The National Assembly for Wales (Representation of the People) Order 2003

Meaning of “election expenses”

61.—(1) In this Part “election expenses”, in relation to a candidate at a constituency election or an individual candidate at a regional election, means (subject to paragraphs (2) and (3) and articles 62 and 63) any expenses incurred in respect of —

(a) the acquisition or use of any property, or

(b) the provision by any person of any goods, services or facilities,

which is or are used for the purposes of the candidate’s election after the date when he becomes a candidate at the election.

(2) Paragraph (1) applies whether the expenses are incurred before or after that date.

(3) No election expenses shall be regarded as incurred, by virtue of paragraphs (1) or (2) or articles 62 and 63, in respect of —

(a) the payment of any deposit required by paragraph 10 of Schedule 5 to this Order;

(b) the publication of any matter, other than an advertisement, relating to the election in —

(i) a newspaper or periodical;

(ii) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or

(iii) a programme included in any service licensed under Part I or III of the Broadcasting Act 1990(1) or Part I or II of the Broadcasting Act 1996(2);

(c) the provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Order other than facilities in respect of which expenses fall to be defrayed by virtue of article 68(4);

(d) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge.

(4) In this article and in articles 62 and 63 “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.

(5) For the purposes of this Part —

(a) election expenses are incurred by or on behalf of a candidate at an election if they are incurred —

(i) by the candidate or his election agent, or

(ii) by any person authorised by the candidate or his election agent to incur the expenses; and

(b) any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses which are incurred as mentioned in sub-paragraph (a)(i) or (ii) above before the date when he becomes a candidate at the election but which by virtue of paragraphs (1) and (2) above fall to be regarded as election expenses.

(6) In this Part and in Part IV, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

(1)

1990 c. 42.

(2)

1996 c. 55.