Local Elections (Disclosure of Donations and Expenditure) Act, 1999

PART IV

Statements and Information

Statement of donations and election expenses.

13.—(1) (a) (i) The national agent of a political party or a person who incurs election expenses under section 6 (7) at a national level shall, within 90 days next following the polling day at an election, furnish in person to the specified local authority a statement in writing of all election expenses (whether paid or not) incurred by such agent or person in relation to the election and the several matters to which such expenses relate.

(ii) A designated person or a person who incurs election expenses under section 6 (7) in respect of a local electoral area or electoral area in relation to a political party or otherwise at an election shall, within 90 days next following the polling day at an election, furnish in person to the local authority concerned, a statement in writing of all election expenses (whether paid or not) incurred by such designated person or person in relation to the election and the several matters to which such expenses relate.

(iii) A candidate shall, within 90 days following the polling day at an election, furnish in person to the local authority concerned a statement in writing of all election expenses (whether paid or not) incurred by such candidate in relation to the election, the several matters to which such expenses relate and details of donations referred to in paragraph (c).

(b) The national agent of a political party, a designated person or a person to whom section 6 (7) applies shall include in the statement of election expenses furnished by him or her under subparagraph (i) or (ii) of paragraph (a) details of the election expenses incurred by him or her. The statement shall be in the prescribed form and shall be accompanied by a statutory declaration made by the national agent, designated person or person to whom section 6 (7) applies by whom the statement is furnished, to the effect that to the best of his or her knowledge and belief the statement is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(c) (i) A candidate at an election shall include in the statement of donations and election expenses furnished by him or her under paragraph (a) (iii) details of the election expenses he or she incurred pursuant to section 6 and the source of the income, including details of each donation over £500, to meet such expenses.

(ii) Where a person makes more than one donation to a candidate in relation to the same election, all such donations shall, for the purposes of subparagraph (i), be aggregated and treated as a single donation.

(iii) The statement shall be accompanied by a statutory declaration, made by the candidate by whom the statement is furnished, to the effect that to the best of his or her knowledge and belief the statement is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(d) Each statement furnished under this subsection shall include particulars of all disputed claims, if any, and all claims, if any, received after the day referred to in section 11 .

(2) Where, after a statement is furnished under subsection (1), an order for payment of a claim is made by a court under section 12 , the national agent, designated person, candidate or person referred to in section 6 (7), as the case may be, shall, not later than 7 days after the date of the order of the court, furnish to the specified local authority or to the local authority concerned a copy of the said order together with a statement of the sum payable under the order.

(3) It shall be the duty of every national agent, designated person, candidate or other person who is required by this section to furnish a statement and make a statutory declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the statement and making the declaration.

(4) Where a candidate standing nominated at an election dies—

(a) in any of the circumstances referred to in subarticle (1), (2) or (3) of article 28 of the Local Elections Regulations, 1995, or

(b) after the close of poll at the election and before a statement required under subsection (1) (a)(iii) has been furnished to the local authority concerned in respect of that candidate,

such statement shall not be required to be made to the local authority concerned.

(5) If a person to whom section 6 (7) applies, dies before the expiration of the period for furnishing a statement under subsection (1), such statement shall not be required to be made to the local authority concerned.