Elections expense limits - Parliament

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The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Mr. Christopher Leslie): The Government have laid before Parliament the following instrument: The Representation of the People (Variation of Limits of Candidates' Elections Expenses) Order 2005 This order reflects The Electoral Commission's recommendations of 12 January 2005 on the maximum amounts of candidates' election expenses at a parliamentary general election in the United Kingdom and at local government elections in England and Wales, as detailed in their report: "Variation of election expenses limits for candidates at UK parliamentary and local government elections". The recommendations have been agreed by both the Secretary of State for Constitutional Affairs and the First Secretary of State in respect of their separate and distinct responsibilities for electoral matters. The Department for Constitutional Affairs broadly takes responsibility for national issues, in particular parliamentary and European parliamentary elections. The Office of the Deputy Prime Minister broadly takes responsibility for local election matters. 4 The Order was laid on the same day and came into force on 4 March 2005. The revised limits were set, as per the Electoral Commission’s recommendation, at £7,150 in each constituency and a further 5 pence per elector in borough constituencies or a further 7 pence per elector in county constituencies. The Order also revised the limits for local elections to £600 per ward plus 5 pence per elector. 5 3. Calculation of expense limits Section 76 (4) of the Representation of the People Act 1983, as amended, states that the number of electors used in calculating the candidates’ expense limit is determined by the number of electors on the appropriate register on the “last day for publication of notice of election”: (4) In subsection (2) above “the register of electors” means the register of parliamentary electors, or (as the case may be) local government electors, for the constituency or electoral area in question as it has effect on the last day for publication of notice of the election. 4 5 HC Deb 10 February 2005 c86WS The Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 2005 SI 2005/269 4
4. Definition of expenses Following an election, election agents are required to submit a return detailing the expenses incurred by a candidate. In the case of a general election, the return must be submitted within 35 days of the day after the results were declared; it should be submitted to What constitutes an election expense is defined in the RPA 1983, as amended. The Electoral Commission provides the following summary of the definition of election expenses: Election expenses are any expenses incurred in promoting a candidate's election. All expenses incurred in relation to items used to promote a candidate during a specified period must be treated as the candidate's election expenses and count against the candidate's election expenses limit, regardless of when the expenditure was incurred. Examples of candidates' election expenses include items such as: • printing and distribution of leaflets or other promotional material; • advertising material (e.g. posters and rosettes); • expenses incurred in relation to various types of communications (e.g. telephone, fax, internet); • administrative costs (e.g. the maintenance of a campaign office); • postage; • expenses relating to holding public meetings (including payment of speakers); • fees paid to election agents, sub-agents, polling agents or to clerks and messengers during the election etc.; • expenses relating to the hire of committee rooms during an election; • miscellaneous items. Election expenses include any notional expenses, that is, the commercial value of any goods or services provided free of charge or at a discount from normal commercial prices. For example, if an individual who supported a candidate's campaign supplied the candidate with promotional leaflets at just 50% of the usual commercial price, the discount provided to the candidate should be treated as notional expenditure. 6 Although the regulated period begins at the moment an individual becomes a candidate (now not before Parliament has been dissolved) and ends with the poll, expenses incurred before that time count against the limit if the goods and services procured are used for the purpose of the candidate’s election in the regulated period. The Electoral Commission has also produced Election expenditure and donations: guidance for candidates and election agents, which is available on the Commission’s website. 7 6 7 Electoral Commission, Candidates’ election expenses, http://www.electoralcommission.org.uk/regulatory-issues/legcandidates.cfm Electoral Commission, Election expenditure and donations: guidance for candidates and election agents, September 2004, 5
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