(1)A claim for payment in respect of controlled expenditure incurred by or on behalf of a recognised third party during any period which is a regulated period (as defined by section 94(10)(a)) shall not be payable if the claim is not sent to—
(a)the responsible person, or
(b)any other person authorised under section 90 to incur the expenditure,
not later than [F130 days] after the end of the regulated period.
(2)Any claim sent in accordance with subsection (1) shall be paid not later than [F260 days] after the end of the regulated period.
(3)A person commits an offence if, without reasonable excuse—
(a)he pays any claim which by virtue of subsection (1) is not payable, or
(b)he makes any payment in respect of a claim after the end of the period allowed under subsection (2).
(4)In the case of any claim to which subsection (1) applies—
(a)the person making the claim, or
(b)the person with whose authority the expenditure in question was incurred,
may apply [F3in England and Wales to the High Court or the county court or, in Northern Ireland,] to the High Court or a county court or, in Scotland, to the Court of Session or the sheriff for leave for the claim to be paid although sent in after the end of the period mentioned in that subsection; and the court, if satisfied that for any special reason it is appropriate to do so, may by order grant the leave.
(5)Nothing in subsection (1) or (2) shall apply in relation to any sum paid in pursuance of the order of leave.
(6)Subsection (2) is without prejudice to any rights of a creditor of a recognised third party to obtain payment before the end of the period allowed under that subsection.
(7)Subsections (7) to [F4(10)] of section 77 shall apply for the purposes of this section as if—
(a)any reference to subsection (1), (2) or (4) of that section were a reference to subsection (1), (2) or (4) above;
(b)any reference to campaign expenditure were a reference to controlled expenditure; and
(c)any reference to the treasurer or deputy treasurer of the registered party were a reference to the responsible person in relation to the recognised third party.
[F5(7A)This section does not apply in relation to a recognised third party that is subject to the lower-tier expenditure limits.]
F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 92(1) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 65(2)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 22 (subject to art. 4, Sch. 2)
F2Words in s. 92(2) substituted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 65(2)(b), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 22 (subject to art. 4, Sch. 2)
F3Words in s. 92(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 121(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4Word in s. 92(7) substituted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 4(5) (as amended by S.I. 2019/1389, regs. 1, 2(2))
F5S. 92(7A) inserted (24.11.2022) by Elections Act 2022 (c. 37), ss. 28(12), 67(1) (with s. 28(13)(14)); S.I. 2022/1226, reg. 2(c)
F6S. 92(8) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
Commencement Information
I1S. 92 wholly in force at 16.2.2001; s. 92 not in force at Royal Assent, see s. 163(2); s. 92 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)