted by that party; or

(iii) of any person having the authority to act in accordance with arrangements for which the nominating officer is responsible; or



(f) by reason of inadvertence or any reasonable cause of a like nature,

and not by reason of any want of good faith on the applicant's part.

    (5) The court may - 

(a) after such notice of the application in the constituency or region in relation to which the election was held, as it considers fit; and

(b) on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit,

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

    (6) Where it is proved to the court by a candidate - 

(a) that any act or omission of the election agent of that candidate (or, in the case of a candidate on a party's regional list, the party's nominating officer) in relation to the return or declarations was without the sanction or connivance of the candidate; and

(b) that the candidate took all reasonable means for preventing the act or omission,

the court shall relieve the candidate from the consequences of the act or omission of the election agent or, as the case may be, nominating officer.

    (7) An order under paragraph (5) above may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as the court seem best calculated for carrying into effect the objects of this Part of this Order.

    (8) An order under paragraph (5) above shall relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order.

    (9) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

    (10) The jurisdiction vested by this article in a sheriff court may be exercised other than in open court.

    (11) An appeal lies to the Court of Session from any order of a sheriff court made by virtue of this article.