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Limitation of election expenses |
| | 20. - (1) Section 76 shall be amended as follows.
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(2) After subsection (1) (which limits the expenditure which may be incurred by a candidate or his agent in respect of the conduct or management of the election) there shall be inserted-
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"(1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (1) above shall not have effect in relation to any of those candidates or his election agent; but-
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(a) any sums paid or expenses incurred as mentioned in that subsection by any of those candidates or the election agent must not in the aggregate exceed the maximum amount specified in this section; and |
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(b) a candidate or election agent who knowingly acts in contravention of this subsection shall be guilty of an illegal practice." |
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(3) In subsection (2)(b) (which specifies the maximum amount for a local government election) after "a local government election" there shall be inserted "other than an Authority election".
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(4) After subsection (2) there shall be inserted-
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"(2A) As respects Authority elections, each of the following, that is to say-
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(a) the maximum amount for a candidate in an election of the Mayor of London, |
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(b) the maximum amount for a candidate in an election of a constituency member of the London Assembly, |
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(c) the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election, |
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(d) the maximum amount for the purposes of subsection (1A) above, |
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shall be such as the Secretary of State may prescribe in an order made by statutory instrument.
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(2B) An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament."
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(5) In subsection (5) (maximum amount not to cover personal expenses of candidate at a parliamentary election) after "parliamentary election" there shall be inserted "or an Authority election (including the maximum amount for the purposes of subsection (1A) above)".
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Power to vary provisions concerning election expenses |
| | 21. - (1) Section 76A shall be amended as follows.
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(2) In subsection (1) (power to vary the sums stated in specified provisions)-
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(a) for "74(1)" there shall be substituted "74(1)(a), (b), (c) or (d)"; and |
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(b) after "75(1) above" there shall be inserted ", a sum prescribed under section 75(1B)(a) above". |
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Expenses limit for joint candidates at local election |
| | 22. - (1) Section 77 shall be amended as follows.
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(2) In subsection (1) (reduction of maximum amount under section 76 in the case of joint candidates at a local government election) after "local government election" there shall be inserted "other than an Authority election".
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Return as to election expenses |
| | 23. - (1) Section 81 shall be amended as follows.
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(2) After subsection (1) (which allows 35 days after the day of the declaration for the making of the return) there shall be inserted-
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"(1A) Subsection (1) above-
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(a) in its application in relation to an election of the Mayor of London, shall have effect with the substitution for "35 days" of "70 days"; and |
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(b) in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for "35 days after the day on which the result of the election is declared" of "70 days after the day on which the last of the successful candidates at the election is declared to be returned."" |
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(3) After subsection (5) there shall be inserted-
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"(6) Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.
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(7) The return which the election agent is required to deliver under subsection (1) above-
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(a) shall be in respect of all those candidates; and |
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(b) shall be in the form set out for the purpose in rules under section 36(2A) above or to the like effect. |
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(8) If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.
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(9) The statements which the return is required to contain by virtue of subsection (3) above in respect of the matters there mentioned shall be a separate statement of each such matter as respects each of the candidates in question.
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(10) If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.
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(11) Where one of the candidates is the election agent, subsection (4) above shall have effect, as respects that candidate, as it has effect where a candidate is his own election agent."
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Declarations as to election expenses |
| | 24. - (1) Section 82 shall be amended as follows.
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(2) In subsection (1) (declaration by agent) for "the form in Schedule 3 to this Act" there shall be substituted "the appropriate form".
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(3) In subsection (2) (declaration by candidate) for "the form in that Schedule" there shall be substituted "the appropriate form".
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(4) After subsection (2) there shall be inserted-
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"(2A) For the purposes of subsections (1) and (2) above, "the appropriate form"-
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(a) in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above; |
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(b) in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and |
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(c) in any other case, is the form in Schedule 3 to this Act." |
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(5) In subsection (4) (persons before whom declaration as to election expenses may be made) in paragraph (a), after "London borough" there shall be inserted "or the proper officer of the Greater London Authority".
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(6) After subsection (5) there shall be inserted-
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"(5A) Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above."
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Penalty for sitting or voting where no return and declarations transmitted |
| | 25. - (1) Section 85 shall be amended as follows.
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(2) After subsection (2) there shall be inserted-
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"(2A) As respects Authority elections-
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(a) subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below); |
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(b) in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and |
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(c) in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate." |
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Disqualification where no return and declarations transmitted after Mayoral election |
| | 26. After section 85 there shall be inserted-
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| "Disqualification where no return and declarations transmitted after election of Mayor of London. |
85A. - (1) If, in the case of any candidate at an election of the Mayor of London, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, the candidate shall be disqualified from being elected or being the Mayor of London or a member of the London Assembly.
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(2) Any application under section 86 below by such a candidate for relief in respect of a failure to deliver the return and declarations as to election expenses must be made within the period of 6 weeks following the day on which the time limited for their delivery expires.
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(3) A disqualification under subsection (1) above shall not take effect unless or until-
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(a) the period specified in subsection (2) above for making an application for relief under section 86 below expires without such an application having been made; or |
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(b) if such an application is made, the application- |
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(i) is finally disposed of without relief being granted; or
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(ii) is abandoned or fails by reason of non-prosecution."
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Publication of time and place for inspection of returns and declarations |
| | 27. - (1) Section 88 shall be amended as follows.
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(2) In the words preceding paragraph (a), after "At a parliamentary election" there shall be inserted "or an Authority election".
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(3) In paragraph (a) (which requires publication of notices in at least two newspapers circulating in the constituency for which the election was held) after "the constituency" there shall be inserted "or electoral area".
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Broadcasting during elections |
| | 28. - (1) Section 93 shall be amended as follows.
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(2) In subsection (1), after "local government election" there shall be inserted ", other than an Authority election,".
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Schools and rooms for election meetings |
| | 29. - (1) Section 96 shall be amended as follows.
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(2) In subsection (1) (which entitles a candidate to the use of certain premises for holding public meetings in furtherance of his candidature) for "in furtherance of his candidature" there shall be substituted "to promote or procure the giving of votes at that election-
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(ii) if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,". |
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