Commentary on Sections Schedule 3: Controlled expenditure: qualifying expenses Section 36: Third party expenditure in respect of candidates
135.Subsection (1) amends the “permitted sum” in section 75(1ZA)(a) of the Representation of the People Act 1983 (“the 1983 Act”) so that the level of expenditure a third party can incur when campaigning for or against a candidate without being authorised by the agent increases from £500 to £700. This figure has been increased to £700 in order to take into account the level of inflation since 2000.
136.Subsection (2) inserts a new section, section 75ZA into the 1983 Act, which allows for the returning officer, or the Electoral Commission, to request a record of the expenditure of a third party at a candidate level up to six months after the date of poll. Where over £200 has been spent, a full return must be made outlining all incurred expenditure. If an individual incurs expenditure of less than £200, they can state this in their return and they will not have to provide a full record of the expenditure they incurred.
137.Subsection (2) inserts a further new section, section 75ZB, which requires a person to comply with a request for a record of expenditure from the returning officer or Electoral Commission within 21 days, and that the return must be accompanied by a declaration and contain details as to what expenses were incurred. A person who fails to provide a return or declaration will be guilty of an illegal practice. A person who knowingly makes a false declaration will be guilty of a corrupt practice.