Commentary on Sections Election expenses Section 27 Meaning of election expenses for purposes of the 1983 Act
171.This section inserts new section 90ZA (meaning of election expenses) after section 90 of the 1983 Act.
172.New section 90ZA(1) provides that “election expenses” in relation to a candidate at an election means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4A, which is used for the purposes of the candidate’s election after the date when he becomes a candidate at the election. Because of section 118A of the 1983 Act, a person cannot become a candidate at the election before⎯in the case of a parliamentary general election⎯the dissolution of Parliament.
173.New subsection (3) provides that the phrase “for the purposes of a candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.
174.New subsection (4) confirms that election expenditure is such expenditure as is incurred by the candidate or his agent or by any person authorised by the candidate or his election agent to incur election expenses.
175.Part 1 of new Schedule 4A lists those matters qualifying as election expenses. Part 2 of the Schedule, together with subsection (2), lists general exclusions to the definition of election expenses. These lists are based on those for political parties’ campaign expenditure contained in Schedule 8 to the 2000 Act, and will provide simpler and clearer reporting requirements.
176.Part 3 of new Schedule 4A makes provision for the Electoral Commission to provide guidance on the subject of election expenses and to prepare a draft code for observance by candidates and their agents. The code must be approved by the Secretary of State and thereafter be laid, either with or without modifications, before each House of Parliament, subject to the negative resolution procedure, before coming into force on such date as the Secretary of State may by order appoint. If the Secretary of State should make any modifications to the code he must, at the same time as laying the code, lay a statement of his reasons for making them.
177.Part 3 of the new Schedule also empowers the Secretary of State to amend Parts 1 and 2 of the Schedule by order. An order made under this provision must either give effect to a recommendation of the Electoral Commission or be made after consultation with the Electoral Commission. The order must be laid before each House of Parliament and is subject to the affirmative resolution procedure.