Part 4: Regulation of Expenditure Notional expenditure of candidates and others Section 20: Notional expenditure: use of property etc on behalf of candidates and others
Section 20 subsection (1) (notional expenditure: use of property etc. on behalf of candidates and others) amends section 90C of the RPA 1983 in order to clarify that ‘on behalf of’ means where the candidate (or the candidate’s election agent) has directed, authorised or encouraged the use of benefits in kind by someone else. This clarifies that candidates only need to report benefits in kind which they have actually used, or directed or encouraged someone else to use and do not need to fear being responsible for benefits in kind of which they had no knowledge.
	Section 20 subsections (2)-(7) makes equivalent amendments to the rules on notional expenditure throughout electoral law, including in respect of other campaigners, including political parties. This ensures consistency across the various pieces of electoral legislation.
	This section applies only in relation to reserved and excepted elections. For subsection (1), relating to notional expenditure of candidates, this applies to all UK elections except local Government elections in Scotland and Wales. Subsections (2) to (4) apply the amendment to political parties and third parties during regulated periods for reserved and excepted elections. The relevant periods are set out in paragraphs 3, 7, 9, 10 and 11 of schedules 9 and 10 of PPERA. The regulated period before devolved elections fall within the devolved legislative competence of the Scottish Parliament or Welsh Senedd, except where regulated periods for UK Parliamentary elections overlap/are combined with those periods. It is possible that this combination of regulated periods could happen retrospectively, when a general election is called. In this scenario, the entire combined regulated period (as defined by paragraphs 9 to 11) is reserved, and as such reserved campaigning rules apply.